Miloš Novović is an associate professor of law a BI, specializing in law and technology. He is responsible for several courses on privacy and data protection, as well as legal tech courses covering issues such as digital contracts, copyright, AI and digital platforms. His teaching and research interests also include international commercial contracts and arbitration law.
Miloš holds a PhD in law from University of Oslo, where he wrote about copyright, contract and private international law issues stemming from copyright-related terms of use agreements offered by largest online companies. He also holds an LL.M. in intellectual property law from the George Washington University, as well as an LL.B. from University of Montenegro.
Miloš provided privacy and IT contract-related advice to major Norwegian and international companies over several years, and is a chairman of the Norwegian Society for Comparative Law.
Publications
Novovic, Milos (2023)
Arbitrability of Data Protection Disputes: Personal Data, Personalized Justice?
This article explores the interplay between international arbitration and data subject compensation claims under the General Data Protection Regulation (GDPR). The analysis focuses on the validity and enforcement of arbitration agreements and the resulting awards. The article argues that despite potential skepticism, arbitration can offer significant benefits to data subjects, and that compensation claims under the GDPR should be considered arbitrable under the New York Convention and CJEU case law. The article further argues that EU courts have a duty to refer disputes to arbitration, and that the mandatory provisions of EU law have limited means of interfering with this duty. Furthermore, it establishes that the misapplication of GDPR provisions does not automatically justify the denial of arbitral award recognition. The article argues that this is a natural extension of trust traditionally shown to arbitrators, and that such trust should not be easily cast aside.
Novovic, Milos (2022)
Privacy Nutrition Labels, App Store and the GDPR: Unintended Consequences?
Journal of Data Protection and Privacy, 5(3), s. 267- 280.
Novovic, Milos (2019)
Fighting European ‘Copyright Tourism’: Lessons from Defamation Laws
European Review of Private Law, 27(5), s. 949- 971.
In the recent cases of Pinckney and Hejduk, the ECJ revised European rules on jurisdiction over online copyright infringement disputes – making it possible for claimants to bring their lawsuits in virtually any European country. Due to the application of lex loci protectionis, this choice of venue also affects the law applicable to disputes. This article shows that this results in a substantial forum shopping risk, despite safety mechanisms built into the ECJ judgments. It explains that forum shopping is not inherently bad, but that it creates major problems for copyright laws, given its potential to shift the balance between the authors and exploiters of the work. In an attempt to identify a possible solution, this article turns to the substantive implementation of de minimis principle in Principles on Conflict of Laws in Intellectual Property (CLIP) Principles. The success of this approach is illustrated through the field of media law, and specifically, the way in which United Kingdom solved the problem of libel tourism. Examining the substantive requirement of ‘serious harm’ found in the UK Defamation Act of 2013, the article proposes amending national copyright laws as to state that absent showing of the intention to target a certain Member State by the online infringing activity or, alternatively, a ‘serious harm’ suffered on its territory, no copyright infringement is to be found. This way, forum shopping in online copyright infringement cases may be stopped in its tracks, before it becomes a rampant practice in Europe