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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

U.S. Court Decides Emails Equal a Signature for Contracts

Posted on April 13, 2008
New York appellate court has ruled that e-mails were signed writings that modify contracts, in a April 1, 2008 ruling. The case was filed in October 1999, and related to the claim of breach-of-contract. The court wrote, "The e-mails from plaintiff constitute "signed writings" within the meaning of the statute of frauds, since plaintiff's name at the end of his e-mail signified his intent to authenticate the contents (see Rosenfeld v Zerneck, 4 Misc 3d 193 [2004])...

Does Phorm's 'Webwise' Online AD System Break U.K. Law?

Posted on April 13, 2008
Internet security expert Dr Richard Clayton, a noted analyst working at England's University of Cambridge claims that the Phorm company's new and highly sophisticated advertising system actually breaches the Regulation of Investigatory Powers Act of 2000...

March 2008 German High Court Ruling Limits Data & Piracy Tracking

Posted on April 13, 2008
German music companies who had turned to methods used by the American recording industry to track down music pirates have been stopped by a new court ruling. The Federal German Constitutional Court issued its decision in the case supported by the "Arbeitskreis Vorratsdatenspeicherung" (Working Group on Data Retention) and 34 000 people who signed against the data retention directive...

FBI: In 2007 Internet Crime Netted $240 Million

Posted on April 13, 2008
In 2007 there were over 200,000 claims of Internet-related crime reported to the FBI's Internet Crime Complaint Center (IC3), with 90,000 referred to U.S. law enforcement, which caused losses of almost$240 million, making an increase of $40 million in net losses over 2006...

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Special Rights and Privacy under the Sweden Electronic Communications Act

Posted on April 13, 2008
Sweden Electronic Communications Act 2003: 389 entered into force on July 25, 2003, and aimed to ensure that private individuals, legal entities, and public authorities have access to secure and efficient electronic communications in terms of price and quality...

Damages and Losses Under the Computer Fraud and Abuse Act

Posted on April 07, 2008
The United States (?US?) Computer Fraud and Abuse Act (?CFAA?), 18 U.S.C. Sec 1030 et. seq., is the US federal statutory law typifying illegal activities in connection with computers. The statute typifies as illegal intentional and unauthorized access to computers and data...

New British Law Targets Online Pedophiles & Social Networking Sites

Posted on April 06, 2008
English Home Secretary Jacqui Smith has announced a new law that would force convicted pedophiles to hand over their e-mail addresses to the police who will take these and send them to social networking sites for blacklisting. The law stipulates that if such a person is detected using such a site, or using an un-registered e-mail address, the convicted child sex offenders could receive up to five years in prison...

LAOS TRADEMARK LAW OF 1995

Posted on April 02, 2008
Originally unified as the ancient Lao kingdom of Lan Xang, which was established in the 1300's under King Fa Ngum, this lush Asian state is known now as Lao People's Democratic Republic (?PDR?), or simply Laos. Despite being a regional player for hundreds of years, the kingdom entered decline until it was finally mastered by Siam (Thailand...

California Database Security Breach Statute

Posted on April 01, 2008
Databases with customers' sensitive information became the target of identity thieves. Identity thieves discovered that by accessing relevant databases they have row material for months to come. Consequently, State legislators in the United States ("US") have placed some burden on database holders (companies or individuals) and demanded them to secure unencrypted information and notify customers of database breaches...

The Argentine Securities Commission Fosters Corporate Governance Regulations

Posted on March 31, 2008
In today?s global business world it is imperative for companies aspiring to improve their corporate rating and to achieve higher level of investments, to adopt good governance practices and transparency laws to protect investors. Recognizing the importance of these issues prepare the companies to compete in a level playing field with companies from other countries that foster these kinds of regulations...

Albania Copyright Law

Posted on March 31, 2008
Albania is a smaller state in southeastern Europe, bordering the Adriatic and Ionian Seas, directly across from Italy, and set between Greece in the south and Montenegro and Serbia in the north. The state is working to create a vibrant economy, in part, by embracing the world standard on Intellectual Property Rights (IPR) with some notable successes...

Distinctiveness of a Trademark under Taiwan Trademarks Law

Posted on March 31, 2008
Taiwan is an Asian Island of 35,801 Km2 (13,822.8 sq. mi.) and 23 million inhabitants. As part of the Republic of China, Taiwan is playing a major role in the international trade arena, especially in all related to the outsourcing and manufacturing sector...

Local Working of Patents in India

Posted on March 26, 2008
There is a requirement to file a statement of information (Form 27) regarding the working of a patent in India. The working of a patent means the commercial exploitation of the invention that is embodied in the patent. These statements can be supplied every financial calendar year, within three months of the end of each year...

Can the UN Convention on Contracts for the International Sale of Goods Be Applied to E-commerce Contracts?

Posted on March 25, 2008
Although the United Nations Convention on Contracts for the International Sale of Goods ("CISG") was enacted in 1980 when e-commerce was still a distant prospect, its precepts are applicable international law for e-commerce nowadays. E-commerce involves contracts for the international sale of goods, among others...

In Rem Jurisdiction in Anticybersquatting Cases: Good Solution against Foreign Cybersquatters

Posted on March 25, 2008
A recent decision by the United States District Court for the District of Virginia held it had 'In Rem Jurisdiction' over domain name registrants that were located in a foreign country and had been accused of Cyber squatting in Virginia. Even though this was not a contested case and the plaintiff was granted summary judgment, this decision is a great precedent on the interpretation of the US Anti-cybersquatting Act and US Courts" jurisdiction on foreign cybersquatters...

Detroit Hopes Online-Connected Autos Will Help Revive Lagging Sales

Posted on March 24, 2008
Having recently announced that they are planning to shut down their factories for two weeks in reaction to slumping automobile sales, Chrysler is now planning to offer a car that comes ready with Internet access. While details are sparse on the exact methods the company plans to use, it has announced that the users will have to have already existent Internet service to be able to use the new feature...

EU Blogs Becoming Prominent Players in Elections

Posted on March 24, 2008
While the Internet continues to increase in users and impact, blogs are making themselves felt in the politics of the European Union and will be an increasingly important player, as seen across the Atlantic in recent U.S. Elections. In a period when analysts and critics bemoan the lack of fresh ideas and genuine dialog in the West, the European blogosphere promises to bring a mass of previously voiceless political enthusiasts into the arena...

How to Register a Domain Name in Hong Kong

Posted on March 24, 2008
Hong Kong Domain Name Registration Company Limited (?HK DNR?) is the Hong Kong?s authority in charge of domain name registrations since 2001. HK DNR is under the control of the Hong Kong Internet Registration Corporation Limited which is the national registry and registrar for the registration and assignment of domain names in this country...

I have found your article on 'How can i protect my Company Domain name' very interesting

Posted on March 21, 2008
Dear IBLS, I have found your article on "How can i protect my Company Domain name" very interesting. May i publish your article on our website www.freshlemonmdeia.com as a service to our clients? You will see our website i have published an article on domain names and trade marks as we it is of increasing importance to recognise the value of domain names vs...

How May I protect My Company?s Domain Name?

Posted on March 19, 2008
Trademark based-Domain Names have become a precious corporate asset that both large and small companies are willing to protect against unauthorized use or abusive registration. Yet, protecting those domain names at an international level may prove costly and complicated...

Online Classifieds and their Liability under the U.S. Fair Housing Act

Posted on March 18, 2008
Internet law is definitely a 'legal melting pot.' Traditional statutes are now being applied to e-commerce models. For instance, the anti-discrimination clauses of the United States ("US") Fair Housing Act ("FHA") have been examined in the case of online classifieds companies like Craigslist...

Automatic Injunctions in Patent Cases must Conform to a Four-Prong Equitable Test.

Posted on March 17, 2008
eBay v. MercExchange seven-year-patent dispute is finally over. Ebay has bought two patents that MercExchange alleged it owned and for which MercExchange accused eBay of patent infringement. The financial terms of the settlement were not disclosed...

Taxation of Corporations in Japan

Posted on March 17, 2008
Asian economies are growing at exponential rate. Even though most of their expansion is caused by intensive international trade and banking services, e-commerce is getting momentum in the Asian economies nowadays. Japan, as one of the largest economies in Asia is attracting foreign investors and corporations that want to establish their quarters in this country and Japanese are expanding their business? ?nets abroad...

Denmark: the World?s E-Commerce Hub and Its Legal Framework

Posted on March 16, 2008
Denmark is one of the leading e-commerce users in the European Union (?EU?). In 2004, it ranked first in e-commerce among the EU Member States. An Economist Intelligence Unit report in 2006 considered Denmark the first best place in the world for e-commerce...

Tax Treatment of Landline and Wireless Internet Services Provided by Cooperatives under the U.S. Tax Code �501(c)(12)

Posted on March 12, 2008
There are several types of organizations exempted from tax under the Internal Revenue Code ("IRC") �501(c). For instance, cooperatives (organizations working for the mutual benefit of its members) are tax exempted under IRC �501(c)(12). Currently, Internet services in rural areas of the United States, it may be the case in other countries as well, are sometimes offered and financed by cooperatives...

UK?s Proposed Internet Anti-Piracy Rule for File-Sharing: Three Strikes and You Are Out

Posted on March 11, 2008
The British government has introduced an Internet Anti-Piracy rule that would require Internet Service Providers ("ISP") to suspend Internet services from those who engage in illegal downloading of copyrighted material and illegal file-sharing. The proposed rule is similar to a controversial bill presented in France in November 2007 against Internet piracy, and have received the same opposition from ISPs and digital right advocates...

Internet Pharmacies & Cross Border Mail Orders in the European Union

Posted on March 11, 2008
Various European Community laws are applicable to the issue of Internet pharmacies and their supply of medical products to buyers located in other Member States. For instance, the E-commerce Directive 2000/31/EC; the provisions of the Distance Sales Directive 97/7/EC; Directive 2001/83/EC regarding medicinal products for human use; Directive 92/28/EEC on advertising of medicinal products in the EU and currently part of the Community Code; and laws applicable to the free movement of goods throughout the Member States...

What are my odds?

Posted on March 10, 2008
If a lottery ticket states that the odds of winning are 1:4.21 and you purchase 8 tickets and none of the 8 are winners, is that not false and misleading advertising? David

Canada, England, and Netherlands: Example of E-consent Mechanisms for the U.S. Sensitive Health Data Project

Posted on March 10, 2008
The United States Department of Health and Human Services (?DHHS?) DHHS is engaged in a 10-year plan to develop a national electronic information infrastructure (?NHII?) that will provide authorized health professionals a national access to patients? information across US...

Tunisia Cyber-parks: An Example of E-government Projects

Posted on March 09, 2008
Tunisia is located in the Northern of Africa. This Mediterranean coastal country declared independence from France in 1956 and has steadily showed strong presence in the information and communication technology sector. In 2005, Tunisia ranked 31 among the 104 most advanced countries in the ICT sector...

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