 | INTERNET LAW - Intellectual Property Rights in Argentina |
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| | IBLS Editorial Department
Tuesday, July 28, 2009
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| | 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). [More...] |
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| INTERNET LAW - Bolivia's New Consumer Law |
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| | C.R. & F. Rojas, www.rojas-lawfirm.com
Tuesday, May 12, 2009
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| | Bolivia, for the first time, has a consumer rights law. Supreme Decree No. 0065 of April 3, 2009, regulates users' and consumer's rights for the first time in Bolivian legislation. The Decree stipulates and determines users' and consumer's rights, the competent authority to resolve consumer conflicts, and the proceedings for consumer or user complaints. [More...] |
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| INTERNET LAW - India and Chile Cooperating under a Preferential Trade Agreement |
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| | IBLS Editorial Department
Monday, April 27, 2009
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| | 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. 101/2007-Customs dt. 11/09/2007. The Chilean Parliament approved the PTA in April 2007 and its implementing Decree was issued on August 16, 2007. Thus, this agreement that promotes economic cooperation between an Asian and a Latin American economic leader is fully in force. Following there is a synopsis of the India-Chile PTA.
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| INTERNET LAW - Offenses related to Computer Crimes and the Protection of Information and Data |
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| | IBLS Legal Contributor: Isabella Gandini, Andrés Isaza, Alejandro Delgado, Parra, Rodriguez & Cavalier, Alejandro.Delgado@prc-laws.com
Wednesday, April 22, 2009
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| | On January 5, 2009, Colombia's Congress enacted Act 1273 that amends the Criminal Code and creates a new legally protected interest called information and data protection. The Act 1273 also extended protection to systems that use information technologies and communications. Act 1273 of 2009 concretely created new criminal offenses related to computer crimes and the protection of information and data, with imprisonment penalties up to 120 months and fines up to $1,500 minimum statutory monthly wages [1].
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| INTERNET LAW - The U.S.-Peru Trade Promotional Agreement and its Implication for E-commerce |
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| | Martha L. Arias, IBLS Director
Wednesday, November 12, 2008
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| | 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.S. exports of consumer and industrial goods to Peru will be duty-free immediately upon entry into force. The US/Peru TPA was signed on April 12, 2006. The U.S. House of Representatives ratified it on November 2, 2007, and the U.S. Senate on December 2007. Ratification by the Peruvian Congress was completed on June 28, 2006. Peru implemented this FTA through Legislative Decree No. 1075, on June 28, 2008. The agreement is expected to enter into force in January 2009. Several aspects of the US/Peru TPA such as intellectual property, telecommunications, customs duties, and digital age, are of particular relevance for e-commerce transactions. [More...] |
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| INTERNET LAW - Brazil's Self-Regulatory Code for Internet Service Providers |
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| | Martha L. Arias, IBLS Director
Wednesday, November 05, 2008
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| | 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 190,132.630 inhabitants) but also one of the biggest economies in this region (9th in the world in terms of purchase power). These facts make it attractive for foreign ISPs in search of Latin American markets. In addition to administrative and regulatory rules, ISPs in Brazil may submit to the self-regulations of the Brazilian ISPs' Code - Código De Auto-Regulamentação De Operadores De Rede E De Serviços Internet.-
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| INTERNET LAW - Protection of Electronic Commerce in the new 'Law for the Defense of Persons in Accessing Goods and Services' |
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| | IBLS Contributor: Leopoldo Brandt Graterol, Araque Reyna Sosa Viso Pittier, Venezuela, lbrandt@araquereyna.com
Wednesday, November 05, 2008
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| | 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. the law applies not only to transactions between supplier and consumer and/or user (B2C) but also among suppliers (B2B), and provides a detailed list of additional activities to be covered, such as banking and insurance activities. The new scope, including B2B operations, replaced a de-facto situation where a large number of commercial operations (typically banks and oil industry suppliers) were being made throughout the years, and, besides contractual rights, no other protection was mentioned in the law for said transactions. The global trend has been to extend protection and grant same guarantees to suppliers as the ones given to regular consumers.
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| INTERNET LAW - Data Protection in Colombia |
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| | Martha L. Arias, IBLS Director
Monday, September 29, 2008
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| | On May 2008, the Colombian Telecommunication Commission -Comisión de Regulación de Telecomunicaciones- offered a synopsis about current Colombian data protection regulations and pending legislation on this issue. The Colombian Constitution and various national decrees and resolutions are currently applied to the protection of personal data, or "habeas data" as most Latin American countries refer to this topic. Additionally, two important bills on data protection are pending approval in the Colombian Congress.
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| INTERNET LAW - Protection of Personal Data in Chile |
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| | Martha L. Arias, IBLS Director
Wednesday, September 24, 2008
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| | Protection of Personal Data in Chile is regulated by Law No.19628 (1999) [Protection de la Vida Privada], and its most recent update Law No. 19812 (2002). Law No. 19628 (Data Protection Law) protects individual's personal data and all data found in commercial, financial, banking and criminal records. It is a crime to destroy, disable, intercept, or interfere with databases, and illegally access, destroy or change information contained in these databases. Additionally, the law forbids the malicious disclosure or publication of data contained in information systems. Following there is a summary of Chile's Data Protection law.
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| INTERNET LAW - Tuning In to Combating Music Piracy in Chile |
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| | IBLS Contributor: Juan Cristóbal Guzmán, Esq., Albagli Zaliasnik Chile, www.az.cl
Wednesday, August 27, 2008
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| | In Chile, over 400 million songs are downloaded unlawfully every year. Piracy has consumed 50 percent of the music market, as reported by the International Intellectual Property Alliance (IIPA).[1] A combination of internet piracy, unlawful reproduction of CDs and DVDs, and the growing presence of street vendors eager to make a profit from the sale of pirated music have contributed to significant losses in the sound recordings and musical composition industries.[2] The IIPA reported that, in 2007, the loss amounted to 29.6 million dollars.
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| INTERNET LAW - OECD Urges Argentina to Improve Capacity to Enforce the Anti-Bribery Convention |
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| | Organization of Economic Co-operation and Development, www.oecd.com
Monday, July 28, 2008
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| | Argentina should promptly establish effective liability and sanctions for companies for the offence of foreign bribery and significantly improve its capacity to investigate and prosecute the offence, according to a new report by the OECD Working Group on Bribery.
The 37-country OECD Working Group on Bribery has just completed its Phase 2 review of Argentina's implementation of the Convention on Combating the Bribery of Foreign Public Officials in International Business Transactions. While the Working Group notes that Argentina has engaged in significant efforts to implement the Convention, it is seriously concerned that there is still no liability of companies for bribery in Argentina despite the clear requirements of the Convention and the Working Group"s recommendation in Phase 1.
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| INTERNET LAW - Argentina Modifies its Criminal Code to Include Information Technology Crimes |
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| | IBLS Editorial Department
Monday, July 07, 2008
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| | 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. The new law will become part of Argentinean Criminal Code. [More...] |
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| INTERNET LAW - First Certification Authority in Venezuela |
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| | Leopoldo Brandt Graterol, Araque Reyna Sosa Viso Pittier, Venezuela
Monday, June 02, 2008
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| | Venezuelan Certification Authority Superintendency (SUSCERTE) credited and certified the First Certification Authority in Venezuela, PROCERT.
The Superintendency of Electronic Certification Services (SUSCERTE) recently approved the Company "Proveedor de Certificados, PROCERT, C.A.” as the first Company in Venezuela officially authorized to provide electronic certification services as established by the Venezuelan Electronic Signature and data Messages Law. [More...] |
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| INTERNET LAW - The Argentine Securities Commission Fosters Corporate Governance Regulations |
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| | IBLS Contributor: Carlos E. Alfaro, Alfaro Abogados Argentina, www.alfarolaw.com
Wednesday, April 02, 2008
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| | 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.
In this context, the Argentine Government has recently issued a set of non-mandatory corporate governance recommendations for companies that offer securities to the public (“Public Companies”), to further improve the corporate governance legal framework. On October, 2007, the Argentine Securities Commission (Comisión Nacional de Valores “C.N.V.”) issued a resolution approving recommendations listed by such resolution as the minimum contents that these companies could include when issuing their own internal Corporate Governance Code.
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| INTERNET LAW - How to Register Software Products in Colombia |
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| | IBLS Editorial Department
Thursday, February 21, 2008
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| | It is advisable that software producers register their products before the intellectual property office of both their domestic countries and those foreign countries where they are introducing their copyright-protected works. Registration of software in domestic intellectual property office is usually free of charge but a specific process must be followed. Once the software is registered before the appropriate office, it enjoys copyright protection under the current laws and international agreements to which that country is signatory .This article informs on how to register software in Colombia.
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| INTERNET LAW - Colombia Cross-border Distribution Activities |
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| | IBLS Contributor: By Laura Cecilia Ramírez Bogota, Colombia
Wednesday, December 12, 2007
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| | Non-domiciled entities are subject to income tax on their Colombian-source income, which originates in the exploitation of tangible and intangible goods within Colombian territory; in the transfer of assets that are located in our country when the transfer takes place; and in the provision of services within Colombian territory.
(ii) As a rule, considerations paid for activities performed in Colombia by foreign non-domiciled entities are subject a 34% (FY 2007) (33% (FY2008 and following years) income tax withholding.Non-domiciled foreign entities are not required to file income tax returns in Colombia, provided that their Colombian-source income was entirely subject to the tax withholdings described in articles 407 to 411 of the Tax Code (i.e., income derived fromdividends, financial earnings, fees, royalties, leases, technical assistance, technical services, and exploitation of intangibles and software).
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| INTERNET LAW - IP Telephony, the Internet, and Brazil |
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| | H.E. Ambassador Oscar Lorenzo Fernandez, Secretary for Industrial Technology, Ministry of Development, Industry and Commerce, Brazil
Wednesday, September 12, 2007
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| | IP Telephony raises a series of important regulatory, economic and practical questions of concern to all involved. The handling of these questions will have enormous consequences for IP telephony and traditional telephone network operators. Competition from IP telephony threatens existing telephone companies. They feel that, despite their heavy infrastructure investments, they will be reduced to mere renters of capacity for IP telephony unless allowed to provide value added services.
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| INTERNET LAW - The Enlarged Meeting of the Andean Council of Foreign Ministers and the Commission of the Andean Community |
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| | The Andean Community, www.comunidadandina.org
Wednesday, August 15, 2007
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| | The Andean Community recognizes the existence of different levels of development and economic approaches among the Member Countries, which shall be taken into account in the joint negotiation of an Association Agreement between the Andean Community and the European Union and of the right to express the differences and to negotiate different levels of coverage and depth, as the case may be, of the subjects and commitments of that Agreement.
The existing asymmetries between the Andean Community and the European Union and within the Andean Community shall be recognized and reflected in the commitments assumed by the Parties, while ensuring Special and Differentiated Treatment for Bolivia and Ecuador.
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| INTERNET LAW - The Enlarged Meeting of the Andean Council of Foreign Ministers and the Commission of the Andean Community |
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| | Andean Community, www.comunidadandina.org
Monday, July 23, 2007
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| | The main objective of the Association Agreement between the Andean Community and the European Union should be to improve the quality of life of the citizens of both integration systems, in a search for comprehensive, fair, supportive and complementary development that will reinforce the regional integration processes. Following a brief text of the Andean Community Decision 667. [More...] |
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| INTERNET LAW - The Argentine Government launches key regulation towards the implementation of the Digital Signature[1]. |
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| | IBLS Contributor: Agustin Marra, Alfaro Abogados Argentina, www.alfarolaw.com
Monday, April 02, 2007
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| | On February 12, 2007, the Argentine Executive Power has enacted the Decision Nº 6/2007 containing important regulations for the implementation of the Digital Signature and of the so called "Public-Key Infrastructure” (“PKI[2]”) or “Digital Signature Infrastructure” in the country. By PKI it is understood the legal framework, economic resources, software, hardware, data bases, networks, etc., necessary to implement the digital signature.
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