Freedom of contract and the coexistence of trademark registrations in Colombia

In trademark systems such as the Andean Community, a state authority verifiesthat the marks are distinctive, lawful and do not affect third parties, and after that,given their ownership. In this context, particular interest has sparked the possibilityof individuals by agreements or statements of co-existence, are who ensure that theirsigns meet the conditions for simultaneous registrations.Such agreements for the coexistence of marks are problematic if one thinks thatthe holders of interests that would be available also seem to matter to consumers,competitors and the market. Therefore, define the scope of contractual freedom inthe field of trademark law, whose rules are considered imperative, acquire practicaland theoretical importance because its realization i) recognizes the risks that maybe relevant to evaluating trade agreements and ii) contributes to debates on the roleof private autonomy in areas reserved for non-derogable norms. Thus, this researchputs the declarations of consent for the coexistence of registrations in Colombia, ina larger scope of the limits of freedom of contract.

Partes, intervinientes y terceros en el recurso de apelación civil

El objetivo de la tesis doctoral es el análisis del recurso de apelación en el proceso civil desde su vertiente subjetiva. El estudio se centra en los sujetos que intervienen en el recurso de apelación, tanto en quienes han sido parte en primera instancia, com en los eventuales intervinientes o, incluso, terceros, es decir, aquellos sujetos que no han actuado en la primera instancia como partes originarias o intervinientes pero pretenden comparecer en apelación com intervinientes adhesivos. De otra parte, se ha analizado la bibliografía científica existente que trata sobre los diferentes aspectos de la teoría general de los recursos civiles, en especial sobre sus condiciones y presupuestos de adminsión. Si bien es cierto que no escasean valiosas obras relativas al objeto de la apelación, se echaban en falta, a mi juicio, estudios que abordasen específicamente y con la debida extebsión los aspectos subjetivos del recurso.

EZ-BUD : orçamentação na nuvem

Não é novidade que o paradigma vigente baseia-se na Internet, em que cada vez mais aplicações mudam o seu modelo de negócio relativamente a licenciamento e manutenção, para passar a oferecer ao utilizador final uma aplicação mais acessível no que concerne a licenciamento e custos de manutenção, já que as aplicações se encontram distribuídas eliminando os custos de capitais e operacionais inerentes a uma arquitetura centralizada. Com a disseminação das Interfaces de Programação de Aplicações (Application Programming Interfaces – API) baseadas na Internet, os programadores passaram a poder desenvolver aplicações que utilizam funcionalidades disponibilizadas por terceiros, sem terem que as programar de raiz. Neste conceito, a API das aplicações Google® permitem a distribuição de aplicações a um mercado muito vasto e a integração com ferramentas de produtividade, sendo uma oportunidade para a difusão de ideias e conceitos. Este trabalho descreve o processo de conceção e implementação de uma plataforma, usando as tecnologias HTML5, Javascript, PHP e MySQL com integração com ®Google Apps, com o objetivo de permitir ao utilizador a preparação de orçamentos, desde o cálculo de preços de custo compostos, preparação dos preços de venda, elaboração do caderno de encargos e respetivo cronograma.

El levantamiento del velo en la doctrina y la jurisprudencia ecuatoriana

La persona jurídica es un centro de imputación diferenciado, en el cual se limita la responsabilidad patrimonial de quienes se asocian. sin embargo, a veces esta figura puede ser mal utilizada para alcanzar metas prohibidas por la ley o para perjudicar a terceros. La legislación ha previsto mecanismos para evitar esta utilización indebida de la persona jurídica, pero, excepcionalmente, se dan casos en que la solución legislativa no es suficiente, por lo que, partiendo de los principios generales del derecho de la buena fe, la lealtad y la equidad, la jurisprudencia ha desestimado la personalidad jurídica y ha llegado hasta quienes, amparándose en la figura societaria, han pretendido burlar la ley o abusar del derecho. Se ha desarrollado la teoría del regard of legal entity, que recibe muchos nombres en español (se ha preferido el de levantamiento del velo) que permite al juez, excepcionalmente, levantar el velo que separa al espectador de la realidad, a fin de imponer a los responsables del fraude o el abuso, la responsabilidad que les corresponda. en primer lugar se hace una breve exposición de la teoría, reseñando lo que han dicho los autores, para continuar examinando la situación ecuatoriana, las disposiciones legales aplicables y las sentencias en las cuales los jueces se han referido a esta teoría, y concluir señalando la naturaleza procesal de la figura, la inconveniencia de dictar una ley que la incorpore al ordenamiento jurídico y el riesgo de una utilización masiva e indiscriminada.

Normality mining: privacy implications of behavioral profiles drawn from GPS enabled mobile phones

There is growing interest in the ways in which the location of a person can be utilized by new applications and services. Recent advances in mobile technologies have meant that the technical capability to record and transmit location data for processing is appearing in off-the-shelf handsets. This opens possibilities to profile people based on the places they visit, people they associate with, or other aspects of their complex routines determined through persistent tracking. It is possible that services offering customized information based on the results of such behavioral profiling could become commonplace. However, it may not be immediately apparent to the user that a wealth of information about them, potentially unrelated to the service, can be revealed. Further issues occur if the user agreed, while subscribing to the service, for data to be passed to third parties where it may be used to their detriment. Here, we report in detail on a short case study tracking four people, in three European member states, persistently for six weeks using mobile handsets. The GPS locations of these people have been mined to reveal places of interest and to create simple profiles. The information drawn from the profiling activity ranges from intuitive through special cases to insightful. In this paper, these results and further extensions to the technology are considered in light of European legislation to assess the privacy implications of this emerging technology.

IS capabilities for supporting post crisis regulatory compliance

The financial crisis of 2007-2009, has precipitated large scale regulatory change. Financial organizations are faced with implementing new regulations of considerable breadth and depth. Firms are faced with engaging in complex and costly change management programs at a time when profits are diminished. Furthermore, investors are becoming increasingly focused on compliance are seeking to ensure that organizations can demonstrate robust compliance practices as part of their due diligence process .The role of IS in underpinning stable, is paramount. IS allows the stable and consistent controls for meeting regulations in order to ensure long term effective compliance. Consequently, our study explores the IS capabilities which support the post crisis regulatory landscape. We identify eight key capabilities: Managing Internal Controls, Measuring Monitoring and Reporting Transactions, IS Development and Procurement, Managing Third Parties, Sharing and Selecting Best Practice, IS Leadership, Data Management and Enabling Cultural Change.

Contribution to collective harms and responsibility

In the present contribution, I discuss the claim, endorsed by a number of authors, that contributing to a collective harm is the ground for special responsibilities to the victims of that harm. Contributors should, between them, cover the costs of the harms they have inflicted, at least if those harms would otherwise be rights-violating. I raise some doubts about the generality of this principle before moving on to sketch a framework for thinking about liability for the costs of harms in general. This framework uses a contractualist framework to build an account of how to think about liability for costs on the basis of the presumably attractive thought that individual agents should have as much control over their liabilities as is compatible with others having like control. I then use that framework to suggest that liability on the basis of contribution should be restricted to cases in which the contributors could have avoided their contribution relatively costlessly, in which meeting the liability is not crippling for them, and in which such a liability would not have chilling effects, either on them or on third parties. This account of the grounds for contributory liability also has the advantage of avoiding a number of awkward questions about what counts as a contribution by shifting the issue away from often unanswerable questions about the precise causal genesis of some harm or other. Instead, control over conduct, which plausibly has some relation to the harm, becomes crucial. On the basis of this account, I then investigate whether a number of uses of the contributory principle are entirely appropriate. I argue that contributory liability is not appropriate for cases of collective harms committed by coordinated groups in the way that, for example, Iris Marion Young and Thomas Pogge have suggested and that further investigation of how members of such groups may be liable will be needed.

Reconsidering the scope of the equitable mortgage arising from deposit of title documents

This article examines the underlying fairness of applying equitable security presumptions to the deposit of title documents belonging to third parties. It argues that within such transactions, the focus of the equitable jurisdiction must be upon the intention of the owner of the title documents rather than presumptions arising from the fact of the deposit. It suggests that there is no logic in applying equitable presumptions, founded on the principles of part performance, to infer a security intention in transactions involving third party title documents. The fact that the parties to a loan advance may have intended to create a mortgage between themselves does not mean that the third party owner of the title documents also intended to create a mortgage. In third party transactions, the objectives of the equity jurisdiction are best achieved through a comprehensive assessment of the intention of all parties and the abolition of presumptions based upon the bare fact of title deposit.

A review of terrestrial bird atlases of the world and their application

We reviewed 272 bird atlases (standardised surveys intended to document the distribution of birds) from around the world. Atlases we located were conducted in 50 countries from six continents with most (82.4%) from Europe and North America. Atlases were mostly run by ornithological societies (67.1%), had amassed at least 27.9 million records of birds over an area roughly 31.4% of the land area of the Earth, and had involved at least 108 000 contributors. They had a modal data collection period of 4 years (some ran over several decades) and varied greatly in scale, covering local areas to entire continents (21 km² – 10 390 000 km²); atlases that covered larger areas involved more observers and generated more records. Most atlases (88.3%) were constrained to particular seasons, and most of these focussed on the main local breeding period (81.0%). Spatial sampling units ranged from 0.02 km² (2 ha) to 3092 km² and temporal units of sampling varied from 20 minutes to several years. Little information is available on the application of data generated by atlases. We focussed on five major atlases for which information was available. We located 97 scientific publications drawing on data from these five major atlases; papers most frequently focussed on bird distribution (26.8%), ecology (20.6%) and land-use planning (17.5%). Atlas books were cited often, 7–31 times per year. Provision of data to third parties from two major atlases (one from Australia and one from Britain and Ireland) was frequent and remarkably similar. Data were requested mostly for environmental impact studies (almost half of all requests), conservation policy and planning (~20%), research (~20%) and other mapping (~13%). Despite the uses we describe, atlas data seem under-utilised.

Nature of new order rights to minerals : a rubikian exercise since passing the mayday rubicon with a cubic zirconium?

The Mineral and Petroleum Resources Development Act 28 of 2002 has created new categories of rights to "minerals" that may be granted to applicants by the Minister of Minerals and Energy. In this article the nature of these rights will be examined. The legislature has labelled prospecting rights and mining rights to minerals as limited real rights in the MPRD Act. The remaining rights to minerals are not labelled. Provision is made for registration or recording rights in the revived Mining Titles Registration Act 16 of 1967 (as amended). Registered rights are claimed to constitute a limited real right binding against third parties. Discrepancies and contradictions regarding the nature of rights to minerals are created by the two statutes. It is concluded that only upon clarification of the provisions of the two sister statutes, would the nature of rights to minerals be more evident. The proposed amendment of section 5(1) of the MPRD Act would be in line with property doctrine based upon the common law and is to be welcomed.

Interjurisdictional allocation of multinational banking income : aligning taxation principles with economic activity

This thesis argues that one type of multinational entity – the multinational bank – poses particularly significant challenges to the international tax regime in terms of its current profit allocation rules. Multinational banks are a unique subset of multinational entities, and as a consequence of their unique traits, the traditional international tax regime foes not yield an optimal interjurisdictional allocation of taxing rights. The opportunity for tax minimisation, achievable because of the unique traits, and realised through exploitation of the traditional source and transfer pricing regime, results in a jurisdictional distribution of taxing rights which does not reflect economic reality. There are two distinct ways in which the traditional international tax regime fails to reflect economic activity. The first way that economic activity may not be reflected in the distribution of the taxing rights to income from multinational banking is through the application of traditional source rules. The traditional sources rules allocate income where transactions are completed rather than where the intermediation services are arranged. As a result of their unique commercial role as financial intermediaries, by separating intermediary economic activity from legal transactions with third parties, multinational banks may distort the true location of the activity giving rise to income. The second way in which the traditional tax regime may fail to reflect economic activity is through the traditional transfer pricing regime requiring related or internal transaction to be undertaken at an arm’s length price. The arm’s length pricing requirement is theoretically deficient in its failure to recognise the highly integrated nature of multinational banking. In practice, the arm’s length pricing requirement is also difficult, if not impossible, to apply to multinational banks because of the requirement of comparability. The difficulties associated with the current model have resulted in a subtle move by multinational banks towards global formulary apportionment. This thesis concludes that, for the international taxation of multinational banks, the current source regime should be replaced with a system that allocates profits for tax purposes on the basis of income source, with source determined using a unitary taxation or global formulary apportionment system. It is argued that global formulary apportionment is a theoretically superior model that provides both jurisdiction to tax and allocated profits on the basis of the economic activity that generates the income.

Security Issue challenging facebook

The advancement in Internet and bandwidth has resulted in a number of new applications to be developed; many of these newer applications are described as being Web 2. A web 2 application such as Facebook has allowed people around the world to interact together. One of the interesting aspects of Facebook is the use of third parties applications and the interactions that this allows.

Not surprisingly, the problems that exist in the real world such as theft, fraud, vandalism also exist in online environment, and Web 2 applications are not exception to these issues. This paper explores and categorises several security issues within the Facebook environment. It contributes to practice and research by emphasising the importance of security awareness for businesses and the general public in the use of Web 2 applications such as Facebook.

A privacy preserving service broker architecture for data sharing

The problem addressed in this paper is how to ensure data privacy concerns when data is shared between multiple organisations. In domains such as healthcare, there is a need to share privacy-sensitive data among autonomous but cooperating organisations. However, security concerns and compliance to privacy regulations requiring confidentiality of the data renders unrestricted access to organisational data by others undesirable. The challenge is how to guarantee privacy preservations for the owners of the information that are willing to share information with other organisations while keeping some other information secret. Therefore, there is a need for privacy preserving database operations for querying data residing at different parties. To address this challenge, we propose a new computationally efficient framework that enables organisations to share privacy-sensitive data. The proposed framework is able to answer queries without revealing any useful information to the data sources or to the third parties.

Case Study from Australia Post : towards the online economy with netPOS

Examines how the "old economy" of the traditional postal service has changed over time and how Australia Post is adapting to the many pressures that threaten its existence. With increasing adoption of e-mail as a means of communication, increased competition as a result of deregulation, and the strain of servicing a country with huge distances between inhabited locations and low population density, Australia Post needed to find a solution that would ensure the long-term viability of its business. The retail sector, with its 4,000-plus post office outlets, processed many different types of across-the-counter financial transactions, including banking transactions and utility payments. A project team was established to address the fundamental issue of how to structure the IT infrastructure to enable retail outlets to generate future revenue flows for Post. However, having established the Internet-based infrastructure to connect the extensive chain of retail outlets, the question was whether this new infrastructure would successfully entice third parties to buy into the model.

Augmenting trust establishment in dynamic systems with social networks

Social networking has recently flourished in popularity through the use of social websites. Pervasive computing resources have allowed people stay well-connected to each other through access to social networking resources. We take the position that utilizing information produced by relationships within social networks can assist in the establishment of trust for other pervasive computing applications. Furthermore, we describe how such a system can augment a sensor infrastructure used for event observation with information from mobile sensors (ie, mobile phones with cameras) controlled by potentially untrusted third parties.