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Journal of International Commercial Law and Technology
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  This is an Open Access Journal Open Access journal
     ISSN (Print) 1901-8401
     Published by International Association of IT Lawyers Homepage  [1 journal]
  • Data Mining and Data Matching: Regulatory and Ethical Considerations
           Relating to Privacy and Confidentiality in Medical Data

    • Authors: Thilla Rajaretnam
      Abstract: The application of data mining techniques to health-related data is beneficial to medical research. However, the use of data mining or knowledge discovery in databases, and data matching and profiling techniques, raises ethical concerns relating to consent and undermines the confidentiality of medical data. Data mining and data matching requires active collaboration between the medical practitioner and the data miner. This article examines the ethical management of medical data including personal information and sensitive information in the healthcare sector. It offers some ethical and legal perspectives on privacy and the confidentiality of medical data. It examines the international landscape of health information privacy protection, relevant Australian legislation and recommendations to improve the ethical handling of medical data proposed by the Australian Law Reform Commission.
      PubDate: 2014-11-28
      Issue No: Vol. 9, No. 4 (2014)
       
  • Comparative Legal Study of Intangible Cultural Heritage in the UK and
           China

    • Authors: Fang Zhou
      Abstract: In order to protect intangible cultural heritage (ICH), the United Kingdom (UK) and China have issued a series of laws in recent years. By comparing these two legal systems, this article analyses the merits and demerits of the two systems and explores a beneficial path to optimize the legal system of ICH in China.
      PubDate: 2014-11-28
      Issue No: Vol. 9, No. 4 (2014)
       
  • Digital content and the definition dilemma under the Sale of Goods Act
           1979: Will the Consumer Rights Bill 2013 remedy the malady?

    • Authors: Althaf Marsoof
      Abstract: The Sale of Goods Act 1979 (“SGA”) that is in force in the United Kingdom (UK) is ill suited for the Twenty First Century. Since the term “goods” defined in the SGA does not extend to the sale of digital content, buyers of digital content are robbed of the protection guaranteed by the implied terms found therein. This analysis considers the recent Consumer Rights Bill 2013 that was presented in Parliament by the UK’s Government and evaluates its suitability in overcoming the deficiencies in the SGA in relation to the sale of digital content.   
      PubDate: 2014-11-28
      Issue No: Vol. 9, No. 4 (2014)
       
  • A Cobweb of Exception to Copyright Law for Research Purposes

    • Authors: Ratnaria Wahid, Khadijah Mohamed
      Abstract: Access to copyrighted materials and resources for research purposes have been increasingly conducted across borders.  In certain circumstances, access to copyright materials that may be needed for research purposes may be restricted due to copyright law.  International copyright conventions do provide exceptions to copyright law for research purposes as what has been generally covered under the ‘three step test’.  However, this rule may be interpreted either narrowly or flexibly by member countries, which leads to different countries adapting different laws pertaining to it. This paper analyses the Malaysian copyright provision relating to copyright exceptions that may be used for research purposes and its recent amendments made in 2012 as compared to Australia and the United Kingdom provisions. This paper will discuss the implications of the recent amendment and further explains the future direction researchers could take to ensure the legality of their actions when using copyrighted materials for research purposes.
      PubDate: 2014-11-28
      Issue No: Vol. 9, No. 4 (2014)
       
  • Fighting counterfeiting: Importance of enforcement of intellectual
           property rights

    • Authors: Khadijah Mohamed, Ratnaria Wahid
      Abstract: Counterfeiting has currently been labelled as the crime of the twenty-first century. It has evolved into a much more lucrative business in very sophisticated ways. While there are many contributing factors to the proliferation of counterfeiting in recent years, the only real area where the government can make a difference is in setting up a responsive legal system that includes good enforcement. The aim of this paper is to examine the scale of counterfeiting activity derived from the seizure data issued by the World Customs Organization, emphasizing on the worldwide scenario. This is followed by examination on the motivations behind counterfeiting activity to identify gap in the existing enforcement mechanisms so that recommendations can be made to improve the competency of those mechanisms to address counterfeiting. The paper then critically examines and relates the reasons of why effective enforcement is necessary in the fight against counterfeiting.
      PubDate: 2014-11-28
      Issue No: Vol. 9, No. 4 (2014)
       
  • Private Law and State Paternalism: Too Much Legal Regulation of Private
           Life?

    • Authors: Carlos A. Rohrmann, Cristiane Rego
      Abstract: This article analyses the adverse effect of paternalistic attitudes adopted by the State, especially the legal regulation of private life.  Often, the State has adopted certain positions, especially through the issuance of rules and legal decisions in areas where Private Law and freedom of choice has prevailed, such as private contracts. Due to a protectionist position adopted by the State, legal regulation of private life has increased. The Judiciary resolves questions that arise daily in private orbit precisely because it is considered as the only social actor able to implement its own decisions. In such a way, this study seeks to analyze the possible consequences of this state altruistic posture. It is interesting to note that such a posture is authoritative at the same time, since individuals are considered eternally vulnerable and minimizes principles of Private Law. This, ultimately, could lead from a democratic system to an authoritarian one.
      PubDate: 2014-11-28
      Issue No: Vol. 9, No. 4 (2014)
       
  • Variability of fair and equitable treatment standard according to the
           

    • Authors: Lawal Oluwaseun Sadiq
      Abstract: The article provides a thorough examination of the fair and equitable treatment standard by considering what constitutes an act to be regarded as fair and equitable treatment of an investor and his investment, what are the criteria in establishing that there have been a breach of the fair and equitable standard in line with the interpretation in treaties, Bilateral Investment Treaties (BITs), decision of Tribunals etc. And finally should the criteria used vary based on the level of development, governance capacity and resources in the host State.
      PubDate: 2014-11-28
      Issue No: Vol. 9, No. 4 (2014)
       
  • Fine-Tuning Vietnam’s Electronic Transactions Law To Promote Growth
           in E-Commerce

    • Authors: Stephen E. Blythe
      Abstract: In the digital age, the E-signature has replaced the handwritten signature. Since 1995, there have been three generations of E-signature law: the first mandated use of the digital signature, the second recognized the legal validity of all types of E-signatures, and the third recognizes all types of E-signatures, but gives preferred status to the digital signature. Vietnam’s Electronic Transactions Law (“ETL”), enacted in 2005, is third-generation; it recognizes all types of E-signatures, but favors use of the digital signature. Accreditation requirements are specified for Certification Authorities (“CA”), the issuers of certificates and verifiers to third parties that a digital signature is that of a specific subscriber. The CA is responsible for maintaining the security of information that it receives from its subscribers. The CA must inform the subscriber of any limitations on the use of the certificate. If an accredited CA issues a qualified certificate, it must meet more stringent security requirements which can only be achieved with a digital signature. CA’s must maintain a publicly-accessible repository of certificates and the public keys which relying third parties can use to decrypt a subscriber’s message. A CA may incur legal liability for publishing a certificate with inaccurate information or for not issuing a private key to the subscriber corresponding to the public key in the repository. The ETL allows certificates issued by CA’s in foreign countries to be recognized if they provide sufficient security. The author recommends that the following provisions be added to the ETL: (1) consumer protections for E-commerce participants; (2) several new computer crimes; (3) information technology courts; (4) mandatory E-government; (5) explicit long-arm jurisdiction; and (6) recognition of legal validity of electronic wills.
      PubDate: 2014-11-28
      Issue No: Vol. 9, No. 4 (2014)
       
  • “Where Does a Wise Man Hide a Leaf?”: Modernising the Laws
           of Disclosure in the Information Age

    • Authors: Denise Wong
      Abstract: Litigation practice has been significantly altered by the advent of electronically stored information in daily corporate life. It is argued that the laws of disclosure should be updated to recognise that technology-assisted document review via keyword searching is crucial in ensuring that the costs of litigation are well managed. In order to facilitate keyword searching, a new legal concept of accuracy in the selection of keywords should be introduced into the laws of disclosure. At the same time, despite the adversarial nature of litigation, it is imperative that parties approach electronic disclosure with a spirit of collaboration in order to achieve collective savings of time and resources.
      PubDate: 2014-11-28
      Issue No: Vol. 9, No. 4 (2014)
       
 
 
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