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Spain: a power in ciberocupación
Spain is the third country more demanded by ciberocupación before the World-wide Organization de the Intellectual Property. The only United States and the United Kingdom receive a greater number de denunciations.
From its creation, the Center de Arbitration and Mediation de the World-wide Organization de the Intellectual Property have already taken care de 20,511 demands by Internet addresses. This one is one de the main occupations, at present, for the WIPO.
From the appearance, and the later expansion, de the phenomenon de Internet many have been the physical companies, societies and people who have wanted to own an Internet address that contained its name. Nevertheless, in the majority de the occasions, they have been with ciberocupas, people who take control de a dominion in Internet, with which they do not have anything to do and with that they deal to prdeit.
demands
And Spain occupies the third position de countries that have been demanded before the WIPO by ciberocupación. In fact, the six percent de the denunciations that arrive at the organization is against Spaniards. But the Spanish citizens not only are denounced, but also he is the fourth country that more denunciations realizes.
According to Albert Agustinoy explains, lawyer de the group de right de the New Technologies de the Cuatrecasas writing desk and referee de the WIPO, this situation is not so strange since the Spanish companies have been de which they have moved more to reclaim his names de dominion . According to Agustinoy, occurs a dichotomy. On the one hand the picaresque Spanish exists who causes that many exist ciberocupas. On the other hand we have to the companies de our country that, for a long time, have understood the importance de having the names de dominion chords to their name to be able to be located in Internet .
The World-wide Organization de the Intellectual Property enough is satisfied with the improvement that is presenting/displaying the statistics. At the moment, the Center de Arbitration and Mediation de the WIPO receive three daily cases de abusive registry de marks like dominion names. This number supposes an important cut since, when the Political Uniform entered in force, the average de cases was de five per day.
Evolution
According to the general assistant director de the WIPO, Francis Gurry, that evolution is very encouraging and means that the fast mechanism de solution in line de controversies has been an effective element de dissuasion de acts de piracy de names in Internet ".
Nevertheless, according to Gurry, “we cannot give by concluded our work. We must continue the efforts to guard so that Internet is surroundings really surely for the businesses. Those efforts must be dedicated to a large extent to prevent the abuses de the rights de intellectual property in that digital surroundings, in constant expansion”.
Until now, the center has taken care de controversies that have implied to more de a hundred de countries. Between the sectors more affected by that type de demands they are those de feeding, alcohol and restaurants; besides the sector de the fashion.
The business de music in the network
The opportunity de business arisen through the putting at the disposal de music through the network is without a doubt one de which it can have major at present projection. According to the forecast de a consultant for the 2005 1,511 million dollars in expenses by musical unloadings would be reached from Internet, against a considered total cost de 5,364 million. That is to say, in 6 years one hoped that the cost de music in Internet happened less than de a 1% de the total cost de music in the United States until a 25%.
Gratuitous
Nevertheless, the business was bad focused: the service lent the user free. That is to say, the vestibule allowed pre-listens and unloads since the massive affluence de internauts them could assure long term income by publicity (Napster reached 60 million users). Nevertheless, the income by publicity were smaller de the hoped thing, and, on the other hand, those musical subjects were prote'ge's: In Spain by Law 1/1996 de Intellectual Property.
In the application de this norm, it is considered that in a musical subject are built-in the rights de the authors (composers, arreglistas, letristas); de the interpreters executants (musical, singing); de musical publishing houses (titular de the rights de the score by cession de the authors); and de the phonographic producers (titular de the realized recordings, the discográficas).
Like, evidently, it was de all impossible point that an industralist contacted with all these holders de rights and would negotiate individually with them to obtain the rights de each one de the subjects, formed the figure de the management organizations, that happened to administer these rights de collective form. These organizations, grouped to different prdeessionals (SGAE from the authors and publishers; IEA to the interpreters and executants; and Agedi the producers), and supplied to the holders de the vestibules a series de licenses to use all their musical repertoire. In this way, to the industralist it was enough to him with subscribing a contract with each de them and to realize the installment de a canon to continue his activity.
Modification
Once these organizations de management began to demand the mentioned payments, and mainly as a result de the judicialización de the Weblisten case in Spain, the vestibules were forced to modify their model de business. IEA, began to demand the payment de a 1.4% de the income de the vestibule by the activities de musical listening; or in the case de the General Society de Autores (SGAE), it was arrived at the application de several tariffs that arrived until a 12% de the income based on the activities de the vestibule.
The solution de not paying anything due to the fact de not perceiving income was not applicable, since a minimum canon by each point was demanded from which music was provided. Nevertheless, it has not been very clear at the time de defining what is due to consider by joining point to music, nor with respect to the applicable criteria to either differentiate the income from the vestibule by music with respect to other income like those de community (for example, it quarrels flat, lines ADSL, etc).
In this way, the holders de the companies face an increase de their activity, and another problem addition: the discográficas companies have decided to retire de the Agedi organization the administration de their rights in Internet. Due to this circumstance, the vestibule in addition will have to negotiate individually with each and every one de the discográficas houses with which it wants to contract for being able to realize the musical activities de unloading and listening.
With this panorama, the dilemma seems clear: or as much the holders de rights as the different vestibules clarify their pretensions, or on is augured a complicated future for the use de music line.
Virtual doctor's defice
Are possible the medical consultations through Internet?
Two types de consultations exist that can be formulated in Internet, the cibermedicina call or and-health, that consists de acceding to general medical information, and the telemedicine that implies the exercise de an activity like the diagnosis de diseases or the medical aid.
The recommendations de the European Union on telemedicine go directed to guarantee that they are exerted by which they count on sufficient title. Thus, law 34/2002, insists on the respect to the norms that regulate the prdeessions and in the adoption de codes de conduct directed to avoid the infiltration, to guarantee the fulfillment de the norms which they regulate the prdeession and, the respect to the prdeessional secret.
Remarkable, in this subject, it is the protection de the privacy de the patients and as its personal data, the law de protection de describes them to data like sensible data that will require the express consent de the affected one to be communicated.
How works the dominions de third low level the denomination “.es”?
The new National Plan de names de dominion under the code .es, has introduced the possibility de registering names de dominion de third level in favor de physical or legal people - by example, with the minegocio.com name .es-, in this way identifies with clarity the object de the physical or legal person who hung the page. The suffixes will have to be granted people who have interests or maintain bonds with Spain.
Nom.es reserve for the physical people. Org.es is only usable by collective institutions or without prdeit spirit. Gob.es reserve to the Public Administrations and edu.es will be used solely by organizations that enjoy deficial recognition and realize activities de education and investigation.
The first criterion de allocation will be the temporary priority. For greater security the Plan picks up the coordination with the Mercantile Registry, the OEPM and other registries national public.
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