SAPENA & ASOCIADOS - Attorneys at Law
Paisajes del Paraguay


 

COMPUTER LAW

   

I – Concept of Computer Law:

It’s a science and a branch of law that includes the study of rules, jurisprudence and doctrines that control and regulate the information in two aspects: a) Regulation of the data processing in its expansion and development and b) Suitable application of the data processing instruments.

In this new branch of law, the planted debate is opened for a very long time and in many aspects, because the technical development presents new challenges daily, the ones that have to be absorbed by the law.

II – Intellectual Property Law (Authors Rights) in the digital era:

The protection of Authors rights in the society of Information as part of the law of the new technology...the DIGITAL OBJECTS...

1.- Computer programs (Software). Software application.

2.- Multimedia Works: They are the works that are a part of a unique product in digital format and electronic support: text, photography, video, computer program... They use conjointly and simultaneously diverse techniques such as images, sounds and texts in the transmission of information.

3.- Internet web sites or other networks: Are objects of 0ther legal protection by themselves if they are original. They may be considered as creations protected by the authors law. Besides their content are also object of the intellectual property law.

4. - Electronic compilations of data.

5. - Reproduction right…total, partial, temporal or permanent (digitalization, uploading and downloading), the new right in disposition for the public through digital networks.

6. - The right to distribute and different ways of technological protection.

7. - Contracts on Intellectual properties protection in the digital era.

a) Digital Edition Contract (web page design, establishment, sponsorship and publication, computer programs, electronic data compilation, etc.)    
b) Collaboration agreement (Internet access and content provision…)
c) License Agreement of Use of the Data Base…

III – Informatics Offenses

  • Access not authorized: Illegitimate use of the passwords and the entrance of an informatics system without the owner’s authorization.
  • Data destruction: The damage caused in the network by the introduction of a virus, logic bombs, etc.
  • Infraction on the copyright of the data base: Not authorized use of the information stored in the data base.
  • Interception of an e-mail: The reading of someone else’s electronic message.
  • Electronic Scams: Through purchases made during network use.
  • Fund transferences: Deceits or frauds in the realization of this type of transactions.

    Paraguayan Laws in this matter

    Given the recent recognition of the computer law as an independent branch of law, in Paraguay there aren’t special laws about the matter sanctioned yet. However, there are laws for individual rights protection and punishment of the informatics crimes, such as:

    • National Constitution
    • Trademarks law
    • Trademarks Regulation
    • Authors Rights Law
    • Authors Rights Regulation
    • Industrial Models and Designs
    • Patents Law
    • Criminal Law
    • Law of Data Protection
    • The International Treaties:
      -World Intellectual Property Organization (WIPO) Treaty about Authors Right….. In the year 2000, our country joined two international treaties approved in the diplomatic conference of the World Intellectual Property Organization (WIPO), in 1996, known as the “Internet Treaties”, the ones that integrate our positive regulation.
       - Bern Convention.
      - Paris Convention.
      - Interamerican Trademark Convention
      - Interamerican Patent Convention
      - GATT-TRIPS
      - Mercosur Trademark Harmonization Protocol
      - World Intellectual Property Organization (WIPO) Treaty about Authors Right.-
      The Paraguayan Criminal Law sanctioned in 1997 has recognized some materialized behaviours with help or with the use of technology
      The informatics crimes typified are:
      a) Alteration of Data;
      b) Computer Sabotage;
      c)  Computer Operation Frauds;
      d)  Violation of the communication right;
      e) Offences to communication and image rights.
    •          

Sapena & Asociados Address:
Capitán Brizuela 684
esq. San Francisco
P.O.BOX 2614
Asunción - Paraguay
Telephone/Fax:
(+595.21) 222.235
e-mail:
e-mail info@SapenaLaw.com
  © 2006 Sapena & Asociados - All rights reserved.