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Global E-Commerce

Creating your Global Electronic Business: LEGAL Pitfalls & Opportunities Presentation: Andres Felipe Rodriguez C. CybeRegulation Consulting Group. Global E-Commerce. International Treaties Borders Enforcement Jurisdictions. Global.

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Global E-Commerce

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  1. Creating your Global Electronic Business: LEGAL Pitfalls & OpportunitiesPresentation: Andres Felipe Rodriguez C. CybeRegulation Consulting Group

  2. Global E-Commerce

  3. International Treaties Borders Enforcement Jurisdictions Global Cyberspace vs. “Real World”

  4. PITFALLS Long arm jurisdiction Criminal responsibility (Illegal activities) Regulations compliance Trademark conflicts Double Taxation OPPORTUNITIES Easy “relocation” From Local to Global

  5. PITFALLS Criminal Responsibility (Trespass) New liability risks Name and Reputation OPPORTUNITIES No regulations Sale taxes Tariffs and customs duties. “Real World” to Cyberspace

  6. “Long Arm” Jurisdiction • France - damage • Saint-Tropez • UK - trademarks • “confusion” • Germany - content and domain names • Information and Communications Act • NY - Gambling Sites • Antigua

  7. Criminal Responsibility • Gambling Sites • Tax evasion • ISP - Europe • CompuServe - Germany • Trespass • Links • Search engines • Priceman vs. MySimon*

  8. Regulation Compliance • Telecommunications services • Internet Telephony • Telecom fraud • Developing Countries • Financial Services • Real State

  9. Double Taxation • International Treaties • Notion of “permanent establishment” • Web Site? • Server ?

  10. Trademark Conflicts • Porsche • Porno Sites • (Dilution-Blurring-Tarnishment) • Yahoo • Israel • Hasbro vs.. Clue Computing*

  11. Name and Reputation • Domain Names vs. Trade Marks • Web Site content • Unauthorized Links • White House *

  12. Conclusions • Legal issues: pitfalls • Short Term: Lobby for legal changes • E-Commerce globalization

  13. Andres F. Rodriguez andres@cyberegulation.comDirect dial: 202-7212371

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