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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

The Hague Evidence Convention

Posted on December 08, 2008
The Internet may be the force that revives international law, for those who have always considered that international law lacks dynamism. An interesting international convention, that may eventually be relevant for Internet disputes, is the Convention on Taking Evidence Abroad on Civil or Commercial Matters (CTEA), also known as the Hague Evidence Convention...

Online Censorship in Thailand

Posted on December 08, 2008
Thailand has a long history of government- authorized censorship. The 2007 Constitution of the Kingdom of Thailand and the 1997 Constitution guarantee freedom of speech with the proviso that censorship may be imposed in certain circumstances. Additionally, Thailand's Computer-Related Crimes Act, which was introduced by the military junta, imposes some limitations by penalizing a range of computer-related speeches...

Internet Advertisers Versus The Tax Collector

Posted on December 08, 2008
It's not that the Internet is all we think about, but a tax law adopted by New York this spring ? and now being challenged in court ? could have major implications for the issue of who may be held responsible to pay state taxes for on online sales. And when it comes to taxes, surprises are hardly ever good news...

India and Chile Cooperating under a Preferential Trade Agreement

Posted on December 08, 2008
India and Chile signed a Preferential Trade Agreement (PTA) in 2005 as the initial step towards a potential Free Trade Agreement between these two nations. India's Cabinet approved the PTA on February 23, 2006, and came into force by Custom Notification No...

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Access Everywhere-Secure Nowhere? EU-Agency ENISA Launches Position Paper on Mobile eID Security Issues

Posted on November 24, 2008
Mobile eID-for better or for worse? Your mobile is fast becoming your new PC, wallet, identity card, but is it secure? The EU Agency ENISA (the European Network and Information Security Agency) launches a Position Paper on authentication issues for mobile eID, with 11 security threats and 7 key conclusions to enhance security...

Identity Theft from Wireless Networks

Posted on November 24, 2008
Identity theft is the unauthorized use of an individual's personal information, such as a social security number or bank accounts, for fraudulent purposes or to commit a crime. While the usual form of identity theft refers to the unauthorized use of personal information obtained from databases, another form has evolved; this form uses sophisticated hacking techniques over wireless networks to acquire the necessary private information...

Buffer Copies do not Violate Copyright Law

Posted on November 19, 2008
Courts have considered whether the copying of a program from a disk drive into RAM for its execution constitutes a reproduction of that work, which is the first of the exclusive rights in copyright. An appellate court in the U.S. held that fleeting, transitory copies like the so-called "buffer copies" do not render someone liable for copyright infringement...

Choice of Law and Arbitration Clauses in E-commerce Agreements

Posted on November 19, 2008
Laws applicable to e-commerce transactions may be spread among several areas of law, e.i., criminal, contract, evidence, advertisement law, etc. A very interesting case applying the U.S. Federal Arbitration Act (FAA) to a franchise agreement and e-commerce dealer agreement exemplifies this statement...

Hong Kong Property Stamping System

Posted on November 17, 2008
Hong Kong, one of the first two countries in the world to offer e-stamping for property transfer documents, has now reorganized its electronic stamping bureau after 4 years of effective service. The Inland Revenue Department launched the E-Stamping service for tenancy agreements, sale agreements, and assignments of landed properties...

The CAN-SPAM Act of 2003: Federal Law vs. State Law

Posted on November 17, 2008
The CAN-SPAM Act of 2003 (officially titled "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003") was introduced by the U.S. Congress to address the issue of unsolicited commercial electronic mail, including those from dating sites and adult content businesses...

Asean Free Trade Agreement and its Relevance for E-commerce

Posted on November 12, 2008
The Asean Free Trade Agreement -AFTA, definitely plays a significant role in the development of e-commerce among ASEAN nations. ASEAN is the Association of Southeast Nations, with 10 member states and an estimated population of 575.5 million. ASEAN members are Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Vietnam; this regional economic group presented a GDP of US$ 3,431...

Consumers' Rights under the U.S. Electronic Fund Transfers Act

Posted on November 12, 2008
Even though it is difficult to believe it nowadays, especially under the current mortgage crisis, U.S. consumers have rights under the Electronic Fund Transfers Act- EFTA. Title 15 of the United States Code (U.S.C.S) is the basic framework for consumer protection in the electronic fund transfers system...

Are Revenues from Foreign Eduation Programs Subject to 35% Withholding Tax?

Posted on November 10, 2008
We are working on a partnership with a Chile school whereby we would provide our US degree programs to them for use by their students. We would share in the tuition revenue and be reimbursed for direct costs. Our partner is telling us that all payments to us are subject to 35% withholding tax...

Counterfeiters beware! Court of Appeal rules on criminal provisions of the Trade Marks Act

Posted on November 10, 2008
OverviewA recent decision of the Court of Appeal of the Supreme Court of Victoria will bring good news to owners and licensees of trade marks in Australia, particularly trade marks that are well known and often targeted by counterfeiters.1 The decision has clarified the tests to be applied in determining whether there has been a contravention of the criminal offence provisions of the Trade Marks Act 1995 (Cth) (Act)...

The U.S.-Peru Trade Promotional Agreement and its implication for E-commerce

Posted on November 10, 2008
The objective of the United States-Peru Trade Promotion Agreement (US/Peru TPA) is to promote trade and economic growth, eliminate some trade barriers between these two countries, and promote private investment in and between U.S. and Peru. 80 percent of U...

The European Recently-Approved One-Stop-Shop Scheme for VAT Compliance

Posted on November 05, 2008
On November 1, 2008, the European Parliament approved a "one-stop-shop" scheme for value added tax (VAT) compliance within the European Union (EU). This scheme simplifies VAT obligations for EU traders, especially in cross-border transactions. Traders who are liable to pay VAT in several Member States will now have the option to choose a single place for VAT compliance; concretely, the Member State where they are located...

Hong Kong?s Regulation of Unsolicited Commercial Electronic Advertisement

Posted on November 05, 2008
Hong Kong's legislation well regulates the sending of unsolicited commercial electronic messages. In May 2007, Hong Kong enacted the Unsolicited Electronic Messages Ordinance (UEMO), to regulate all forms of commercial electronic messages sent with or to the "Hong Kong link" (...

In what way will the One-Stop-Shop System affect the EU internal market?

Posted on November 03, 2008
Dear Sirs We are 4 law students at J�nk�ping International Business School, Sweden, and are writing to you regarding the future legislation about the One-Stop-Shop Scheme. We hope that you, or someone else, could answer a few questions for us: 1. In what way will the One-stop-shop system affect the internal market in the EU? 2...

Brazil's Self-Regulatory Code for Internet Service Providers

Posted on November 03, 2008
According to the Brazilian Association of Internet Service Providers (ABRANET) there are currently more than 1,000 ISPs in Brazil. Yet, only 5 large companies hold 50 percent of the market share in terms of Internet users. Brazil is not only the largest and most populous country in South America (about 190,132...

Protection of Electronic Commerce in the new 'Law for the Defense of Persons in Accessing Goods and Services'

Posted on November 03, 2008
The recently enacted "Law for the Defense of Persons in Accessing Goods and Services" (May 27, 2008), redefines the legal framework for e-commerce operations in Venezuela, especially the issues regarding consumers, as the term is understood in this law...

I need to know about used cars warranties

Posted on October 31, 2008
I would like to get information on warrantys on secondhand cars and 4x4 trucks brought from a car sales yard Thank you, Angela Jones

Is this investment company legal?

Posted on October 31, 2008
I found a job opening at a company called "Morgan Investments Co." It's registered office is at 25 Cabot Square, Canary Wharf, London E14 4QA, United Kingdom, corporation #02144358, and registered in: United States, England and Wales. The website is www...

How do I tax? What do we tax? What do we Tax?

Posted on October 31, 2008
have tried to get an answer from IRS...ha...joke... We have started a new C Corporation and developed a website that has around 6 musicians and artist selling their products, along with drop-ship companies we have added. HOW DO I TAX? Do we tax? What do we tax? Thank You White Forest Enterprises

Eavesdropping Your Spouse's E-mails?

Posted on October 31, 2008
We may not need scientific data to prove that with the increasing use of the Internet, men and women have eavesdropped, or considered eavesdropping, their spouse's e-mails. Eavesdropping spouses' e-mails may constitute a crime under both federal and state law but careful factual analysis is required...

In Pennsylvania, Computer-Generated Animation is Admitted as Demonstrative Evidence

Posted on October 27, 2008
Technology has reached court rooms in the United States. In addition to courts' use of iPods to conveniently condensed records to be examined by the parties, U.S. prosecutors are using computer-generated animation (CGA) to illustrate their theories against defendants...

Evidentiary Songs Played by iPods

Posted on October 22, 2008
Some months ago we reported on the use of iPods as an educational tool, and provided information on schools and universities that have incorporated this technology for the benefit of their students. Our report today involves a more complex use of iPods; iPods used by investigators to collect evidence and by defense attorneys...

Overview of Data Protection Laws in Lithuania

Posted on October 22, 2008
Data protection should be a major concern for individuals, especially, Internet users. No matter the type of business dealings -online or offline, - individuals must know whether their private information is legally protected. Like most European Union (EU) countries, Lithuania has updated its legislation to protect individuals' private information...

The Qualifying Immunity Doctrine in Internet Video Enforcement Cases

Posted on October 20, 2008
Internet videos are a new form of expression used by all sectors of society including, government officials, corporations, and individuals. In the United States (U.S.), Internet videos from individuals, thought, are becoming a challenge for enforcement authorities trying to balance public safety vs...

?HOBBIT? Domain Names are Reclaimed by Tolkein Enterprises

Posted on October 15, 2008
In a number of decisions issued by the WIPO Arbitration and Mediation Center, parties who registered domain names that contained the word "hobbit" were required to relinquish their ownership of these registered domain names in favor of the company operating as Tolkein Enterprises...

Personal Data in a Website may Violate the EU Data Protection Directive

Posted on October 14, 2008
The European Union (EU) Data Protection Directive 95/46/EC (DPD), article 3(1), states that this Directive applies to the processing of person al data wholly or partly by automatic means, and to other form of processing of personal data that forms- or intends to form- part of a filing system...

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