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Journal of International Commercial Law and Technology
  This is an Open Access Journal Open Access journal
     ISSN (Print) 1901-8401
     Published by International Association of IT Lawyers Homepage  [1 journal]
  • Creating Appropriate Legal Framework in the Utilization of Intellectual
           Property Products

    • Authors: Hayyan ul Haq
      Abstract: Evaluating the consequences of the existing creator and inventor doctrine on access to public goods, this paper investigates the ways of finding the most adequate legal protection that may bridge public interest and private interest in this respect. For that reason, this work will not only re-examine the status of exclusive intellectual property rights, but also its implication in Indonesia. In addition, it proposes the embodiment of humanistic rationalisation and the U-Principle in order to protect public interest. This protection is meant to create an ideal legal framework for expanding broader public access to any essential product in the field of food, agriculture, health and education in order to maintain the sustainability of collective life.
      PubDate: 2014-03-30
      Issue No: Vol. 9, No. 2 (2014)
  • The Criminalisation of Identity Theft under the Saudi Anti-Cybercrime Law

    • Authors: Suhail Almerdas
      Abstract: This article examines the capability of Saudi law to tackle a widespread type of cybercrime: identity theft. It begins with an overview of the meaning of the term ‘identity theft’. Then, an overview of acts related to identity theft, including obtaining identity-related information, transferring identity-related information and possessing identity-related information, are provided. The article then examines the extent to which legal measures enacted in Saudi Arabia can tackle the problem of identity theft that occurs in cyberspace.
      PubDate: 2014-03-30
      Issue No: Vol. 9, No. 2 (2014)
  • Rethinking Copyright Reform: Should China Imitate or Innovate'

    • Authors: Jie Hua
      Abstract: The revision of copyright law is influenced by the development of technologies. The emergence of personal computer and internet brings technological innovation reshaping copyright law in a continuously expansive trend. However, copyright expansion should not be unlimited when appropriate access and exploitation of copyrighted works is in danger. As a developing country where knowledge and information resources are inadequate, China would better initiate an innovative strategy in the new round of copyright reform rather than imitate legislative models of developed countries that over intensifies copyright protection. The innovative strategy should well address the issues of access, dissemination and exploitation of copyrighted works and balance the interests in
      rights among copyright holders, technological intermediaries and public users.
      PubDate: 2014-03-30
      Issue No: Vol. 9, No. 2 (2014)
  • Electronic Contracts and Cloud Computing

    • Authors: Farisa Tasneem
      Abstract: The maxim that ‘information is power’ is relevant now more than ever. Until recently, most information was scattered, disorganized and awkward to find then acquire. Google was one of the first to realize how digital technology changed that by encoding information as 1s and 0s. Google’s corporate mission is to organise the world’s information and make it universally accessible and useful. Facebook’s mission is to give people the power to share and make the world more open and connected.  The relations between Google, Facebook and other social spheres on the internet emphasize their ‘relative autonomy.’ The intuition behind the ‘relative autonomy’ formula is that they are neither wholly independent of, nor entirely reducible to, political, legal, economic and other social processes. This article examines the relation between Google, Facebook and other social spheres. The theory examined will be Niklas Luhmann’s theory of ‘autopoiesis.’ This article presents autopoietic theory with particular attention to the way in which Luhmann reformulates the ‘relative autonomy’ problem. Throughout, the article focuses on the connections between autopoietic theory and issues of Google, Facebook and contemporary legal theory.
      PubDate: 2014-03-30
      Issue No: Vol. 9, No. 2 (2014)
  • Money Laundering and Banking Secrecy in the Jordanian Legislation

    • Authors: Ahmed Adnan Al-Nuemat
      Abstract: Crimes targeting to damage the property of natural and legal individuals including states are in existence while the objective of people, groups and the entire organizations when committing crimes is illegal property gain in the structure of national, but also of global crime. However, they are insufficient hence they attempt to decriminalize money or other property earned in such manner, e.g. by inserting them into lawful operations and flows. Nonetheless, perpetrators of this kind of crime attempt to hide the right source of money or profit earned in such manner using all means possible.Banking secrecy is one of the main barriers that stand in front of anti-money laundering because it comprises of a barrier to access to bank deposits, and a protection for doubtful funds since it is one of the conventional rules pertinent to the work banks, where clients’ secrets and banking operations are saved by Bank’s commitment by law and custom unless there is provision in the law or in the agreement stating otherwise. This study is aimed at indicating the most significant stages and techniques of money laundering at banking institutions in Jordan and also discussing the function of the Jordanian banks in the light of the pertinent legislation
      PubDate: 2014-03-30
      Issue No: Vol. 9, No. 2 (2014)
  • Book Review: Drafting and Negotiating IT Contracts, 3rd ed

    • Authors: Eliza Mik
      Abstract: This book is basic. Basic in the good sense: it is the first go-to work for IT professionals, especially procurement or contract managers and possibly also for lawyers that are starting their careers in the field of negotiating and drafting IT contracts. ACCESS PDF FILE FOR FULL REVIEW.
      PubDate: 2014-03-30
      Issue No: Vol. 9, No. 2 (2014)
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