E-COMMERCE

In a few short years a presence on the Internet has moved from being an interesting experiment to a necessity for modern businesses. But the appropriate standards for e-commerce are still being developed.

When does use of a trade-mark on-line count as use of a trade-mark in a particular country? How much data protection and security is required? What kinds of transactions can be conducted on-line, and what is the nature of the evidence required if a transaction is disputed? And where is the courthouse in cyberspace? In an international transaction which country's courts can or should take jurisdiction? Whose law should apply?

We have assisted clients with e-commerce developments in Canada and internationally, including obtaining domain names in difficult jurisdictions, advice regarding trade-mark infringement on the internet in several languages, copyright advice, and preparing terms of use and privacy policies. Determinations regarding the countries having jurisdiction over the web site and the transactions need to be made each time such advice is given.

Specifically we obtained the first internet liquor license in Canada, successfully argued issues regarding what constitutes use in Canada of a trade-mark used on the internet, advised a financial institution and others on the electronic processing of the documents required for the distribution of automobiles, and advised on the privacy policy requirements of a number of jurisdictions. We have worked on outsourcing arrangements in a number of industries and areas, including outsourcing to India.

Our Publications and Updates in this Area are available as Resources.