IBLS Internet Law Digital Library
| # | Title / Abstract | Date |
| 1 | 1692 - International Protection Of Well-known Trademark In The World And Argentina
Globalization, and Internet in particular, makes it more than ever before, those trademarks that are renowned and established in a region or in a country to be also recognized in other places of the world where they have not been directly commercialized or used yet.
Businessmen or companies from countries different than the trademark owner’s country may adopt well-known trademarks as their own for unlike or even similar kind of products or services in their own countries. Sometimes they use them for a couple of years until the original owner takes notice of such misappropriation.
This summary will discuss how the original owner could be protected under international law.
The following questions have been addressed in this article: What is the Argentinean Position Regarding Trademarks v. Internet Use?
Maria Iturralde
LANDIN Y ASOCIADOS
IBLS Charter Partner View details... | 7/9/2008 7:46:32 AM |
| 2 | 1650 - Argentina: Domain Name And Trademark Disputes. Trademarks Owners Privileged, Even Absent Finding Of Bad Faith In The Domain Name Registrant. Should Not Be Advisable To Adopt The Udrp Policy?
Even when the dot.com bubble may have shattered, no doubt that the Internet is a powerful tool for companies seeking to communicate products and image to current and prospective customers. And still seems that the best way to have presence in the web is registering a domain name that is identical to the trademark or to the term by which the company is known.
But while trademarks rights are held with respect to particular classes of goods and services, e-commerce has caused that similar, even identical, trademarks are registered with respect to different goods and services. Following is the Argentinean policy regarding domain names vs. trademarks.
The following questions have been addressed in this article: What has been the Argentinean’s Courts approach to cases in which domain names and trademarks are at issue?
Is this feasible? Can every trademark owner have a domain name identical to its trademark?
Maria Iturralde
LANDIN Y ASOCIADOS
IBLS Charter Partner View details... | 5/23/2008 12:02:03 PM |
| 3 | 1661 - Facilitation Of Electronic Commerce: Legal Treatment Of Digital Signature In Argentina.
Chronology of the Digital Signature Law N ° 25.506
In December 2001, at a very special moment of political and economic movement, while the financial system was virtually collapsing and the controversial international 'default' was just to be declared, Argentina enacted the Digital Signature Law N 25.506. This law was 'a significant advance for the insertion of Argentina in the information society and the digital economy, that gives the opportunity for the development of productive sectors that are closed to the new technologies'.
Beyond the causes that motivated the enactment of the law in such a circumstances, the so meant globalization and the reality of a universal phenomenon (as in previous times challenged the evolution of the 'lex mercatoria') imposed the necessity of juridical tools for the new commercial traffic requirements. Providing speed and safety to e-transactions that would in turn promote a global market was another main reason for the enactment of this law.
The following questions have been addressed in this article: How could the Argentinean Digital Law be compared to the UNCITRAL Model Laws?
What are the positive aspects of the Argentinean Digital Law?
Maria Iturralde
LANDIN Y ASOCIADOS
IBLS Charter Partner View details... | 12/19/2007 9:40:26 AM |
| 4 | 1648 - Personal Data Protection Law In Argentina.
The Organization of Economic Co-operation and Development (OECD) prepared the “Guidelines Governing the Protection of Privacy and Tran-border Flow of Personal Data” (The Guidelines) in 1980 (subsequent Topic of the Week will address this specific document). The objective of these Guidelines was to present the international standards for handling personal data in e-commerce and Internet transactions. Following is a summary of Law 25.326, which constitutes the Personal Data Protection Law in Argentina, and follows some of the principles set by the Guidelines.IBLS Editorial Board
Staff Attorney View details... | 10/17/2007 5:32:12 AM |
| 5 | 1693 - Tow: Measuring Electronic Commerce As An Instrument For The Development Of The Digital Economy: A Report From The United Nations Conference On Trade And Development (unctad)
The United Nations Conference on Trade and Development (UNCTAD) is a United Nations’ (UN) body that ‘aims at the development-friendly integration of developing countries into the world economy.’ UNCTAD concentrates on issues such as finance, technology, development, and investment and constitutes a forum for ‘intergovernmental discussions and deliberations.’ To accomplish its end, this group researches, collects and analyses data to further assist developing countries. Its Secretariat works with governments, non-government organizations (NGO’s) and private groups.
The UNCTAD has a commission on Enterprise, which is in charge of monitoring the worldwide development of e-commerce. This commission collects statistics and relevant data to evaluate the growth of e-commerce at a national, regional, and international level. This commission’s reports constitute a valuable source to e-commerce entrepreneurs since it collects data from National organizations, NGO’s, regional groups, etc. In September 2003, the UNCTAD commission on Enterprise issued a report called ‘Measuring Electronic Commerce as an Instrument for the Development of the Digital Economy’ that constitutes and update on the e-commerce situation and e-commerce statistical data around the world, including developing countries.
The following questions have been addressed in this article: What is the Commission’s Measurement of the Worldwide E-commerce Development as to September 2003?
What is the Incidence of Regional Initiatives on the Measurement of e-commerce?
What is the Report’s Assessment on E –commerce Measurement in Developing Countries?
IBLS Editorial Board
Staff Attorney View details... | 1/2/2004 4:41:15 PM |
| 6 | 1697 - Choice Of Law And Jurisdiction Clauses In E-commerce Agreements With Argentine Consumers
This article deals with the validity of foreign jurisdiction and choice of law clauses in e-commerce agreements with consumers in Argentina, and the protection that the Consumer Protection Statute gives to local consumers when entering into agreements with pre-inserted clauses.The following questions have been addressed in this article: What is the Consumer Protection Statute?
Who is a “consumer” under the Consumer Protection Statute?
Is the Consumer Protection Statute applicable to e-commerce agreements?
What is the criterion for the validity of applicable law clauses?
What is the criterion for jurisdiction clauses?
Federico Brandt
Alfaro Abogados
IBLS Charter Partner View details... | 12/31/2003 11:33:33 AM |
| 7 | 1667 - La Topic: E-commerce Recommendations By The Argentinean Ministry Of Economy, Public Works And Services.
In 1998, the Argentinean Ministry of Economy, Public Works and Services (the Ministry) created a working group on E-commerce and International Trade. The initial goal of the working group was to depict the e-commerce situation in Argentina. After the working group presented its report, it was agreed that the country needed some recommendations to help develop the e-commerce strategies in Argentina.
The Ministry, through Resolution 412/99, adopted the recommendations presented by its working group in 1999. The e-commerce recommendations are divided in three main areas, Trade Policy; Legal Issues; and Taxation Policy. These recommendations show how the Argentinean Government is addressing the e-commerce phenomena in Argentina. Below, there is a brief presentation of the recommendations.
IBLS Editorial Board
Staff Attorney View details... | 11/3/2003 2:57:52 PM |
| 8 | 1652 - Latin America’s Statistic Information On Education, Family Size, Women Participation In The Work Force And Its Relevance To E-commerce
Statistic information, marketing concepts and studies traditionally used by brick and morter businesses could be applicable to e-commerce as well. E-businesses wanting to expand their Latin American market should obtain statistic information on education, wages, family size, work force participation, etc., from the targeted Latin American countries. This information will help e-businesses to structure a more aggressive market penetration in those countries. For instance, the price of goods will be adapted accordingly; goods may be offered according to those countries’ needs or preferences; e-companies may estimate the number of consumers in those countries based on the citizens’ educational level, Internet penetration, etc.
The Organization of Economic Co-operation and Development (OECD) published a comprehensive technical paper addressing important statistic information of six Latin American countries. The most relevant facts from Argentina, Chile, Colombia and Mexico will be presented below.
The following questions have been addressed in this article: What is Argentina’s statistic information on education, wages and family size?
What is the schooling average, family size and labor force composition in Chile?
What are Colombia’s level of education and women participation in the work force?
What is the Mexican educational and women’s participation level in that country?
IBLS Editorial Board
Staff Attorney View details... | 10/13/2003 2:56:56 PM |
| 9 | 1628 - Internet Sellers Must Comply With A Cool-off Period And Accept Product Returns
This summary discusses rules for Internet sales made within the Argentinean territory according to the Consumer Protection Statue of Argentina. The discussion includes a mandatory cool-off period by which the buyers have the right to return products purchased through the Internet and receive full refund without incurring any costs.The following questions have been addressed in this article: How are the buyers informed about their product return rights?
What are the requirements for the buyers for returning the products?
Who bears the costs of the product return policy?
Federico Brandt
Alfaro Abogados
IBLS Charter Partner View details... | 8/11/2003 4:28:49 PM |
| 10 | 1288 - Digital Signature In Argentina
ABSTRACT: This summary deals with the recently enacted Regulatory Decree 2028/02, which provides the regulation of the Digital Signature Law. The summary also refers to the difference between digital and electronic signatures, pointing out their legal effects.The following questions have been addressed in this article: What is a digital signature?
What are the legal effects of a document that is digitally signed?
What is an electronic signature? What are the legal effects of a document that is electronically signed?
Adolfo Pando
Alfaro-Abogados
IBLS Charter Partner View details... | 2/17/2003 2:33:46 PM |
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