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Wednesday, July 28, 2010
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Thanks to Joanna Dizon, here we have a very interesting article on the Philippines Gaming laws, if you want to write an article for GamingTechLAW, just drop an email to me, Giulio Coraggio. Enjoy the article!
 
Punishable Games:
In general, punishable games are divided by above laws in the following categories:
• forms of gambling and betting which includes illegal or unauthorized games of cockfighting, jueteng, jai-alai or horse racing including bookie operations, game fixing, numbers, bingo, masiao, last two and other forms of lotteries;
• games using dice such as cara y cruz, 7-11, pompiang, and similar others;
• card games such as black jack, lucky nine, poker, and its derivatives, monte, baccarat, cuajo, pangguingue, and similar others;
• games using plastic tiles such as paik que, high and low, mahjong, domino and similar others;
• games using mechanical contraptions and devices such as slot machines, roulette, pinball, and similar others;
• forms of races such as dog racing, boat racing, car racing, and similar others;
• forms of individual or team contests such as basketball, boxing, volleyball, bowling, pingpong, point shaving and other machinations where waging of either money or other articles of value is involved;
• games such as banking or percentage game;
• other games analogous to any of the categories previously enumerated where waging is involved and money or any article of value is at stake.

Punishable Acts:
• direct or indirect participation in any prohibited game;
• under the Revised Penal Code of the Philippines, punishable acts include deliberately allowing any form of gambling in any inhabited or uninhabited place, building, vessel or other means of transportation owned or controlled by the offender; the importation of lottery tickets or any advertisements of such in the country; sale of said tickets; and even mere possession of the tickets;
• P.D. 1602, on the other hand, punishes willful possession without authority of any lottery list, paper or other matter containing letters, figures, signs or symbols relevant to or in any manner used in the games of jueteng, jai-alai or horse racing bookies, and similar games of lotteries and numbers, regardless of whether actual gambling is taking place. Failure of a barangay official to stop the operations of a gambling place within his jurisdiction despite knowledge thereof also makes him liable;
• under R.A. 9287, a parent, guardian, or any person exercising authority or moral ascendancy over the minor, ward, or incapacitated person who induces the latter to participate in any illegal numbers game shall also be liable.

Who is liable:
The persons considered liable are those enumerated below:
• Bettors, persons betting through another, and the like;
• Government officials who participate in gambling operations whether indirectly as a maintainer, conductor or operator, or directly as the umpire, coach, judge, and the like in cases of game fixing, point shaving and machination;
• under R.A. 9287, the following persons are likewise held liable for participating in illegal numbers games:
1. collectors or agents also referred to as cobrador, cabo, coriador---those who collect bets in behalf of other persons and who are usually in possession of gambling paraphernalia;
2. coordinators, controllers, or supervisors also known as encargado—those who take charge of the collectors or agents;
3. personnel or staff of the maintainer, manager, or operator---watchmen, ushers, table manager or any other person responsible for ensuring the smooth flow of actual gambling operations;
4. maintainer, manager, or operator---those mainly responsible for the entire operations of illegal numbers games and from whom the coordinators or collectors take orders;
5. financiers or capitalists---those who furnish the needed capital for the gambling operations
6. protectors or coddlers--those who provide protection or any insulation from apprehension of the offenders.
• under P.D. 1602, any security officer, security guard, watchman, private or house detective of hotels, villages, buildings, enclosures and similar other places having the reputation of a gambling den or places where actual gambling activities are held shall likewise be liable.
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Thursday, July 15, 2010
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As expected, the Italian Gaming Authority has notified to the European Commission the draft decree setting out the new Italian licensing regime. The draft decree will be subject to the review of the European Commission up to the 15th of October 2010 and, if no comments are raised by the other EU Member States, it is likely to be finally approved shortly after that. After the publication of the decree on the Official Gazette, new operators will be able to apply for an Italian remote gaming license.
On the basis of a preliminary review of the draft decree, the most relevant provisions appear to be the following:
  • the company holding the remote gaming license has to be established in any country of the European Economic Area, but the servers of the company can be located in any country of the EEA or in any other country that has entered into a bilateral agreement with AAMS;
  • operators will be entitled to resell gaming vouchers to recharge gaming accounts and therefore the so called "punti di commercializzazione" will not be fully banned, but it will be prohibited the installation of gaming terminals (i.e. totems);  
  • the guidelines for the certification of gaming platforms for poker cash games and casino games were notified together with the draft decree and, as a consequence of that, the launch of such new games is likely to occur shortly after the final approval of the decree.
Given the above, it is time to get ready for new operators planning to target the Italian gaming market. In this respect, feel free to contact me, Giulio Coraggio, if you need assistance in relation to the above.
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Monday, July 12, 2010
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After the long awaited landmark Louis Vuitton v. Google decision, the European Court of Justice (the "ECJ") has issued another interesting decision on the use keywords in search advertising systems (e.g. AdWords) that however reviews the issue on the advertisers' side. 
The ECJ held that a trademark holder can prohibit from advertising an advertiser that - without the consent of the trademark holder - selected a keyword for an Internet referencing service identical with/similar to trademark registered by the former in relation to goods/services identical to those in respect of which his mark is registered, "where that advertising does not enable average Internet users, or enables them only with difficulty, to ascertain whether the goods or services referred to by the ad originate from the proprietor of the trade mark or from an undertaking economically linked to it or, on the contrary, originate from a third party". Also, the ECJ added that in such circumstances advertisers cannot rely on the exceptions to the applicability of the abovementioned prohibition prescribed by Article 6(1) of the Trademark Directive 89/104/EEC but it is up to national courts to determine the applicability of this exception on the basis of the particular circumstances of the case.
This decision confirms the position initially taken by the ECJ in the Louis Vuitton v. Google case, but it will be interesting to see how these decisions will be followed by national courts and which level of cooperation by the provider of the Internet referencing service in the selection of the keywords chosen by the advertiser will trigger his liability in addition to the one of the advertiser.
Do you want to discuss the implications of the abovementioned decision on your specific case or business? Feel free to contact me, Giulio Coraggio. 
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Thursday, July 8, 2010
Friday, July 2, 2010
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Dear Reader,
This is to inform you that with effect from today I will be leaving my current law firm to join the Rome/Milan offices of DLA Piper which is one of the largest law firms in the world with 3,500 lawyers in offices throughout Asia, Europe, the Middle East and the United States and with a tremendous expertise in the technology law field that is recognized worldwide.
I will be always very active in the gaming, Internet, technology, telecom and privacy sector, but my contact details will change. Here is my new email address
Giulio
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