Authors: R-T

Rogers, Kevin (UK): Who gives a Triple-X about Triple-X?

Rohrmann, Carlos and Lyssandro Norton Siqueira (Brazil): Traditional Knowledge Associated with Biodiversity and Intellectual Propert

Rohrmann, Carlos Alberto; Fabiano Ferreira Furlan; Herbert José Almeida Carneiro and José Oswaldo Correa Furtado Mendonça (Brazil): Penal and Penal Procedural Aspects of the Crime of Copyright Infringement in Brazil

Ronzani, Daniel (Switzerland): The Absence of Legal Database Protection in the EPCglobal Network

Roosendaal, Arnold (Netherlands): Biomedics and Creative Commons: a Perfect Match?

Rusen, Gulenay (Turkey): Registrability of Colours and Smells Trade Mark

Sadawarti, Harsh (India): Fault Diagnosis in Interconnection network

Sasi, Arun (India, Scotland): Delineating Contract and Treaty Claims in International Investment Arbitration

Sathye, Milind and Patel, Chris(Australia): Developing financial intelligence: An assessment of the FIUs in Australia and India

Schmidt, Aernout (Netherlands): ICT and the Judiciary in the Netherlands- A State of Affairs

Siig, Kristina (Denmark): Multi-Party Arbitration in International Trade: Problems and solutions

Steennot, Reinhard (Belgium): Offering financial services over the Internet: is it really possible?

Strouhal, Jiri (Czech Republic): Do Czech Listed Companies Satisfy the Requirements on Reporting under IFRS/IAS: Application on Financial Instruments?

Sullabi, Mohammed and Shukur, Zarina (Malaysia): Model of CSCW for Z Specification Document
Who gives a Triple-X about Triple-X? by Kevin Rogers, University of Hertfordshire.
















Kevin Rogers LLB LLM, is a Lecturer in Law at the School of Law, University of Hertfordshire. He lectures on undergraduate and postgraduate courses, specifically on E-Commerce Law and data protection issues, as well as Company Law and Commercial Law. He has delivered papers at conferences on some of these issues and has published widely in numerous journals, including Business Law Review, Computer Law and Security Report, Data Protection Law and Policy and New Law Journal, on issues such as Internet governance, unsolicited commercial email (or 'spam'), data protection issues, contracting on-line and surrounding consumer protection issues.
He also co-edits the Hertfordshire Law Journal, which encourages critical contributions that consider international commercial law in its various contexts, across the full spectrum of public and private international law, international trade, cyber law (including e-contracts, e-finance, e-crime and data protection) as well as the wider commercial concerns. Kevin is on the executive committee for BILETA (British and Irish Law, Education and Technology Association) and is on the organising committee for the next conference, to be held at the University of Hertfordshire in April 2007. This conference attracts researchers, practitioners, academics and students from the UK, Europe and further afield to consider the relationship between information technology and the surrounding legal issues (e.g. data protection, privacy and security concerns).
Kevin also became a member of the Law Society's Electronic Law Committee in July 2006, which offers guidance to the legal profession on relevant issues concerning legislation and current technology.
Abstract
The decision by ICANN in May 2006, to reject the '.xxx' domain name, which would provide a designated domain name for pornographic websites was greeted by considerable consternation. Not only by those advocating its introduction (most notably ICM Registry), but also by those lobbyists concerned about American interference with the running of the Internet. This paper will chart the course of history of the '.xxx' domain name and examine whether such an introduction would be of benefit. This paper will also link in with the considerable debate concerning the American oversight of the Internet and consider whether the Internet Governance Forum, due to convene for the first time in October 2006 would have the ability to oversee such a controversial domain.
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Traditional Knowledge Associated with Biodiversity and Intellectual Property by Carlos Alberto Rohrmann, Faculdade de Direito Milton Campos - FDMC (Brazil).
Carlos Alberto Rohrmann (Doctor of Science of Law, UC Berkeley) is Professor of Law at Faculdade de Direito Milton Campos - FDMC (Brazil) and Director of the LLM program of FDMC- Brazil. Lyssandro Norton Siqueira is an LLM candidate , at the FDMC, Brazil and a state attorney MG.
Abstract
The search for world sustainable development has opened a new field of legal research. Countries are engaged in the debate about serious environmental law issues, such as the Kyoto Protocol and the Convention on Biological Diversity ( CBD). The CBD had defined some legal and policy issues related to biodiversity. The CBD also started the negotiation over an international regime regarding the access to genetic resources. The lack of proper legal rules has led to controversies regarding Brazilian biodiversity and the protection of the associated traditional knowledge. This article analyses the possible legal solutions for the regulation of traditional knowledge associated with biodiversity. In this research, we present the conflicts between the protection of traditional knowledge and the existing rules of Intellectual Property.
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Penal and Penal Procedural Aspects of the Crime of Copyright Infringement in Brazil by Carlos Alberto Rohrmann, Fabiano Ferreira Furlan, Herbert José Almeida and José Oswaldo Correa Furtado Mendonça.
Carlos Alberto Rohrmann is Professor of Law at Faculdade de Direito Milton Campos (Brazil)
Fabiano Ferreira Furlan is a Public Prosecutor
Herbert José Almeida Carneiro is a state judge
José Oswaldo Correa Furtado Mendonça is a State Judge
Abstract
Technological developments in recent decades have brought considerable repercussions to copyright holders in Brazil On one hand, because of the availability of resources, technology has enabled improvements in production; on the other hand, however, it has led to the possibility of practically uncontrolled effective reproduction with its consequent infringements. In order to protect the interest of copyright holders, the Brazilian legislature has amended article 184 of the Penal Code. This paper deals with the study of the penal aspects and the penal procedural aspects under the law due to this legislative initiative.
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The Absence of Legal Database Protection in the EPCglobal Network by Daniel Ronzani, Copenhagen Business School.


Daniel Ronzani is a Swiss attorney at law. Since 2001 he is employed in an international IT corporation, currently as senior negotiator for complex System Integrations and Strategic Outsourcing.
Daniel Ronzani graduated with a Master of Arts in Law (MLS) from the University of St. Gallen (Switzerland) and with a second Master of Laws (LL.M.) specialising in IP/IT law from the University of Toronto (Canada). He also holds a post-graduate course diploma in e-business technologies from the University of Applied Sciences in Rapperswil (Switzerland). He is presently writing his doctoral thesis on RFID as part-time PhD candidate in the Doctor of Business Administration programme (DBA) at the Copenhagen Business School, Department of Informatics (Denmark).
Abstract
The EPCglobal Network offers an efficient system for the deployment and administration of RFID in the supply chain management. Its partly decentralised structure triggers questions about data compiled in the EPC Information System and in RFID databases. This paper gives an overview of the base technology of an RFID system and the EPCglobal Network. It aims at directly applying the rulings of the landmark cases on copyright and database protection Feist (USA), CCH (Canada), and Horseracing / Fixtures (European Union) for RFID data compiled in the EPCglobal Network. It concludes that there is no strategic location advantage for RFID databases in the EPCglobal Network in either of the countries or regions.
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Biomedics and Creative Commons: a Perfect Match? by Arnold Roosendaal, Tilburg University
Arnold Roosendaal (LLB, Tilburg University) is taking his LLM (Law and Technology) at Tilburg University. He has extended his curriculum by taking courses in International and European Law, as well as Law and Technology. Currently, he is working as a student assistant at the Tilburg Institute for Law, Technology and Society (TILT).
Abstract
Biomedics is one of the most important new research fields. The development of drugs and health care is of major importance for the general public. To create more openness and to promote development, Open Source initiatives from the ICT domain have been applied to biomedics. However, certain problems arise ,especially when commercial companies are invited to join the projects. This paper aims at identifying the problems that occur as a result of the tension between traditional proprietary regimes and new approaches such as Open Source, and also tries to give a starting point for solving the issues.
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Registrability of Colours and Smells Trade Mark by Gulenay Rusen, Anadolu University.
Gulenay Rusen is a research assistant at Anadolu University, Law Faculty and also a PhD candidate in the field of Private International Law at the same faculty. Her research interests include not only Private international law, but also commercial law and especially intellectual property law. She took her LLB from Ankara University, Turkey and LL.M.(in the field of International Law) from Nottingham University, United Kingdom.




Abstract
The scope and functions of the modern trade mark have expanded as civilization continues to evolve into a modern technological era. In this paper, the issue of whether smells or colours have registrability as a trade mark is going to be examined under current trademark law in the European Union. Firstly, this article will examine the trademark and registration procedure. Secondly, it will analyse whether colours or smells have registrability as a trademark in the light of new EU legislation and cases. Finally, the paper will evaluate the success of registering colour or smell as a trademark.
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Fault Diagnosis in Interconnection network by Harsh Sadawarti, RIMT-Institute of Engineering & Technology, Mandi Gobindgarh, India.
Harsh Sadawarti received the B.E. Degree in Computer Technology from Nagpur University, Nagpur, India in 1994 & M.E. in Computer Science & Engineering from Thapar Institute of Engineering & Technology, Patiala, India in 2000. In 1994 he joined the Computer Industry for 2 years as Customer Support Engineer. In July 1996 he joined as Lecturer in Computer Science & Engineering at BBSB Engineering College, Fatehgarh Sahib, India. In 2001 he joined as Asst.  Professor cum Head of Dept at RIMT-Institute of Management & Computer Technology, Mandi Gobindgarh, India. He is currently Vice-Principal  & Professor in Dept. of Computer Science & Engineering at RIMT-Institute of Engineering & Technology, Mandi Gobindgarh, India. He is Pursuing his Ph.D in Computer Science & Engineering. His research interests are Computer Architecture, Parallel Processing, Computer Networks, Parallel & Distributed Systems.
Abstract
While a multiple-path interconnection network is capable of tolerating any single fault, the knowledge of the fault's location is required before it can adapt itself. An approach of on line single-fault detection is given. Based on a new fault-model, a system wide diagnostic procedure is developed to effectively detect and locate a single fault throughout a fault tolerant network as that proposed in (6). The model is realistic and has potential usefulness as a tool for modeling faulty states of larger switching elements (e.g., n x n switching elements, n > 2). Networks under diagnosis behave in a distributed control manner, i.e., a tag needed for establishing a path is conveyed by the same resources (switching elements and links) as those for transmitting data. Test vectors for appropriately setting switching elements when the procedure is conducted are presented. Faults are classified into two different groups each of which is dealt with separately to ease our diagnostic procedure.
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Delineating Contract and Treaty Claims in International Investment Arbitration by Arun Sasi, Glasgow University.
Arun Sasi is an LLM student at Glasgow University. He practiced as an advocate in the High Court and various districts of Kerala. His main area of interest is investment arbitration.






Abstract
This article analyses the most burning debate in international investment arbitration ie, whether international arbitral tribunals have jurisdiction over contractual claims and to what extend .Because of the nascent origin of the jurisprudence different tribunals have taken different stance on the issue This paper is an analysis of inconsistent decisions by various tribunals . The paper focuses on
1.Analysis of the concept of treaty claims and contract claims trying to differentiate between two.
2.The effect of broadly phrased dispute resolution clauses on the jurisdiction of the tribunal
3.Umbrella clauses : To what degree will sanctity clause elevate contractual claims to international claims
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Developing financial intelligence: An assessment of the FIUs in Australia and India by Milind Sathye and Chris Patel, University of Canberra.
Prof. Milind Sathye is a Professor and Deputy Head of the School of Business and Government at the University of Canberra. He is also Senior Associate of the Australiasian Institute of Banking and Finance, Certified Management Accountant, Institute of Certified Management Accountants of Australia, Winner of ANZ Bank Lord Aldington Fellowship for study of South Korean Banking and Winner of Asian Development Bank Japan Scholarship.




Abstract
This paper presents a comparative position of the extent of commonality or diversity in the rationale, objectives, processes used and outcomes achieved by financial intelligence agencies in India and Australia. An effective financial intelligence unit can make a significant contribution to combating serious financial crimes nationally and internationally. The agencies in these two countries are compared using the framework for assessment of financial regulatory agencies - suitably modified to capture the specialist role of such agencies. Information available at the website of the two agencies has been used. The study shows several commonalities and differences in the financial intelligence agencies in the two countries and points to operational and policy changes required making the units more effective. It is hoped that the study would encourage similar studies in respect of other FIUs and help contribute to making the global financial intelligence regime more robust.
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ICT and the Judiciary in the Netherlands- A State of Affairs by Aernout Schmidt, Leiden University









Prof.mr. A.H.J. Schmidt is the director of e-Law@Leiden, the Centre for Law in the Information Society and professor of Law and ICT at Leiden University.

Keywords: Rule of law, internet, information society, ICT-governance, cyberspace law

His inspiration: telecommunications- and computer applications rule an ever increasing portion of our daily lives. Where hides this ruling's legitimacy? What forces engineer its architecture? Can our legal system cope and prove to be sustainable? These questions lead to research projects (1) on legal requirements for regulation by architecture (e.g., digital rights management, security management and knowledge management) and (2) on legal requirements for regulation of ICT (e.g., governance of and responsibilities for information services and data collections).
Abstract
If you've seen the movie "The Servant" , you may recognize the feeling. How a servant can invade her master's environment and gradually take over control. The scenario is tightly connected with emotions: vulnerability of jurisdiction, abuse of culture, perverted reciprocity, lost autonomy and, finally, of decay. It takes little imagination to recognise the first signs of this scenario in a large number of IT-based environments, where service transforms itself from servant to master.2 I wonder whether the comparison holds true for the judiciary and its supporting computerization staff. That is the state of affairs referred to in the title of this contribution. The importance of the problems connected with it is too grave for putting aside without further thought or analysis.

I will first (I) give a short description of the recent organisational developments within the judiciary in the Netherlands, followed by (II) a short survey of the currently available technology and (III) an impression of things to come. From there I will deduct certain trends (IV), analyse those trends in the light of the question how dependent the judiciary is becoming of its information services and conclude that the reciprocities within and between the judiciary's sub-organisations represent great interest (V). An afterthought will conclude the paper (VI).
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Multi-Party Arbitration in International Trade: Problems and solutions by Kristina Maria Siig, University of Southern Denmark.
Kristina Maria Siig is Associate Professor of Law at the Institute of Law, University of Southern Denmark. She is an internationally -recognized maritime lawyer and a frequent speaker at conferences and seminars. Her main research interest includes topics related to international trade, in particular maritime law, choice of law and international arbitration. She finished her doctor of law at the Scandinavian Institute of Maritime Law, University of Oslo, Norway and her LLM at the University of Århus, Denmark.
Abstract
Legal disputes regarding international trade frequently involve more than two parties. This leads to problems, as the preferred means of dispute resolution within international trade - arbitration - tends to be ill- equipped to handle such disputes. Nevertheless, given that there is sufficient legal basis for a multi-party set-up, multi-party proceedings are a real option. This article discusses the problems encountered when arbitration as a means of dispute resolution is applied to a multi-party set-up, as well as to the different legal bases for multi-party proceedings - be they in the parties' agreement, in the Rules of arbitration institutions or in Procedural Law. Pointers as to when multi-party arbitration should be allowed are provided for in this article. Finally, Court alternatives to arbitration in multi-party situations are considered. It is concluded that despite its shortcomings in multi-party situations, arbitration is still the only real option to the parties in international business disputes, and that many of the shortcomings may be countered by skilful drafting of the arbitration agreement.
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Offering financial services over the Internet: is it really possible? by Prof.Dr.Reinhard Steennot, Ghent University (Belgium)







Reinhard Steennot obtained his law degree in 1998 and immediately joined the Financial Law Institute at the Ghent University (Belgium) as a full time researcher, sponsored by the Fund for Scientific Research.
Reinhard Steennot wrote a doctoral thesis on the legal aspects of electronic payment systems (2002), entitled: “Elektronisch betalingsverkeer: een toepassing van de klassieke principes”. In October 2003 he became professor at the Ghent University. Since then he teaches several courses, all relating to financial law and consumer law.
The research of Reinhard Steennot focuses mainly on issues of private banking law, consumer protection and electronic commerce. He is the author of several books (e.g. Financiële diensten op afstand) and many articles (mainly in Dutch). Other articles include: "The Single Payment Area", Journal of international banking law and regulation 2003, 481-487 and "Consumer protection relating to contracts concluded online: the European point of view", in Texas Consumer Law Journal 2005, 20-28.
Abstract
Modern means of communication are increasingly being used for the provision of financial services. This paper shows that although it is legally possible to conclude an agreement relating to financial services completely on-line, in practice it often remains impossible to perform all legal acts to conclude the contract electronically. However, this does not mean that consumers actually have to go to their financial institution to sign the contract, since many institutions enable consumers to enter into a distance contract. In view of this, this paper aims at examining the techniques which are being used by the European legislator to protect consumers, i.e. the obligation to provide certain information and the right to withdraw from the contract.
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Do Czech Listed Companies Satisfy the Requirements on Reporting under IFRS/IAS: Application on Financial Instruments? by Jiri Strouhal. University of Economics in Prague and the Department of Trade and Finance of the Czech Agricultural University (Prague)


Dr Jiri Strouhal is senior lecturer at the Department of Financial Accounting of the University of Economics in Prague and the Department of Trade and Finance of the Czech Agricultural University ( Prague). He graduated from the University of Economics in Prague in 2003 (Accounting and Financial Management) and passed his doctoral studies in 2005. In 2004, he received the lecturer's degree of IFRS (project of Phare). From 2006 he became the accounting expert of the Czech Chamber of Accountants. He is also the solver of the grant "Application of IAS 32 and IAS 39 in the practise of entrepreneurs in the Czech Republic". He worked as a financial analyst and a Company Financial Officer at AXA Assistance Czech Republic. He is the author of several monographers in the branch of accounting or corporate finance.
Abstract:
Although derivatives have been traded in the United States since around the middle of the nineteenth century, derivatives were unknown until recently in the Czech Republic. The situation changed around the second half of the nineties due to the macroeconomic shocks and government crisis in 1997 when interest rates increased significantly and the Czech crown devaluated daily. Companies felt the heavy impact of the unexpected change of market conditions. From 2001 to 2004, another unusual phenomenon occurred which shook the business sector. Had a prophet predicted it at the end of the nineties, he would probably have been slammed as crazy. The exchange rate of dollar against the crown dropped from over 40 CZK/USD to 20 CZK/USD. Companies which contracted with their customers in dollars and with their suppliers in crowns bore the exchange rate risk and frequently paid a lot when the dollar dropped. The world prices of oil and oil products have since rocketed so high that nobody would have expected it several years ago. This paper compares the reporting of the derivatives using IFRS with the Czech accounting legislature by the companies listed on the Prague Stock Exchange (PSE). The Study focuses on the differences in reporting of derivatives, and compares their qualitative advantages. Results of this study are based on the analysis of annual reports of the companies listed on the PSE. None of the analyzed companies followed the requirements of IFRS on reporting of the financial derivatives.

Model of CSCW for Z Specification Document by Mohamed Sullabi. University Kebangsaan Malaysia
Mohamed Sullabi is a PhD student at the Faculty of Science and Technology , University Kebangsaan Malaysia. His study research work is about collaboration in software life cycle. His work encompasses some areas: computer supported cooperative work, formal methods, and web-based collaborative writing




Abstract
Every stage in the development of a software system is a kind of specification. Software specifications will become the major reference document when the wok is shared through the software lifecycle. The work presented in this paper is aimed at introducing our collaborative model, which provides software developers with environment that helps them to collaborate on preparing and producing correct formal software specification.
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The Postal Acceptance Rule in the Digital Age by Hisham Tahat, Ala'eldin Ababneh and Marwan Al- Ibrahim. University of Aberdeen. Amman Arab University for Graduate Studies-Jordan
Hisham Tahat graduated from Yarmouk University - Jordan in 1994 having a first degree in law. He has completed his master degree in civil law in 1998 from Babylon University - Iraq. After that, he worked as a full-time Civil Law lecturer at Irbid National University from 1998 until 2002, and then he got the same position in Al al-Bayt University in the beginning of the academic year 2002-2003. He also qualified to the Jordanian Bar Association in 2002 before moving to Aberdeen where he is now researching for a PhD regarding the regulation of electronic contracting. His main research interest is in issues relating to the adequately of the law of contract formation in the electronic environment.
Dr. Ala'eldin Ababneh, Assistant Professor in Private Law at Amman Arab University for Graduate Studies-Jordan. He holds PhD in law\ Civil Law\ Amman Arab University 2004 and Master in Law from the Arab Research and Studies Institute in 1999. Dr. Ababneh has several published articles in law journals in aspects relating private international law and electronic commerce.
Dr. Marwan Al- Ibrahim is Assistant Professor in commercial and Company law, Amman Arab University for graduate studies - Jordan. He worked as Commercial law lecturer (1997-2002) and as a head of law department at Irbid national University (2002-2004). He holds LLM and Ph.D. degrees in private Law from the Arab Research and Studies Institute - Egypt. Dr. Al Ibraheem has several published articles in law journals in respect to commercial law and company law issues.
Abstract
This article examines the application of the postal acceptance rule to email acceptances. Different views have been argued against the application in this modern digital age of the traditional rule of postal acceptance, which was established in 1818 as a legal norm in contract formation. The paper presents the arguments and rationale behind the application of this rule and contends its applicability to the modern communication via e-mail. The paper posits the email is not an instantaneous method of communication, but can be viewed as a digital version of the normal post and thus the postal acceptance rule should apply to this kind of contracting.
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Effective Dispute Resolution System for Electronic Consumer Contracts by Zheng Tang. University of Aberdeen, UK.
Zheng Tang is a lecturer of law at the University of Aberdeen, UK. She holds a Master of Laws (LLM) in International Business Law, University of Manchester, UK, and Bachelor of Laws (LLB), Wuhan University, China. She is currently working on her PhD thesis at the University of Birmingham, UK. She has published in journals and conferences on issues dealing with the private international law in electronic transactions. Her main research interests lie in private international law in commercial transactions, and online dispute resolution (ODR).
Abstract
E-commerce increases the frequency of cross-border disputes between consumers and businesses. It is important to create an effective dispute resolution system for e-consumer disputes in order to ensure citizens' access to justice and improve the further development of e-commerce. The aim of this article is to draw a blueprint of such system, which basically includes three schemes, namely the self-help communication mechanism, the alternative dispute resolution scheme, and the judicial procedure. Specific attention will be paid to online dispute resolution (ODR) in each scheme. It also examines the current achievement within the EU in this area and makes suggestions for further progress.
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Extent of protection offered by the Indian Information Technology Act, 2000- A case study by Harish V Thakur, Lawyer, Nagpur, India.
Mr. Harish V. Thakur has obtained degree in Bachelor of Law from the Nagpur University in the year 1999 . He has done Post Graduate diploma in Cyber Law from the Asian School of Cyber Laws. He is registered as a Patent Agent under the Indian Patent Act. Currently he is practicing law since last seven years at the Nagpur Bench of the Bombay High Court as well as in the Trial Courts . His areas of practice include- Commercial law , Company law, Constitutional law, Banking and Insurance law, Labour & Industrial law, Commercial arbitration , Criminal Law , Cyber law and Litigation in Intellectual property rights. He has attended the first LSPI conference held at Hamburg, Germany in May 2006 .
Abstract
With liberalization of the economy, in recent times, India has become a hub of business outsourcing activity . At the same time, technological advancement has necessitated use of electronic means of communications and electronic data interchange in every business venture . This paper aims to analyse the nature and extent of legal protection that is offered by the Indian Information Technology Act , 2000 to e-commerce transactions and electronic data to business ventures in India . Boeing's proposed MRO project at Nagpur , India is taken as a case study so as to examine various provisions of the IT Act in the light of the requirements posed by a commercial venture . The paper also makes a comparative analysis of the extent to which the "Safe Harbour" Principles of data privacy protection adopted by the Organisations in the United States are met by the IT act .The paper observes that even though there is no dedicated legislation enacted in India pertaining to data protection, the IT Act does address some of the aspects of data protection . The paper also notes that the privacy of personal data and the rights of individuals flowing there from is one area which is not specifically covered by the IT Act . Except for aspects of maintaining data security , integrity and its enforcement the first four principles of the 'Safe Harbour Principles' namely notice , choice , onward transfer and access are not adequately covered under the IT Act . The paper calls for an urgent need to either amend the existing IT Act or to enact a new comprehensive legislation so as to be able to offer adequate standard of protection for data privacy in India in order to gain the confidence of the International business community.
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