Information Technology Law, Basic Study

Prof. Dr. Isabel Hernando
Prof. Dr. Isabel Hernando


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Table of Contents

Introduction

The Author

Introduction

Legal protection of its components: Intellectual property - copyright

Legal Protection of IT Components

Intellectual Property - Copyright: Basic Principles of Copyright Law Applicable to IT

Basic Principles of Copyright Law Applicable to IT 1. Differentiation Between Protected Work and Medium of Fixation 2. Original Creation 3. Absence of Formalities 4. Expression Versus Idea

Intellectual Property - Copyright: Protected IT Components

Protected IT Components 1. Databases/Multimedia Works/Compilations 2. Musical Compositions and Sound Recordings 3. Cinematographic and Audio-Visual Works 4. Photographic Works and Images of Applied Art 5. Texts, Literary Works (Electronic Mail, Files Attached to E-Mails, Files in FTP Servers, Newsgroup Messages) 6. Fictional Characters 7. Web Sites and Pages 8. Hypertext Links 9. Computer Programs

Intellectual Property - Copyright: Ownership of Protected IT Components

Ownership of Protected IT Components 1. IT Components Created by Employees 2. IT Components Created in Collaboration with Others 3. IT Components Created as a Collective Work 4. IT Components Created on Commission

Intellectual Property - Copyright: Categories of Rights to IT Components

Categories of Rights to IT Components 1. Moral Rights 2. Exploitation Rights

Intellectual Property - Copyright: Exceptions to the Author's Exploitation Rights

Exceptions to the Author's Exploitation Rights 1. Rights of Lawful Users in General 2. Rights of Lawful Users of Computer Programs 3. Rights of Lawful. Users of Databases

Intellectual Property - Copyright: Remedies Against Infringement of Protected Components

Other Intellectual Property Laws Applicable to IT Components: IT Components and Contracts

Legal protection of its components: Other intellectual property laws applicable to it components

Other Intellectual Property Laws: Application of Patent Law to IT Components: Software and Related Inventions

Application of Patent Law to IT Components: Software and Related Inventions 1. Patent Admissibility 2. Patent¿s Effects

Other Intellectual Property Laws Applicable to IT Components: Topographies of Semiconductor Products or Chips

Topographies of Semiconductor Products or Chips 1. Definition 2. Object of Protection 3. Content of Protection

Other Intellectual Property Laws Applicable to IT Components: Application of Trademarks to IT Components

Application of Trademarks to IT Components 1. Classification of Trademarks for IT Components 2. Uses of Trademarks on the Internet

Other Intellectual Property Laws: IT Components and Unfair Competition, Advertising and Defense of Competition

IT Components and Unfair Competition, Advertising and Defense of Competition 1. Acts Against Competitors 2. Acts Against Consumers 3. Acts Against the Competitive Marketplace

Electronic commerce: Commercial communications and services in the information society

Electronic Commerce

Commercial Communications and Services in the Information Society: Protection of the Public Interest

Protection of the Public Interest 1. Classification of the Interests 2. Specific Regulation of Public Interest

Commercial Communications and Services in the Information Society: Data Protection

Personal Data Protection 1. Regulation of Personal Data 2. Adequacy of Personal Data Protection

Commercial Communications and Services: Civil Responsibility in Information Technology Products and Services

Civil Responsibility in Information Technology Products and Service 1. Classification of Liability According to the Products and Services 2. Classification of the Responsibility arising out of activities

Commercial Communications and Services: Electronic Commerce and the Resolution of Cross-border Conflicts

Electronic Commerce and the Resolution of Cross-border Conflicts 1. Settlement of Cross-Border Conflicts by Courts of Law 2. Settlement of Cross-Border Conflicts Outside of Court

Commercial Communications and Services in the Information Society: Tax Implications of Electronic Commerce

Electronic commerce: Electronic contracts

Electronic Contracts: Formation of Electronic Contracts

Formation of Electronic Contracts 1. Basic Information to Consumers 2. Acknowledgement of Receipt

Electronic Contracts: Enforcement of Electronic Contracts

Enforcement of Electronic Contracts 1. Encryption and Confidentiality 2. Authenticity - Integrity and Electronic Signatures