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

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Presentation transcript:

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

Global E-Commerce

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

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

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

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

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

Regulation Compliance Telecommunications services –Internet Telephony –Telecom fraud –Developing Countries Financial Services Real State

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

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

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

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

Andres F. Rodriguez Direct dial:

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