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Intellectual Property Law

IBLS Internet Law Blog IBLS Internet Law Blog

Covers global Internet and E-Commerce.

Post Frequency: 5.8/day

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

Recent Entries: 467

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Attorney Fraud?

Posted on August 26, 2009
My employer provides me with a computer for my home to work one of my 5 work days from my home. I also use the computer for personal use. Here is my problem. My husband and I are in a nasty divorce, with my husband still living in the same household...


Envisioned Effects of E-Commerce in the European Union?s Single Market- Part II

Posted on August 23, 2009
This is the second part of this article.  In part I, an introduction and the first two categories of effects of e-commerce in the European Union?s single market were presented as envisioned by the Economic and Social Committee of the European Community Commission in 2001...


Non-Delivery of Prepaid Equipment

Posted on August 19, 2009
Dear sirs I´m researcher and I've bought an equipment TURBOVAP to LABCENTRAAL, Nederland. I paid in advance 4,600 euros (in April 2009) but I did not receive the equipment and they did not answer email, phone,etc. Could you please help ?Faculty of Engineering PortoFirst Name: ArmindaLast Name: AlvesPhone: Email: aalves@fe...


United States Discovery Rules v. Foreign Data Protection Laws

Posted on August 18, 2009
Under the United States (U.S.) Federal Rules of Civil Procedure (FRCP) a federal court, and states courts, may compel discovery of certain documents.  Hence, may a court order discovery of documents found in a foreign country and protected under foreign data protection laws?  It may, first, be said that this would be an extraterritorial application of U...


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Envisioned Effects of E-Commerce in the European Union?s Single Market

Posted on August 16, 2009
The Economic and Social Committee of the European Community Commission envisioned the effects of e-commerce in the European single market in 2001. These envisioned effects are similar to those e-commerce has caused in most countries? markets. Reproducing them in this article is helpful to determine how accurate those predictions were back then and serves as example for those developing markets whose e-commerce is still at a developing stage and for other less-advanced economic regional groups...


Top Communication Complaints by United States Consumers in 2008

Posted on August 12, 2009
On May 2009, the United States (U.S.) Federal Communications Commission (FCC) released its report on the top subject areas for inquiries and complaints received by the Consumer and Governmental Affairs Bureau (Consumer Bureau) during the last quarter of 2008...


Online Credit Card Payments

Posted on August 10, 2009
Dear sir or madame, We plan to start a online-shop in the USA. Therefore I need some information about the legal requirements for websites and online-shops with credit card payment in the US. Which information needs to be published on website and the online-shop? Information about the company, about privacy, information about credit card payment...


Arbitration Clause and Internet Contracts of Adhesion

Posted on August 09, 2009
According to the Appellate Court of Illinois, an arbitration clause in Internet contracts is not necessarily unconscionable and is binding on the parties to the agreement. Yet, some requirements must be met. Arbitration is a common alternative dispute resolution mechanism for Internet contracts involving parties located in diverse jurisdictions and contracts to which several laws may apply, and this decision is extremely important for online retailers and their customers...


Pirated Games Played on the XBOX System

Posted on August 02, 2009
The XBOX system is currently one of the most popular video game systems in the market. Its popularity may be that it (1) contains excellent vivid graphics, (2) can be played by adults, and (3) allows games to be played live through the Internet so people all over the world can connect to play the same game...


Can EU Internet Service Providers Provide Information Regarding Copyright Infringers?

Posted on July 29, 2009
Databases recovered value with the imposition of the Internet. Nowadays, companies significantly invest in collecting, protecting, maintaining, and securing their databases.  It is also clear that privacy laws in the United States (U.S.) and the European Union (EU) protect personal identifiable information found in databases, and that Internet Service Providers (ISP), specifically, can only reveal this information to public authorities conducting criminal investigations or for national security purposes...


Intellectual Property Rights in Argentina

Posted on July 27, 2009
Argentina protects copyrights, patents, and trademarks; they are called industrial property rights. This article presents the laws regulating copyrights and trademarks and the basic concepts involved.  In addition to these laws, Argentina is signatory to the major treaties of the World Intellectual Property Organization (WIPO)...


Folk Medicine:A Vermont Doctor's Guide to Good Health

Posted on July 27, 2009
I am from Brazil. I'd like to know who is the real copyright holder of the book "Folk Medicine: A Vermont Doctor's Guide to Good Health " by Deforest Clinton Jarvis. I intend to translate and sell the book here in Brazil, that's why I would like to know the question above...


Is an IP Address Personal Information under Hong Kong Privacy Law?

Posted on July 22, 2009
Privacy laws protect personal individuals? identifiable information.  IP (Internet protocol) addresses itself are not considered personal information, although they may lead to other individuals? personal information such as address, telephone number, name and date of birth, among others...


Electronic Contracts

Posted on July 22, 2009
Am an importer based in Kenya and dealing with the importation of second hand clothes. I happened to meet a company based in USA through the internet and after several communication through e-mails and telephone calls, we decided to send 50% deposit for the packaging of the container, the other 50% was to be sent upon receiving the bill of landing...


Must Cable Companies Providing Internet Services Notify Subscribers of Personal Information Given to the Government in Criminal Investigations?

Posted on July 19, 2009
The United States 1984 Cable Act (CA) regulates provision of cable services.  At the time of its enactment, cable companies did not provide Internet services, as it is a common practice nowadays.  CA regulates cable and ?other services.? Whether Internet services rendered by cable companies are regulated by the CA is still a matter of debate, and opinions are split among United States district courts...


Japan?s Privacy Law

Posted on July 15, 2009
Corporate use of the Internet prompted governments? revision of privacy laws.  Nowadays, personal and sensitive information is stored in and handled through computers and intranet.    Thus, privacy law is added to the group of laws a corporation must comply with; and when those corporations network internationally, knowledge of foreign privacy laws becomes an imperative...


Privacy Law

Posted on July 14, 2009
I have some basic questions about disclosures specific to my site, as well as questions in regards to privacy laws in terms of photos. email is preffered. Thank You  E-Mail Address- dbrzeszcz@yahoo.com


Transmission of a Malicious Program under the Computer Fraud and Abuse Act and Circumstantial Evidence

Posted on July 13, 2009
  The Computer Fraud and Abuse Act- CFAC, 18 USC § 1030, regulates fraud and related activities in connection with computers.  This United States federal statute lists several criminal conducts committed through the use of a computer.  For instance, one of the criminal conducts the CFAC sanctions is the damage caused to a computer system through violation of programs or passwords...


Passing Off and Deceptive Advertising under Belgium Law

Posted on July 07, 2009
E-Commerce is bringing new meaning to advertising laws; governments are updating these laws and people are searching for them in their endeavor to expand businesses abroad.  Although most advertising laws have the same principles against deceptive and false advertising, some countries have particular rules not found in other jurisdictions...


Prohibition from Accessing the Internet as Defendant?s Condition of Supervised Release

Posted on July 05, 2009
Defendants in criminal proceedings are imposed conditions or restrictions when granted supervised release. Now with Internet crimes on the rise, United States (U.S.) courts are imposing the prohibition from accessing the Internet as condition of supervised release...


MOBILE PORNO, HOW TO PROTECT YOURSELF IN CYBERSPACE

Posted on July 01, 2009
MOBILE PORNO HOW TO PROTECT YOURSELF IN CYBERSPACE   Introduction Internet is a global connection of networks and, therefore, it is difficult to exercise control over the Internet. Yet, control is necessary. To exercise maximum control, it is important to take actions at three fronts simultaneously, 1...


Social Network Membership Subscription

Posted on July 01, 2009
Legal Issue:We manage an Internet Social Network service for a company in Belgrade, (Serbia). The service is a Social Network where we charge an annual membership fee to a user to use the social network. The strict definition of the payment is a "Membership Subscription" to the social network and could be a monthly or yearly subscription...


How do I set up a company in these countries

Posted on July 01, 2009
a saudi company located in saudi arabia need's the folwing · Setting up of Legal Entity in 9 countries as listed. (Business Nature : Commercial Services) · Legal Formalities To be handled and executed and complete registration process · Minimum Capital Requirement for Limited Liability Company · Representation - Sole or With Local Partner · Government Fee · Duration for Registration · Foreign Taxation & Zakath · Office Rental · Lawyers Fee Countries Proposed: · Indonesia · Egypt · Kuwait · Pakistan · Iran · Philippines · Yemen · Malaysia · Sri Lanka, Yasser 


Any rule against online racist comments?

Posted on July 01, 2009
I have a question. Are there any laws against someone making rude and racist comments on a public forum page?


EU E-Commerce Law

Posted on July 01, 2009
Hello, I am planning to start a new business on internet. My question is the following can you give me some advise on where to find or download a complete document of the internet ecommerce law in the european union? I consider that one of the first things I need to know is the legal threater of ecommerce in Europe to start this new adventure...


Behavioral Advertising in the United States

Posted on June 28, 2009
Despite its seeming anonymity, Internet use can be traced by government authorities and private companies. Online advertising companies, search engines, and, in general, those engaged on Internet advertising collect Internet users? searching data.  This is called behavioral advertising...


Ponzi Scheme on the Internet

Posted on June 24, 2009
  Ponzi schemes are flourishing in the world; as a manifestation of the inexhaustible money and power ambition that drives the 21st -century society.  It is difficult to assimilate how brilliant minds, such as those conducting these schemes, can infamously steal money from elderly, children's inheritance, and from those who have worked hard to save for retirement...


European Convention on Human Rights v. Privacy Violations and Data Held by Internet Service Providers

Posted on June 24, 2009
European Convention on Human Rights v. Privacy Violations and Data Held by Internet Service Providers   European citizens claiming violation of privacy have looked for legal remedy on articles 8 and 13 of the European Convention on Human Rights when their domestic legislation does not provide effective response to their claims...


IRS Proposed Rules to Substantiate Business Use of Employer-Provided Cell Phones

Posted on June 17, 2009
United States fast-paced business environment prompts employers to provide telecommunication devices to employees so they can achieve business' goals.  The Internal Revenue Code (IRC) allows employers to deduct expenses associated with business use of telecommunication devices, including cell phones...


ONLINE SHOPPING: AN OVERVIEW OF THE LEGAL PITFALLS FACING BUSINESS TO CONSUMER E-COMMERCE WITHIN THE CONTEXT OF THE SOUTH AFRICAN LAW

Posted on June 14, 2009
  1.         Introduction   Purchasing goods and/or services online is quick, convenient and allows the purchasing or selling of services and/or goods outside the borders of a country.[1] The online parties, especially the purchaser, generally known as the consumer,[2] is seldom concerned with the meaning of the term, 'e-commerce'[3] and the legal ramifications of online purchasing but is more interested in the advantages[4] of cyber shopping that can vary from purchasing a plane ticket to books or accommodation to software...


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