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RE: [soac-mapo] Redefiningthe 4th criteria

  • To: "'soac-mapo'" <soac-mapo@xxxxxxxxx>
  • Subject: RE: [soac-mapo] Redefiningthe 4th criteria
  • From: "Philip Sheppard" <philip.sheppard@xxxxxx>
  • Date: Tue, 31 Aug 2010 09:36:41 +0200

To follow on from Richard Tindall's proposal that one useful path would be to
redefine (ie make clearer or more specific) the 4th DAG criteria of:
e.g. 'legal norms relating to morality and public order' 
'recognized under general principles of international law' .
 
Again I find some help in the guidelines of the EU TM office.
See edit below:
 
Philip
------------------------------------------------
What it covers
"Accepted principles of morality are those that are absolutely necessary for the
proper functioning of a society". 

"directly against the basic norms of .. society". 

"clear offensive impact on people of normal sensitivity". 

EXAMPLES of exclusion

"blasphemous, racist or discriminatory phrases, but only if that meaning is
clearly conveyed ...in an unambiguous manner";  

"direct references or incitements to commit criminal acts". 

"names of terrorist organizations as they would be perceived as a direct support
for them" 

What it does NOT cover

"not concerned with bad taste or protection with feelings of individuals"

"not what might be considered in poor taste" 

"not applied subjectively as to ...the personal taste of the examiner". 



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