IBLS Internet Law Digital Library
| # | Title / Abstract | Date |
| 1 | 1593 - Trade Related Aspects of Intellectual Property Rights(TRIPS) and its Relation to E-Commerce
The concept of Intellectual Property Rights (IPR) is closely related to Commercial transactions, whether traditional transactions or e-commerce transactions. The Word Trade Organization (WTO) and each country’s legislative body have issued rules regarding control of Intellectual Property rights in electronic transactions. E-businesses should be aware of the international law, WTO principles, and domestic intellectual property laws of those jurisdictions they are dealing with to avoid liability and/or protect their IPR. The topic of the week will address the WTO principles on Intellectual property, emanated from the WTO agreement called “Trade-Related Aspects of Intellectual Property Rights (TRIPS).IBLS Editorial Board
Staff Attorney View details... | 3/30/2009 6:56:51 AM |
| 2 | 1108 - Trade Marks Registration in Brazil
Brazil is a member of the World Intellectual Property Organization (WIPO) and signatory to WIPO's major conventions such as the Paris agreement and TRIPs (Trade-Related Aspects of Intellectual Property). Brazil is still not a member of the Madrid Protocol for international registration of trademarks. However, registration of a trademark in Brazil may bring other benefits. For instance, in Brazil there is no need to show "intent-to-use" the trademark and the country adopts the first-to-file principle, with the exception of applicants who have used the mark in good faith for at least six months previous to the filing of a trademark application.The following questions have been addressed in this article: Who may register a trademark in Brazil?
How are the trademarks classified?
When a trademark has to be renewed and may trademark rights be lost?
IBLS Editorial Board
Staff Attorney View details... | 1/16/2009 1:36:14 PM |
| 3 | 1701 - Brazil Legislation On Electronic Signatures And Certification Authorities
Brazilian Government passed an e-commerce bill on Electronic Signatures and Certification Authorities that has been waiting for Congressional approval for over two years, as to January 2004. The bill defines and establishes the rules for the recognition of electronic signatures and the regulations applicable to the certification authorities in Brazil. The electronic signature rules presented by this bill are slightly different from those advised by the UNCITRAL e-commerce code and mostly accepted by the majority of Brazil Latin American neighbors. The most relevant points of the law are described bellow.The following questions have been addressed in this article: Do electronic signatures have legal value under the Brazilian legislation?
What are the rules regarding Root Certification Authorities (root CA) of Public Key Infrastructure- Brazil (PKI), and general certification authorities (CA) established by this bill?
When a CA may revoke a certificate?
IBLS Editorial Board
Staff Attorney View details... | 12/29/2008 6:44:39 AM |
| 4 | 1107 - Obtaining Patent Protection in Brazil
Brazilian patent law protects inventions, products, substances, or processes that are new, inventive, have industrial utility, and sufficient description. Patent owners have the exclusive right to prevent others from manufacturing, using, selling, or importing the invention without securing the permission of the patent holder. This permission would be secured in the form of a license or an assignment. In Brazil, there are two common types of patents: the invention patent and the working model patent. These are conferred to inventors, authors, or any other individuals or companies demonstrating the respective rights.The following questions have been addressed in this article: How is the patent application process in Brazil?
How does the patent holder maintain the rights guaranteed by the patent protection?
What types of license arrangements are available?
What are the consequences of an unexploited patent?
IBLS Editorial Board
Staff Attorney View details... | 11/5/2008 3:40:07 PM |
| 5 | 302 - Marketing and Advertising on the Internet under Brazilian Consumer Law
The main principles of consumer protection are found in the Brazilian Federal Law number 8.078, of 1990, known as the Brazilian Consumer Defense Code (CDC), specifically on what refers to marketing and advertising on the Internet.The following questions have been addressed in this article: What is the essential data to be included in the offer?
What if the supplier fails to fulfill an offer?
What is abusive advertisement?
What are the applicable penalties?
What are the cases to which the CDC provisions are not applicable?
Marcos Canecchio Ribeiro
Suchodolski Advogados Associados
IBLS Charter Partner View details... | 10/18/2008 11:46:20 AM |
| 6 | 1510 - The E-commerce Development And The E-commerce Laws In Brazil
Brazil is one of the South American leading countries in enacting e-commerce legislation. Brazilian e-commerce general framework is well devised but its development should continue. In this excerpt and after a brief introduction regarding e-commerce in Latin American countries, and specifically, in Brazil, you may find some of the laws that conform the general e-commerce framework in Brazil.The following questions have been addressed in this article: How is the Brazilian Telecommunication Infrastructure for e-commerce purposes?
Does Brazil grant intellectual property rights for e-commerce entrepreneurs?
How does Brazil address the Privacy and Security issues in e-commerce transactions?
Are e-contracts valid under Brazilian legislation?
What other laws conform the Brazilian e-commerce legislation?
IBLS Editorial Board
Staff Attorney View details... | 11/19/2007 6:58:32 AM |
| 7 | 1604 - Consumer Protection Law In Brazil
E-commerce transactions, as any other commercial transaction, entail recognition of consumer rights. The Organization of Economic Cooperation and Development (OECD) and other international organizations have enacted consumer protection guidelines for e-commerce transactions. The majority of Latin American countries, except Mexico, are still in the process of adapting their domestic consumer laws to the e-commerce environment. Mexico as member of the OECD has already included the OECD guidelines in its domestic legislation.
Following there is a brief on Brazilian consumer protection law as informative issue vital for any e-commerce business located in Brazil or dealing with Brazilian costumers.
The following questions have been addressed in this article: Is a supplier liable under Brazilian law for the supply of defective products or services?
What are the consumer remedies for defective products under the Brazilian CPC?
What products are considered improper for use and consumption under the Brazilian CPC?
What is the timeframe a consumer has to complain for defective products?
What are the Brazilian Consumer Laws regarding Advertisement?
IBLS Editorial Board
Staff Attorney View details... | 4/30/2007 8:34:16 AM |
| 8 | 1663 - Protection To Computer Programs Under The Brazilian Legislation
Internet transactions opened the door for a global economy but it created the need for a wide range of legislation as well. The legislation called for have two facets. In one hand, we have the regulatory legislation essential to facilitate e-commerce transactions such us digital signatures, e-contracts, intellectual property, etc. In the other hand, we have legislation that penalizes certain conducts taking place on the web (cyber-crimes laws).
Latin American countries are steadily implementing e-commerce legislation. Most of these countries set their priorities regarding the laws to implement first. For instance, Brazil promptly implemented a computer program protection law in 1998 before it publish digital or electronic signature laws. Being the Latin American headquarters of major technology industries and given the country’s active import/export economy, this law was highly recommended for Brazil. This excerpt addresses the main issues considered by the Brazilian Computer Program Protection law 9,609 of 1998. This law is a mixture of rules facilitating e-commerce transactions and punishing unaccepted conducts regarding computer programs.
The following questions have been addressed in this article: How does Law 9.609 protect computer programs in Brazil?
When the use, reproduction or change of a computer program by unauthorized parties does not constitute violation of the author’s copyrights?
What are the guarantees conferred to the users of computer programs by this law?
What are the licensing and transfer of technology rules established by law 9,906?
What are the sanctions for violation of copyrights of computer programs in Brazil?
IBLS Editorial Board
Staff Attorney View details... | 3/15/2007 1:03:11 PM |
| 9 | 1603 - Public Key Infrastructure (pki) And Its Regulation Under Brazilian Legislation
E-commerce demands the use of Public Keys Infrastructures (PKI) to secure digital data from fraudulent or unauthorized use. For most part, using PKI will assure that digital documents are authentic when are sent from its senders. Definition of this security system, how it works, and how it has been implemented under the Brazilian legislation are the objectives of this Summary.The following questions have been addressed in this article: Has Brazilian legislation adopted the use of PKI?
Who are the members of the Policy Making Entity in Brazil and what are its functions?
What are the functions of the Root Certification Authorities-root CA- or AC raiz in Brazil?
What are the Certification Authorities-CA- (AC under Brazilian Law) functions under the Brazilian Legislation?
What are the duties of the Local Registration Authorities-LRA- or AR under the Brazilian Law?
IBLS Editorial Board
Staff Attorney View details... | 2/27/2007 7:41:44 PM |
| 10 | 1677 - Internet Penetration In Rural Areas Of Latin America
Internet penetration in Latin American countries is a topic commonly addressed. Yet, few studies have concentrated on how and when Latin American rural areas would enjoy Internet access. Most of the Internet connections in Latin American countries exist in the large cities and heavily populated areas. Even in these cities, there is not a wide Internet penetration but many public and private programs are working to accomplish massive Internet access. It cannot be forgotten, however, that a great number of individuals live in the rural areas of Latin America. These are the artisans, farmers, and micro-entrepreneurs the e-commerce scholars listed as some of the beneficiaries of the e-transactions. Inhabitants of the rural areas would never benefit from e-commerce if they cannot afford Internet connections.
For the time being, wide Internet penetration in Latin American rural areas is not a fact. This is the conclusion of a 2003 OECD (Organization of Economic Co-operation and Development) report called “Providing Low-Cost Information Technology Access to Rural Communities in Developing Countries: what works? What pays?” (see link bellow). The report is a comprehensive study of the pitfalls of Internet access in the rural areas of developing countries (as most Latin American countries are). Among many issues addressed by the OECD report, four telling situations constitute the pitfalls for the expansion of Internet in rural areas of developing countries.
IBLS Editorial Board
Staff Attorney View details... | 8/22/2006 12:03:03 PM |
| 11 | 1700 - E-commerce Projects In Brazil With Focus On Small And Middle Size Business Including Exports
The Brazilian E-commerce Executive Committee (Comite Executivo de Comercio Electronico) (CECE) has approved four important e-commerce projects that will impact the e-commerce expansion in Brazil. The four projects aim to place Brazil up to the level of the most advanced e-commerce countries in the world. In enacting the projects, CECE paid special emphasis on the development of small and middle size business, and the export sector of Brazil. Following is a brief explanation of each project’s objective.
CECE is a government body, ascribed to the Industrial Technology Secretariat, whose mission is to accelerate the development of e-commerce in Brazil. CECE acts as intermediary between the private and public sector on e-commerce matters. They represent the Brazilian Industry Confederation (CNI), the Commerce and Transportation Confederation (CNT), the Bank Federations (FEBRABAN), the Software Association (ABES and ASSESPRO), and the Association of Internet Service Providers (ABRANET).
The following questions have been addressed in this article: What is the objective of the ‘Rede Brazil’ Project?
What is the objective of the second e-commerce project approved by CECE?
What is the objective of the project called ‘Portal de Exportation of Cultural Assets’?
What is the objective of the project called “Hub of Transportation”?
IBLS Editorial Board
Staff Attorney View details... | 1/16/2004 2:00:37 PM |
| 12 | 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 |
| 13 | 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 |
| 14 | 1649 - Domain Names In Brazil: Authorities And Rules
The “Comite Gestor da Interner no Brazil” (CGIB) (Brazilian Internet Committee) is the government authority integrating and coordinating the Internet initiatives in Brazil. The Internet rules published by this agency are called “Resolutions.” The CGIB’s Internet Resolutions concentrate on technical or operative procedures for Internet services. This summary informs the reader on the Brazilian authorities in charge of registering domain names and the rules governing the registration process.
The following questions have been addressed in this article: What principle regulates the right to a domain name in Brazil?
What are the responsibilities of the holder of a domain name according to Resolution 001/98?
Who can register a domain name in Brazil?
IBLS Editorial Board
Staff Attorney View details... | 10/1/2003 6:39:32 PM |
| 15 | 1555 - la Topic: E-commerce And Consumer Protection Regulations
E-commerce contributes to the development of new businesses by facilitating international transactions. In the other hand, consumers around the world have access to infinite number of products and services. The success of e-businesses may rest on the level of consumer protection afforded to its clients. E-business should address those consumer’s concerns such as shipping costs, return policies, and product specifications among others.
The Organization of Economic Co-operation and Development (OECD) enacted the Guidelines for Consumer Protection in the Context of E-commerce (referred as “The Guidelines”) in 1998. The Guidelines present the effective consumer protection policies for online transactions. The United States, Mexico- the only OECD Latin American country-and most of the OECD countries have already incorporated these guidelines within their legislations and published informative brochures outlining consumer protection rights for online transactions. Other Latin American countries have adjusted their consumer protection laws to e-commerce transactions. E-businesses should conform to these guidelines as well if they want to compete in the e-commerce market.
Following, there is a summary of the Consumer Protection Guidelines, a brief of the United States Approach, and a list of the consumer protection laws in two Latin American countries.
The following questions have been addressed in this article: What is the incidence of these Guidelines in the OECD members?
What is the United States position regarding the OECD guidelines?
IBLS Editorial Board
Staff Attorney View details... | 6/11/2003 6:16:51 PM |
| 16 | 1109 - Industrial Designs Under Brazilian Law
Industrial designs can be applied for under Brazilian law which protect the aesthetic nature of the goods and not the functional characteristics of the design. This registration will be functional as long as annuities are filed.The following questions have been addressed in this article: What are the requirements of an industrial design?
How are the annuities handled?
IBLS Editorial Board
Staff Attorney View details... | 12/13/2002 5:32:27 AM |
| 17 | 303 - Requirements For The Registration Of Internet Domain Names Brazil
This summary presents some useful information about the appropriate procedures to be followed by a foreign entity for the registration of Internet Domain Names in Brazil. We will address the most relevant aspects of the Ministerial Administrative Rule MCT/MC (Science and Technology Ministry and Communications Ministry) nr. 147, dated of May 31st 1995, and the Administrative Acts nr. 001/98 and 002/98 and its Appendixes I and II.The following questions have been addressed in this article: What is the agency responsible for the registration of domain names in Brazil?
What if one requests the registration of a domain name which already exists?
How much does it cost?
What documents does a foreign company need in order to register a domain name in Brazil?
Marcos Canecchio Ribeiro
Suchodolski Advogados Associados
IBLS Charter Partner View details... | 4/27/2002 5:57:51 PM |
| 1 |
