Des moments tendres, des instants de rires et de franches et belles engueulades! En mal de pause. En mal de finesse. Hemlock Smith est le projet du chanteur, auteur et compositeur lausannois Michael Frei. Authentique rappeur du West Side, Mc Circulaire appartient aux artistes du hip hop underground! George Louis est un jeune artiste anglais de 17 ans qui a grandi dans la ville de Montreux. On se laisse porter…. Ses textes truculents parlent du quotidien et jouent avec les doubles sens.
Fermentation surchoix garantie bio AOC! Liker Instagram SoundCloud. Bhatt, entre autres. Site Likez. Organise le son selon ses envies et ses voyages. En vers et pour tous. Les musicians deviennent alors une toile devant laquelle le public peut entrer en transe. Tous les niveaux sont bienvenus.
Une Tombola extraordinaire permettra de gagner la somme qui se trouvait entre les fentes de notre ancienne terrasse…. Dans un cadre intimiste, ces deux musiciens se rencontrent au bout du monde pour tenter des discussions qui pourraient se chuchoter comme se clamer par dessus des drones minimaux ou des beats bancals. Sans oublier, bien entendu, les compositions diverses du groupe. Tout est dans le titre, sors tes crayons, commande une chopine et dessine! Technique : Guillaume Favrod. Le concept est simple : un bar, un spectacle!
Amor Blitz, un orchestre de France. Vous pouvez aller dans la rue, voir un reflet dans une flaque, et bang! Tout les niveaux bienvenus. C'est le crooner du groupe. A cette occasion ils viendront vernir leurs seconds albums.
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Le duo basse - batterie, parfois lourd et incisif, ou plus rythmique et groovy, balancent habillement sur le flow hip-hop de la voix. Un chic moment de partage en perspective! Alain Bashung. Une femme et deux hommes chantent le soleil du Sud. Plus d'infos: 36 18 ou info vivrelagratuite. Trois chanteuses, oui, mais qui savent manier leurs instruments avec brio! Trois personnages en costume, oui mais trois femmes aussi, et qui se racontent! Et dans cette histoire, tout est affaire de swing!
Exit les influences stoner et le rock british. Un an et demi plus tard, ils sont de retour! Plus que jamais, la musique de No Mad? Xavier Machault : chant, textes Valentin Ceccaldi : violoncelle, horizoncelle, composition Quentin Biardeau : claviers, saxophone. Engagez vous, venez danser! Au programme : Kashida, trio pop-rock veveysan, joue une musique aux multiples facettes.
Ou tu en as le costume? Ou alors tu vas le fabriquer? Projection du film : Les Chats Persans. Mais que faire sans argent et sans passeport Vernissage de son nouveau projet, 12 pistes; 3 parties voyageant entre accapella, rap, electro et boom bap, quelques face B, et des instrus originales de Skile orform Ornorm , Chapi et HTC Hew-Titi's Chapi. Ce que fait Paul Kunigis ce n'est pas du folklore. Un meurtre, des suspects et peu de temps pour retrouver le coupable!
Musique : Quentin de Lattre. Du rock qui sent le cactus, les grains de sable et les pneus chauds. Une fusion acoustique des influences de chacun. La section rythmique organisera son traditionnel concours de plateaux sur la caisse claire pour les plus courageux d'entre vous. Une musique balkanique moderne puisant sa force aux racines. Service Fun CH. Ils sont tous de C'est le groupe Service Fun!! Service, fun. Papier Tigre power rock Le groupe nantais creuse un sillon de rock innovant et sans compromis dans la veine de This Heat ou des Minutemen.
Au programme:. Elle aiguise sa lame et passe sur le silence. Le silence ne se soucie pas du cri des hommes. Elle ronronne pour toi et te bercera dans la ville. Un immeuble, quatre insomniaques. Projection du film "Master of the Universe", Marc Bauder , 88 min. Confession d'un banquier. Le Printemps Arabe en Hiver Valaisan! Soupe et vin chaud offerts! Pour tous ceux qui recherchent un peu de chaleur et tous ceux qui veulent en partager.
La Compagnie de la Pie qui Chante se plonge dans l'univers des contes de Grimm. Musique ribouldingue et humour foldingue au rendez-vous! Fusion acoustique de toutes les influences des musiciens, samba-blues, regg 'n' roll, afro-jazz Pour couronner le tout, les textes sont en patois! Sans OGM et avec Omega 3! Une guitare, un harmonica et quatre pieds qui tapent. Occasion unique de voir les Anglais dans un lieu de cette taille. Soutenez nos amis de l'Avenue de Savoie contre la destruction de leurs logements!
Jerrycan est un artiste qui aime jouer dans des lieux improbables. Le grave du piano, une chaleur rauque, la vibration des cordes, la respiration calme du saxophone. Le John Tone Trio est un groupe brut, sans filet ni artifice qui joue ses compos pour les esprits bienveillants et curieux qui aiment la musique, sans a priori.
Like on the previous day, the working sessions came to an end around pm, but the day was only getting started. This emblematic building, inaugurated in and located in the heart of Macau, is shaped after a lotus leaf and is the highest building in Macau. I must confess that I was not at all expecting to attend the Gala Dinner, as the price of the dinner was quite high. On the third and final day of the congress, I started by attending a session concerning Family Law. Various presentations were made focusing on the pre-nuptial agreements and marital regimes in various jurisdictions.
Joana Alves Cardoso made quite a remarkable presentation about pre-nuptial agreements and marital regimes in Macau, particularly taking into consideration that she had only been invited as a speaker on the previous day. During this session, which was a very intense one, I realised that there is still so much to be done in relation to improving basic human rights throughout the world, not only in less developed countries, but also in the developed ones. In fact, slavery and forced sex are still imposed on foreign women that desperately try to find jobs in the US but the same could be said about Europe or China and this is something.
The congress came to an end that evening with the Closing Ceremony held at the Conrad Macau hotel. Also for the first time, the UIA decided to honour the work done by its best scientific commission, which was the Tax Law Commission. The masses watched the proceedings and awaited the fate of George Zimmerman, the year-old man charged in the murder of Martin.
Thus, this article will explore the Zimmerman decision from this context. George Zimmerman. I The Facts: What Happened? While serving a ten-day suspension from school in February of , Trayvon Martin, a year-old African-American student, was visiting his father in Sanford, Florida. George Zimmerman, who was a year-old part-time student and neighborhood watch captain at. On the night of February 26, Zimmerman was patrolling his gated townhouse development.
Over the phone, Zimmerman was instructed by the dispatcher simply to keep an eye on Martin and to not approach the teenager. Zimmerman, however, disregarded these directives and pursued Martin. The phone call to police ended at pm. Moments later, neighbors reported hearing gunfire. Law enforcement arrived on the scene at pm, four minutes after Zimmerman ended his call with police.
However, by the time they arrived, Zimmerman had already shot and killed Trayvon Martin. Zimmerman, showing injuries he alleged came from his altercation with Martin, claimed he killed the teen in selfdefense, despite the fact that Martin himself was unarmed. However, as the case gained more notoriety in the national media this changed. Pundits and political figures, including President Obama, weighed in on the issue. Rallies began to take place in cities across the country calling for justice to be served for Trayvon and the Martin family.
It would take more than a month for the State to charge Zimmerman with second-degree murder. While the charge ameliorated many, as discussed below, this charge would be the first of several legal and evidentiary tactical errors the State would make in its case against George Zimmerman. George Zimmerman began on June 24, Already with limited facts, the prosecution — from the outset — placed a nearly insurmountable burden upon itself by charging Zimmerman with second-degree murder, instead of the lesser crime of manslaughter.
Manslaughter, on the other hand, only requires the State to show beyond a reasonable doubt that the defendant intentionally committed an act or acts that caused the unjustifiable or inexcusable death of another.
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Obviously, compared with second-degree murder this threshold is a much easier burden for the State to meet, because there is no element that requires proof of ill will, hatred, spite, or evil intent. In the Zimmerman case, the difficulty for the prosecution in meeting its burden arose from having to prove the second prong. The State presented no conclusive evidence that showed beyond a reasonable doubt Zimmerman acted out of hate, ill will, or spite.
Moreover, Zimmerman — wisely — elected not to testify, and thus did not allow the State to elicit testimony regarding his state of mind at the time of the shooting. With no sure evidence linking Zimmerman to ill, hateful, spiteful, or evil intent, the State found itself fighting a losing battle from the start, which only became more difficult as its case-in-chief continued.
Throughout the trial, it was obvious that the State did not prepare its witnesses properly. In her instructions to the jury, Judge Debra S. Justifiable Homicide and Use of Deadly Force In Florida, the killing of a human being is justifiable and therefore lawful under one of three conditions: 1 If necessarily done while resisting any attempt to murder such a person; OR 2 If necessarily done while resisting any attempt to commit a felony upon such person; OR 3 If necessarily done while resisting any attempt to commit a felony in any dwelling house in which such person shall be.
For example, under California law Cal. California similarly provides a justifiable homicide defense if the killing was done while in defense of the home or property. In Florida, it is a defense to second-degree murder and manslaughter if the death of a person resulted from the justifiable use of deadly force. A person is justified in using. In deciding whether Zimmerman was justified to use deadly force, the jury must judge him by the circumstances by which he was surrounded at the time.
The danger itself need not have been actual; simply the appearance of the danger must have been so real that a reasonable person would have believed that the danger could only be avoided through the use of deadly force. This is key, because it renders the actual danger irrelevant. In finding for Zimmerman in this case, the jury clearly accepted that, given the circumstances, it was reasonable for Zimmerman to actually believe his life was in danger during his altercation with Martin. Because of this, the use of deadly force — at least in the minds of the six on the jury — was justified.
In Florida, if a person is attacked in a place where he or she has a right to be while engaged in a lawful activity, he or she has no duty to retreat. In fact, according to Florida law Fl. In truth, it is generally the case in American tort law that there is no duty to retreat when attacked. California, for example, also provides that a person is under no obligation to retreat and can try to repel their assailant with force if necessary.
But at the very least America is once again engaging in dialogue and action around issues of race and racial profiling, guns and gun control, equity or lack thereof in the criminal justice system, and fairness in the law. Tedder mto. When complemented with the obvious issues of race, guns, and justice, these thoughts, among many others, have led to a national examination of these types of self-defense laws.
Since Zimmerman, there has been a continued outcry of support in favor of reformation. It is at a time when African-Americans already suffer a disproportionate share of firearm homicide deaths in America. See www. I Introduction The market for fair trade goods is growing. What rules and regulation could prevent fraud and misuse of the term fair trade?
While we wish to regulate the market to insure compliance with fair trade standards, we also want rules that are realistic and allow fair trade practices to grow and expand. Answers to the questions above demand thinking outside the box, and actually thinking about the box itself. A comparative analysis of similar markets, primarily kosher certification in the United States, shows that the best way to achieve regulation and compliance to certification standards while allowing ongoing growth is by creating a regulated framework for preexisting semi-private certifying agencies.
A good legal framework can ensure the growing success of fair trade programs that protect human rights in developing countries. I Part I - The fair trade market Definitions Fair trade in general is a social movement that promotes sustainability of producers in developing countries. However, the guarantee of better trading conditions in developing countries is vital to accessing the mainstream market for fair trade goods. This definition is not simple nor is regulating fair trade. Many organizations have been created for the purpose of regulation.
Fairtrade International FLO is the leading certification organization. The first fair trade label was developed in the Netherlands in by Max Havelaar. It is vital to create certification regulation that is intelligible to the consumers of fair trade products. Cooption of fair trade products12 is another outcome of rapid growth mentioned in research. This refers to a situation where commercial organizations influence regulatory organizations. Entities tasked with protection the public interest, instead serve special interests they should be regulating.
Kosher, organic and fair trade are all consumer moral choice based markets. In each of the relevant markets, the consumer can choose whether or not to purchase product with the special certification. This is different from certifications or regulations such as food safety inspection15 or product labeling regulations.
These elements work in. In addition, kosher, organic and fair trade markets are regulated by third parties who provide certification that the product is as marketed. At first the organic market in the United States was regulated by states. The success of kosher certification is based on the disclosure model, educated consumers, and competition among certifying organizations. The kosher market grew rapidly during the 20th century and fraud increased as well due to the premium consumers were willing to pay for kosher produce.
To prevent fraud, New York passed a kosher fraud statutes. However, the New York state kosher fraud law was struck down in because it created excessive government involvement in religious matters. The Kosher Law Protection Act of requires that information identifying the person or organization certifying the food as kosher be available to consumers. The consumer can choose which products to buy according to the standards and principles of the certifying organizations. First is a regulatory solution. To protect the fair trade market from fraud and deception there must be strong statutes in each country where fair trade products are marketed.
This regulatory tool prevents fraud but does not restrict the scope or the variety of different standards. This governmental authority regulates the standards used to define organic and the use of the USDA seal of organic. Following the Organic Certification model in the fair trade market would cause more problems than it solves. Implementing government regulation or applying another international standardizing regulation to the fair trade market would destroy pluralism and restrain expansion.
With strict diatomic regulation, where one can be certified or not, those who do not uphold the governmental standard would not be able to claim being fair trade. There would be no alternative certification. Consumers with a different concept of fair trade would not be able to find products that fit their varied definitions of fair trade.
Kosher certification Perhaps the development of kosher certification offers a better model for fair trade certification. Kosher food is food produced according to Jewish law. Jewish law regarding food preparation is based on the Old Testament and rabbinic writing. There are kosher certifications organizations that places greater emphasis on certain Jewish laws and others that place emphasis of different laws. While the disclosure model creates information, the second component of a successful system is educated consumers who can make sense of the various standards. The more information the consumer has the better choice he can make but knowledgeable consumers are vital to making the model work.
Application to the fair trade market. Second, consumers need to differentiate between different standards.
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Individual certification organizations must meet this challenge. Consumers need to be educated to better understand the standards behind each certification organization. Websites like standardsmap. When certifiers are required to divulge information about their standards, the consumers can decide with their purchase whether or not they agree with those standards. This will create competition amongst fair trade certifiers to uphold higher standards, for those with higher standards attract more customers.
This is not the case in the organic market which has one governmental standard. Certifiers will also be motivated to educate their consumers and explain their standards. Regulation to prevent fraud, information about standards of certification and educated consumers are the keys to controlling and enhancing the fair trade market. Joel A. Food, Agriculture, Conservation, and Trade Act Market Trend: Kosher - and halal - certified foods in the U.
Weiss, F. This issue has been extensively reviewed by Philip H. New York Department of Agriculture and markets available at www. Shayna M. Federal Meat Inspection Act Much has been written on this subject on the religious consequences see Gil S. Epsteinand Ira N. Gang, The political economy of kosher wars ; On the economic consequences see Sigman supra note Fair Packaging and Labeling Act Allen and Ken Albala ed. Benjamin N. Pourquoi avoir choisi cette profession? Dans ce pays? Parmi les organisations de la FIDH, nous comptons deux associations iraniennes en exil.
Il faut que ces deux organisations puissent retourner exercer leur mission en Iran. Il a fait du droit en Iran puis des sciences politiques en Grande-Bretagne. Mais son pouvoir reste relatif. The context The influence of Information and Communications Technologies ICTs infrastructures and extensive flows of information have become natural in our dayto-day lives.
The changing interaction between ICTs and society clearly brings with it a wide range of new human rights opportunities — in form of big possibilities for communication, expression and empowerment. It is the first-ever resolution to affirm the extension of human rights to the Internet to the same degree and with the same commitment as human rights in the real world, which also means ICTs, including the Internet and telecommunications, should never be taken as a pretext to include new restrictions to the exercise of human rights such as censorship or surveillance.
However, an increasing number of States are introducing laws and practices that have a negative impact on the ability of citizens to exercise their human rights through the use of ICTs — i. Ideally, to better promote and protect human rights in the digital era, it is important to reach mandatory global principles and standards aimed to address the human rights responsibilities and obligations for both States and companies.
This article is aimed at giving a broad overview on the principles and standards that could drive the necessary change towards a better protection of the right to freedom of expression and the right to privacy in the digital age. It merely represents a set of opinions and proposals under discussion in many human rights advocacy organizations and in the United Nations as well. Thus, the starting point for an international effort to protect both rights in the digital era should be to reaffirm and develop such international frameworks — which should also include companies.
This document represents the most authoritative and comprehensive set of standards on business and human rights issued to date and can serve as a good baseline to develop some of the principles and standards referred in this article. The protection of privacy and freedom of expression across national borders benefit from the internationally recognized laws and standards for human rights set out in the Universal Declaration of Human Rights UDHR , the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
Although it is controversial whether the right to access to the Internet can be considered a human right, it is certainly critical for the realization of a whole range of human rights, including the right to freedom of expression. Despite this, a greater part of the world still has no access to the Internet. As a consequence, billions cannot afford to connect to the network, therefore limiting the economic and social improvements that access could promote.
States must commit to developing effective policies to attain universal access to the Internet. To this end, public Internet access points should be made available, such as libraries, community centers, clinics and schools. Freedom of expression The right to freedom of expression on the Internet is an issue of increasing interest and importance as the rapid pace of ICT enables individuals all over the world to use the Internet and other technologies to communicate worldwide. Similarly to the above-mentioned right to access to the Internet, the right to freedom of expression may be subject to restrictions — i.
A restriction on this right can take various forms, from technical measures to prevent access to certain content such as blocking and filtering, to inadequate guarantees of the right to privacy, which inhibit the dissemination of opinions and information. For example, several countries continue to block video-sharing websites like Youtube or block access to any website containing terms such as.
When required to restrict communications or remove content by any government, companies should evaluate the impact of such requirements. All these measures are a good desideratum and must be preserved even though they are not easy to apply in practice because they either leave room to different interpretations and the fact of not complying with government requests could end up with civil and even criminal sanctions. It is also important to consider the imposition of intermediary liability as a type of restriction on the right to freedom of expression.
Many States have adopted laws that impose liability upon intermediaries — i. In particular, this resolution reaffirms that States must ensure that any surveillance measures taken to combat terrorism are in compliance with their obligations under. It is also of the utmost importance that individuals have a legal right to be notified when they are subjected to communications surveillance and have had their communications data accessed by the State, unless it is duly justified not to do so.
This legal framework should be set internationally in order to avoid conflicting laws or where the laws of one jurisdiction conflict with the laws of another and governments should work together to resolve the conflict. The Principles look beyond the current set of revelations to take a broad look at how modern communications surveillance technologies can be addressed consistently with human rights and the rule of law.
The Principles can be used by States around the world to push for stronger legal protections at the United Nations and other international bodies as well as at home. States must ensure that effective national legal frameworks and effective enforcement are critical for ensuring full compliance with international human rights law against unlawful or arbitrary intrusions on the right to privacy.
In this sense, the European Court of Human Rights lately ruled 7 that European countries violate privacy rights if they lack an adequate legal framework that prohibits secret videotaping or picture taking and fails to provide effective remedies. In particular, legal frameworks should ensure that any communication surveillance measure. The assumption underlying such efforts — that no communication can be truly secure — is inherently dangerous, leaving people at the mercy of good guys and bad guys alike.
Some have suggested that if information is merely collected and kept but not looked at by humans, no privacy invasion has occurred. These differences in interpretation can mean the difference. Definitions matter. Thus, the law must require high standards for government access. Metadata needs to be treated with the same level of privacy as content. Where data is flowing across borders, the law of the jurisdiction with the greatest privacy protections should apply.
Respect for due process also requires that any interference with fundamental rights must be properly enumerated in law that is consistently practiced and available to the public. A judge must ensure that freedoms are respected and limitations are appropriately applied. Similarly to what should be assessed by companies that are required to restrict access to certain content or remove it, companies facing government demands that compromise privacy online, should also encourage governments to be specific, transparent and consistent with international laws and standards on privacy.
The duty of governments to protect human rights includes ensuring that national laws are consistent with international human rights laws and standards on freedom of expression and privacy. At the same time, all companies and foremost those belonging to the ICT sector i. Many of these standards and principles are now being discussed and developed by relevant international organisations, both public and private. Lawyers worldwide have a central role to that end and time has come to work together to uphold human rights in the digital realm.
Debates on human rights need no longer be limited by national or cultural boundaries and we, as lawyers, should have the ability to spur to action policymakers and business around the globe to ensure that the Internet remains a place where human rights are realized, not violated. It is time for us to call upon all States and companies to promote and respect human rights to the best extent in the digital age. United Nations — General Assembly, 68 session of 20 November Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms.
Sweden: Judgment Grand Chamber of 12 November The ruling stems from a case in Sweden where a man secretly videotaped his stepdaughter while she took a shower. Voir not. Le rapport de Human Rights Watch: www. Belastingadviseurs conseillers fiscaux. Wouters a. Wouters, M. En outre, il se. I ]? I, point Por cierto, estas medidas disciplinarias, impuestas por los tribunales y confirmadas por las Salas de Gobierno de los TSJ han sido consideradas desde antiguo por el Tribunal Supremo S. Foglia Suiza, sentencia de 13 de diciembre de Steur Holanda, sentencia de 28 de octubre de Nikula Finlandia, sentencia de 21 de marzo de Esta vital independencia puede y debe hacerse valer ante los propios tribunales de justicia tal y como recoge el art.
Y ello pese a. Consideraciones finales 1. It is an unquestionable fact that industry worldwide is losing huge profits due to mass production of counterfeit products, not to mention the social costs involved. Besides the losses on tax income, governments have to spend money and resources fighting counterfeiters, whose activities are frequently related to other crimes. Ultimately, the victims are the consumers who are becoming increasingly exposed to health and safety hazards. The industries affected by counterfeiting are also increasing, both by number and product sector, as counterfeiters target not only luxury goods and fashion clothing but also a wider variety of products, such as pharmaceuticals, toys, aircraft components, spare parts and car accessories, washing powder, soaps, perfumes, razor blades, shampoos, deodorants and other personal care products.
In accordance with statistics published on August 5, by the European Commission, customs seizure of articles suspected of infringing IPR.
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In what specifically concerns trade marks filed in China, the number of applications reached 1. This will hopefully tighten the circle around articles infringing IPR, and also contribute to a progressive increase in the number of court cases in the next few years. The same report also mentions that China is the main source country from which IPR infringing goods were shipped to the EU Hong Kong SAR being also mentioned as the main origin for certain product sectors, such as electronic cigarettes and their liquid fillings.
In face of the current situation, is the Chinese government taking any action? Opinions may vary in relation to the drive and effectiveness of the adopted measures. Nevertheless, the answer to this question must be affirmative if we take into consideration recent administrative actions, judicial reforms and legislative updates, which represent a step forward in the defence of IPR in China. Therefore, despite some critics and skepticism, China has been promoting the reform of the judicial system steadily and pragmatically and it is taking measures to enhance the protection of IPR.
It also expected that the steady increase of trade mark and patent registrations in China will boost the social awareness of IPR. Regarding Macau, Hong Kong and Taiwan, courts have concluded 1, foreign-related IPR civil cases and cases involving parties from the said territories. The numbers above show that pursuing civil litigation is becoming an important means to protect IPR, and also, that China is committed to strengthening protection in various areas of intellectual property. More than 60, criminal suspects were arrested with a related amount of Furthermore, the statistics released by the SPP 3 on IPR-related crimes for the first half of show that the procuratorate issued warrants to arrest 2, suspects in 1, IP rights-related criminal cases, and have prosecuted 3, persons in 2, cases.
From to , 19, suspects were. Such amendments bring several improvements regarding trade mark application, opposition and invalidation procedures. The Chinese Trade Mark Law will also offer additional protection to well-known trade marks, and also, add sounds as objects of protection of a trade mark. In addition, the amended Trademark Law strengthens the IPR protection by increasing the statutory maximum amount of compensation for infringement of a registered trademark to 3 million Renmimbi around Euros , , which is six times the current maximum amount of compensation.
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As in any other country, companies play an important role in the adequate protection of their IPR. Therefore, all companies, including Chinese companies, need to make sure that their trade marks are adequately protected, notably by adopting suitable technologies to mark genuine products such as holograms, smart cards, markers and inks. However, in order to implement effective anticounterfeiting policies, companies must take into consideration that China has a territory with approximately 9.
For instance, in Macau, where Portuguese is an official language along with Chinese, trade marks and patents filed before the Chinese Trade Mark Office or Patent Office are not automatically valid, and specific filings must be made before the competent authorities. Moreover, the Trade Mark Law currently in force in Macau differs in many aspects from that in effect in Hong Kong and in Mainland China and important amendments are expected to be tabled by the government during next year.
Therefore, it is important to seek local advice in order effectively to protect IPR in this special administrative region, namely regarding the notifications to be made to the Macau Customs Service, which is the law enforcement agency with specific competence to monitor the industrial and commercial activities, control external trade and protect IPR. Nevertheless, a lot of work remains to be done in the field of IPR enforcement in order that notable results are achieved the near future. Prompted by technological developments, an increasing amount of data is processed by businesses everyday.
Unfortunately, this situation has also resulted in an increasing amount of data breaches. An example of a high publicity data breach was the Sony hack, which resulted in a fine of UKP , of the Information Commissioner. Data breaches can not only result in business interruptions, recovery costs and fines, but also the reputation of the business may be at stake. Nowadays data protection should be on the agenda of the board of every organisation.
The question does not seem to be whether a data breach will occur, but rather when. All the more reasons to pay close attention to the related legal developments. The e-Privacy Directive was amended in , introducing a notification duty of data breaches for telecom providers. In view of reforming the legal framework for the protection of personal data in the EU, the European Commission launched a proposal in January , to replace the Data.
Protection Directive by a general Data Protection Regulation. Other than the Data Protection Directive, the proposed Data Protection Regulation contains provisions specifically dealing with data breaches, including a general notification duty. These provisions can also be relevant for data controllers outside the EU, as to a certain extent the Regulation is also to apply to them. However, the definitive text of the Data Protection Regulation is not yet established.
More than 3, amendments had been tabled initially, which had to be drastically reduced. This resulted in a compromise text being adopted by the European Parliament on. The state of the art and the costs of the measures have to be taken into consideration. In some EU Member States, like France, Belgium and the Netherlands, the national supervisory authorities have published specific guidelines on the required level of security of personal data.
When the processing is carried out on behalf of the data controller by a service provider, such provider — the data processor — should provide sufficient guarantees in respect of the technical security measures and organisational. The Proposed EU Data Protection Regulation defines the data security obligation differently, requiring both the controller and the processor to implement the appropriate technical and organisational measures.
October 21, It is the ambition to have adopted a text by May When it comes to data breaches, prevention is a first point for attention. The appropriate level of protection is. This must be governed by a data processing agreement in writing, binding the processor to the controller. Again, to determine the appropriate measures, the controller and the processor both have to evaluate the risks. Based on the compromise text, the European Data Protection Board will be entrusted with providing further guidance for the required technical and organisational security measures.
The original proposal referred to the Commission for further specifications. I Notification duties Currently, only the e-Privacy Directive imposes a notification duty for data breaches, which has been further specified in the aforementioned. Commission Regulation. This specific data breach notification duty is limited to telecom providers, obliging them to notify personal data breaches within 24 hours to the competent national supervisory authority and without undue delay to the relevant data subjects, if the breach is likely adversely to affect their personal data or privacy.
Under the proposed Data Protection Regulation, the Authorities will be empowered with rather substantial fines for breaches of the Regulation. The EU Data Protection Regulation introduces an obligation to notify personal data breaches, for all data controllers. According to the compromise text, a data breach should be notified to the supervisory authority without undue delay.
In the recitals this is presumed not to be later than 72 hours after the establishment of a breach. In the Netherlands, the legislator decided not to await the Regulation. A bill is currently being debated in the House of Representatives introducing a personal data breach obligation for data controllers, similar to the one in the proposed Regulation. In addition to the explicit notification duties above, an implicit notification duty may already be considered to follow from the current Data Protection Directive.
I Sanctions Under the Data Protection Directive, it is entirely up to Member States to establish the sanctions to be imposed in case of a breach of data protection legislation. In the Netherlands for example, the Data Protection Authority currently has very limited powers to impose fines. The bill discussed above is to empower the Authority to impose fines of EUR , in case of breach of the proposed general notification duty. For every organisation it is recommended to take a proactive approach towards data breaches by adopting an incident road map. In addition thereto, organisations may also consider taking out a cyber crime insurance policy.
Such policies should not only cover the financial consequences, but should also support companies in their investigation of the cause of the breach. It is questionable whether fines can also be insured. Taking out insurance of course does not release an organisation from its obligation to be compliant with the applicable data protection rules. For this, proper legal advice may be needed. Elisabeth P. Amsterdam,The Netherlands thole vandoorne. Amsterdam,The Netherlands warlam vandoorne. The trend for data collection and analysis is expected to grow exponentially as the processing and analysis of large amounts of personal data becomes possible with increasingly sophisticated technology.
Until recently, Singapore had no overall data protection law in force and had only sectorspecific confidentiality obligations contained in various laws e. Various key provisions of the PDPA will only become effective in phases, e. This gradual coming into force will allow companies to review and adopt internal personal data protection policies and practices and comply with the PDPA. The PDPA governs the collection, use and disclosure of personal data by organisations in a manner that recognises and balances both the right of individuals to protect their personal data and the need of organisations to collect, use or disclose personal data for purposes that a reasonable person would consider appropriate in the circumstances Sec.
The Act does not define exactly what kinds of purposes regarding data collection are included or excluded 3 under the Act. The main features of the PDPA are as follows:. To allow individuals to request access to their personal data held by an organisation in order to find out how organisations have used or are using the personal data collected, to correct any inaccurate information collected and to seek redress for suspected breaches of the PDPA;. Introduction of a penalty and enforcement regime for breaches of the PDPA; a person who suffers loss as a result of breach of the rules on collection, use and disclosure, as.
The PDPA applies to all private sector organisations in Singapore as well as all organisations located outside of Singapore that are engaged in data collection, processing or disclosure of such data within Singapore; therefore, the PDPA would apply also to companies that were not incorporated in Singapore, but which collect data online from a person in Singapore5. The requirement for organisations to implement policies and practices to comply with the PDPA; 6.
Additionally, it may issue written advisory guidelines indicating the manner in which the Commission will interpret the provisions of the PDPA By now the Commission has published two guidelines,. The Commission is the central authority supervising, administrating and enforcing the PDPA with a broad range of competencies.
It is empowered not only to provide consultancy,. The cornerstone of the PDPA is the prohibition of the collection, use or disclosure by organisations of personal data without the consent of the relevant individuals, and generally requiring organisations to obtain the explicit consent of individuals. The collection, use or disclosure is in general limited to purposes that would be considered appropriate to a reasonable person in the given circumstances, Sec. However, an individual would be deemed to have given his consent for the collection, use or disclosure of his personal data if that individual voluntarily provides his personal data to an organisation, and if it is reasonable that the individual would voluntarily provide the data under the circumstances, Sec.
Data processing for other purposes is not allowed, Sec. Consent for collecting, using or disclosing personal data gained by providing false, deceptive or misleading information is invalid, Sec 14 1 , 2 PDPA. Provide individuals with access to the personal data stored by the organisation upon request, Sec. Consent can be obtained through electronic means online and can be withdrawn at any time.
In this case the organization shall inform the individual of the likely consequences of withdrawing his consent, Sec. The respective consent cannot be taken as a condition for providing a product or service beyond what would be reasonable for the provision of that product or service. On the other hand, there are numerous exceptions of purposes for collection, use and disclosure of PD stated in the Act and especially in the Schedules attached to and referred to by the Act for many reasons, e.
It is advisable to check the broad catalogue of exceptions in the Second,Third and the Fourth Schedule to the PDPA every time PD are to be collected, used or disclosed, whether consent is necessary or dispensable. In summary16, the main obligations of the organisations falling under the regulations of the PDPA when it comes into force in January will be to: 1.
Obtain consent for the collection, use or disclosure of personal data if necessary; 3. Make reasonable efforts to ensure that the personal data collected by or on behalf of the organisation is accurate and complete; 4. Protect the personal data in its possession or under its control by making reasonable security arrangements to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks;.
Protect all personal data in its custody. However, the organization may continue to use personal data that have been collected before the data protection provisions of the PDPA come into effect on July 2, for the purposes for which the personal data were collected, unless the individual has withdrawn consent, Sec. If there is a different purpose for the use of the personal data, consent has to be obtained for this new purpose once again. In particular, the PDPA provides that in the event that the Commission established under the PDPA has already made a decision regarding the contravention in question, the civil proceedings will only be able to commence after the decision has been finalised, as a result of there being no further right of appeal.
This appeal has priority over the application for reconsideration according to Sec. Both procedures shall not suspend the effect of the affected decision or direction, except in the case of an appeal against the imposition of a financial penalty or the amount thereof or unless the Commission or the responsible Appeal Committee in any particular case decides otherwise. Further appeal against or with respect to the decisions and directions of the Appeal Committee is to be made to the High Court and, after that, to the Court of Appeal under the conditions of Sec.
This registration will not expire and is therefore permanent. The DNC Registry does not cover messages sent for other purposes, such as service calls or reminder messages sent by organisations to render services bought by the individual. Messages for pure market survey or research and those that promote charitable or religious causes are also not covered under the DNC provisions, same as telemarketing calls or messages of a commercial nature that target businesses Any party aggrieved by directions or decisions made by the Commission may within 28 days apply to the Commission to reconsider certain directions or decisions17, Sec.
The Commission is empowered to furnish one or a several numbers of DNCs for different kinds of specified messages, Sec. By now the Commission established three separate DNC Registries for voice calls, text messages and fax messages In those cases mentioned before and additionally against the decisions following the reconsideration procedure according to Sec.
Therefore an organization has to apply for an account for a main account on the DNC Registry website subject to a fee I Obligations for companies Companies operating in Singapore will need to consider the impact of the PDPA on their operations and ensure that, by July , their data collection and handling processes comply with the new rules set out in the PDPA. Companies that conduct direct marketing activities will have a duty to check the DNC Registry and will need to establish processes to ensure that, by January , they do not market goods or services to a telephone number listed on the Do-Not-Call Registry without obtaining clear and unambiguous consent in writing from the subscriber or user of that telephone number.
In light of the significant impact that the PDPA has on the operations of all private sector organisations, such organisations should prepare to be compliant with the PDPA provisions and to thoroughly familiarise themselves with the PDPA so that early preparations for the establishment of the necessary compliance measures can be put into place.
Statement of the Data Protection Commission on their homepage: www. Including the direction to pay a penalty of an amount not exceeding SGD 1,,,-, see Sec. As the PDPA was meant to be just a baseline law24, this result is not surprising. Furthermore the complexity of the regulation may make it hard especially for foreign organisations being dependent on PD collection, use and disclosure on Singaporean territory for their businesses, to foresee the need of consent in every case.
Only time will tell, how the PDPA regulations will be applied by the Commission on a day-today basis and how the Appeal Committees and the courts will handle them in specific issues. See Sections 2, 17 1 , 2 , 3 , 21 4 referring to the Second Schedule para. Further details can be obtained from the statements of the Commission at: www. Part IX Sec. It should be noted that many kinds of messages and purposes to send messages are explictly excluded in Sec. See the statement by the Commission at: www.
For further details about the procedure and the fees see also: www. See also the statement by the Commission at: www. Aunque sean a cargo del ejecutado, deben ser adelantados por el ejecutante con el riesgo de que no pueda recuperarlos todos o una parte. En segundo lugar, todos los Estados de la UE han aceptado la importancia del derecho a la tutela judicial efectiva art. Kennett ; Hess Y para que no.
Cualquier comentario es bienvenido: francisco. Sentencia de la Cour Cassation de Maier en Extraterritorial jurisdiction in theory and practice Ed. Karl M. Meessen , Ed. Kluwer Law International, pp. Republic of the Philippines v. Marcos, F. Denied US Citado en McLachlan Sentencia de la Corte Permanente de Justicia Internacional de Comares Bassatne  Ch And others vs. Hong Kong and Shangai Banking Co. Ver al respecto Cuniberti El art. Jimeno Bules menciona la tutela judicial efectiva como objetivo fundamental del derecho procesal europeo.
STEDH STEDH 2. Ver Kennett West Tankers Inc. Se apoya en la STS Civil de Dresdner Bank AG, par. JPY 1. He is reluctant to go home because he does not want to tell his parents and his soon to be ex! The analysis of the situation will be as follows under the laws of Japan:. X or his wife. If Mr. It follows that it is theoretically difficult for Mr. X to protect the prize from his wife.
In Japan, a married couple may divorce by mutual consent without the intervention of the court; however, if Mr. X seeking monetary claims equivalent to half of the prize which Mr. X gained. Such claims are more likely than not accepted by the court to some extent at least, depending on the length of their marriage , in which case Mr. X may be obliged to allocate nearly half of the prize to his wife upon divorce. Practically speaking, however, in the event of a suit filed by Mr. Therefore, it would be even more difficult for Mr. Therefore, there is no need to discuss its protection from Mr.
In theory, however, if Mr. III Protection from his parents. Under the laws of Japan, given that Mr. X is an adult2, his parents have no custodial right to his property at least legally and thus his parents have, at the outset, no right to his prize. Therefore, there is no need to further discuss Mr.
Practically speaking, similarly, the legal successors bear the burden of identifying the details and the nature of Mr. X conceals the location of his property to his family, etc. X, if he wants to protect his wealth, including his newly-acquired assets, from potential creditors? X suppose, for example, if Mr. X makes big loans but fails to repay them when due , if the prize in question rests in Mr. Practically speaking, however, under the laws of Japan, Mr. X Establishes. This rule is not statutory but has been established by case precedents and theories.
For instance, in the circumstances referred to below, in particular, Company A and Mr. X as well as the debt of these parties can be seen as inseparable and identical, which follows that Mr. In this regard, to be qualified as cases of abuse of legal personality, it would be required for his creditors to demonstrate the facts of i Mr.
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III Action. What if Mr. X establishes Company A outside the territory of Japan and transfers the prize or the property deriving there from to Company A? When Mr. X owns shares in Company A, such. X intentionally transfers his assets, especially the prize gained in Macau, to a third party with a view to evading the compulsory. In the present case, even assuming that Japanese law governs Mr. As stated earlier, retaining the prize in a non-Japanese bank account or as equity in a non-Japanese company could similarly serve as passive protection against Mr. The scheme being complicated, to put it simply, Mr.
X establishes a SPC whose sole business objective is to administer certain real estate, in which Mr.