IBLS Internet Law Digital Library
| # | Title / Abstract | Date |
| 1 | 2274 - The ICC and the United Nations Convention on the Use of Electronic Communications in International Contracts
The recently concluded United Nations Convention on the Use of Electronic Communications in International Contracts (the Convention) is considered to be a positive step to stimulate development of cross-border online commerce -- particularly e-commerce in developed countries, as well as in the developing countries. The main feature of the Convention is that it strengthens the legal validity of transactions that take place electronically.The following questions have been addressed in this article: What are the provisions of the Convention?
In what way has the ICC contributed to the Convention?
What is the view of the ICC authorities about the final Convention adopted?
IBLS Editorial Board
Staff Attorney View details... | 5/26/2010 7:07:03 AM |
| 2 | 2964 - Costa Rica's E-Signature Law
Costa Rica’s Law of Digital Signatures, Certificates, and Electronic Documents authorizes the state and public entities to utilize digital certificates, electronic documents and digital signatures, and establishes a framework, including the necessary bodies and procedures, for the functioning of such a system. This article provides a summary of Costa Rica’s e-signature law.The following questions have been addressed in this article: Who is responsible for managing certifying bodies?
Who is responsible for managing certifying bodies?
What are the duties of the Directorate of Digital Signatures?
How does the law regulate digital certificates issued abroad?
IBLS Editorial Board
Staff Attorney View details... | 3/3/2010 7:45:51 AM |
| 3 | 2272 - Road Map for E-Commerce Taxation by the International Chamber of Commerce (ICC)
The International Chamber of Commerce (ICC) is a world business organization that promotes and enforces fair trade and international economic development. It has enacted self-regulatory codes on different business areas, including e-commerce and published policies, action plans, and guidelines on various aspects on e-commerce. The ICC has also touched upon the tax consequences of e-commerce transactions and suggested various guiding principles. ICC policies have served as the foundation for a major business coordination effort toward electronic commerce.The following questions have been addressed in this article: What are the various recommendations proposed by the ICC for increasing e-commerce taxation revenues?
What is the position taken by the ICC on electronic documentation of tax requirements?
What are the various steps undertaken by the ICC for the development of e-commerce?
IBLS Editorial Board
Staff Attorney View details... | 3/13/2009 8:08:02 AM |
| 4 | 1314 - Transfer of Trademarks under Mexican Law
Mexico has a solid trademark protection regime and is signatory to major intellectual property agreements. Mexican Industrial Property Law (Ley de la Propiedad Intellectual (LPI)) is the legal framework for intellectual property rights, including trademarks. The Mexican Institute of Industrial Property (Instituto Mexicano de la Propiedad Industrial (IMPI)), created in 1993, is the government body regulating intellectual property matters in this country. This article will address the issue of transfer of trademark rights under the Mexican law.The following questions have been addressed in this article: What are the rules for the registration of a trademark transfer?
Is it possible to cancel a license registration with IMPI?
If there is a merger of the two parties that were involved in a transfer of ownership, what will be the result?
IBLS Editorial Board
Staff Attorney View details... | 1/30/2009 6:34:53 AM |
| 5 | 1312 - Appellation of Origin in Mexico
The Lisbon Agreement is an international agreement by which signatory states agree to protect, on their territories, the appellations of origin of other country's products that have also been protected in the country of origin with the appellation of origin and registered with the World Intellectual Property Organization (WIPO). Mexico signed the Lisbon Agreement on September 1966. One of the most prominent appellations of origin issued by the Mexican government is the Denomination of Origin Tequila- DOT. Knowing what Tequila is for Mexico, we can conclude that the appellation of origin can be defined as a national intellectual property. Following, there is a synopsis of the appellation of origin under Mexican law.The following questions have been addressed in this article: Who can request protection of an appellation of origin?
How to request the appellation of origin in Mexico?
What are the penalties for illegal use of an appellation of origin?
Can an appellation of origin be cancelled or invalidated?
Can a Mexican appellation of origin enjoy international protection?
IBLS Editorial Board
Staff Attorney View details... | 1/29/2009 3:17:54 PM |
| 6 | 1311 - Mexican Mark Protection
Mexico has become a fiercer competitor in the international trade market and to meet the growing demand for goods and services produced in this country, the country has updated its legislation to conform to international standards. For instance, Mexico has improved industrial property legislation, gained access to major international intellectual property agreements, and improved enforcement of laws against intellectual property crimes. Additionally, the country has promoted awareness among Mexican firms of the need to protect their industrial property rights. Following, there is a brief description of Mexican trademark protection law.The following questions have been addressed in this article: How does the Mexican law define trademarks and what types of marks does the law protect?
How to register a trademark in Mexico?
Are trade names protected without any registration?
IBLS Editorial Board
Staff Attorney View details... | 1/29/2009 9:57:45 AM |
| 7 | 2659 - Mexican Spam Law
Mexican law approaches the spam problem not through specific anti-spam legislation, but instead through a consumer protection law that is designed to regulate advertising and marketing on the Internet. The legislation gives consumers the right to know whether their personal information is being collected and stored, the type of information collected, and whether their information is distributed to third parties. Consumers can demand correction or deletion of inaccurate information. In addition, consumers can opt out of receiving unsolicited commercial messages via the Internet. This article provides an overview of the Mexican spam law.The following questions have been addressed in this article: What are the basic advertising rules under the Mexican law?
How does the FCPL’s opt-out clause work?
Does Mexico have a “Do-Not-Spam” Registry?
What are the penalties for violations of the FCPL rules?
IBLS Editorial Board
Staff Attorney View details... | 11/7/2008 1:46:05 PM |
| 8 | 1313 - Mexican Patent Protection
The Mexican Institute of Industrial Property (IMPI) protects two types of industrial property: (1) inventions, and (2) distinctive signs. Patents are within the invention category along with industrial designs, utility models, and integrated circuits. The increasing rise of patent applications has demonstrated that patents are viewed as an economic consideration and are constantly pursued. Under the Mexican law, patents require the same general considerations of novelty and non-obviousness, as well as the elements of publication and substantive examination process.The following questions have been addressed in this article: What criteria does a patent application involve?
What documents are required for a patent application in Mexico?
Can the application be filed by the assignor of the title of the rights?
What is the average time for a patent to be granted in Mexico?
IBLS Editorial Board
Staff Attorney View details... | 11/6/2008 12:17:01 PM |
| 9 | 2649 - New Mexico Supreme Court Overturns Dell Class Action Ban In A Computer Memory Case
The New Mexico Supreme Court upheld a class action suit filed against Dell on behalf of individual customers on the basis of a claim that Dell misrepresented the memory size of its computers, despite the fact that Dell’s “terms and conditions” precluded customers from pursuing class action suits against the company (Fiser v. Dell Computer Corporation, No. 30, 424, June 27, 2008). The New Mexico Supreme Court based its holding on the assumption that Dell’s class action ban was contrary to fundamental New Mexico policy.The following questions have been addressed in this article: How did the New Mexico court acquire jurisdiction over this matter when the “terms and conditions” named Texas as the forum for customer disputes?
How is the ban on class action suits contrary to New Mexico’s public policy to protect consumers’ rights?
Does the Federal Arbitration Act (FAA) preclude a plaintiff who has agreed to arbitrate a claim from proceeding with his claim in any manner other than arbitration?
IBLS Editorial Board
Staff Attorney View details... | 8/10/2008 7:01:41 PM |
| 10 | 2602 - Belize Copyright Act Chapter 252, Revised 2000
Belize is a nation set on the Caribbean Sea in Central America, situated between Guatemala and Mexico. A historic setting of several Mayan city states, the former colony of British Honduras declared itself independent in 1981. Growth has been 4% since 2000, and recent petroleum discoveries promise a new flow of foreign direct investment.The following questions have been addressed in this article: What are the Categories of Protected Works?
What is the Duration of Copyright Protection?
What is the Law Regarding Objection to Treatment of Work?
What is the Right to Privacy, Regarding Commissioned Photographs and Films?
IBLS Editorial Board
Staff Attorney View details... | 5/20/2008 8:52:37 AM |
| 11 | 1371 - Inter-american Convention
The Inter-American Convention has been influenced by other international trade entities including the New York Convention and the Panama Convention.The following questions have been addressed in this article: What are the other treaties and how do they relate to the Inter-American Convention?
Do the arbitrators chosen have to be geographically limited?
What rules govern this proceeding?
Will this arbitration decision be able to be appealed?
What circumstances would warrant the refusal of the enforceability of an arbitration order?
IBLS Editorial Board
Staff Attorney View details... | 3/9/2008 11:33:09 AM |
| 12 | 1330 - Panama Convention
The Panama Convention was established to deal with economic and social strategies of trade relations as well as issues concerning international borders and whether cooperation would be at issue. The Panama Convention established the Latin American Economic Commission and has been an important part of ensuring that there is uniform international trade policy in place and has been instrumental in Latin American trade.The following questions have been addressed in this article: What are the other treaties and how do they relate to the Panama Convention?
IBLS Editorial Board
Staff Attorney View details... | 5/7/2007 9:02:12 AM |
| 13 | 1321 - Latin American Economic System (SELA)
The Latin American Economic System is concerned with the economic and social strategies of trade relations as well as issues concerning international borders and whether cooperation would be at issue. The Latin American Economic Commission was established on the need for intra-regional economic and social cooperation, of consultation and coordination of the positions of Latin America in international bodies as well as before third countries and groups of countries.IBLS Editorial Board
Staff Attorney View details... | 2/28/2003 11:13:53 PM |
| 14 | 1318 - Mexican Industrial Designs
The Mexican Institute of Industrial Property has existed to protect industrial property such as patents and trademarks. The increasing rise of patent applications has demonstrated that patents are viewed as an economic consideration that is worth considering.The following questions have been addressed in this article: How is priority of industrial designs determined?
Are there limitations on seeking legal protection abroad?
IBLS Editorial Board
Staff Attorney View details... | 2/28/2003 11:05:20 AM |
| 15 | 1315 - The Licensing And Franchising Of Marks (mexico)
The Mexican Institute of Industrial Property has existed to protect industrial property such as patents and trademarks. The increasing rise of trademark applications has demonstrated that this type of industrial property is viewed as a prime consideration to be explored. Whether or not to license the mark or allow for the franchising use is a financial consideration that must be explored in order to determine whether it makes any fiscal sense. Whether or not there is a deal involved will be determined by the contractual arrangement that is determined.The following questions have been addressed in this article: What does the franchisor have to inform the franchisee prior to the completed transaction?
IBLS Editorial Board
Staff Attorney View details... | 2/28/2003 4:17:55 AM |
| 16 | 1309 - Mexican Institute Of Industrial Property
The Mexican Institute of Industrial Property has existed to protect industrial property such as patents and trademarks. The Mexican Institute of Industrial Property has played a key role in handling more patent and trademark applications as well as enforcing that there is not piracy occurring as well as an unfair competition.IBLS Editorial Board
Staff Attorney View details... | 2/27/2003 6:24:34 PM |
| 17 | 1305 - Economic Commission For Latin America & Carribbean
The Economic Commission for Latin America and Carribbean (ECLA) has been concerned with assisting and promoting economic and social development. The ECLA has been concerned with resolving inflation as well as providing uniform policy principles for these regions. The uniform policies of examining economic factors and the adoption of uniform policies can assist with the development of trade facilitation and eliminating trade barriers.IBLS Editorial Board
Staff Attorney View details... | 2/27/2003 4:32:04 PM |
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