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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

Washington State Streamlined Internet Sales Tax of 2008

Posted on May 20, 2008
Washington State Gov. Chris Gregoire has signed into law Senate Bill 5089, the Streamlined Sales and Use Tax Agreement (SSUTA) bill, a measure encouraging Internet and catalog businesses to gather and remit the state sales taxes on purchases by Washington residents...

Japan's Protection of Computer Programs

Posted on May 20, 2008
Even though copyright laws were not developed envisioning protection of computer programs, the world's tendency to provide copyright protection to computer programs is growing. According to the Berne Convention for the Protection of Literary and Artistic works and the Universal Copyright Convention, once a country provides copyrights protection to domestically-developed computer programs, it must afford the same protection to computer programs developed by foreign persons from countries signatories to these international agreements...

What are the tax implication of an e-commerce business in Nevada?

Posted on May 18, 2008
We are planning to have an E-Commerce Business and was wondering what the tax application would be as well as incorporating in Nevada. We are presently in Illinois. Thank you Jackie

New U.K. Extreme Obscenity Ban Passed

Posted on May 18, 2008
A new law criminalizing possession of extremely graphic images has been passed in U.K. as part of the latest Criminal Justice and Immigration Bill, and conviction by the statute will be punishable by up to three years in jail, according to the U.K. Ministry of Justice...

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Threats Sent via E-mail Constitute a Federal Crime

Posted on May 18, 2008
Electronic communications, in particular e-mails, have become a valuable working and social tool in the XXI century. Unfortunately, given its immediate delivery and disguised anonymity, some conflicted souls are increasingly using e-mails to transmit hateful messages...

Could you share your experiences and information regarding the regulations for export and import through e-commerce?

Posted on May 16, 2008
A working group on e-commerce was established to guide the public authorities adjust the legislation especially regarding the foreign trade in Turkey. Our purpose is to review legislation related to exports and imports through e-commerce, to facilitate the practices in customs relating to electronic commerce and to foster cross-border trade conducted on the internet...

Do Internet Licenses Constitute a 'Possession' under Art. 1 of the EU Convention on Human Rights?

Posted on May 14, 2008
Yes, according to a recent decision by the European Court on Human Rights, Internet licenses constitute 'a possession' under the meaning of article 1 of the European Union ("EU") Convention on Human Rights. This decision was rendered on April 8th, 2008, when the Government of Moldova arbitrarily invalidated 2 Internet licenses held by a Moldovan company- supposedly the biggest Internet company in that country...

Does the US CAN-SPAM Act Preempt Spam-Related State Regulations?

Posted on May 14, 2008
Decisions in several United States ("US") federal cases suggest that the US CAN-SPAM Act does not preempt spam-related state regulations. State universities and other government institutions across the US have implemented anti-spam policies and adopted spam-blocking systems...

Copyrighted Material v. University-Provided Digital Copies

Posted on May 12, 2008
This could be one of those IP-IT (Intellectual Property- Information Technology) land-marking cases in the United States ("US"): Oxford University Press, Cambridge University Press, and SAGE Publications, supported by the Association of American Publishers (hereafter "the Publishers"), have sued Georgia State University ("GSU") for copyright infringement...

The European Convention on Human Rights & Minors' Right to Privacy in UK

Posted on May 12, 2008
The Civil Division of a United Kingdom ("UK") 'Court of Appeal' decided on May 7th, 2008, that a complete trial must be conducted on the issue of right to privacy, under the EU Convention on Human Rights and Data Protection Act of 1998, for a minor whose photograph was published without parental authorization...

Can Expedite Discovery be Applied to Obtain Information from ISPs?

Posted on May 07, 2008
U.S. Federal Rule of Civil Procedure ("Fed. R. Civ. P.") 26(d) and (f) requires parties to a lawsuit to confer before any discovery can be conducted. Yet under precedent decisions, some previous to the enactment of Fed. R. Civ. P. 26, U.S. courts may conduct expedite discovery upon a showing of good cause...

NY Libel Terrorism Protection Act 2008

Posted on May 07, 2008
A new law has been enacted by the New York Congress and signed into law by Governor Paterson designed to protect American journalists and authors from foreign lawsuits that disregard First Amendment rights. New York State enacted the "Libel Terrorism Protection Act" (S...

Beijing Puts First-Ever Piracy Criminal in Jail

Posted on May 07, 2008
After promising for years to start cracking down on rampant piracy, a Chinese court has now handed down a one-year jail sentence to a Beijing man for selling fake DVDs. This marks the first time a person in the Capital has been convicted and sentenced to prison for the crime of theft of intellectual piracy, according to the Chinese Xinhua news agency...

Does US Patent Law have Extraterritorial Application?

Posted on May 05, 2008
The US Patent Act (title 35 U.S.C) is the legal framework for patent protection in the US. The US Patent Act � 101 defines what is patentable in the US: "Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefore?" Section 271 of the US Patent Act sets the requirements for a valid cause of action on patent infringement...

RECORD U.K. INTERNET LIBEL CASE YIELDS $200,000 AWARD

Posted on May 04, 2008
An executive in the British property sector has been awarded record Internet libel damages by a British court in one of the first-ever cases regarding online harassment by a business rival in the U.K. The recipient was Peter Walls 55, a social housing company chief executive at Gentoo Group...

New FTC ?Red Flag? Rules Mean Online Deals with Criminals Can Be Punished

Posted on April 30, 2008
According to new rules promulgated by the U.S. Federal Trade Commission (FTC), companies are now on the hook for their business dealings, even with customers on the Internet, should what they sell be used for criminal or terrorist activities. The punishments include six-figure fines and even jail time...

Online Payment Scams Growing in Europe According to EU Report

Posted on April 30, 2008
As the Internet increases in range and wealth of business opportunities, so do criminals up their efforts to develop more sophisticated and effective ways to scam online. Net credit card fraud is growing in Europe, according to an official European Commission report on the web sector, called ?Report on fraud regarding non cash means of payments in the EU: the implementation of the 2004-2007 EU Action Plan...

NATO Agrees to Create Cyber Defence Management Authority

Posted on April 30, 2008
The North Atlantic Treaty Organisation has finally gotten around to finalizing plans for fighting cyber-attacks against its members. It has committed to creating a cyber-defence command to shield allies against crippling online assaults on national infrastructures...

Between Einstein and Mueller's Plan, Will the FBI Monitor the Cyber-highways?

Posted on April 28, 2008
The current FBI Director, Robert Mueller, is suggesting an Internet surveillance plan that would allow the FBI to monitor Federal-government networks and private-sector networks. The plan was presented to the House of Representative Judiciary Committee last week and it seems to have the support from some U...

Internet Economy Surges Despite Global Slowdown

Posted on April 28, 2008
Despite repeated reports of bad economic news in many sectors, the Internet continues its global expansion, giving great comfort to those still trying to understand what a world marketplace with a dwindling oil supply will look like. While some segments of the U...

London Agreement Patents Law to be Enacted May 2008

Posted on April 28, 2008
?LONDON AGREEMENT? PATENTS LAW TO BE ENACTED MAY 2008 Getting patent coverage across Europe is set to get easier and cheaper on May 1, 2008 when a new protocol called the ?London Agreement? goes into affect. The London Agreement negotiations have been ongoing for some years, and the final details hammered out October 17th, 2000...

New US National Cyber Investigative Joint Task Force Will Be Led by FBI

Posted on April 23, 2008
Since 2007, the FBI has very quietly put together a cadre of professionals with U.S. intelligence and other agencies to help battle crime on the Internet to help identify and respond to cyber threats against the United States. The name of the group is the National Cyber Investigative Joint Task Force (NCIJTF), and the FBI has a number of persons training together at an unnamed location near Washington...

NJ SUPREME COURT SAYS SUBPOENA NEEDED FOR INTERNET RECORDS

Posted on April 23, 2008
The New Jersey Supreme Court has given a huge victory to Internet privacy advocates by ruling that the Government needs a valid subpoena before it can get private user information from an Internet Service Provider (?ISP?). The case was, State of New Jersey v...

Over a Million Viruses now Infect the Web, up 500%

Posted on April 23, 2008
According to premier IT security providers Symantec, the number of computer viruses in circulation has passed well-beyond one million for the first time, and shows no sign of abating anytime soon. Symantec claims over 700,000 new viruses were identified in 2007, an increase of almost 500% over the number identified last year...

New Bill Proposes Free Wireless Access Across U.S. Within Decade

Posted on April 21, 2008
A Bill recently introduced by two lawmakers, one a Silicon Valley Democrat in the U.S. Congress, seeks to make America one giant free wireless hotspot within a decade. The proposed law was written by Rep. Anna Eshoo, D-Calif., and Rep. Chris Cannon, R-Utah, two U...

EU Amendment of the Framework Decision on Combating Internet Terrorism, 18 April 2008

Posted on April 21, 2008
The EU formally agreed on April 18th in Brussels to an Amendment establishing for all 27 EU member states a standardized criminal definition for the crime of incitement of terrorism on the Internet.Legislation fighting terrorism is already in place, but did not specifically focus on the Internet...

Cyber Crimes Tool Kits for Sale on Internet with 70,000 Versions

Posted on April 21, 2008
Tech gear used for years by savvy cyber criminals has been mainstreamed and packaged for wide dispersion across the Internet at inexpensive price. These cyber crime tool kits make possible automated fraud, and the top hacking tools are now being sold for prices ranging from less than $100 up to $1,000...

11th Circ. Court Bans Trademarked Search Engine Metatags

Posted on April 16, 2008
The 11th Circuit Court of Georgia ruled using another's trademarks in meta tags infringes the Lanham Trademark Act, in the case North American Medical Corp. v. Axiom Worldwide, Inc., decided on April 7, 2008. The case was an appeal that reached the same conclusion and concerned ?physiotherapeutic spinal devices,? which North American Medical Corp...

Phorm Warned by British Govt. Over Webwise Ad System, Must Use Opt-In Scheme

Posted on April 16, 2008
A firestorm has erupted over the Phorm company's highly sophisticated and invasive Webwise ad selling system that actually intrudes into the user's personal web history to better link sellers with the supposed likes of net surfers. Analysts and security experts had pointed out the company's study of online user habits may well break the English Fraud Act 2006 and/or the Computer Misuse Act 1990, because it ignored privacy concerns...

The Burdensome Costs of Customer Justice

Posted on April 16, 2008
Providing timely, reassuring and comprehensive customer service has been an axiom of good business for as long as people have been doing business. The inability of a business to provide competent, secure customer service is damaging to more than just revenues...

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