Authors


Råman, Jari (Finland): Building lawful interception capabilities: Need for legal safeguards

Riley, Patrick (USA): The Tolls of Privacy: An Underestimated Roadblock for Electronic Toll Collection Usage

Ronzani, Daniel (Switzerland): Modality Mix of RFID Regulation

Rohrmann, Carlos and de Albergaria Neto, Jason S. (Brazil): Virtual Shareholders’ Meeting

Sabapathy, Sandy (Hong kong): Tort Recovery of Pure Economic Loss for Defective Premises: A Comparative Analysis

Sahu, Ritankar; Kumar Nandi, Tanay and Banerjee, Priyadarshi(India): An Overview of listing India Companies on the United States Securities Market

Saurombe, Amos (South Africa): Regional Integration Agenda for SADC “Caught in the winds of change”: Problems and Prospects.

Saurombe, Amos (South Africa): The Protection of Indigenous Traditional Knowledge through the Intellectual Property System and Intellectual Property Law Amendment Bill

Serrano, Katharina Anna (UK): Economic Partnership Agreements: Machiavellian instruments of EU Trade Policy or Samaritan development tools?

Steennot, Reinhard (Belgium): Allocation of liability in case of fraudulent use of an electronic payment instrument: the new Directive on payment services in the internal market

Svoboda, Patrik (Czech Republic) and Bohušová, Hana (Czech Republic): IFRS and US GAAP convergence in area of Mergers and Acquisitions

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Building lawful interception capabilities: Need for legal safeguards by Jari Råman, University of Lapland.

Jari Råman (Doctor of Laws) is a post-doc researcher at the Institute for Law and Informatics at the Faculty of Law of the University of Lapland in Finland. Defended his doctoral dissertation with the topic of “Regulating Secure Software Development” in 2006. His research focus is on information security, data protection and electronic communications law with a strong background in information law and legal informatics in general.

Abstract
The operational environment for lawful interception has changed due to the ongoing paradigm shift in communications. When circuit switching is giving away to packet switching, the fragile balance between the state and corporate interest and the rights and freedoms of the citizens is under pressure. At the same, there is a need to focus more on the regulation of the infrastructure for communications and its interception.
The Tolls of Privacy: An Underestimated Roadblock for Electronic Toll Collection Usage by Patrick Riley, University of California at Berkeley.

 

 

 

 

Patrick Riley is a Ph.D. student at the University of California at Berkeley, School of Information.From 2001 until 2003, he was an Assistant Director at the University of California's Boalt Hall School of Law for the Berkeley Center for Law & Technology. In 2005, he was awarded a Fulbright Fellowship (Germany) to conduct privacy and security research on RFID implementations in German passports and World Cup 2006 tickets. During this time, he was also a lecturer at Technische Universität in München. In addition, Patrick has had experience in the corporate IT environment, with positions at AOL Time Warner and Symantec Corporation.

Patrick received his Master's of Information Systems Degree from the University of California at Berkeley's School of Information Management and Systems, and holds bachelor degrees from the University of California at Berkeley in Environmental Biology, and in Economics.

Abstract
Despite continuing population and economic growth in the Bay Area, the rate of adoption of FasTrak, the electronic toll collection system employed in California, has been significantly lower than similar systems in comparable urban areas of the United States. Prior economic research suggests drivers in California's urban areas have a revealed willingness to pay for the convenience of FasTrak that exceeds their current cost of FasTrak. Using survey results and other research, we find the slower progress of FasTrak is partially related to consumers' value of perceived privacy over-weighing the implicit value of convenience. Similarly, our research suggests that either a change in consumers' perception of privacy in the FasTrak system, or a fiduciary compensation must be offered to Bay Area drivers' in exchange for their perceived reduction of privacy, if any significant increase of FasTrak usage is to be achieved.

 

Modality Mix of RFID Regulation by Daniel Ronzani, Copenhagen Business School.

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Daniel Ronzani is a Swiss attorney at law. Since 2001 he is employed in an international IT corporation, currently as senior negotiator for complex System Integrations and Strategic Outsourcing.  Daniel Ronzani graduated with a Master of Arts in Law (MLS) from the University of St. Gallen (Switzerland) and with a second Master of Laws (LL.M.) specialising in IP/IT law from the University of Toronto (Canada). He also holds a post-graduate course diploma in e-business technologies from the University of Applied Sciences in Rapperswil (Switzerland). He is presently writing his doctoral thesis on RFID as part-time PhD candidate in the Doctor of Business Administration programme (DBA) at the Copenhagen Business School, Department of Informatics (Denmark).
Abstract
This paper analyses RFID regulation based on Lessig’s four  modalities law, norms, market and architecture. It suggests that a trade-off   between or complementing of the four modalities is necessary for a holistic regulation of RFID. To support this claim various topics of the draft  recommendation on the implementation of privacy, data protection and  information security principles in RFID applications by the European Commission of February 2008 are cross-examined with and attributed to one of the four modalities. This paper concludes that the draft recommendation does not provide precise supplementing legislation to justify its  implementation. Many law-related issues of the draft recommendation can be  traded off against or complemented by the other three modalities norms, market and architecture.

 

Virtual Shareholders’ Meeting by Carlos Alberto Rohrmann and Jason S. de Albergaria Neto, Faculdade de Direito Milton Campos.

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Carlos Alberto Rohrmann is the academic director of the LL.M. Program of Faculdade de Direito Milton Campos – FDMC (Brazil) and Professor of Law at Faculdade de Direito Milton Campos – FDMC (Brazil), where he teaches Cyberlaw and Intellectual Property Law. He is the author of Curso de Direito Virtual – “Course of Cyberlaw”, a book about cyberlaw in Brazil (Ed. Del Rey, 2005) and he has written other legal articles about the subject. Prof. Rohrmann holds a Doctorate in the Science of Law J.S.D. (UC Berkeley, USA). ments and in detecting plagiarism.

 

 

Abstract
This article will present the legal requirements for shareholders meetings under Brazilian corporate law. Besides, it will  show  that the Brazilian Comissão de Valores Mobiliários (CVM), analogous to the United States SEC, has not  yet recognized virtual shareholders meetings.. Finally this article proposes that it is legal for a shareholder to issue a digitally signed proxy, view  the shareholders meeting online and instruct his proxy how to vote.

 

Tort Recovery of Pure Economic Loss for Defective Premises: A Comparative Analysis by Sandy Sabapathy, The Hong Kong Polytechnic University.

 

LLB (University of London), PG Diploma in Intellectual Property Law (Queen Mary College, University of London) LLM (University of Strathclyde, Glasgow, Scotland), Certificate in Legal Practice (Univeristy of Malaya), Doctor of Juridical Science candidate at City University of Hong Kong. Sandy is a Lecturer at The Hong Kong Polytechnic University, School of Accounting and Finance. She was also a part-time Lecturer at The University of Hong Kong (Faculty of Law). Prior to joining the academia, Sandy was practicing as an Advocate and Solicitor in Malaysia. Her research interest is on the Law of Tort, Company Law and Intellectual Property Law. 
Abstract
Pure economic loss is financial loss unconnected with physical damage to the claimant’s person or property. The paper will focus on pure economic loss suffered by a claimant as a result of acquiring defective premises. The purpose of this paper is four fold. First, to discuss and analyse as to why the courts in England do not allow recovery of pure economic loss for defective premises. Second, to consider whether the courts in England are overtly concerned about the floodgate problem. Third, to examine and discuss the approach adopted in New Zealand, Canada, Australia, Singapore, Hong Kong and Malaysia. Fourth, to attempt to argue that it is timely that the courts in England allow recovery of pure economic loss for defective premises as the failure to do so may defeat the purpose of the law of tort.

 

An Overview of listing India Companies on the United States Securities Market by Ritankar Sahu, Tanay Kumar Nandi and Priyadarshi Banerjee, National Law University, Jodhpur, India.

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Ritankar Sahu is a law undergraduate of B.A. L.L.B. (Corporate Governance Hons) of National Law University, Jodhpur, India. His areas of interest are corporate restructuring, private equity, insolvency, acquisitions and structured finance, with a sectoral focus on transport (including ports & shipping), oil & gas and infrastructure deals. He has worked as an intern at Lloyd’s Register, Holman Fenwick & Willan and Watson Farley & Williams LLP in London in the areas of transport, corporate finance and restructuring, reinsurance, classification and commercial arbitration. He has also worked at top Indian law firm Amarchand Mangaldas in areas of insolvency and acquisitions and with AP Moller-Maersk Group. He has been a part of the 2007 International Maritime Law Arbitration Moot Court at Melbourne, Australia. He is currently working as a summer trainee at PricewaterhouseCoopers’ Mumbai office in the Transactions Group and thereafter will move to the London office of a top American firm for a vacation scheme. He has also authored several papers and attended conferences in tune with the above mentioned areas.

 

 

Tanay Kumar Nandi is a semester IV student of B.Sc. L.L.B.(Hons.), National Law University, Jodhpur, India. His areas of interest include matters relating to Intellectual Property Rights and Privacy Laws. He has worked with the Mumbai based NGO as an intern in the Ist semester. He has also presented a paper titled ‘Software Piracy: What’s Happening & What Needs to be Done’. He was also a researcher for a paper titled ‘Emerging Trends in Safeguarding of the Rights of Women Refugees in Multicultural Societies – A Critique’. Apart from that, he has attended a national level conference organized by the ASSOCHAM titled ‘Doing Business with USA and EU – Trends and Legal Risks’. He has also worked in the Supreme Court of India as a Legal Trainee.

Priyadarshi Banerjee is a student at National Law University, Jodhpur, India, pursuing a degree in B.A. L.L.B. (Hons.). His interests are diverse ranging from Constitutional Law, Human Rights, Jurisprudence and even spilling over to other disciplines such as Literature, Philosophy and History. In pursuance of his interests he has worked with the State Legal Services Authority, interned at the Supreme Court of India and also at the High Court of Calcutta. He had assisted the Government of India in preparing a research note on the topic of “Abolition of Death Penalty”, wherein a detailed comparative analysis was made about the situation the world over.
Abstract
The US securities market offer companies one of the richest source of capital in the world as a result of their size, credibility and pool of enthusiastic investors. However taking a company through a public offering on the US securities market is a major undertaking and presents complex challenges to companies seeking access to this capital. By listing on US securities market companies have an enormous opportunity to show that they are among the best run companies in the world. This paper deals with the various aspects of listing for Indian companies on the US securities markets and an analysis of roles played by the various actors in the process.

 

Regional Integration Agenda for SADC “Caught in the winds of change”: Problems and Prospects by Amos Saurombe, North West University.

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Amos Saurombe is a Lecturer at the North West University in South Africa where he teaches International Economic Law. He graduated with a Master in International trade and Investment law from the University of Western Cape (South Africa) and Amsterdam Law School (The Netherlands) in 2004 (Joint programme) and returned to South Africa to teach at the Nelson Mandela School of law-University of Fort Hare. He is currently finishing his MBA degree and has started work on a PhD study with the proposal already accepted. He is also a part-time trade policy advisor for the SADC Parliamentary Forum based in Windhoek, Namibia. Latest work with the forum includes advice on EPA negotiations for the SADC region as well as enhancing the participation of SADC Parliamentarians and Civil society on issues of regional integration. Current research projects lie in trade policy, regional integration and indigenous knowledge systems.
Abstract
This paper seeks to elaborate on the difficult path the Southern Africa Development Community (hereinafter called SADC) finds itself in while trying to push for a regional integration agenda that is development oriented and globally relevant. The institutional framework of the organisation was previously oriented towards a cooperative and not on an integration approach. The 1992 SADC Treaty saw the redefinition of regional cooperation from a loose association towards a legally binding arrangement that seek integration. SADC also sought to focus on responding to challenges of globalisation, competitiveness and the quest to enlarge regional markets. The transformation from SADCC to SADC was not accompanied by appropriate institutional framework for integration. By 2001 the restructuring of SADC institutions was not well planned and executed resulting in a slow change. For this reason institutional challenges remain. The Secretariat is still not adequately transformed to suite the new approach. There is still a huge gap between SADC regional initiatives and member states national objectives. The set out agenda for transformation to a Free Trade area in 2008, Customs Union in 2010, Common Market in 2015, Monetary Union in 2016 and regional currency in 2018 is very ambitious under the current environment. Other challenges plague the region. There is no adequate internationalization of agreed integration objectives at national level since regional economic integration is not part of national policy framework. Issues of compliance and enforcement of rules are compromised since institutional frameworks are inadequate. Implementation responsibilities are left sorely to political organs such as the summit and council. This approach is unfriendly to the acceleration of integration. There is also lack of effective regional leadership. Multiple and overlapping membership also retard the emergence of leadership and implementation of agreed protocols. Lack of resources weakens the organisation and over donor dependence is a clear problem. However it is not all gloom and doom for SADC since it can mobilise for own resources. A robust agenda can be put in place to ensure effective implementation of the integration agenda through appropriate institutional mechanisms that discourage lip service. The regional infrastructure can be improved and deeper integration can be emphasised by enhancing stakeholder participation and ownership at national level. With improved political commitment and effective leadership, regional integration prospects are still very high.

 

The Protection of Indigenous Traditional Knowledge through the Intellectual Property System and Intellectual Property Law Amendment Bill by Amos Saurombe, North West University.

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Amos Saurombe is a Lecturer at the North West University in South Africa where he teaches International Economic Law. He graduated with a Master in International trade and Investment law from the University of Western Cape (South Africa) and Amsterdam Law School (The Netherlands) in 2004 (Joint programme) and returned to South Africa to teach at the Nelson Mandela School of law-University of Fort Hare. He is currently finishing his MBA degree and has started work on a PhD study with the proposal already accepted. He is also a part-time trade policy advisor for the SADC Parliamentary Forum based in Windhoek, Namibia. Latest work with the forum includes advice on EPA negotiations for the SADC region as well as enhancing the participation of SADC Parliamentarians and Civil society on issues of regional integration. Current research projects lie in trade policy, regional integration and indigenous knowledge systems.
Abstract
The discussion of Traditional Knowledge as a subject of intellectual property protection continues to take centre stage at different fora. It is particularly relevant for developing and least developing countries whose Traditional Knowledge mechanisms continue to be exploited without accruing any benefits. The situation in South Africa is not different. The South African Department of Trade and Industry (Dti) is spearheading efforts to create a legal framework that seeks to protect and promote Traditional Knowledge using existing intellectual property law mechanisms. Through this Bill, South Africa is seeking to protect Traditional Knowledge beyond the area of patents. The challenge for the Bill is to cover all aspects of Traditional Knowledge. This has already proven to be difficult as indicated by the outcomes of one of the consultation workshops with various stakeholders (University professionals and indigenous communities). Furthermore the Bill will have to be mindful of the manifestations of intellectual property at regional (SADC, SACU and AU) as well as the international position (WIPO, TRIPS and WTO). This paper seeks to measure the extent to which the Bill will protect Traditional Knowledge and the possibility of its use as a model for the region and the developing world.
Economic Partnership Agreements: Machiavellian instruments of EU Trade Policy or Samaritan development tools? by Katharina Serrano, University of Central Lancashire.

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Katharina Serrano (PhD Candidate, University of Halle-Wittenberg, GER; LLM University of Leicester, UK; LLM(Mr.)/LLB University of Groningen, NL) is a Lecturer in Law at Lancashire Law School, University of Central Lancashire. Her current research focuses on EU foreign economic relations with ACP countries, especially in the context of Economic Partnership Agreements between the EU and the Small Island States of the South Pacific. Katharina is particularly interested in indirect transfer of European values and standards through development-, security- and economic policies of the EU and EU's role as legal and economic actor in international relations. Related areas of her research include transnational economic law, economic policy and regional integration studies.
Abstract
The European Union (EU) has recently been confronted with harsh critique as to the strategic motives and methods employed in its trade relations with African, Caribbean and Pacific (ACP) countries, especially after negotiations of Economic Partnership Agreements (EPAs) have proven to be far from a smooth process. There is increasing concern about the developmental value of EPAs and their support for sustainable regional economic integration of ACP countries. This paper seeks to examine whether EPAs are appropriate development tools or rather strategic instruments used by the EU as catalysts in achievement of a global player status – at all cost. The theoretical framework employed for this analysis is based on Machiavelli’s virtues proposed to a successful leader in his work Il Principe. These will be critically compared with EU’s aims and objectives as expressed in the legal framework underlying EU-ACP relations in the 21st century.

 

Allocation of liability in case of fraudulent use of an electronic payment instrument: the new Directive on payment services in the internal market by Reinhard Steennot, Ghent University.

 

 

Prof. (Dr.) Reinhard Steennot obtained his law degree in 1998 and immediately joined the Financial Law Institute at the Ghent University (Belgium) as a full time researcher, sponsored by the Fund for Scientific Research. Reinhard Steennot wrote a doctoral thesis on the legal aspects of electronic payment systems (2002), entitled: "Elektronisch betalingsverkeer: een toepassing van de klassieke principes" . In October 2003 he became professor at the Ghent University. Since then he teaches several courses, all relating to financial law and consumer law. The research of Reinhard Steennot focuses mainly on issues of private banking law, consumer protection and electronic commerce. He is the author of several books (e.g. Financiële diensten op afstand) and many articles (mainly in Dutch).
Abstract
In December 2007, the European Directive on payment services in the internal market was published in the Official Journal. This Directive contains many rules on payments, including rules on the allocation of liability in case of fraudulent use of a payment instrument. The aim of this paper is to discuss and evaluate the regime concerning fraudulent payment transactions which is incorporated in the new Directive. We will show that the new regime creates important risks for the holder of an electronic payment instrument and we will therefore propose to divide liability in another way.