Re: [soac-mapo] Redefiningthe 4th criteria

[Stuart Lawley <stuart@xxxxxxxxxx>]

Between Philip and Richard we may be onto something.


Stuart Lawley

Via Wireless


On Aug 31, 2010, at 3:36 AM, "Philip Sheppard" <philip.sheppard@xxxxxx> wrote:

> 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".