ONLINE INFRINGEMENT online, while companies can be legally
responsible in the local jurisdiction based on the extensive interpretation of legal bodies.
these national
Social responsibility In 2010, the Venezuelan Congress amended the Law on Social Responsibility on Radio and Television passed in 2004, incorporating the regulation of electronic media communications. Although this law is the only one directly regulating
communications in Venezuela, it
Internet and electronic media does
not establish specifi c actions related to IP infringements.
T is law has been widely criticised for allowing government interference in the private sector, but it now explicitly includes the regulation of
OLD LAW, NEW PROBLEMS: IP ONLINE IN VENEZUELA
Internet entrepreneurs face considerable uncertainty over their IP when operating in Venezuela, says Joaquin Nuñez.
In many countries in Latin America, there is a lack of regulations and institutions intended to protect and safeguard the content of the Internet. Venezuela is no exception.
Although some advances have occurred in the last few years, current legislation in Venezuela does not set clear guidelines to protect and safeguard IP assets online. A common misconception is the application of telecommunication laws as part of the Internet regulatory framework, as this set of laws does not handle the real issues concerning IP on the Internet.
Accordingly, Venezuela is presently handling IP infringement actions on the Internet based on the Industrial Property Law of 1955, even though this elderly law does not explicitly
regulate electronic media communications and the Internet.
T is situation has allowed new Internet companies to enter the market with hardly any barriers and without the necessary government control regarding IP assets. Most online legal disputes are based on non-specialised laws, as judges usually apply existing law with a broader scope to regulate online content.
T ese uncertainties are aff ecting Internet entrepreneurs with the planning and execution of their own business strategies. In the Latin American Internet market, it is diffi cult to gain and establish competitive advantage due to the changing nature and fast-moving environment
144 World Intellectual Property Review September/October 2013
the Internet and other electronic media
communications establishing rules, primarily, for the kind of content that is presented to the general public through the media.
T e law establishes precise governmental control mechanisms that any electronic media provider, advertiser, and national independent producer must implement in order to prevent and remove any illegal content in accordance with this law. In addition, the law establishes signifi cant economic fi nes for those electronic media providers that allow any activity that can be subjectively considered as contrary to ethical and good public moral standards.
T e Law on Social Responsibility on Radio, Television and Electronic Media also explicitly prohibits texts, images, sounds, contexts and graphic descriptions showing violence, nudity and sexual violence in any form, as well as any kind of message that directly or indirectly tends to attract the attention of the public to the consumption of illegal substances, war propaganda, mass media manipulations, and the diff usion of messages inciting and promoting hate, among others.
T e law is primarily considered as a legal body pursuing ‘social and local culture awareness’ in all sectors in the Venezuelan public media community. However, based on the nature of the Internet market, the private sector is demanding a specialised legal body to prevent, control, and enforce illegal IP activities that may aff ect their businesses.
Knowing your local partners and service providers
T ere are great risks for national and international Internet businesses that must be taken into consideration before contracting and
www.worldipreview.com
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