Science and Technology Law Articles

I spent three weeks in Brazil at the end of 2011, traveling in Campinas, Sao Paulo, Rio de Janeiro and the upscale resort town of Buzios in RJ State. One way in which Brazilian urban and suburban landscapes differ from those in the United States is that almost everywhere you look, you see new multi-family construction projects being built, mostly high-rises.

In a recent ruling, a Finnish District Court held that when an act of copyright infringement takes place through the use of a person’s open Wi-Fi network, by somebody other than the owner of the network, that same owner cannot be held liable for the infringing acts. The case was brought by the Finnish Anti-Piracy Centre, a coalition of intellectual property right holders. They collectively sued a woman who owned the network for €6,000.

Broadband is a game changing development and policy-makers are still in “catch-up” mode. Legislatures and courts have so far taken a fairly traditional approach to dealing with the protection of online copyright works. Ultimately, it is expected that creative creators will continue to think outside the square to develop new business models – and that this group will manage to stay “ahead of the curve” when it comes to generating value (and new revenue streams) from their creative efforts.

Transborder data flows are a significant concern for those interested and involved in cyber-security and information privacy. The issue is given particular focus in the context of cloud computing. A key new source of risk for users on cloud computing services is that associated with the storage of data and the execution of transactions in foreign jurisdictions. This whitepaper examines government and industry responses to cross-border data flows in the context of cloud computing.

Inadequate data security leaves businesses open to significant damage and embarrassment. Whilst data security is a key concern for any business when it considers the use of its IT resources, businesses that operate within, or are seeking to operate within, the cloud need to be particularly attuned to the increased risks and dilemmas that cloud computing poses for their data security. - Data Security in the Cloud - A Whitepaper by Nicholls Legal

The adequate protection of the privacy of personal and sensitive data has proved to be one of the key concerns that has emerged in the area of cloud computing. Adequate protection of privacy intersects with many other issues affecting cloud computing, including data security, jurisdictional concerns and contractual issues. Cloud Computing and Privacy - A Whitepaper by Nicholls Legal

Clinical Trial Agreements (“CTAs”) can be surprisingly complex documents with numerous legal issues, particularly in the setting of a multi-center trial for a new drug product candidate. This outline highlights the principal issues typically arising in a CTA and some of the considerations for companies sponsoring pharmaceutical trials (“Sponsors”) in addressing these issues.

Update: The Agreement drawn up at EU level regulating this matter will come into force as of 1st July 2012.

At least three promising studies during the past decade indicate that heart patients may one day enjoy improved health after their hearts are treated with stem cells taken from some of their own fat cells. Several of these studies have been run by Dr. James Willerson of the Texas Heart Institute. During recent interviews, Dr. Willerson has said that he believes one of his most successful studies was the one he presented in 2011.

Recognizing that the development of a bed sore during an admission to a hospital as something that simply should not occur, many facilities have begun to categorize their development for what they truly are a serious medical error. Bed sores now join a list of dreadful occurrences such as: operations on the wrong body part, patient suicides, foreign objects left in during surgery and deadly falls in the hospital as situations that simply shouldn't occur in the presence of proper medical care.

We’ve all heard the phrase “taking the Fifth.” A defendant in a criminal defense TV drama takes the Fifth in answer to a question as his Atlanta criminal lawyer glances from the stand. A friend jokes that she’s going to take the Fifth about what she was doing last night because her partner would be upset. But what does “taking the Fifth” mean?

Recently, McDole, Kennedy & Williams has received multiple requests to evaluate official-looking trademark registration notices received by clients. These official-looking notices claim to be from governmental trademark offices, alleging that the client must pay fees in order to maintain his/her trademark and rights.

Unfortunately, about two out of three new clients come to our firm because they have a problem with their signed contract or legal documentation. Too late, they have received the previously unconsidered information that their contract does not have a jurisdictional provision (so they are being sued in Idaho); or their contract doesn’t allow for....

A brief summary of some positive and negative consequences of the America Invents Act. America Invents Act: Pros and Cons - by Todd Juneau

The European online privacy watchdog known as the ‘Article 29 Working Party’ has called for stricter regulation on the practice of using ‘cookies’ for online advertising. A cookie is a tracking program uploaded to a computer by advertising companies in order to monitor the activities of an internet user. This, in turn, allows the advertising company to forward advertisements to the user tailored to their personal interests.

In 2004, California voters enacted Proposition 71, approving $3 billion worth of funding for stem cell research to be allocated over a 10-year period to different research facilities. Now, in 2011, the money is scheduled to run out in around five years and voters are debating whether to approve a proposition authorizing additional funding. The proposition of providing more public funding for stem cell research has proven controversial among California voters, explains a lawyer.

Generic top level domains known as “gTLDs” are about to change. If you are thinking that this may be interesting but has no effect on you or your business, think again. Brand owners have several options for protecting their trademarks in this new unlimited gTLD system. By: Maria Crimi Speth

The Hungarian Parliament has recently adopted a new act arguing that the provisions of the current data protection are outdated. Although the applicable EU directive is under significant review in the EU, the new Hungarian act still follows the old (current) EU legislation. The new act is called Information Act), and maintains the rigid Hungarian system of data protection and misses the opportunity to help foreign data processing.

What is a Shell Company? Securities Act Rule 405 and Exchange Act Rule 12b-2 define a Shell Company as a company, other than an asset-backed issuer, with no or nominal operations; and either: • no or nominal assets; • assets consisting of cash and cash equivalents; or • assets consisting of any amount of cash and cash equivalents and nominal other assets. By: Brenda Lee Hamilton, Attorney Hamilton & Associates Law Group

Petroleum Market Law numbered 5015 has been enacted at December 4, 2003, within the efforts performed to institutionalize the market economy and improve the competitive environment in order to update the current legal regulations in the petroleum and petroleum product industry and regulate the markets.

A lot of people who use the internet have the need to protect their privacy. However, the internet is still so new that online privacy laws are still being written and modified.

Debt Relief Websites are they trouble? Make sure you review the terms and conditions of any site before agreeing.

With its decision in Pulte Homes, Inc. v. Laborers' International Union of North America, the Court of Appeals for the Sixth Circuit has extended the reach of the federal Computer Fraud and Abuse Act ("CFAA") to mass e-mail and mass telephone call campaigns that diminish the operability of a company's e-mail and telephone systems.

Microsoft is currently in the process of acquiring the well known VoIP (Voice over Internet Protocol) provider Skype. This move has caused a great deal of concern to competing companies, some of which have filed objections in all applicable jurisdictions where the merger is being examined.

In a preliminary ruling passed by the Grand Chamber of the European Court of Justice on the 4th October 2011, the court laid down a variety of principles which may bring about changes for the television service market.

Defamation and Section 230 of the Communications Decency Act.

The author explains behavior marketing and its possible ramifications on people.

Don't think you need contracts for your website? Think again! Consult a lawyer today that specializes in internet law.

Over the last several years the pharmaceutical markets of some countries of the former Soviet Union have witnessed strengthening positions of domestic production of medicines, as well as the general tendency of the imported medicines substitution by the domestically produced pharmaceutical products (so-called “import substitution”).

The European Commission is persisting in its efforts to bring about further accessibility to consumers roaming within its borders by further standardizing the cost of voice calls, Short Message Service (SMS) and data transfer across the European Union whilst roaming. A new roaming regulation which will be updating the current one should be announced on the 6th July 2011 The regulation must be approved by the European Parliament and the Council of Ministers before being implemented.

The technological advances that have accompanied the digital age have presented lawyers in California and elsewhere with new challenges when conducting discovery for civil cases involving personal injury and wrongful death, as well as criminal ones. This article explores how constitutional protections have further complicated the process.

Until a few years ago, a mobile phone consisted of a handheld device which enabled a subscriber to make and receive voice calls whilst mobile, as opposed to accessing the public telephony network from a fixed location. As technology progressed, however, both in terms of the handheld device, and in terms of the transmission capabilities on mobile networks, the mobile phone became a ‘smarter’ device, combining voice services with e-mail, fax and/or Internet access.

In the European Commission’s Communication regarding the contribution of the regional policy in the area of smart growth in the Europe 2020 strategy, the central role of European regions in this process is primarily recognized.

You are a publisher of traditional hard copy content (newspapers, books, graphic novels, magazines, photographs) and your materials are in demand to fill the digital pipeline created by numerous web-based and mobile applications. Or, you are a media agency or corporate brand manager seeking to extend your footprint into the online space. You are eager to have millions of new eyeballs accessing your treasure trove. Your software developers are on board, ready to digitize.

Software piracy consists in illegally selling or using proprietary software. Despite their efforts, software producers have failed until now to reduce software piracy in a significant way. This article will first present an overview on software piracy and the type of activities that constitute software piracy, followed by possible lawful alternatives to piracy. Finally, the article will address the legal status of software piracy and possible sanctions against it in Belgium.

This article looks at the major legal issues associated with China's seed industry, as well as provides a snapshot of the main Chinese entities and government departments that are involved in the seed industry.

Stakeholders in Information and Communication sector recently reiterated their commitment to the passage of the anti-cyber crime bill into law.

There is a false sense of security that takes place when we log on to the internet, our smart phones, or some other form of electronic communication. Many of us seem to think that our true selves are separated from these pieces of technology and that our words and actions are anonymous and floating somewhere through the netherworld of cell phone towers and W-Fi hotspots.

Many laws and regulations concerning the Internet have recently entered into force in Turkey. But there is still no uniform legislation for digital evidence and the discovery of documents in digital format.

Website copying is common because of the popular myth that if something is on the Internet; it is in the "public domain" and therefore can be used by anyone.

Computer crimes and prosecutions on the rise: cyber espionage, theft of corporate trade secrets and identity fraud continue to increase.

California Supreme Court allows search of data stored on mobile phone without warrant.

The Operational Program Research and Development for Innovations (OPRDI) was implemented for public institutions in the industrial research and development sector. The aim of the program is to develop cooperation between universities and industrial enterprises, to support research and development at universities and research institutions, and to highlight supply and demand in the research and development sector.

After years of paralysis, Ukrainian business-related legislation is undergoing major changes. For instance, a new tax code came into effect in the New Year, and we can already hear the protests associated with the proposed new labor code. Meanwhile, completely undetected, a new law has quietly entered into force on January 1, 2011, entitled the Law of Ukraine No. 2297-VI “On Protection of Personal Data”, dated June 1, 2010 (hereinafter the “PDP Law”).

E-justice, the use of Internet technology in handling various administrative procedures before, during and after the administration of justice, provides a host of possibilities throughout the legal process, from lobbying through to the provision of remote authoritative legal information and certificates. It is seen by many as the key to streamlining and expediting justice.

Technology continues to integrate itself into virtually all aspects of our lives. Whether professional or personal, everything from e-mail, to social networking, to voice mails and other digitally based exchanges of information take place with increasing regularity. No matter what your station, technology is tied to our culture. The American Legal System takes measures (both proactive and reactive) to adapt so that rights and privileges are not compromised for organizations or individuals.

This article looks at some of the Chinese regulations that are most relevant to cloud computing in China. It is hoped that more comprehensive data privacy laws will receive attention in China in the near future.

Penny auction sites are popping up everywhere on the Internet, like mushrooms after a storm. The basis of their appeal from the bidders' point of view is the old something for nothing. If all goes right and their bid is the winner, then they've managed to get valuable items for dirt cheap. But it's harder to figure out the attraction from the site owner's perspective.

Why the debate is anything but neutral and why you should care.

Why a magazine is in hot water over a half-baked response to alleged copyright infringement.

The Internet is, as the cliché goes, "a marketplace of ideas." Whether a person has an opinion on politics, commerce, or even the show they saw on TV last night, there is always a forum to spread their opinion on, and that opinion will be available worldwide.

The author gives 5 important examples in Terms of Services.

Defamation is a serious problem on the Internet. For the same reason that the Web has become a great tool for research and mass dissemination of information, it has also become a tool for those who would seek to defame others.

Why are they important to have on your website?

Suppose you have an inside lock on the world's best widgets. Not now, but at some point in the indeterminate future, you intend to create an Internet e-commerce site from which you'll sell them.

Penny auction sites are popping up everywhere on the Internet, like mushrooms after a storm. You've seen their ubiquitous banner ads, perhaps without knowing what they are: 95% off Apple iPad 64GB! 46 inch flatscreen LED HDTV for less than a hundred dollars! Why pay full price for a SONY Playstation?

An article about Internet Privacy, "Do not track" list, and privacy legislation.

Privacy Policies are an important part to any website. A good privacy policy, drafted by an internet lawyer, seeks to protect against unauthorized access to the site, as well as the collection, use, and disclosure of any information of the end user. Interestingly enough, the right to privacy is nowhere in the United States Constitution. Nonetheless, the right to privacy has been shaped by the Court system as well as the internet.

Internet law is a relatively new field of legal practice: state and federal courts and agencies are creating it on an ad hoc basis, attempting to fit the highly specialized disputes that arise from website development, service provider liability, copyright/trademarks, and the professional scope of online businesses and affiliate marketers into preexisting legal frameworks.

Understanding the online business world can help you build value for your business. From the founding of your company, and every day thereafter, you should be thinking about maintaining a presence online and building relationships that will be of value. Each move you make can make your company more or less valuable. This advice applies to both local businesses and those wishing to operate in the global market.

The internet has been instrumental in helping businesses grow. Before putting your business on the internet, it is important to make sure you are complying with the law. There is a growing consensus that there is a quasi-relationship between every website owner and its visitor or viewer. Some of these duties are statutory, while others are contractual.

Software as a Service (SaaS), or sometimes known as cloud computing, has been hailed as the next level of modern software. SaaS offers significant advantages to businesses and consumers alike, both in its cost and ease of use. This article will provide a basic overview of SaaS and SaaS law and why developers and end users alike need to understand the role an SaaS attorney plays in this new software.

Lately there have been many questions from our clients in the internet marketing and blogging industry about the new Federal Trade Commission Guidelines. Specifically, whether an affiliate marketer or blogger must disclose certain information on their web page, and if so how the disclaimer must be presented. This article will highlight several portions of the new guidelines and offer a framework for clients in how to disclose certain information on their websites.

Summarize your business plans, goals, and time frames in order to become a successful internet marketer.

From its inception, the promise of the Internet has been parity. The Internet is fundamentally democratic. It does not discriminate between packets of information. It allows you to access the website of that tiny independent bookstore around the corner just as quickly as you access Amazon.com. It does not filter out access to digital forums where unpopular ideas or opinions are expressed. It does not transmit MSNBC content any more efficiently than it relays content from Fox News.

The Communications Decency Act, found in Section 230 of Title 47 of the US Code, was enacted in 1996 to provide website operators with immunity for third-party content. At the time, Section 230 seemed like the best approach to help the internet grow, as several court cases threatened to put many service providers such as AOL and Prodigy out of business. Yet, Section 230 of the CDA has caused many unintentional problems that, at the time, were probably never contemplated.

Now that California has adopted procedures for conducting E-Discovery, requests for electronically stored information (ESI) should be part of a routine discovery plan. Getting ESI in electronic form is better than paper because it contains more information, is easier to use and distribute, and eliminates wasteful printing. This article gives practice tips on conducting E-Discovery in California.

The author describes the 10 things you should know to market in Internet.

Internet law is a relatively new field of legal practice: state and federal courts and agencies are creating it on an ad hoc basis, attempting to fit the highly specialized disputes that arise from website development, service provider liability, copyright/trademarks, and the professional scope of online businesses and affiliate marketers into preexisting legal frameworks.

There is no specific regulation allowing or prohibiting online arbitration in Ukraine at the time.

The author gives some practical tips with respect to cloud computing agreements.

In the technology sector, mergers and acquisitions come with specific challenges. For tech companies, their ultimate purpose is to absorb the technology of the target company and to utilize it for the development of its own technology. Therefore the challenge is to overcome inherent hurdles in melding staff and technologies for a successful corporate transaction and fruitful product development. The author explains how to avoid the pitfalls when acquiring companies in the tech sector.

Is My Domain Name a Trademark? This is not only a common legal question but also a great question as the answer is - it depends! A domain name simply is an address on the Internet.

Whether your business has always been Internet based or your traditional brick and mortar business has evolved to a click and mortar business, you have a website. It's likely that you know that you need the fine print - "terms of use" and a "privacy policy."

The recent direction by the Ministry of Information and Communications to the effect that all mobile telecoms operators selling new Subscriber Identification Module (SIM) cards must obtain the data of prospective subscribers and that all previously obtained SIM cards must be registered without delay is no doubt a good policy aimed at reducing the incidents of technology related crimes.

New Yorkers Among Many Across Country Fed Up With The Notion That Someone Could Be Watching

The best way to avoid chemical burn injuries is through prevention. All chemicals should be properly labeled and stored, whether they are in the home or the workplace.

On 22 March 2010, China’s Ministry of Commerce, Ministry of Finance, General Administration of Customs and the State Administration of Taxation jointly issued Circular on Measures of Qualification Review for Tax Refund and Exemption Granted to Foreign-invested Research and Development Centers concerning Equipment Purchases to clarify the procedures that foreign-invested R&D Centers shall follow when claiming refund or exemption of import taxes imposed on purchase of equipment.

HP and 3Com Corporation (3Com) announced in November 2009 that they had entered into a definitive agreement under which HP will purchase 3Com, a leading provider of networking switching, routing and security solutions, at a price of $7.90 per share in cash or an enterprise value of approximately $2.7 billion. The Chinese government approved this transaction in early April 2010.

The Payment Card Industry (PCI) Data Security Standards (DSS) is a set of comprehensive requirements for enhancing the data security of customer details from card transactions. Find out why every company that is accepting online debit or credit card payment should be aware of these standards.

Paving the way for new standards in data security, on October 26, 2009, the Council of the European Union approved the directive amending Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector (the “Directive”).

China has just seen double-digit growth in its biotechnology industry and has gone from being one of the slowest to one of the fastest nations in the adoption of new biotechnologies. By 2010, the Chinese biotech market is projected to reach US$9 billion. This article gives a snapshot of the industry and major laws.

The Constitution specifically requires the independent regulation of broadcasting. Section 192 provides: National legislation must establish an independent authority to regulate broadcasting in the public interest, and to ensure fairness and a diversity of views broadly representing South African society.

Telecoms activities in Cameroon is administered by the Ministry of Posts and Telecommunications. But since communications is the knot which ties both the national and international business community together, the government in 1982 set up INTELCAM, a structure with a business outlook. While this state corporation managed international telecommunications activities, ACTEL was created alongside to take care of the internal telecommunications network.

Eavesdroppers, thieves and hackers are all out there -- but you can prevent them from accessing your secrets.

Jan Dhont comments on new data retention bill announced by the Belgian Ministry of Justice. “The proposed data retention requirements risk to violate consumer’s privacy and comes with a high cost. Belgian consumers are likely to pay twice for unpopular and privacy-unfriendly measures”, Mr. Dhont says.

On the final day of its term, the U.S. Supreme Court declined to review an important copyright case involving the legality of “remote storage digital video recorder” (“RS-DVR”) systems. At issue in the case was whether Cablevision’s RS-DVR system directly infringed on the copyrights owned by plaintiff content providers, which included Hollywood studios and television networks such as Twentieth Century Fox, University City Studios, Paramount Pictures and Disney.

Hawaii employers could have a federal civil remedy available in federal court in addition to the ability to invoke Hawaii criminal statutory law for damage caused to either network or company-owned computers by former employees.

Hawaii employers covered by HIPAA should review their privacy and HIPAA policies and conduct an audit of their practices in order to protect against the improper use and disclosure of private health information and to reduce the risk of privacy breaches in their own organization.

With the proposed amendments to the Electronic Communications Privacy Directive 2002/58 (hereinafter: “E-Com Directive”), the European Union is setting its first steps towards introducing information security legislation in Europe.

A large shift is underway in the telecommunications industry; many customers are transitioning from traditional telephone systems or Analog Communications [1] to Internet packet-based networks or VoIP.

In a nutshell Legal Knowledge Management (LKM) refers to - the collection, organization, dissemination, and reuse of knowledge contained natively within documents and individuals’ minds. The term specifically includes the development of standard forms, tools, and templates to streamline the delivery of service. This definition is quoted from the LKM White Paper One entitled: “Legal Knowledge Management A Holistic Model” dated April 2003.

Cyber crime is on the rise. That may not be a novel or new statement, but what is novel and new is the way that law enforcement, attorneys and judges are dealing with this new area of the law. Unlike the categories of the law that we’re used to, like family or bankruptcy, cyber law isn’t a body of law unto itself, but a collection of laws regulating how people behave when they use computers, networks and the Internet. It frequently also draws on both state and federal law.

Electronic evidence is quickly evolving into one of the most difficult areas of litigation to navigate. Hawaii businesses, especially human resource managers in employment disputes, must understand that it is extremely important to work closely with counsel to determine the extent of their discovery obligations.

This article summarizes some of the most important legal tips that every Internet entrepreneur should take into account for their online businesses in Spain, and to help them understand such legal risks, a key point in keeping their business healthy and profitable.

Sexting Among Children; Criminal Behavior or Brash Sign of the Times

Many employers today would for various reasons like to monitor their employees’ emails and Internet use. Such monitoring must be handled carefully in order to ensure that employers do not violate their employees’ constitutionally protected right to privacy.

Please Note: This work is licensed under a Creative Commons Attribution—Non-Commercial-No Derivative Works 3.0 Greece License.

This article discusses TRIPS-plus provisions in Costa Rican patent law, granting patent holders the possibility to request term extensions and restoration as a result of delays in the registration process or relating to effective patent term loss due regulatory approval of certain pharmaceutical products.

There is a paucity of fibre optic capability in the West African telecommunications industry. In addition to widening the digital divide between Africa and the rest of the world, this situation has resulted in slower Internet connections and expensive telecommunications facilities in the sub-region.