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Re: [soac-mapo] Draft Rec for "Incitement" (for Summary of Issues/Recommendations)

  • To: Mary Wong <Mary.Wong@xxxxxxxxxxx>, soac-mapo <soac-mapo@xxxxxxxxx>
  • Subject: Re: [soac-mapo] Draft Rec for "Incitement" (for Summary of Issues/Recommendations)
  • From: Konstantinos Komaitis <k.komaitis@xxxxxxxxxxxx>
  • Date: Thu, 9 Sep 2010 23:20:50 +0100

Thanks Mary for this. I agree - 'incitement' is an unfit term for this process 
and is used erroneously. I support the recommendation for the term to be 
removed.


KK


On 09/09/2010 23:01, "Mary Wong" <Mary.Wong@xxxxxxxxxxx> wrote:

I agree, and note that Richard used the phrase "Principles of Ordre Publique" 
in an earlier email. I've adopted it in the attached draft recommendation on 
the use of the term "incitement" (and thank Konstantinos for starting the draft 
and dredging up the various emails concerning the issue!)

I've also used the same font as Margie, in the hope it will facilitate editing 
and insertion.

Something on Quick Look to follow, shortly .... (I hope :)

Cheers
Mary

Mary W S Wong
Professor of Law
Chair, Graduate IP Programs
UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW Two White Street Concord, NH 03301 
USA Email: mary.wong@xxxxxxxxxxx Phone: 1-603-513-5143 Webpage: 
http://www.law.unh.edu/marywong/index.php Selected writings available on the 
Social Science Research Network (SSRN) at: http://ssrn.com/author=437584

>>>
From: Konstantinos Komaitis <k.komaitis@xxxxxxxxxxxx>
To: Margie Milam <Margie.Milam@xxxxxxxxx>, soac-mapo <soac-mapo@xxxxxxxxx>
Date: 9/9/2010 5:55 PM
Subject: Re: [soac-mapo] Summary of Issues/Recommendations
Dear Margie,

Thanks for this, it is really helpful.

One point - I think we decided at this point to use the term 'ordre publique' 
and abandon the term 'public interest' when it comes to objections. I think 
'ordre publique' came out of our discussion with Carroll and it is something 
that Mary also suggested (?).

Thanks

KK


On 09/09/2010 19:33, "Margie Milam" <Margie.Milam@xxxxxxxxx> wrote:

Dear All,

Please find enclosed for your review suggested language that summarizes the 
topics discussed and the proposed recommendations.  Although some of you are 
working on language to insert in this document, I thought this might serve as a 
starting point for you.

It is very difficult to glean all of the details from the email list, so please 
accept my apologies if I misstated the principles or the recommendations.   
Also,  there are areas where I was unable to sketch an outline of the issue or 
proposed recommendation, such as the Quick Look Procedure, Timing of Rec6 
Dispute, and Guidebook Criterion 4.  Hopefully volunteers can assist in 
describing the issue and proposed resolution.


Thanks,
Margie










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