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Intellectual Property Law

IBLS Internet Law Blog

Covers global Internet and E-Commerce.

Post Frequency: 5.8/day

Last Entry: March 03, 2010 at 19:08:00

Sweden Passes Wiretap Law Amid Widespread Protests

Posted on August 17, 2008
A new electronic surveillance law described as "the most far-reaching eavesdropping plan in Europe," was recently passed by the Swedish Parliament. The new statute is popularly referred to as the FRA-lagen, or FRA law, and is meant to fight terrorism in Sweden...

Conflict of Laws- What Law does Apply to Internet Payday Loans?

Posted on August 14, 2008
Regarding payday loans offered to consumers via the Internet: If we have a California deferred presentment license authorizing us to conduct a payday loan business and a consumer from let us say Delaware happens upon our web site and applies for a payday loan where does the loan transpire when: 1) We have a physical location in San Diego 2) Consumer resides in Delaware, or GA, or TX or...

Monopoly Claims against E-commerce Businesses

Posted on August 13, 2008
The United States (US) has strong antimonopoly laws that are currently being applied to e-commerce cases. Most of these claims, though, have not succeeded but it is definitely interesting to see how the antimonopoly area of law applies to the cyber world...

EU VAT Rules for Electronically Delivered Services

Posted on August 13, 2008
Council Directive 2002/38/EC of May 7, 2002, is the Community law directly addressing and clarifying the VAT basis for assessment to electronically supplied services. This Directive was introduced to eliminate the then-existing discriminatory tax treatment for electronically supplied services...

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New Fed Law Mandates Internet 911 Emergency Calls Service

Posted on August 11, 2008
President Bush has signed into law a Bill stipulating that phone calls made over the Internet (called Voice over Internet Protocol, or VoIP service) to a 911 emergency operator, will have the same status and safeguards as traditional 911 calls. This law will be especially helpful to those persons residing in the 50% of American counties, boroughs and parishes that do not have enhanced 911 capabilities...

Data Subject Rights in the Processing of Personal Data by EU Community Institutions

Posted on August 11, 2008
EC Regulation 45/2001 of December 18, 2000, set up rules for "the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data." The European Parliament and Council issued this regulation following the mandates in the Treaty establishing the European Community (ECT)...

Taxation of Imports in Ireland

Posted on August 06, 2008
Taxation of imports becomes an essential element to be aware of in e-commerce. E-commerce transactions involving the transfer of physical goods and parties from two or more countries, regardless of the business model used (B2B, B2C, C2C, etc.), usually demand the payment of taxes by the buyer in the importing country...

Privileged Revisions v. Copyrights on Works republished in Databases and other Electronic Forms

Posted on August 05, 2008
The transfer of collective copyrighted works from original prints to databases or electronic forms is redefining copyright principles and laws. Copyright holders are filing copyright infringement law suits against publishers who transfer imprint collective works to databases, CD ROMs, and other electronic forms...

Electronic Contracts and Jurisdiction under State Long-Arm Statutes

Posted on August 04, 2008
United State (US) Federal Courts undertake international and interstate party cases (diversity cases) such as those related to e-commerce. Whether federal courts have personal jurisdiction over a particular defendant is determined by the law of the forum state...

Attention eBay Users: Online Sellers Facing New IRS Rules

Posted on August 01, 2008
Countless Americans selling as individual entrepreneurs on sites like eBay must now be aware that the Internal Revenue Service has modified their rules to make sure taxes are reported on private Internet transactions. As part of the housing rescue package just signed by President George W...

IBLS Graduate Fellowships for E-Commerce Masters in Law, Fall Program starts September 2, 2008.

Posted on August 01, 2008
IRVINE, Calif.--(BUSINESS WIRE)--Internet Business Law Services (IBLS), www.IBLS.com, has established Graduate Fellowships for E-Commerce law specialization in Masters in Law in International Tax and Financial Services offered by Thomas Jefferson School of Law, http://llmprogram...

IMBRA and Its Requirements for IMB- Are they Fair for Americans?

Posted on July 30, 2008
I inquired of one IMB about this issue and here is their response: ?Being a Russian based agency American laws do not apply on us. But for our American clients together with their membership details we do inform them that in order to avoid problems when they apply for Finacee visas what documents they should send to the ladies with their first mails, we also ask them to save a copy of these mails...

Enforcement of Intellectual Property Rights Act of 2008

Posted on July 30, 2008
Dear Chairman Leahy and Ranking Member Specter: The U.S. Chamber of Commerce, the world's largest business federation representing more than three million businesses and organizations of every size, sector, and region, commends you for introducing S...

Federal Tax-Exempt E-commerce Sites or Cyberspace Tax Puzzles?

Posted on July 30, 2008
The United States (US) Internal Revenue Code (IRC) exempts from federal income taxation certain organizations operated exclusively for charitable and other exempt purposes. An organization seeking tax exempt status must apply for recognition as such before the Internal Revenue Service (form 1023)...

Republic of Korea Drafts Internet Libel Law for 2009

Posted on July 30, 2008
On July 22, the Republic of Korea Government announced that new rules are coming into effect for the country's web, drafted by the Korea Communications Commission. The ordinance is titled, ?Comprehensive Measures for Information Protection on the Internet...

EU Implementing Directive on Statistics on the Information Society

Posted on July 28, 2008
Regulation (EC) No 808/2004 (Directive on IS Statistics) of the European Parliament and the Council established a common framework for the systematic production of EU statistics on the information society. This Directive on IS Statistics was implemented by Commission Regulation (EC) No 847/2007 of July 18, 2007 (Implementing Directive)...

Bullying and Cyber-Bullying Prohibited under Florida Law

Posted on July 27, 2008
Bullying and, in particular, cyber-bullying is becoming a frequent practice among the American youth. Incidents are reaching such daunting results that state legislatures are rapidly adopting measures. For instance, Florida Legislature adopted an anti-bullying, including cyber-bullying, law on April 2008...

OECD urges Argentina to improve capacity to enforce the Anti-Bribery Convention

Posted on July 24, 2008
Argentina should promptly establish effective liability and sanctions for companies for the offence of foreign bribery and significantly improve its capacity to investigate and prosecute the offence, according to a new report by the OECD Working Group on Bribery...

VoIP Services in UK

Posted on July 24, 2008
On February 22, 2006, Ofcom published a consultation setting out its revised approach to the regulation of VoIP. Important changes in this consultation include the amendment to classification of VoIP services. Ofcom proposed to introduce a Code of Practice which would require the provision of consumer information by service providers, including statements of the instances in which a service provider does not provide emergency access...

BLOGS UNDER OMAN ELECTRONIC TRANSACTIONS LAW 2008

Posted on July 22, 2008
On May 18th, 2008 the Electronic Transactions Law 69/2008 of the Sultanate of Oman was issued by His Majesty's Royal Decree. This is the first law passed to regulate electronic transactions in Oman. Secretary General of Oman's National Economy Ministry and Chairman of the Information Technology Authority (ITA) Mohammad Al-Khussaibi said the Electronic Transactions Law "is the start of a new era in Oman, where a truly e-enabled society evolves in the realization of the digital society in the Sultanate...

TAXATION OF SOFTWARE IN WASHINGTON

Posted on July 22, 2008
Transaction of computer software is taxable in Washington State. Both custom and customized software products are subject to tax. Software written for one specific customer other than those which are considered canned is not taxed. In Washington custom computer programs are not subject to sales tax but are subject to Washington business and occupation tax...

EU Protection of Copyrights and Service Providers' Obligation to Communicate Personal Data in Civil Proceedings

Posted on July 16, 2008
Interpretation of European Community laws and their adaptation by Member States is a complex task when several EU Directives are involved. In January 2008, the European Court of Justice decided a case that involved interpretation of several e-commerce, copyright directives, and some directives regarding the processing of personal data and the question of whether Internet service providers were to provide users' personal data within copyright proceedings...

Amazon Sues New York State Over Internet Sales Tax Law

Posted on July 16, 2008
Massive web retailer Amazon.com, best known for selling books and CD's online, is suing New York State regarding a new law that demands certain online retailers collect taxes from NY customers and then deliver the tax money to the state revenue branch...

Trademark Infringement: Likelihood of Confusion in the Internet

Posted on July 14, 2008
The United States Patent and Trademark Office (USPTO) refuses registration of a trademark or service mark that is likely to conflict with a mark or marks already registered or pending before the USPTO, according to Trademark Act Section 2(d), 15 U.S.C...

The Billion-Dollar Domain Babies

Posted on July 14, 2008
The latest ICANN plan to allow the global populace to assemble an entire domain name like www.yourname.yourname as their free-choice is a revolutionary and timely decision. This now open doors to cyber-brands like my.ibm, hotel.nyc, it.jobs, play.poker, fly...

MISSOURI GOVERNOR SIGNS CYBER-BULLYING BILL INTO LAW 2008

Posted on July 09, 2008
On June 30th, Missouri governor, Matt Blunt, signed a bill updating state laws against harassment by removing the requirement in the legislation requiring that such harassing communication be written or made over the telephone. Now, harassment from computers, text messages and other electronic devices may also be considered illegal...

NY Court Orders YouTube User Records Released

Posted on July 09, 2008
In a move denounced by many Online Privacy advocates, a NY District Court has ordered YouTube to surrender its user logs to determine which videos are watched when and by whom. This order represents a marked change in current Privacy law. The order comes in relation to Viacom's billion dollar suit against YouTube, the most popular Internet video website, which is owned by Google...

How do I know if my ISP follows the US security law?

Posted on July 08, 2008
I'm planning an e-commerce website and have been warned that some 3rd party providers do not (or have not) adhere to new US government security requirements. I understand there is a particular "code" section where this is prevalent. What is this section and how do I confirm my potential provider is in adherence? Clark

US Wireless Internet Services- WIS

Posted on July 07, 2008
Wireless Internet services (WIS) allow internet broadband connections via satellite signal or ground-based antennas. Prior to WIS, broadband connections could only be obtained through wired networks such as DSL (digital subscriber lines), T-1 lines (high capacity telephone lines), and cable modem services...

Workers Compensation for Work-at-Home- Employees

Posted on July 07, 2008
Futurist articles predict that outsourcing and technology will be employers' two most dependable essentials. Increasing number of employers is employing the services of "work-at-home employees," an outsourcing alternative among many. Technology, of course, is what links these employees with their companies...

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