Business Identification & Transactions: IP, Goods & Services, Transnational Contracts, Slides of Fundamentals of E-Commerce

Download Business Identification & Transactions: IP, Goods & Services, Transnational Contracts and more Slides Fundamentals of E-Commerce in PDF only on Docsity! Identifying Businesses (cont.)
Trade Marks
Registering business name or company name gives no intellectual property rights
Trade marks are nation based
Infringement of intellectual property rights can be misleading & deceptive conduct contrary to TPA Docsity.com Identifying Businesses (cont.)
Spoofing
Impersonation of reputable business
Uses
Web site with similar name; or
Email with embedded link
Relies on “human engineering”
Difficult to authenticate site Docsity.com Transactions
Form requirements
Language
Currency
Use of $ symbol may be misleading
Taxes
Licensing Docsity.com Transactions (cont.)
Implied Terms
Goods
Merchantable quality
Reasonable fit for purpose
Services
Supplied with due care and skill
Reasonably fir for purpose
Terms implied by TPA may not be excluded
May be limited for goods not ordinarily acquired for personal, domestic or household use Docsity.com Transnational Contracts
Governing Law
Jurisdiction clauses
May be ignored as an attempt to oust jurisdiction of local courts
Alternative Dispute Resolution (ADR) clauses
Conflict with local laws
TPA will apply if any part of transaction or pre- contractual negotiations occurs in Australia Docsity.com UCITA (cont.)
Developers can
monitor consumers computer
use Internet to switch off software on user’s computer
prevent users from publicising flaws in software
avoid liability for bugs
Prohibits reverse engineering (conflicts with Aust Copyright Act Docsity.com Hague Convention
Covers private international commercial litigation
Specifies which countries laws applies
Specifies which countries courts have jurisdiction
Provides for registration of foreign judgments
US opposes it
Prefers privately-run ADR Docsity.com European Union
Distance Sales Directive
Allows consumers to withdraw from consumer contracts within 7 days
Would apply to any sale to a EU consumer
Only 10 of 17 European nations have enacted it. Docsity.com