IBLS Internet Law Digital Library
| # | Title / Abstract | Date |
| 1 | 2216 - WTO’s Issues of Imposing Tariff Revenues on Digitizable Products
A number of products that have been traded physically in the past have now been converted into a digitized format and are imported through the Internet. This process has raised the question of whether these products should be subject to customs duties, as are their physical counterparts. Due to the World Trade Organization (WTO) moratorium on customs duties for electronic transmissions, some countries have raised concerns about possible revenue loss if the imports of electronic goods remain tariff-exempted. Apart from the applied tariffs, there are a number of additional duties and taxes levied on most imports by most countries, which can also be lost if imports of physical goods are replaced by electronic delivery and exempted from customs duties.The following questions have been addressed in this article: What are the customs issues related to the electronic transmission of data which have physical counterparts?
In addition to tariff duties, what additional duties would be lost if imports of physical goods are replaced by electronic delivery?
IBLS Editorial Board
Staff Attorney View details... | 4/25/2010 8:15:43 PM |
| 2 | 2617 - The South African National Gambling Amendment Bill
The South African National Gambling Amendment Bill (the “NGAB”) legalizes online gambling in South Africa and establishes a licensing and regulatory system for this industry. NGAB curtails the negative socioeconomic effects of an unregulated online gambling industry. The NGAB is still pending signature by the South Africa’s President.The following questions have been addressed in this article: How does the NGAB ensure that minors and other protected persons are excluded from participating in online gambling?
What are some of the main provisions of the NGAB that govern the conduct of online gambling providers?
What is the procedure for dispute resolution between players and the interactive provider?
What is the role of the National Gambling Board?
IBLS Editorial Board
Staff Attorney View details... | 4/14/2010 9:28:13 AM |
| 3 | 2291 - Is Online Gambling Legal In South Africa?
South Africa is in the process of regulating online gambling and ultimately the South African Department of Trade and Industry intends to make it legal. The gambling activities that are not allowed by the National Gambling Act and the gambling locations that are not licensed for gambling activities are illegal and thus their usage and operation amount to criminal offences.The following questions have been addressed in this article: What Is The Current State Of Online Gambling In South Africa?
Is An Online Sport Betting Legal In South Africa?
What Are The Licensing Procedures And Processes For Corporate Entities And Individuals In South Africa?
What Are The Initiatives Taken By The National Responsible Gambling Programme (NRGP)?
IBLS Editorial Board
Staff Attorney View details... | 11/22/2009 2:19:46 PM |
| 4 | 2892 - Algeria's Law on International Arbitration
On 25 April 1993, Algeria adopted Legislative Decree No. 93-09, which has been incorporated into the country’s Code of Civil Procedure (CCP). This decree, which revised Algeria’s regime for international arbitration, is a modern piece of legislation incorporating recent principles of law in the field of arbitration.The following questions have been addressed in this article: How does the Code of Civil Procedure define international arbitration?
Is it possible to set aside any type of arbitration award under this law?
Under what circumstances such international arbitration awards may be set aside?
What is the effect of an application to set aside an award?
IBLS Editorial Board
Staff Attorney View details... | 4/14/2009 7:12:42 AM |
| 5 | 2879 - Nigerian Trademark Law
Nigerian trademark law is governed by the Nigerian Trademark Act 1990. Implementation is the primary challenge the Nigerian trademark system faces; Nigerian Intellectual Property Office, which is not automated, is known to experience severe backlog. Hence, efforts are being made to streamline the trademark registration process.The following questions have been addressed in this article: How is the trademark registration process in Nigeria?
What happens when there is opposition to the trademark application?
What is the duration of trademark protection in Nigeria?
Are there any alternatives to TM Act protection in Nigeria?
Are unregistered trademarks protected under Nigeria’s trademark law?
IBLS Editorial Board
Staff Attorney View details... | 4/1/2009 4:11:15 PM |
| 6 | 2550 - Mauritius Computer Misuse and Cybercrime Act 2003
Mauritius is an island located in the Atlantic, near Southern Africa, in the Indian Ocean, east of Madagascar. It was first explored by Portuguese sailors early in the 16th century. Later it was controlled by the Dutch, French, and British until independence was achieved in 1968. Given its inherent limitations of history, location, and natural resources, the country has developed into an unmitigated success, by anyone's standard.
The Government carefully assembled the infrastructure for a large, state-of-the-art cyber complex in the early 2000's which should prove attractive to any company wishing for access to the Asian continent within a business-friendly and highly modernized infrastructure. This law is an attempt to protect any foreign or local businesses setting up shops there.
To better understand the Computer Misuse and Cybercrime Act 2003; Act No. 22 of 2003; Offense, found in Part II, these questions will be answered: What is Unauthorized Access to Computer Data? What is Access with Intent to Commit Offences, or Unauthorized Password Disclosure? What is Unauthorized Access to and Interception of Computer Service? What is Unauthorized Modification of Computer Material, or Damaging or Denying Access to Computer System? What is Unlawful Possession of Devices and Data or Electronic Fraud?
The following questions have been addressed in this article: What is "Unauthorized Access to Computer Data"?
What is "Access with Intent to Commit Offences," or "Unauthorized Password Disclosure"?
What is "Unauthorized Access to and Interception of Computer Service"?
What is "Unauthorized Modification of Computer Material", or "Damaging or Denying Access to Computer System"?
What is "Unlawful Possession of Devices and Data" or "Electronic Fraud"?
IBLS Editorial Board
Staff Attorney View details... | 2/20/2009 9:49:15 AM |
| 7 | 2791 - Domain Name Disputes Involving Automobile Manufacturers
The World Intellectual Property Organization (WIPO) Arbitration Panels have upheld the rights of automobile manufacturers who request transfer of domain names that incorporate their trademarks. WIPO Arbitration Panels particularly protect automobile trademark owners from cybersquatters and rival companies that divert Web-traffic to their own sites.The following questions have been addressed in this article: Can non-use be evidence of bad faith?
Can the Panel draw a negative inference if the respondent fails to respond to the allegations?
In the United States, under which circumstances can a third party register and use a domain name that incorporates a third party’s trademark?
IBLS Editorial Board
Staff Attorney View details... | 1/6/2009 12:50:15 PM |
| 8 | 2713 - Cybersquatting: Domain Names of Famous Authors and Other Celebreties
The administrative panel of the WIPO Arbitration and Mediation Center has issued numerous decisions addressing cases in which famous authors or celebrities have sought to prevent other individuals or entities from using their names or derivatives, or their names within registered domain names, a practice generally known as cybersquatting. Usually, in cases where the panel has found that the name was registered in bad faith or where the panel determined that the registrant did not have a legitimate interest in the use of the domain name, it has ordered the registrant to transfer the domain name to the respective authors.The following questions have been addressed in this article: Which legal doctrine affords the names of famous authors and celebrities with trademark protection?
What elements have to be present in order for one’s name to constitute a “common law trademark”?
Does the name of an author or another celebrity meet the criterion of “distinctiveness” necessary to constitute a trademark?
IBLS Editorial Board
Staff Attorney View details... | 10/15/2008 9:58:48 AM |
| 9 | 2716 - Domain Names Incorporating Trademarked Fictional Characters Found Infringing
The administrative panel at the WIPO Arbitration and Mediation Center has held on multiple occasions that domain names that use the names of trademarked fictional characters infringe upon those trademarks. On such occasions, the panel has ordered that the infringing domain names be transferred to the respective trademark owners.The following questions have been addressed in this article: What are some of the possible legitimate, good faith uses of a trademarked name of a fictional character?
Can one register domain names that refer to famous fictional characters, but that can have an alternative meaning?
Can a use of a fictional character as part of a domain name ever be considered non-infringing?
IBLS Editorial Board
Staff Attorney View details... | 10/12/2008 2:27:18 PM |
| 10 | 2729 - Management of E-waste in South Africa
In July 2008, the E-Waste Association of South Africa (eWASA) was formally established as a Section 21 non-profit company (South African Companies Act 61/1973). The goals of the eWASA are to: (a) develop viable business models to ensure the management of e-waste, and (b) establish an environmentally sound waste management system for all types of e-waste generated in South Africa.The following questions have been addressed in this article: Does South Africa have comprehensive legislation regulating the disposal of e-Waste?
What problems result from the lack of comprehensive legislation?
Are industry and the general public obligated to recycle e-waste?
Why is e-waste considered to be a form of hazardous waste?
IBLS Editorial Board
Staff Attorney View details... | 10/7/2008 9:13:25 AM |
| 11 | 2643 - Enforcement Of Rights Under Botswana Copyright Law
Once known as the British protectorate of Bechuanaland, it re-christened itself Botswana and declared independence in 1966. Situated atop South Africa, this country is about the size of Texas, USA and has one of the most tranquil histories in all of Africa. Forty years of pure civilian leadership, enlightened public policies, and significant capital investment have create one of the continent's more stable and dynamic economies for almost 2 million residents. The mining sector, especially diamond extraction, is a mainstay of the economy. Tourism is also burgeoning given the country's disciplined conservation practices, extensive animal preserves, and abundant natural beauty.
According to the Heritage Foundation's 2008 Index of Economic Freedom assessment, Botswana is ranked the 36th freest economy in the world and second in sub-Saharan Africa, at 69% per cent free. It has one of the lightest tax burdens in Africa. Its economy has expanded at least 5%-10% per year since 1996. Yet, Botswana is still striving to create a broad and deep Intellectual Property Rights (IPR's) regime. They scored 70% on protecting Property Rights, and the country has a fully independent judiciary, and protection of IPR's has improved significantly. In Botswana, Intellectual Property law is divided into two categories: Industrial Property and Copyrights.
The following questions have been addressed in this article: How Does Botswana Protect Intellectual Property?
How is Evidence of Copyright Violation Secured and Preserved?
What are the Civil Remedies?
Are Fines or Prison Sentences Possible?
IBLS Editorial Board
Staff Attorney View details... | 7/30/2008 8:18:34 AM |
| 12 | 2556 - Malawi Internet Service Provider Licensing
At one time known as the British protectorate of Nyasaland, this landlocked southeastern African colony became the independent nation of Malawi in 1964. Being one of the world’s most undeveloped countries, with a per capita annual income of $600 for 13 million residents, the country is slowly starting to work its way out of poverty symbolized by the subsistence farming that has sustained the people for millennia. One pillar in reformation plans for Malawi is a legal reformation movement meant to establish an ironclad constitution and an education in the benefits of the rule of law in the populace.
To better understand the Malawi law for Internet Service Provider (ISP) licensing, these questions will be answered: What Law Covers Internet Service Provider Licensing in Malawi? What Law Covers the Requirements to Obtain a Malawi ISP License? What Requirements are Necessary for an ISP License? What Other Information Does the Application Require? What is the Fee for an Internet Operating License?
The following questions have been addressed in this article: What Law Covers Internet Service Provider Licensing in Malawi?
What Law Covers the Requirements to Obtain a Malawi ISP License?
What Requirements are Necessary for an ISP License?
What Other Information Does the Application Require?
What is the Fee for an Internet Operating License?
IBLS Editorial Board
Staff Attorney View details... | 11/13/2007 3:21:16 PM |
| 13 | 2542 - Moroccan Copyright Law
Morocco has a rich French legal history, which included European intellectual property law. The French law was set aside to make way for the global economy represented by World Intellectual Property Organization, which Morocco assented to the standards of, first in the Agreement on Trade-Related Aspects of Intellectual Property, or TRIPS Agreement; and then, in the Law No. 2-00 on Copyright and Related Rights of February 15, 2000. That Moroccan law is still influenced by the old dahirs (laws).
To better understand Moroccan Copyright law, these questions will be addressed: What are Copyright Protected Works, What are Their Conditions? What Are Some Unusual Aspects of Moroccan Copyright Law? How Does Copyright Ownership Work? What are the Formalities and Documentation for Moroccan Copyright? Does the Law Treat as Special Moroccan National Folkways?
The following questions have been addressed in this article: What are Copyright Protected Works, What are Their Conditions?
What Are Some Unusual Aspects of Moroccan Copyright Law?
How Does Copyright Ownership Work?
What are the Formalities and Documentation for Moroccan Copyright?
Does the Law Treat as Special Moroccan National Folkways?
IBLS Editorial Board
Staff Attorney View details... | 11/6/2007 1:54:56 PM |
| 14 | 2508 - Point By Point Description Of Ghana's New National Business Code
Claiming installation of the first such country-wide law of its kind anywhere, Ghana has established a National Ghana Business Code that challenges all merchants to now aim higher for ethical and transparent standards in day-to-day commerce. The Code was launched in October 2006, and is described as “a set of norms designed to help and guide businesses uphold acceptable standards in relation to human rights, labour standards, environment and anti-corruption.” Workshops are now being hosted to help businessmen understand the new rules, including the message that companies can thrive without bribery and rule-breaking. This article will answer these questions: Could You Describe Ghana?; Whose Idea was the Code?; Can You Give an Overview of the Ghana Business Code?;The following questions have been addressed in this article: Could You Describe Ghana?
Whose Idea was the Code?
Why Did Ghana Create this Code?
Can You Give an Overview of the Ghana Business Code?
IBLS Editorial Board
Staff Attorney View details... | 7/4/2007 6:25:20 AM |
| 15 | 2396 - 419 Scam:a New Way For Identity Theft
The 419 scam or the 'Nigerian Advance Fee' fraud is a fraudulent e-mail scam which takes the form of e-mail messages that generally claim that the target’s help is needed to access a large sum of money or to promote a seemingly worth cause. Users who reply to these fraudulent e-mails may also become victims of identity theft. The victims of 419 scams are often asked for advance fees for the supposed purpose of allowing a transaction to proceed in return for the payment of a much larger amount at a later date. Internet users should be aware of the characteristics of these scams.The following questions have been addressed in this article: Why are these scams called “419 scams?”
Are there different forms of 419 Scam?
Why are people falling victim to 419 scams?
How not to be a victim of the 419 e-mail fraud?
IBLS Editorial Board
Staff Attorney View details... | 6/4/2007 10:58:41 AM |
| 16 | 2207 - Wto And Classification Of Digital Products
The World Trade Organization (WTO) members at the 1998 Geneva Ministerial Conference agreed to a temporary moratorium on customs duties for all products delivered via the Internet. The main challenge for the WTO was the difficulty of distinguishing between the physical and electronic delivery of products purchased over the Internet and obscurity of the traditional distinction between goods and services. However, at the 2005 Hong Kong Ministerial Conference, WTO members agreed to maintain their current practice of not imposing customs duties on electronic transmissions until the next Session.The following questions have been addressed in this article: To what extent do the GATT and GATS agreements address e-commerce transactions?
What are the classification systems used by the WTO’s agreements?
How does the WTO Work Program on E-Commerce Operate?
IBLS Editorial Board
Staff Attorney View details... | 12/6/2006 2:42:32 PM |
| 17 | 2086 - Direct Taxation of E-commerce in South Africa
The term “” is a broad concept that covers any commercial transaction effected via electronic means, The concepts of ‘source’ and ‘residence’ in the context of income tax legislation are key to determining the jurisdiction in which income is taxable. The application of traditional concepts to this determination in South Africa has been is less than successful with regard to e-commerce transactions.The following questions have been addressed in this article: What is the concept of ‘source’ with respect to E-commerce in South Africa?
What is the concept of ‘residence of a company’ with regard to e-commerce?
IBLS Editorial Board
Staff Attorney View details... | 10/10/2006 7:09:46 AM |
| 18 | 1828 - Examples Of Email Fraud
Have you ever received emails from family members of deposed Nigerian dictators? Have you ever been asked by your bank, Internet Service Provider or other online retailer to confirm your access code and password? These are two examples among many others of email scams in operation at the moment.The following questions have been addressed in this article: What is the “Nigerian” email fraud?
How does this work?
What about “phishing”?
How does phishing work?
Where can we find other examples of email fraud?
IBLS Editorial Board
Staff Attorney View details... | 8/22/2006 12:03:03 PM |
| 19 | 1174 - South Africa’s Import Taxes And Excise Tariffs
South Africa’s economy has undergone much transformation. The use of import taxes and excise tariffs has become crucial to the sustainment of the economy. The determination for the amount of the external tariff is governed by the Harmonized Commodity Coding System (HS); however whether or not a trade agreement governs the relationship between the parties involved must be considered. The existence of bilateral free trade agreements have been increasing in their use and in their benefits to the elimination to trade barriers and the payments of excise tariffs.The following questions have been addressed in this article: What is the relationship between South Africa tariffs and the European Union?
In determining the use of electronic commerce and its impact on taxation issues, was a new system warranted to deal with this new medium?
IBLS Editorial Board
Staff Attorney View details... | 12/31/2002 6:29:34 AM |
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