 | 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 - 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 - 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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| INTERNET LAW - E-commerce and the Telecommunication Sector in Brazil |
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| | IBLS Editorial Staff
Monday, March 19, 2007
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| | According to the U.S. Department of Commerce, Brazil boasts the most advanced Internet and e-commerce industry in Latin America and the fifth largest telecom infrastructure worldwide.
This is due to privatization of Brazilian telecom services and associated advancements. between 1998 when the Brazilian telecom system was privatized, and the year 2000, telecom investments advanced an average of 1.36% GNP per year, a rate well above both Brazilian and Latin American historical levels. Thus, in record time the privatization of the Brazilian telecom system succeeded in revolutionizing the national communications industry, which in turn promoted national development of e-commerce.
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| INTERNET LAW - Argentinian Progress in Telecommunications and E-commerce |
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| | IBLS Editorial Staff
Wednesday, March 14, 2007
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| | The partial deregulation and privatization of telecommunications began in Argentina in the early 1990s. While Argentina has privatized some portions of its telecommunications sector, it has yet to make this sector fully competitive. Currently, Argentina provides Internet access over cable lines, and increased its business-grade Internet connections by 9.4 per cent in 2006. [More...] |
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| INTERNET LAW - Chile: a great e-commerce perspective |
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| | Martha L. Arias, LL.B., J.D., LL.M.
Thursday, March 08, 2007
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| | The Global Technology Forum published an article in March 2006, assessing the development of E-commerce in Chile. The article declares that Chile presents an advantageous scenario for the development of e-commerce given its high penetration of internet access, personal computers and credit cards. According to the article, Chile ranked 35th in technology readiness among the 117 global economies studied; its immediate Latin American follower was Brazil, which ranked 46th. [More...] |
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| INTERNET LAW - New Regulations for Promoted Software Activities in Argentina |
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| | Federico Brandt- Attorney Argentina
Thursday, March 08, 2007
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| | The government of Argentina enacted Decree 1,594 that sets a regulatory framework to the also newly enacted Law 25,922. Law 25,922 aims to promote the software industry by granting a set of tax benefits to individuals, and local legal entities (the “Beneficiaries”), whose main activity is the software industry. Decree 1,594 clarifies the application scope of the Law for individuals and companies that are not 100% engaged in software related activities. There is no doubt that these laws will favorably impact e-commerce transactions in Argentina. [More...] |
