IBLS Internet Law Digital Library
| # | Title / Abstract | Date |
| 1 | 1653 - Cybercrime and Data Protection Law in Chile
E-Commerce is growing vastly in Latin American countries, and for this reason these countries are steadily enacting legislation against cybercrimes. There are innumerable types of cyber-crimes of which the most currently and internationally prosecuted are (1) Internet fraud (including businesses, auctions, merchants, securities); (2) identity theft; (3) hacking, data theft and destruction; (4) child predation and pornography; (5) cyber-stalking; (6) extortion and sabotage; and (7) terrorism.
Both, international organizations and national governments are enacting crime-specific legislation against cybercrimes. For instance, some European countries have signed the Cybercrime Convention, which addresses several Internet wrongdoings including intellectual property violations; the United States has enacted a great number of statutes typifying certain conducts as cybercrime offenses. Among them, we have the Digital Millennium Copyright and the Child Pornography Act; the European Union published the Data Protection Directive as well as other Directives addressing other specific Internet offenses.
Chile enacted Data Protection law No. 19,223 in 1993. Following is a brief of this Chilean Data Protection Law.
The following questions have been addressed in this article: How does Law No. 19,223 protect the information technology systems?
How does Law No. 19,223 protect the data contained in information technology systems?
Does Law No. 19,223 address the issue of hacking and data theft?
IBLS Editorial Board
Staff Attorney View details... | 3/5/2009 4:47:27 PM |
| 2 | 1717 - Commercial Brands and Patent Applications According to Chile's Industrial Property Law 19.039 of 1991
The Chilean Industrial Property Law 19.039 of 1991 is an inclusive set of rules in harmony with most international law principles on industrial and intellectual property. This law derogated Law No. 958 of 1931; Law 18.935; articles 16 y 17 of Law Nº 18.591; and article 38 of Law Nº 18.681s. It is composed of 8 chapters and 73 articles that constitute the basic legal scaffold of intellectual property in Chile. Law 19.039/91 is complemented by Chapter V of Law 18.455, among others; and international treaties such as the Paris Convention and its reviews. Following there is a summary of the procedure to obtain intellectual property rights in Chile, and a brief of the rules concerning registration of commercial brands and patent applicationsThe following questions have been addressed in this article: What is the procedure to obtain industrial property rights under law 19.039/91?
How it is composed and what are the functions of the Industrial Property Arbitral Tribunal?
What are the essential rules on industrial property rights for commercial brands?
What objects enjoy patent protection under the Chilean legislation and what the maximum patent term conferred?
IBLS Editorial Board
Staff Attorney View details... | 10/28/2008 10:35:54 AM |
| 3 | 1161 - Chile Customs And Tariff Regulations
The National Customs Service in Chile has the enumerated functions of regulating imports and exports as well as the collection of taxes for these goods. The use of electronic signatures have been adopted by the National Customs Service and has demonstrated that the modern technology is being adopted.The following questions have been addressed in this article: What formalities must be complied with in the customs procedure?
Have any electronic signature legislation been approved in Chile for importation and exportation activities?
IBLS Editorial Board
Staff Attorney View details... | 4/21/2008 6:39:53 AM |
| 4 | 1654 - Requirements And Procedures To Establish Internet Services Providers (isp) Connections In Chile
The quality of Internet Service Providers (ISP) has a direct impact on the operation of any e-business. Since e-businesses require the services of ISP, they may shop around to find the ISP that meets their necessities. Those businesses may want to know the rules governing their selected ISPs so they can judge their quality and commercial soundness. Entrepreneurs offering ISP services need to get acquainted with those rules as well.
In most Latin American countries, the Ministry of Transportation and Telecommunications is the government agency in charge of regulating ISP. For instance, the Chilean Ministry of Transportation and Telecommunications, through the Sub-secretary of Telecommunications, has published resolution 1,483 establishing the requirements and procedures for ISP in Chile. This, resolution was published in 1999 and outlines the procedures and rules to be followed by ISP in that country.
The following questions have been addressed in this article: What requirements and ISP must meet to operate in Chile?
What are the operational requirements for the interchange connections established by this Resolution?
Who will be in charge of the quality control of the ISP?
IBLS Editorial Board
Staff Attorney View details... | 5/9/2007 6:04:48 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 | 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 |
| 7 | 1102 - The Use Of Electronic Signatures In Chile
The Chilean government has recognized the need for their contract principles to be applied to the Internet medium. As a result, the Chilean government passed electronic signature law which permits the use of electronic contracts online and the signatures that are involved with these types of contracts. The Law No. 19.799 permits the use of certification services, electronic signatures and electronic documents. This law recognizes the enforceability of electronic contracts and electronic signatures and international compatibility of electronic documents that have been issued outside of Chile. This legislation aims to make electronic signature laws uniform in the realm of electronic commerce.
The following questions have been addressed in this article: How are the Certification Authorities regulated in Chile?
How are electronic documents determined by their evidence values?
Does the European Union have a similar legislation in place for digital signatures?
IBLS Editorial Board
Staff Attorney View details... | 12/12/2002 8:26:39 PM |
| 8 | 1101 - Involuntary Deletion Of Registered Domain Names In Chile
The Chilean government has recognized the need to protect the practice of the involuntary deletion of registered domain names. The deletion of names either by the means of a domain name hijackers or the domain holder’s negligence have caused economic losses and legal disputes.The following questions have been addressed in this article: What are the circumstances that have allowed these deletions to occur?
What are preventative measures that can lessen the potential of involuntary deletion of domain names?
What have been the proposed solutions to deal with these involuntary domain names?
IBLS Editorial Board
Staff Attorney View details... | 12/12/2002 8:23:49 PM |
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