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Intellectual Property Law

IBLS Internet Law Blog

Covers global Internet and E-Commerce.

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

Argentina Modifies its Criminal Code to Include Information Technology Crimes

Posted on July 01, 2008
Argentina approved law 26388 (2008) that updates its criminal code and sanctions information technology crimes. On June 4th, and after numerous debates, Argentinean ?Camara de Diputados? typified as crimes the following conducts (a) the distribution and possession with the intent to distribute child pornography; (b) e-mail violations; (c) illegal access to information systems; (d) distribution of virus and damages to information systems; (e) aggravated crimes against information systems; and (f) interruption of communications...

Misleading Advertising under the EU Directive and Austria's Law

Posted on June 30, 2008
Council Directive 84/450/EEC regulates misleading and comparative advertising in the European Union. Even though must European Union (EU) Member States have adopted this Directive within their domestic legislation, some conflicts between Directive 84/450/ECC and domestic marketing laws arise...

Do Business Insurance Cover Electronic Data Loss Caused by Defective Software?

Posted on June 29, 2008
The software industry is booming worldwide. China's software industry, one of the fastest growing markets, generated US$80.8 billion (580 billion Yuan) in revenue in 2007. Security software is the most profitable among software categories...

I will start an internet advertising company, do I need to pay sales taxes?

Posted on June 26, 2008
I am trying to start an internet advertising company. I will be buying advertising space from web site and selling it to advertisers. I am not sure if I would have to pay sales tax. If I would, where would I have to pay it? Would it be in my state/city? Would it be in the city/state where my server is? I am grateful for any information regarding this matter...

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what obligation does an internet business have to notify a customer of an upcoming billing?

Posted on June 24, 2008
The issue of virtual invoicing - what obligation does an internet business have to notify a customer of an upcoming billing, especially if it is a new, recurring billing to go into effect after a trial period? I have been charged nearly $100 for 3 months running for a service that I was not notified before the billing began, nor have I received any invoices for the billing; nor is there any billing information or printable invoices from the membership site to which I took the trial offer...

Can Internet marketing programs force you to select a specific hosting company?

Posted on June 24, 2008
Dear Sir or Madam, I recently joined an Internet marketing program which included website design and hosting. The first step towards setting up my system was to assign the web design and hosting to a specific company (I did not read such a term before buing the program)...

How can I get my money back from an online vendor that does not comply?

Posted on June 24, 2008
Hi, I paid for some items from Indonesia via IMT. However, since making the payment I haven't heard from the supplier nor have I received the products. The company has a website SOPO TOYS and it is also advertised on one of the trading sites ECVV. What can I do to retrieve my money and have this company removed from online? Kind Regards Claire Skoda

I bought some software online but did not fit my purpose, can I get a refund?

Posted on June 24, 2008
hi, i bought a software license online from a US company. This was about two weeks ago. After initial development attempts using the software it has become clear that the software isn't fit for purpose and we have asked the vendor for a refund. They refuse saying that we should have used their free trial version to trial the software...

Unlawful Advertising Law in Spain

Posted on June 23, 2008
Traditional advertising rules gained relevance in the online commercial world. Greater advertisement exposure and especial government enforcement units are some of the reasons that prompted assessment of advertising rules when advertising online...

Privacy in Employer-Provided Text Messaging Equipment

Posted on June 22, 2008
Recently, the United States (US) Ninth Circuit Court of Appeals addressed two important legal questions regarding text messaging in employer-provided pagers. First, the court decided whether Arch Wireless Operating Company Inc., a company providing text messaging services for the Ontario Police Department, violated the Stored Communications Act, 18 U...

EU Directive on Privacy and Electronic Communications: Individuals Standing in Actions for Annulment

Posted on June 18, 2008
The European Union (EU) Directive 2002/58/EC of the European Parliament is the community law concerning the processing of data and protection of privacy in electronic communications. As any other EU Directive, Member states must incorporate Directives' precepts within their domestic legislation...

Does IMBRA Exclusively Regulate Online Dating Sites and Protect Online-Dating U.S. Citizen Brides?

Posted on June 17, 2008
The International Marriage Broker Regulation Act of 2005 (IMBRA) does not 'exclusively' regulate online dating sites (or online marriage brokers) and is not intended to protect online-dating U.S. citizen brides. Indeed as its name suggests, IMBRA imposes law requirements on 'international marriage' brokers and intents to protect 'immigrant women' that may become victims of domestic abuse...

Is there internet freedom of speech in South Africa?

Posted on June 17, 2008
How do we solve a language issue on a internet poker site called silversands which doesnt allow us to speak afrikaans which is 1 of languages that is recognize in our constitution. if we do speak afrikaans they disable our chat for a period of 72hours...

Electronic Signatures in U.K.

Posted on June 16, 2008
Electronic signatures are definitely an essential component of e-commerce contracts. Even though most countries have adopted the UNCITRAL Model Law on E-commerce which includes a definition of e-signatures, there are some variations to this Model Law that are worth to explore when celebrating e-contracts with multiple jurisdictions...

New Rule Provisions for the U.S. CAN-SPAM Act

Posted on June 15, 2008
On May 12, 2008, the U.S. Federal Trade Commission (FTC) approved new rule provisions that clarify the CAN-SPAM requirements and considered 3 years of public comments. The new rule provisions were already published in the U.S. Federal Register and will become effective 45 days after their publication...

European Approach to Privacy in the Workplace

Posted on June 11, 2008
The employees' right to privacy in Europe is ingrained in their culture and it has evolved as a human right since the French revolution, which created new employment rights in Europe and various countries in the world. The Council of Europe is one of the European highest authorities on human rights...

Judgments can be Signed Electronically in Arizona

Posted on June 10, 2008
Technology is gearing court proceedings in the United States; attorneys may now electronically submit motions and briefs and review files; electronic evidence is gaining preponderance during discovery; and now, judgments may be signed electronically. In an original 2007 case, the Supreme Court of Arizona held that judgments may be signed electronically in Arizona...

Auction Websites and the Sale of Prescription Drugs

Posted on June 09, 2008
The United States (US) Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) are the government agencies regulating and controlling the sale of prescription drugs in the US. US online sites illegally dispensing prescription drugs may face liability and be the subject of lawsuits filed by any of these agencies, specially the FTC...

Basics of Copyrights Laws in France

Posted on June 09, 2008
Copyrights in France are regulated by the French Intellectual Property Code and related international agreements. For instance, France is signatory to the Berne Convention for the Protection of Literary and Artistic Works, the Universal Copyright Convention of Geneva, and WIPO Copyright treaty...

Are there consumer protection laws for online agreements?

Posted on June 05, 2008
I recently signed June 1 an online faxed agreement with a company for creating online event services. On June 3rd I realized this was incompatible with my business goals and declined training. I took one class that could not access me by voice through phone and online training...

What are the Australian Laws on E-Checks?

Posted on June 05, 2008
My name is Monnapha. Now, I taking a course of master of Law (LL.M.) and writing a thesis about electronic check (eCheck or echeque). I would like to know what country using echeck. I search on internet and know Australia using it. Do I misunderstand? If I don't misunderstand, please tell me the overview of echeck in Australia and what the law name it is subject to...

Google Street View now in Europe, Raising Privacy Concerns

Posted on June 04, 2008
Google's street view feature started by taking satellite pictures of some United States streets and making them available for users looking for street information or a specific place of interest. Now, Google Street view feature is going to Europe! Google is currently setting its technology to implement Google street view in the other part of the globe...

Do Outsourcing Companies Constitute Permanent Establishment in India?

Posted on June 03, 2008
Recently, the Supreme Court of India ruled on the issue of whether foreign companies with business process outsourcing companies in India were deemed to have permanent establishment for taxation purposes. European and United States companies are increasingly opting for business process outsourcing companies (BPO) in India...

Is an E-mail Agreement to Arbitrate Enforceable under the Federal Arbitration Act?

Posted on June 02, 2008
The United States ("US') Federal Arbitration Act ("FAA") (9 USCS � 2) requires that an agreement to arbitrate must be in writing. Additionally, the US Electronic Signatures in Global and National Commerce Act ("E-sing Act") confers legal validity to electronic signatures in the US...

Cyber-translators are Facing Legal Actions in Spain

Posted on June 01, 2008
The Spanish Anti Piracy Federation ("FAP") demanded the operator of a website to shut it down because FAP claims it violates Spanish Copyright laws. The website offers subtitles for movies and television shows that have been translated from, mostly, English original versions...

Is it illegal to sell lottery tickets online?

Posted on June 01, 2008
Dear sirs, is it illegal to sell lottery tickets online (via website and worldwide)?I mean if someone create a website and people from all over the world buy lottery tickets. Thanks Please give me some resources ,who shall i ask for internet law? Harris

Interactive Websites and the Issue of Liability

Posted on May 28, 2008
Interactive websites are the new way to get information and participate in developing information. Internet users not only surf the web looking for the desired information but they are now participating in the development of that information either by providing comments, or uploading or sharing data (e...

I am starting a dating/matchmaking site, do I face any liability?

Posted on May 27, 2008
Hello, I am considering starting a dating/matchmaking website. My question is related to any liability that may be encountered. I would like to know if there is a specific type of insurance that could be obtained to protect myself if need be. I do not believe that a general liability would be of use and uncertain about a cyber liability policy...

Lithuania's Electronic Signatures and Certification Authorities.

Posted on May 27, 2008
Lithuania, with a population of about 3,369,600 inhabitants and a per-capita GDP of $14,273, this relatively young democracy is an activate player of e-commerce. Lithuania declared its independence from the Soviet Union in 1990 and in 2004 it became part of the European Union ("EU")...

Consumer Liability for Unauthorized e-Fund Transfers

Posted on May 21, 2008
The Electronic Fund Transfer Act ("EFTA") is the framework for the electronic fund transfer system in the United States ("US"). EFTA establishes the rights, liabilities, and responsibilities of the parties to this e-system. As EFTA � 1693 notes, the primary objective of this Act is the provision of individual consumer rights...

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