BULW 3310 Exam 2

International Law

Comprises treaties, customs, trade regulation agreements, protocols, accords, conventions and organizations, that govern relations among nations. Participation is voluntary.

North American Free Trade Agreement (NAFTA)

Created to allow the free movement of goods between Canada, Mexico, and the U.S. by lessening and eliminating tariffs 1992

Expropriation

Forced transfer of assets from a company to the government with compensation

Children's Online Privacy Protection Act-COPPA

imposes certain requirements on operators of websites or online services directed to children under 13 years of age, and on operators of other websites or online services that have actual knowledge that they are collecting personal information online from a child under 13 years of age.

purely social contracts

court doesn't generally get involved in (mob)

Cybersecurity and Infrastructure Security Agency Act

created CISA, a component of the Department of Homeland Security and the federal agency responsible for protecting critical infrastructure in the United States. The federal government has issued sector-specific guidance for critical infrastructure operators and the nuclear, chemical, electrical, government-contracting, transportation and other sectors and other sectors which have detailed statutory and regulatory requirements.

Protection of trade secrets

extends to both the idea and its expression. (Unlike copyright protection). There are no registration or filing requirements. Usually all employees who have access to it agree in their contracts or in confidentiality agreements never to divulge it. a federal crime (Economic Espionage Act). Violators can receive up to 10 years in prison and up to $500,000 in fines.

Nomophobia

fear of being out of mobile phone contact 40% of population

Health Insurance Portability Act (HIPPA

includes cybersecurity requirements applicable to protect health information in the possession of certain covered entities and their business associates.

Cookies

information that a Website puts on your hard disk so that it can remember something about you at a later time. It's a small text file that contains your identification information and is uniquely yours and can only be read by the server that gave it to you. It does not deliver viruses.

intellectual property

intangible creative work that is embodied in physical form and includes copyrights, trademarks, and patents. 11 billion a year in losses from pirates.

trade agreement

intergovernmental agreement designed to manage and promote trade activities for specific regions, encourage more trade between countries.

Fanciful Trandmarks

invented words like Xerox or Kodak

CAN-SPAM Act of 2003

laws that the US Federal Trade Commission (FTC) enforce regarding false advertising and prohibit senders of spam from sending spam to recipients who have requested not to receive such emails (Establishes requirements for commercial email, spells out penalties for email senders, and gives consumers the right to have emailers stop sending emails to them.)

Trade-Related Aspects of Intellectual Property (TRIPS)

made by (WIPO)

Federal Trade Commissions Act-Section 5(a):

makes it an unfair and deceptive practice if a company fails to implement reasonable cybersecurity measures.

2011 Law America Invents

means that a patent comes into being when your application is filed (you used to have to wait until your application was approved)

Descriptive term/ Geographic term/ Personal Name Trademark

will not receive trademark protection under the law until they acquire a secondary meaning. Examples of personal names that have acquired a secondary meaning and thus can receive trademark protection are Ralph Lauren, Kate Spade, and Calvin Klein).

not an offer

1. Expression of Opinion (hand will heal in 4-5 days) 2. Statement of Future Intent (I plan to sell my stock at $150 a share) 3. Advertisement, catalogues, circulars: Invitation to make an offer 4. Auction, preliminary negotiation: Invitation to make an offer

offer can revoke prior to acceptance unless

1. option contract- promise to keep open in exchange for payment 2. unilateral contract - substantial performance has occurred

3 elements of an offer

1. serious intent by the offeror to be bound to an agreement 2. reasonably definite terms 3. communication to the offeree

When can you register a trademark?

1.) it is currently in commerce or 2) if you intend to put the trademark into commerce within 6 months. Sometimes that 6 month period can be extended to 30 months so 36 months or 3 years total. During this waiting period your trademark is protected.

The Digital Millenium Copyright Act (DMCA

1988- If you bypass encryption software or other technological antipiracy protection or manufacture or sell devices designed to do so you will face civil and criminal penalties. exceptions-to test computer security, conduct encryption research, protect personal privacy and enable parents to monitor their kids use.

commercial software is pirated

37%

Unenforceable Contract

A contract in which the essential elements to create a valid contract are met but there is some legal defense to the enforcement of the contract.

Formal Contract

A contract that by law requires a specific form, such as being executed under seal, to be valid.

Implied Contract

A contract that comes about simply from actions of the parties.

informal contract

A contract that does not require a specified form or formality in order to be valid.

Executed Contract

A contract that has been completely performed by both parties.

Voidable Contract

A contract that may be legally avoided (canceled, or annulled) at the option of one of the parties.

Unilateral Contract

A contract that results when an offer can be accepted only by the offeree's performance. example capture of criminal

Act of State Doctrine

A doctrine providing that the judicial branch of one country will not examine the validity of public acts committed by a recognized foreign government within its own territory.

Tariff

A government tax on imports or exports, to protect domestic companies from foreign competitions.

Doctrine of Promissory Estoppel

A promise justifiably relied upon by the promise Substantial economic detriment to the promise if the promise is not fulfilled An injustice will occur unless the contract is enforced (one party has substantially preformed in order to accept offer)

offer

A proposal by one party to another intended to create a legally binding agreement. (offer can revoke prior to acceptance unless 1

Statue of Frauds

A state statute under which certain types of contracts must be in writing to be enforceable. 1. Land 2. longer than one year 3. collateral or secondary (co-signing) 4 Prenuptial Agreements 5 sale of goods more than $500

objective theory of contracts

A theory under which the intent to form a contract will be judged by outward, objective facts (what the party said when entering into the contract, how the party acted or appeared, and the circumstances surrounding the transaction) as interpreted by a reasonable person, rather than by the party's own secret, subjective intentions.

Bilateral Contract

A type of contract that arises when a promise is given in exchange for a return promise.

Sovereignty

Ability of a state to govern its territory free from control of its internal affairs by other states.

Intellectual Property Licensing

An agreement by the owner of intellectual property to permit another to use a trademark, copyright, patent or trade secret for certain limited purposes.

World Intellectual Property Organization (WIPO)

An international organization for the protection of intellectual property. WIPO administers 23 international treaties and is one of 16 specialized agencies of the Untied Nations. 183 nations are part of the WIPO and its headquarters is in Geneva, Switzerland.

Quasi Contract

An obligation or contract imposed by law (a court), in the absence of an agreement, to prevent the unjust enrichment of one party.

Article 2 of the Uniform Commercial Code (UCC)

Article 2 covers the sale of goods contracts in all states except Louisiana. "Sales Law" is simply a branch of contract law.

top-level domain

Domains (including .net, .org, .com, .mil. and the set .xx country codes) at the end of a domain name are the highest level of the domain name hierarchy.

Bureau of Industry and Security (BIS)

In the U.S. Department of Commerce, the department responsible for export administration regulations that cover encryption technology in the United States.

World Trade Organization (WTO)

International organization derived from the General Agreement on Tariffs and Trade (GATT) that promotes it free trade around the world.

General Agreement on Tariffs and Trade (GATT)

International treaty that committed signatories to lowering barriers to the free flow of goods across national borders and led to the WTO

The Communications Decency Act (CDA

Internet Service Providers are not liable for publishing defamatory statements that come from a third party.

Meta tags

Key words inserted into the HTML (hypertext markup language) code to tell the Internet browsers specific information about a Web page. Meta tags increase the likelihood that a site will be included in search engine results even thought the site may have nothing to do with the keywords.

Contract Law

Law that refers to agreements between individuals and entities that are binding (makes the free exchange of goods and serves possible)

Consumer Privacy Protection Act of 2017

Misuse of consumer data. Applicable to all institutions which access, collect, store, use and transmit personally identifiable information of more than 10,000 U.S. citizens. Misuse of data can lead to a fine of up to $5 million and an additional $5 million if it is intentional.

contracts involving real estate, services, intangible property (stocks bonds), & employment contracts

NOT subject to the (UCC) It IS common law (case law or decisions by judges)

Fair Use Exception

No infringement if reproduced material is used for criticism, comment, news, teaching, and research

Extraterritorial Right

Rights which guaranteed foreign residents could follow the laws of their own government rather than those of the host country

Dumping

Selling goods in another country below market prices

Restatements of the Law

Summaries of common law rules in a particular area of the law. Restatements do not carry the weight of law but can be used to guide interpretations of particular cases.

Electronic Communications Privacy Act

Title 1-prohibits any person from intentionally intercepting a wire oral or electronic communication by using a mechanical device. Title 2- stored communication act addresses access to stored information such as emails (prohibits access to password protected websites without consent. )

second-level domain

Unique name within a top-level domain Yahoo.com, Whitehouse.gov, Unesco.org

Spam

Unsolicited junk e-mail

Trademark Infringement

Using a trademark without authorization. Someone else has used it in its entirety or copied it to a substantial degree, intentionally or unintentionally.

Expresses contract

a contract, written or verbal, that describes what each party in the contract will do

The Signatures in Global and National Commerce Act (E-Sign Act):

a federal statute applicable in interstate and foreign transactions that provides that a signature, contract, or other record "may not be denied legal effect, validity, or enforceability solely because it is in electronic form

confiscation

a government's taking of a privately owned business or personal property without a proper public purpose or an award of just compensation

Economic Espionage Act (1996)

a law that makes the theft of trade secrets by foreign entities a federal crime in the United States

Foreign Corrupt Practices Act

a law that prohibits U.S. corporations from making illegal payments to public officials of foreign governments to obtain business rights or to enhance their business dealings in those countries 1977

intermediary

a negotiator who acts as a link between parties

ICANN

a non-profit corporation that oversees the distribution of domain names

international trade agreement

a treaty in which a country promises to engage in less trade protection against the exports of other countries in return for a promise by other countries to do the same for its own exports

Elements of a Contract

agreement, consideration, capacity, legality

Principal of Comity

allows all judgments entered into by a US court to be given full faith and credit in foreign counties.

Trade Secret

any information that can be used in the operation of a business or other enterprise and that is sufficiently valuable and secret to afford an actual or potential economic advantage over other. Ex: customer lists, recipes, proprietary ingredients in a substance like those used in fracking, pricing information, marketing techniques and production methods. (does not require registration) (idea and expression)

General Data Protection Regulation (GDPR)-

applies to EU states but if a U.S. organization offers goods or services to EU citizens you must notify them within 72 hours of a data breach.

Federal Information Security Management Act (FISMA)-

applies to every government agency and requires the development and implementation of mandatory policies, principles, standards and guidelines on information security.

The CLOUD Act

authorizes law enforcement to access certain information held by a U.S. based service provider even if the data is located in another country.

Drafting a contract

avoid ambiguities, terms you don't understand, multiple word or provisions meaning the same thing, terms you know you will not fulfill, unrealistic absolutes ("Best efforts" "Immediately"). Address every problem as the contract is being drafted! The court will not protect you from entering an unwise deal.

US department or commerce

cabinet department fo US government concerned with promoting economic growth

Contracts

common law (each state has its own) can ck out restatements of contracts at the library to learn about each states.

Defense to Mutual Assent

mistake- of important fact to the subject matter of the contract (unilateral-one or bilateral-both) duress- (fear) undue influence- dominant party so influences another to agree to point other parties volition is destroyed. fraud or misrepresentation- intentionally deceived innocent misrepresentation-

Cybersecurity Information Sharing Act

organizations may share cyber threat indicators or defensive measures (voluntary)

U.S. Safe Web Act

passed in 2006 and allows the Federal Trade Commission (FTC) to share information with foreign agencies investigating fraudulent spamming.

Patent

protect inventions, must be novel ie., something that is different in an important way from all previous inventions. It must have some use and that use must be non-obvious. Non-obvious means that someone who understands the technical area of the invention would see the invention as a surprising development in the field. Last 20 years once application is filed not approved. Once it expires it cannot be revived. The product or process enters the public domain and anyone can make, sell, or use the invention without paying the holder. federal matter

Trademark

protects something that is used to identify where a product or a service comes from. it describes something but is not the thing being described. a distinctive mark, motto, device or emblem that a manufacturer stamps, prints or affixes to the goods it produces so that they may be identified and distinguished from others. An finite period of time but can be renewed every 10 years (common law or government registered)

Copyright

protects the EXPRESSION of a person's ideas but NOT the idea itself. protection is given to creative works like writing, computer programs, music, lyrics, graphic designs, sculpture, photographs, movies and sound recordings. Must be original ( not an exact copy of another work). As soon as you create your work you automatically have this protection. Registration with the United States Copyright Office (department within the Library of Congress) is necessary to defend protection, but registration is not what creates the it. last for your lifetime plus 70 years (publishers and multiple authors get a longer period. Federal matter

Cybersecurity Enhancement Act of 2014

provides an ongoing, voluntary public-private partnership to improve cybersecurity and strengthen cybersecurity research and development, workforce development and education and public awareness and preparedness.

Cybersquatting

registering a domain name that is the same as or confusingly similar to the trademark of another and then offering to sell it back to the trademark owner. (bad faith intent)

Typosquatting

registering a name that is a misspelling of a popular brand (googl.com or appple.com)

Federal Exchange Data Breach Notification Act of 2015

requires a health insurance exchange to notify each individual whose personal information is known to have been acquired or accessed as a result of a breach of security of any system maintained by the exchange as soon as possible but not later than 60 days after discovery of the breach.

Gramm-Leach-Bliley Act

requires financial institutions to implement written policies and procedures that are reasonably designed to ensure the security and confidentiality of customer records and protect against anticipated threats and unauthorized access and use.

The Uniform Electronic Transactions Act (UETA):

sets forth the basic rules regarding contracts entered into by parties that agree to conduct intrastate business electronically.

Suggestive Trademarks

suggests an association with the product without describing the product directly. Dairy Queen suggests an association between its products and milk but it doesn't directly describe ice cream.

Nationalization

takeover of property or resources by the government

a good

tangible and movable

Uniform Commercial Code

the body of laws governing commercial transactions in the US. (statutory law) 11 articles

law of comparative advantage

the idea that a nation is better off when it produces goods and services for which it has a comparative advantage

Cybersecurity Protection Advancement Act of 2015

this law amends the Homeland Security Act of 2002 to allow the Department of Homeland Security's national cyber security and communications integration center (NCCIC) to include tribal governments, information sharing, and analysis centers and private entities among its non-federal representatives.

Arbitrary trademarks

those that use common words in an uncommon way that is non descriptive, such as "Dutch Boy" as a name for a paint.

Infrengment

use copyright patent or trademark without permission

Linde v. Arab Bank

was the first terror financing case to go to trial, and could lead to a modification of the U.S. law surrounding terror financing by emphasizing the responsibility of banks to monitor clients for whom they are banking. In August 2015, the Arab Bank reached an undisclosed settlement which covered all of the claims brought by the plaintiffs under the federal Anti-Terrorism Act, a total of about 500 plaintiffs. The settlement was reached three days before a first-of-its-kind damages trial was supposed to start.