April 14, 2009
It is undeniable that Cambodia is changing. When I arrived in Cambodia in 1995, one in three Cambodians I met carried a weapon. Arms were for many the only way to ensure security. Yet, in the decennium I live in Cambodia, I have never seen one used against me or anybody, except for one: a policeman shot some game in the forest but didn’t catch it.
I’ve collected weapons. 5 years ago, I travelled to Dey Krohom village in Kratie province along roads which the year after were de-mined because the road was part of what once was the National road from Phnom Penh to Kratie and Stoeung Treng and is was going to be rebuilt into what Cambodians cal a “speedway”. I’ve seen the mines when a year later, I travelled the same road again to inspect my development projects.
Each one might have killed me. Do you know that mines tend to float under the soil and move where no-one expects any mines.
>From 2000 to 2004, I worked for the EU ASAC, an EU weapons management programme for establishing weapons security to the country. My job was to help collect weapons from the civilian population which was only a small part of a much more encompassing programme. My job also included implementing police support regarding to security as a complement to the weapons collection.
The programme was implemented on the request and with the full support of the Cambodian government. Next week, the government will destroy some 8,000 weapons and thus bring the total of destroyed weapons since the start of the EU peace plan to more than 175,000 weapons.
These weapons include not only weapons from the civilian population, but also military surpluses. Some argue that it is the oldest weapons that were destroyed, but all of the weapons in the destruction were usable. Being usable - if only for spare parts -, they could be sold on the black market and used in other conflicts in the region.
By destroying those weapons, the Cambodian people acts as true Buddhists, choosing for Peace in the Region. “Put down your weapon, take up the Dharma” edified the Buddhist Teachers. And that is what Cambodians are doing.
The EU has been the initiator of the multi-facetted peace programme. Two Japanese organisations are fulfilling the promises of European initiators: if you make peace development will come. Cambodian people have turned their weapons. JSAC and JCCP, two Japanese organisation now offer development projects to the villages, communes and districts that have surrendered all their weapons and are proven weapons-free. Clean water wells are in some places the highest priorities, elsewhere schools or school toilets were built.
The principle of the weapons collection project was not to pay for the weapons, but to offer community-owned projects instead. Every weapon that was collected from the civilian population had to be destroyed and was.
The military surplus weapons are those that are left over from the EU ASAC Weapons Registration and Safe Storage project. Here safe storage buildings for weapons and computerised registration system have been provided to the Cambodian Army and Gendarmerie.
The weapons are destroyed in public ceremonies in the presence of the population. These ceremonies are called “Flames of Peace.” EU, Cambodian or Japanese experts count the weapons as part of the process and check that no more ammunition remains in the weapon that could turn the celebration into a tragedy.
The EU assistance programme has also supported the National Committee for weapons management, the draft of a new arms law and oversees the implementation of that law.
Next week, two of those bonfires take place in Cambodia. On Monday 26 September, 3,430 weapons will be burned ceremoniously in Siem Reap province with Japanese support and on Tuesday about 4,500 in Sihanoukville with European support.
The Japanese destruction ceremony will take place in Angkor Chum district, there where the people have turned them in. The ceremony in Sihanoukville will take place on Ochheuteal Beach and is open to any visitor. If you happen to be in Sihanoukville, this is a unique occasion to witness the Cambodian contribution to peace building.
Comments Off
Legislation
The Indian law of geographical indications is enshrined in the the Geographical Indications of Goods (Registration and Protection) Act, 1999. This Act seeks to provide for the registration and protection of Geographical Indications relating to goods in India. The Act is administered by the Controller General of Patents, Designs and Trade Marks, who is the Registrar of Geographical Indications Registry. The rights granted under the Act, are operative in the whole of india.
What is a Geographical Indications
A geographical indication is a sign used on goods that have a specific geographical origin and possess essential qualities that are due to that place of origin. It is an Indication used to identify agricultural, natural or manufactured goods from a definite territory which have a special quality or characteristics or reputation based upon the climatic or production characteristics unique to the location. A geographical indication conveys consumer that a product is produced in a certain place and has certain characteristics that are due to that place of production. For example, no produces of whisky can call it Scotch, unless it has been produced in Scotland.
Examples of geographical indications from India include DARJEELING tea, BASMATI rice, KANCHIPURAM Silk Saree, ALPHONSO Mango and KOHHLAPARI slippers. Other examples of geographical indications include TUSCANY olive oil in Italy, ROQUEFORT cheese in France, and IDAHO potatoes in the United States.
A geographical indication is different from trademark. A geographical indication is used to identify goods having special characteristics originating from a definite territory whereas trademark identifies the source of the goods or services of one enterprise from those of others. Unlike Trade Marks which is proprietory in nature, with exclusive right on the owner to use the mark, a geographical indication is usually collectively owned by a Community, a group of producers or even by a Nation State.
Why does Geographical Indication need protection?
Geographical Indications denotes the origin and the quality of products which have acquired reputation and goodwill over time. False use of geographical indications by dishonest traders, for example “KANCHIPURAM” for sarees, which was not made in the Kanchipuram area of Tamil Nadu in India, is detrimental to purchasers and legitimate producers. Hence geographical indication needs protection.
Classification of Goods
Almost all jurisdictions including India follow International Classification system in which goods have been grouped into classes 1 to 34 for registration.
Rights conferred by registration
The registration of a geographical indication confers on the authorized users the exclusive right to use the geographical indication in relation to the goods in respect of which it is registered. The Registration offers better legal protection for an action for infringement.
Who Can Apply For A Geographical Indications
Any association of persons, producers, organization or authority established by or under the law can apply. The applicant must represent the interests of the producers of the concerned goods.
Who is an authorized user in relation to a Geographical Indication
A producer of goods can apply for registration as an authorized user, with respect to a registered Geographical Indication. He should apply in writing in the prescribed form along with prescribed fee.
Filing and Prosecuting Geographical Indications Applications
An application for registration of geographical indication shall be in presribed Form (Form GI-1 for the registration of a Geographical Indication in Part A of the Register by an Indian applicant; Form GI-2 for a convention application; an application for goods falling in different classes by an Indian applicant in Form GI-3 and an application for registration of goods falling in different classes from a convention country in Form GI-4).
The application should include the various requirements and criteria for processing a geographical application as follows:
How the indication serves to designate the goods as a GI?
The Class of goods;
The territory;
The particulars of appearance;
Particulars of producers;
An affidavit of how the applicant claim to represent the interest;
The standard bench mark or other characteristics of the GI;
The particulars of special characteristics;
Textual description of the proposed boundary;
The growth attributes in relation to the G.I. pertinent to the application;
Certified copies of the map of the territory
Special human skill involved, if any;
Number of producers; and
Particulars of inspection structures, if any, to regulate the use of GI.
Upon filing of the application accompanied by prescribed fees, a number will be alloted. The application would be examined on turn to check whether it meets the requirements of the GI Act and Rules. After issuance of the Examination Report submission would be considered. If no objections is raised it would be accepted and would be advertised in the Geographical Indications Journal. An opposition can be lodged within a maximum of four month period. If the opposition is dismissed, the application will proceed to registration in Part A of the Register.
After a geographical indication is registered any person claiming to be the producer of the registered geographical indication can file an application for registration as an authorised user in Part B of the Register.
Duration of a geographical indications
The term of a geographical indications registration is for a period of ten years. The renewal is possible for further period of 10 years each. If a registered geographical indication is not renewed, it is liable to be removed from the register.
Remedies For Infringement
The Act also provides criminal remedies. First, the intentional falsification of a geogrphical indications will bear a prison sentence of at least six months. This may be extended to three years and be accompanied by a fine. Second, the police may conduct search and seizure operations without any warrant. In essence, unauthorized parties may not use geographical indications if such use is likely to mislead the public as to the true origin of the product.
P.M.George Kutty, Attorney at Law of http://www.pmgip.com
Comments Off
We are destroying our freedoms and slowing innovation, due to our belief that we can regulate morality by laws, that we can protect the most ignorant or mentally challenged individual in society by making a law; hardly possible. We have systematically allowed over burdensome laws to be made which support no freeman in this period only give work to ‘wordsmithers’ who claim to be helping us as they help themselves to our hard earned money.
The United States is the laughing stock of the world with all of our laws, rules and litigation. We are so handicapped here in the states that there is no free enterprise, it is paid enterprise and the payments are going to the extortionists claiming to be purveyors of fairness when in fact they have hijacked the very laws they purport to uphold. Now we have intent of law, letter of the law, case law in every jurisdiction known to mankind with no rhyme or reason to them based on biased judgeships. We take all this to somehow represent truth, justice and the American Way? HA HA HA. Surely we can do better than this?
I enjoyed a recent Seattle Lawyers take on punitive damages entirely. I find it most interesting this pain and suffering thing? Since when is your little toe worth one million dollars; if it is I have two; I for sure do not need. Then maybe I can then put my feet inside of Nikes instead of New Balances. Fork over the 2 million; this is pure insanity indeed, the Seattle Lawyers is most correct as his recent article in the American Bar Association Magazine was right on the money.
The over all costs to society are simply outrageous since, every dollar stolen from deep pockets companies or individuals has to be made up and in the case of a Corporation it must be accounted for in the shareholder’s equity and quarterly profits, so the price of doing business goes up and with that the costs of everything we need to function in a civilization? Why? Transfer of wealth to those who do not have the tenacity, where with all, or hard work ethic to earn it in a free market? Giving to those who will not work for it and are not willing to put in their share of what they wish to take out? We spend so much time justifying our right to be irresponsible to anything that comes our way. To sue, in case opportunity arises. Are we quite sure this is what we signed up for? I think not. What do you think? I think the Seattle Lawyers are right.
Run away lawsuits are part of the break down of society, the fiber of America is being torn apart by abuse in tort law. We are causing artificial inflation to everything we buy and sell. We are allowing linear thinking in judgments, with no regards to reality. We are allowing juries and the public to “feel good” rather than serving justice. Is this all the better we can do?
There are many great websites dealing with these issues and discussion of the problems with tort law. If we do not fix these things, it will be the end of the greatest civilization in the last 10,000 years, The United States of America, a mere foot note in the annals of history? Surely we can fix this. It is so interesting as we watch these suits and read about the runaway judgments, to supposedly teach companies and people a lesson, yet the lesson which needs to be taught the most would be that you cannot have a free ride and steal in this country, yet the way the tort law is set up gives all the power to lawyers, who have yet to produce anything of value and takes from the entrepreneurs, people and companies who have endured to press on for the betterment of all mankind. Those who are dedicated to build for tomorrow, to bring products and services that Americans need and desire and to make them available for all the world are being railroad by the laws which were to guarantee their right to free contract and make worthy such risks and rewards to make it so.
We cannot continue as a Nation without tort reform. And we seem to be exporting our bad habits in a tit for tat game with the rest of the World. As we teach them our abusive systems of law, they too will begin to play and their laws and rules and court findings even more corrupt than our own even though one could argue this is the most fairest of all countries in that regard. Before we dictate to the reest of the world the best method of doing business, perhaps we might wish to get our own house in order, obviously no one appears to be all that serious, after all we just had a runner up in one major party for President of the United States of America who was Trail Lawyer, yes handsome, but please, have we gone down the wrong road so far that we fail to see that we might have potentially turned over the entire leadership of the country to a trial lawyer? We already have too many lawyers in leadership and now with our regards to the needed reality check we are training more? Why, young people see lawyers driving nice cars and making money and on the front pages every day and they admire this and want to be just like them.
“Lance Winslow” - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/
Comments Off