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PER: Potchefstroomse Elektroniese Regsblad
versão On-line ISSN 1727-3781
PER vol.16 no.4 Potchefstroom Abr. 2013
Harnessing Intellectual Property for development: Some thoughts on an appropriate theoretical framework
CB Ncube
LLB (Zimbabwe) LLM (Cantab) PhD (Cape Town). Associate Professor, Department of Commercial Law, Unversity of Cape Town. Email: firstname.lastname@example.com
This paper considers how an appropriate theoretical framework for Intellectual Property may be constructed. Such a framework would be the lens through which contested IP issues may be resolved and upon which national IP policy and legislation might be based. The paper begins by highlighting the inherent tensions in IP, which are caused by the various stakeholder interests that this body of law seeks to balance, and by the cross-cutting nature of IP. It contends that in order to more equitably balance the contesting rights of the creators and users, IP rights should be formulated and enforced so as to meet societal goals or serve public interest, be responsive to the economic environment, and take cognisance of the human rights claims of both creators and users.
National socio-economic goals should inform such a framework in a way that ensures that IP is used as a means to achieve these goals and is not perceived as an end. This will require nuances in policy and legislation that meet the country's needs. In particular, as a developing country South Africa would do well to exploit available flexibilities in the various international IP agreements by which it is bound.
Due regard also ought to be had to the users' need for affordable access to IP-protected goods in order that they may exercise the right to work and access to knowledge, as provided for by ss 22 and 16 of the Constitution respectively. Similarly, creators ought to be given due recognition, together with reasonable reward and remuneration for their efforts. This will be achieved through the creation of an IP system that provides protection that is compatible with the nature of the good being protected and the manner in which the creative process unfolds. Such protection should rely on registration systems are efficient, simplified and affordable. The accompanying enforcement system should be equally accessible, although the costs of enforcement would depend on the forum used to secure redress. Finally, the resulting IP regulatory framework should be both certain and clear.
Keywords: Intellectual property, equity, stakeholder interests, right to work, access to knowledge.
1 Introduction
Intellectual Property (IP) law is expected to provide equitable protection for eligible kinds of works in virtually all industries; to achieve fair treatment of creator, user and societal interests; and to contribute to a country's efforts to achieve economic development. This is a tall order and debates pertaining to IP law tend to be heated and heavily contested due to the tensions caused by these high expectations. In an effort to move such debates forward, this paper advances a nuanced framework through which contested IP issues may be resolved and upon which national IP policy and legislation may be based.
This is a timely discussion as South Africa is engaged in national IP Policy formulation and public consultation is in progress.1 There are also current continental and international IP debates in which the country has a stake. Continentally, the establishment of a Pan-African Intellectual Property Organisation under the auspices of the African Union is on the agenda.2 Internationally, a treaty on Limitations and Exceptions for Visually Impaired Persons/Persons with Print Disabilities was adopted at a diplomatic conference on 28 June 2013.3
IP law is fraught with tension for three main reasons. First, its cross-cutting nature and diverse scope of coverage generates numerous issues in need of resolution across a range of different industries. These range from the appropriate protection of computer programs4 to the manner in which copyright law facilitates meaningful access to knowledge for learners and the visually impaired.5 Another topical IP issue is the protection of traditional knowledge (TK).6 The core of the debate is whether IP protection is suitable, whether a sui generis system should be crafted, or if a combination of the two approaches should be adopted. A policy7 and various iterations of a Bill providing for IP protection have been published by the Department of Trade and Industry (DTI) as has a privately drafted alternative version of the Bill.8 In 2012 the Intellectual Property Laws Amendment Bill No 8B of 2010 was passed by both the National Assembly and the National Council of Provinces but was denied Presidential assent9 and returned to the National Assembly. Presidential assent was withheld because the Bill had not been dealt with as required by s 76 of the Constitution of South Africa, 1996 and it had not been referred to the National House of Traditional Leaders as required by s 18 of the Traditional Leadership and Governance Framework Act 41 of 2003. This paper will not rehash the discussion of the appropriateness of IP protection for TK that has already been held in many forums. It only seeks to highlight the main point of contestation in this discussion, which is whether or not IP law is suited to the peculiarities of TK, which include communal creation and ownership and the fact that TK often does not meet the eligibility criteria of IP protection such as novelty (for patent protection) or material fixation (for copyright protection). Perhaps, informed by these concerns, the Department of Science and Technology (DST) is creating sui generis protection for TK10 to complement the DTI's approach. These two different departmental approaches show that this issue is so complex that even government departments are in favour of different approaches.
The second reason for the inherent tensions in IP law is that it seeks to simultaneously address the position of three distinct constituencies: including the creators or owners, the producers, and the users of IP11 - or society in general. The creators of IP can generally be said to desire full control of their IP and therefore seek to obtain strong IP protection. Their main needs are for "recognition, respect and remuneration".12 The producers of IP, who commercialise creators' works, seek enforceable protection for IP and competitive markets that will enable them to recoup their investments.13 Like creators, producers favour strong protection. On the other hand, the main needs of the users of IP are "access to and affordability of scientific and cultural technology."14 Consequently, they seek to avoid undue restrictions on their usage of the IP concerned and generally prefer minimalistic IP protection. In other words they prefer little or no protection at all. IP policy and law need to balance these competing stakeholder interests. Such a balancing act needs to be achieved within an equitable, constitutionally sound and economically viable policy scaffold. Section 3 below outlines such a model of equitable IP.
Thirdly, the relationship between IP law and economic development and the role IP can play as a means of achieving economic development has been misunderstood. Previously it was thought that having an IP system akin to developed countries' current systems would guarantee economic growth.15 It was believed that a strong IP system was the key to economic growth. Recent scholarship has challenged this notion and shown that law, including IP law, is an important component and driver of economic growth.16
It has also been shown that developed countries began with minimal IP protection to encourage innovation and economic growth.17 These systems were incrementally strengthened in tandem with economic growth.18 This same approach is being used by today's fastest growing economies. Brazil, Russia, India and China's IP systems are not as strong as those of developed nations, leading to some conflict as they are pressurised by developed nations to strengthen their IP systems.19 As a result of the manner in which their IP systems have been calibrated, Brazil, 20 Russia, India and China's21 economies are thriving. South Africa's experience substantiates this argument, because there have been minimal FDI inflows into the country22 although it has a relatively strong IP system,23 as is proven by its consistently high IP system rankings.24 In contrast, Brazil, Russia, India and China have weaker IP systems than South Africa,25 but have received substantially higher FDI inflows than South Africa.26 Therefore South Africa would do well to learn from her fellow BRICS and adopt a conservative IP regime which favours minimalism, within the bounds of her international obligations, until national socio-economic goals have been achieved.27
This paper engages in a broad discussion of IP and does not focus in depth on any particular type of IP protection. However, it is important at the outset to note that the theoretical framework outlined in the paper ought to be followed by more robust consideration of each type of IP in any future policy formulation. To illustrate how this may be done, the paper uses examples relating to patent and copyright protection for computer programs and educational materials respectively. It also considers the protection of traditional knowledge, as this is a topical matter.
2 Overview of IP and the protection of TK
This section gives a very broad overview of IP law. It merely defines IP and introduces the various types of IP protection and does not engage in a detailed discussion of each type. IP law seeks to protect IP rights (IPRs) which are "legal and institutional devices that protect creations of the mind such as inventions, works of art and literature, and designs".28 IPRs may be divided into the two main categories of (1) industrial property and (2) copyright and related rights. Industrial property entails the protection provided by patents, trademarks, industrial designs, plant breeders' rights and geographical indications. It also includes the protection of utility models, trade dress and layout designs or topographies of integrated circuits, and protects against unfair competition, including the protection of trade secrets.29 Copyright protects the original expression of ideas, the expression having been reduced to fixed form, provided the creator of the work is qualified or eligible for protection in that jurisdiction. Related rights relate to performance and similar depictions of work.
3 In search of equitable IP
This section does not purport to provide a comprehensive theory of IP because this is a nearly insurmountable task that is both inappropriate and unnecessary for present purposes. Not even a leading text on the theory and philosophy of IP30 attempts to do this. The section merely constructs a nuanced framework31 to be used to evaluate the appropriateness of IP protection in South Africa. This framework is based on three principles, namely instrumentalism, the interests of the public, and the balancing of the constitutional rights of the creator and the user.
The first principle of the framework is its underlying instrumentalist worldview, which rejects the elevation of property rights above all other rights and advocates for property rights that serve moral values and seek the "improvement of human conditions and experience".32 Instrumentalism is in stark contrast to proprietarianism and universalism, which prioritise the property rights held by creators or owners over the rights held by users or society generally, on the national and international sphere respectively.33 Building on the basis of instrumentalism, this paper contends that in order to more equitably balance the contesting rights of the creators and users, IPRs should be formulated and enforced so as to meet societal goals34 or the public interest, to be responsive to the economic environment, and to take cognisance of the human rights claims of both creators and users. Each of these strands is discussed in turn below.
3.1 Public interest and the economic environment
The public interest approach to IP seeks to equitably balance the interests of creators and users in a manner that is beneficial to society generally. This approach is promoted by developmental agencies35 and is evident in their strategic decisions36 and in the international agreements they administer. For example, the Agreement on Trade-Related Aspects of Intellectual Property Rights, including Trade in Counterfeit Goods (TRIPS)37 article 7 provides:
The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations. (My emphasis)
This provision takes clear cognisance of the competing interests of producers and users of technological knowledge and calls for an equitable balancing of these interests. This position is reinforced by article 8(1) which in part provides:
Members may, in formulating or amending their laws and regulations, adopt measures necessary ... to promote the public interest in sectors of vital importance to their socio-economic and technological development, provided that such measures are consistent with the provisions of this Agreement. (My emphasis)
This provision complements article 7 but differs from it because it expressly refers to the advancement of the public interest in certain sectors. It is particularly significant because it acknowledges that IP laws ought to be formulated so as to promote socio-economic goals. It is therefore inappropriate to take a one-size fits all approach to IP laws, as each jurisdictions socio-economic status and developmental goals have to be taken into account.
To create a sound framework, it is necessary to anticipate criticisms of the public interest approach and to take them into account in the construction of an equitable IP model. A criticism that has been levelled against the public interest approach is that it is unclear which social ends are to be met by IP laws.38 In those instances where theorists venture to recommend the social ends to be met by IP laws, they are accused of being paternalistic because they seek to prescribe what would be good for people.39 Such accusations are countered by the fact that the selection of societal ends is essentially a democratic issue, and that IP laws should serve the goals a country has set itself through its legislative and executive processes.40 Accordingly, this paper looks to South Africa's government policies to ascertain the "good" to be attained. One of South Africa's key strategies is the encouragement of economic development through commercial enterprise by the provision of an enabling legal environment.41 Special cognisance has been taken of the contribution of SMEs to economic development and the government has committed itself to promoting local SMEs.42
How IP ought to be used to serve the public interest can be argued from a creator or user perspective, raising the question of which interests are paramount. It is thus necessary to devise means by which these contesting claims can be balanced. This paper proposes the use of the twin pillars of human rights and socio-economic conditions to attempt to break the deadlock between creator and user interests. The use of these pillars finds support in articles 7 and 8 of TRIPS for two reasons. First, these two articles have been interpreted as establishing "a human rights mandate" for TRIPS member states because of their close alignment with international human rights legislation.43 Secondly, the text of the articles makes express reference to economic welfare and development. Each pillar is discussed below.
3.2 Using human rights to balance stakeholder interests
The public interest approach is considerably strengthened by the incorporation of a human rights perspective, which can break the deadlock between contesting visions for IP protection if it is properly deployed. Care needs to be taken with the use of human rights narratives because they can be used both in favour of expanding IP rights (in the interests of creators of IP) and against such expansion (in the interests of users).44 The proper deployment of this narrative is to use it as a bottom-line or "baseline" for human rights goals, then work backwards to establish how IP law can be used to achieve those goals.45 It is thus necessary to find this baseline by looking to South Africa's Constitution46 and to the international obligations by which the country is bound.
3.2.1 The right to IP
The South African Constitution does not provide for the right to IP as a human right because the Constitutional Court held that the right to have IP protection is not a fundamental right.47 Dean48 argues that the court should have found that IP had the status of a fundamental right following article 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).49 Although South Africa has ratified the ICESCR, the country has not incorporated ICESR provisions into domestic legislation.50 The South African position is in marked contrast to the United States' position where article 1(8) of the United States Constitution expressly provides for IP protection. Scholars have thus been able to debate the constitutionality of various types of IP protection on the basis of whether or not that protection promotes the progress of science and the arts.51
In addition to constitutional clauses that protect IP specifically, as outlined above, there are also clauses that recognise the right of traditional communities to IP. The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)52 provides for traditional communities' rights to "maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions".53 The South African Constitution predates UNDRIP by almost a decade and therefore does not contain any equivalent provisions for traditional communities to protect their IP.
3.2.2 The right to work
Section 22 of the South African Constitution provides for the right to choose a trade, occupation or profession (the "right to work".)54 The Constitutional Court has held that the meaning of this right is not found in the semantics of defining a "trade, occupation or profession" but in identifying the purpose of such activities, namely, that every citizen has the right to choose and practice an economic "activity to pursue a livelihood".55 The courts have emphasised that this right is a "sacrosanct"56 aspect of South Africa's constitutional democracy which places a premium on human dignity.57 This right has both horizontal and vertical application and binds the state and natural and artificial persons.58 This means that in creating policies and enacting legislation the state is enjoined to respect this right. South Africa's IP laws must therefore not prejudice this right.
The right to work has been judicially considered in a number of cases relating to restraint of trade agreements and the regulation or prohibition of trade, where the courts have shown their commitment to ensuring its enforcement.59 However, it is yet to be considered in the context I am contemplating here, which is explained by the following two examples in relation to the protection of computer programs and TK.
If a person (A) chooses to be self-employed and to run an SME which employs a computer program to implement its business methods, it is conceivable that A could argue that the IP protection, arising for example by the patenting of one of these methods by another person (B), prevents him (A) from freely practising his chosen trade or occupation and that this is not justifiable in a democratic society. It is possible to patent computer programs and business methods because their exclusion from patentability in section 25(2) of the Patents Act is qualified by the "as such" limitation provided for in section 25(3). Therefore a business method or computer program that has a technical effect is not a business method or computer program 'as such' and is patentable. A's argument could succeed if:
1. A's business, or an aspect of it, can only be practised by using that particular business method,
2. a licensing agreement cannot be concluded between A and B,60 and
3. the IP protection excludes A or other creators from developing functionally equivalent methods.
A's argument is buttressed by the fact that the South African Constitution does not contain a right to IP, and B would therefore be unable to mount an argument in which he pits his own human rights against A's. A's argument could thus be successful.
However, B could contest A's claim that there is only one way in which to practise that element of A's business. B could therefore argue that as there are numerous permutations of the method in issue, and that A is not being prevented from exercising his right to a trade or occupation of his choice because he could use another equivalent method. However, A could counter B's argument by contending that the need to find alternative methods, the threat of infringement actions and the need to negotiate licensing with patent holders pose significant barriers (patent thickets) which he cannot overcome. Therefore A is effectively prevented from practising his chosen trade or occupation. This argument is likely to succeed because research has shown that these barriers are quite significant.61
However, this constitutional protection of the right to work does not entitle users to gratis or unrestricted use of IP-protected computer-implemented business methods. The argument made above is in relation to access to such technology, but it does not extend to making a case for gratis access. IPR- holders have legally enforceable rights to charge market-related royalties for the licensed use of their protected methods, and to pursue infringers. On the other hand, the exercise of these licensing rights ought to take cognisance of the fact that South Africa is an emerging economy that seeks to promote the growth of small- and medium-sized enterprises (SMEs). This paper therefore is not making a case for free user access to business methods that flout the legitimate rights of IPR holders. Rather, it seeks to make a case for an equitable balancing of creator and user rights.
A second example, in the TK context, is that for a traditional community the right to work may entail trading in cultural artifacts or charging for cultural performances which would be adversely affected by the privatization of TK by community outsiders. On the other hand, it could also be argued that traditional communities require IP protection of their TK in order to enable them to exercise their right to work. However, as shown above at section 3.2.1, there is no general constitutional right to IP protection; nor is there a provision mandating the IP protection of TK.
3.2.3 User access rights
Section 16(1) of the Constitution protects freedom of expression, which includes "freedom to receive or impart information or ideas; freedom of artistic creativity; and academic freedom and freedom of scientific research". This section clearly supportsusers' rights to access.62 Davis points out that it includes "the right to research, publish and assimilate learning without any interference from the government".63 He notes that it has been suggested that this right may be extended to impose a duty on the state to adequately fund research.64 However, Davis is of the view that such an extension would pass muster as the basis of the constitutional provision is an attempt to prevent state "interference with the autonomy of tertiary institutions".65
Section 16 is particularly relevant in the context of access to knowledge or, more specifically, access to learning materials. In this context, this right is easily linked to the socio-economic right to education.66 Section 29 of the Constitution provides for a right to basic education and a qualified right to further education, coupled with the right to receive education in the language of one's choice.67 In this context the argument is that access to certain ideas, information and materials is necessary to facilitate education and is critical for learners. Jonker notes that "access to learning materials means that learning materials must be affordable, available, relevant, available in an inclusive range of languages, and available in formats suitable for use by the print disabled".68 IP policies, laws and practices have a significant impact on the availability of learning materials and thus it is imperative to bear this constitutional imperative in mind in IP policy formulation. The IP system has to balance creator rights against user rights in a way that ensures adequate access to scientific and cultural technology in accordance with section 16 of the Constitution and the right to education in accordance with section 29 of the Constitution.
4 Conclusion
An equitable IP model that is informed by the considerations outlined in section 3 above can be used as an evaluative tool in both policy and legislative drafting contexts. In order to guarantee the enjoyment of relevant user and creator constitutional rights, policy makers have to engage in stakeholder analysis and balance competing interests.
The users of IP-protected works need affordable access to these works for various reasons. These reasons include facilitating the exercise of the right to work and access to knowledge as provided for by sections 22 and 16 of the Constitution respectively. However, this is not to say that creators are to be denied due recognition plus reasonable reward and remuneration for their efforts, as this would ultimately be to the detriment of users. Creators' needs therefore need to be taken into account. One of creators'' foremost needs is for IP protection that is compatible with the nature of the good being protected and the manner in which the creative process unfolds. The ease and affordability of the acquisition of IP protection is also of paramount importance to creators. The cost of enforcement, which is generally high, is similarly important. Creators benefit from a vibrant commons from which to draw the building blocks for their creations. Finally, both users and creators require legal clarity and certainty so as to be able to protect their rights. An equitable regulatory scheme will therefore meet these user and creator needs.
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Register of legislation
Constitution of the Republic of South Africa, 1996
Intelectual Property Laws Amendment Bill No 8B of 2010
Traditional Leadership and Governance Framework Act 41 of 2003
Register of government publications
Integrated Strategy on the Promotion of Entrepreneurship and Small Enterprises: Unlocking the Potential of South African Entrepreneurs (DTI Pretoria 2005)
Policy Framework for the Protection of Indigenous Traditional Knowledge through the Intellectual Property System and the Intellectual Property Laws Amendment Bill, 2008 (Gen N 552 in GG 31026 of 5 May 2008)
South African Company Law for the 21st Century: Guidelines for Corporate Law Reform (GN 1183 in GG 26493 of 23 June 2004)
White Paper on Small Business: National Strategy for the Development and Promotion of Small Business in South Africa (DTI Pretoria 1995)
Register of international instruments
Agreement on Trade-Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods (1994) (TRIPS)
International Covenant on Economic, Social and Cultural Rights (1966) (ICESCR)
UN Declaration on the Rights of Indigenous Peoples (2007) (UNDRIP)
Register of case law
Affordable Medicines Trust v Minister of Health of RSA 2005 6 BCLR 529 (CC)
Azapo v The President of the Republic of South Africa 1996 4 SA 671 (CC)
JR 1013 Investments CC v Minister of Safety and Securtty 1997 7 BCLR 925 (E)
In re certification of the Constitution of the RSA 1996 4 SA 744 (CC)
Reddy v Siemens Telecommunications (Pty) Ltd 2007 2 SA 486 (SCA)
Register of internet sources
Dean 2012 blogs.sun.ac.za. Dean O 2012 New Traditional Knowledge Bill - Sui Generis Protection for TK blogs.sun.ac.za/iplaw/2012/02/27/the-new-traditional-knowledge-bill/ [date of use 1 Nov 2012] [ Links ]
De Villiers and Tshaya 2008 www2.warwick.ac.uk. De Villiers C and Tshaya T "Software and business method patents" 2008(2) JILT www2.warwick.ac.uk/fac/soc/law/elj/jil/2008_2/devilliersandtshaya/ [date of use 2 Mar 2013] [ Links ]
Henderson and Kane 2001 www2.warwick.ac.uk. Henderson K and Kane H "Internet patents: will they hinder the development of e- commerce?" 2001(1) JILT www2.warwick.ac.uk/fac/soc/law/elj/jilt/2001_1/henderson [date of use 2 Mar 2013] [ Links ]
Lesser 2001 www.wipo.int. Lesser W 2001 The Effects of TRIPS Mandated Intellectual Property Rights on Economic Activities in Developing Countries www.wipo.int/export/sites/www/about-ip/en/studies/pdf/ssa_lesser_trips.pdf [date of use 2 Mar 2013] [ Links ]
Property Rights Alliance 2008 internationalpropertyrightsindex.org. Property Rights Alliance 2008 International Property Rights Index, 2008 Report internationalpropertyrightsindex.org/index.php?content=home [date of use 2 Mar 2013] [ Links ]
Property Rights Alliance 2011 internationalpropertyrightsindex.org. Property Rights Alliance 2011 International Property Rights Index, 2011 Report internationalpropertyrightsindex.org/ATR_2011%20INDEX_Web.pdf [date of use 12 Feb 2013] [ Links ]
Rengecas 2013 afroip.blogspot.com. Rengecas T 2013 Africa IP Forum Reflections afroip.blogspot.com/2013/03/africa-ip-forum-2013-reflections-tracy.html [date of use 1 Mar 2013] [ Links ]
Royal Society of Arts 2006 www.thersa.org. Royal Society of Arts 2006 Promoting Innovation and Rewarding Creativity: A Balanced Intellectual Property Framework for the Digital Age www.thersa.org/__data/assets/pdf_file/0006/54834/adephi-promoting-innovation-and-rewarding-creativity-january-2007.pdf [date of use 12 Feb 2013] [ Links ]
SA Government Information 2008 www.info.gov.za. SA Government Information 2008 Apex Priorities www.info.gov.za/otherdocs/2008/apex-priorities0208.pdf [date of use 1 Mar 2013] [ Links ]
Seleti 2012 www.pmg.org.za. Seleti Y 2012 DST Report on IKS Activities: A Progress Report on Sui Generis Legislation www.pmg.org.za/report/20120613-indigenous-knowledge-systems-iks-activities-sui-genris-legislation-b [date of use 28 Feb 2013] [ Links ]
Sen 2000 issat.dcaf.ch. Sen A "What is the role of legal and judicial reform in the development process?" in Papers delivered at the Role of Legal and Judicial Reform in Development, World Bank Legal Conference 5-6 June 2000 Washington DC 129 issat.dcaf.ch/index.php/fre/content/download/2331/20258/file/What%20is%20the%20role%20of%20legal%20 and%20judicial%20reform%20in%20the%20development%20process%20Sen%20(2000).pdf [date of use 3 Mar 2013] [ Links ]
South African Government News Agency 2013 www.sanews.gov.za. South African Government News Agency 'Dti working on finalising intellectual property policy' 27 February 2013 www.sanews.gov.za/south-africa/dti-working-finalising-intellectual-property-policy [date of use 28 Feb 2013] [ Links ]
Teljeur 2002 www.tips.org.za. Teljeur E 2002 Intelectual Property Rights in South Africa: A Review www.tips.org.za/files/Teljeur_IPRs_paper_2003.PDF [date of use 2 Mar 2013] [ Links ]
The Presidency 2008 www.thepresidency.gov.za. The Presidency 2008 Development Indicators www.thepresidency.gov.za/learning/me/indicators2008/development_indicators.pdf [date of use 2 Mar 2013] [ Links ]
The President 2012 www.parliament.gov.za. The President 2012 Letter from the President dated 19 September 2012, in 'Announcements, Tabiings and Committee Reports No. 125-2012, Fourth Session, Fourth Parliament, 26 September 2012: Bill Referred Back to National Assembly'3226 www.parliament.gov.za/live/commonrepository/Processed/20121001/462777_1.pdf [date of use 3 Mar 2013] [ Links ]
UN 2001 hdr.undp.org. UN 2001 Human Development Report: Making New Technologies Work for Human Development hdr.undp.org/en/reports/global/hdr2001/chapters/_[date of use 13 Feb 2013] [ Links ]
UNCTAD 2011 www.unctad.org. UNCTAD 2011 Global Investment Trends Monitor No 5 (January 2011) www.unctad.org/en/docs//webdiaeia20111_en.pdf [date of use13 Feb 2013] [ Links ]
WIPO 2003 www.wipo.int. WIPO 2003 Understanding How IP Relates to E-commerce www.wipo.int/sme/en/e_commerce/ip_ecommerce.htm [date of use 2 Mar 2013] [ Links ]
WIPO 2013 www.wipo.int. WIPO 2013 Diplomatic Conference to Conclude a Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities www.wipo.int/dc2013/en/ [date of use 28 Feb 2013] [ Links ]
List of abbreviations
ABLJ American Business Law Journal
Case W Res J Int'L L Case Western Reserve Journal of International Law
DTI Department of Trade and Industry
JIPLP Journal of Intellectual Property Law and Practice
JWIP Journal of World Intellectual Property
JILT Journal of Information Law & Technology
IPRI International Property Rights Index
PELJ Potchefstroom Electronic Law Journal
NJTIP Northwestern Journal of Technology and Intellectual Property
RSA Republic of South Africa
Rutgers Computer & Tech LJ Rutgers Computer and Technology Law Journal
SAJLIS South African Journal of Libraries and Information Science
Seattle UL Rev Seattle University Law Review
SJICL Singapore Journal of International and Comparative Law
SLR Stellenbosch Law Review
SALJ South African Law Journal
SMU L Rev Southern Methodist University Law Review
TRIPS Agreement Agreement on Trade-Related aspects of Intellectual Property Rights including Trade in Counterfeit Goods, Marrakesh Agreement Establishing the World Trade Organisation, Annex 1C TSAR Tydskrif vir die Suid-Afrikaanse Reg
UC Davis L Rev University of California Davis Law Review
UCT University of Cape Town
UN United Nations
UNCTAD United Nations Conference on Trade and Development
WIPO World Intellectual Property Organisation
This article is partially derived from the author's thesis: CB Ncube Intellectual Property Protection for e-Commerce Business Methods in South Africa: Envisioning an Equitable Model for SMEs nn the Tourism Industry (PhD thesis UCT 2011).
1 The draft national intellectual property (IP) policy GN 918 in GG 36816 of 4 September 2013
2 Ncube and Laltaika 2013 JIPLP 114.
3 WIPO 2013 www.wipo.int.
4 Ncube 2012 SLR 438; Tong 2009 JWIP 266; De Villiers and Tshaya 2008 www2.warwick.ac.uk 1; De Villiers 2006 SALJ 315.
5 Schonwetter, Ncube and Chetty "South Africa" 231-239; Jonker "Access to Learning Materials" 113-146.
6 See, for example, Cross 2010 PELJ 12; Dean 2012 Without Prejudice 41; Masango 2010 SAJLIS 74; Tong "Does the Intellectual Property System offer adequate protection for traditional knowledge?" 375-381; Van der Merwe 2010 PELJ 2; Rengecas 2013 afroip.blogspot.com.
7 Poiicy Framework for the Protection of Indigenous Traditional Knowledge through the Intellectual Property System and the Intellectual Property Laws Amendment Bill, 2008 (Gen N 552 in GG 31026 of 5 May 2008).
8 Dean 2012 blogs.sun.ac.za.
9 The President 2012 www.parliament.gov.za.
10 Seleti 2012 www.pmg.org.za.
11 Dutfield and Suthersanen Global Intelectual Property Law 51.
12 Dutfield and Suthersanen Global Intelectual Property Law 52.
13 Dutfield and Suthersanen Global Intelectual Property Law 52.
14 Dutfield and Suthersanen Global Intelectual Property Law 52.
15 Maskus 2000 Case W Res J Int'L L 471; Evenson 2001 Case W Res J Int'L L 187; Maskus "Foreign Direct Investment" 41; Idris Intelectual Property.
16 Sen 2000 issat.dcaf.ch 13.
17 Gibbons 2011 SMU L Rev 923; Dutfield Intelectual Property Rights 29; Ostergard Development Dilemma 19. Also see Vaver Intellectual Property Rights 449.
18 Chang 2001 Journal of Human Development 287, 303; Teljeur 2002 www.tips.org.za 25.
19 Bird 2006 ABLJ 323-329; Bird "Impact of Coercion" 431-432; Bird and Cahoy 2007 NJTIP 403.
20 McIntyre and Mooney "Where Now With Equity? " 259 note that Brazil delayed the provision of patents for pharmaceuticals until December 2004, but has become a leading global generics manufacturer.
21 Yu "China Exception"; Yu "China Puzzle" 174-175, 180.
22 Kaplan "Intellectual Property Rights" 5.
23 Kaplan "Intellectual Property Rights" 2.
24 Kaplan "Intellectual Property Rights" 2, noting that in 1998 South Africa was ranked the highest out of 44 developing and industrialising countries. In a study carried out by Lesser in 2005, South Africa scored higher than other similarly placed developing countries and even some developed countries on the Ginarte Park Index, and in 2008 South Africa ranked 22nd out of 115 countries in the Property Alliance's International Property Rights Index (IPRI). See further Lesser 2001 www.wipo.int and Property Rights Alliance 2008 internationalpropertyrightsindex.org. The Property Alliance's 2011 IPRI ranks South Africa's IP system as number 21 out of 129 countries with a score of 7.3 out of 10 (Property Rights Alliance 2011 internationalpropertyrightsindex.org 35).
25 In contrast to South Africa's placing at 21, the 2011 IPRI ranks Brazil and India at 51 with a score of 5.5 each. China ranks at 59 with a score of 5.2 and Russia ranks at 67 with a score of 5.
26 UNCTAD 2011 www.unctad.org 3 notes that in 2010 South Africa received .3 billion FDI inflows, whilst Brazil received .2 billion, China received 101.1 billion (exclusive of the financial sector), India received .7 billion and Russia received .7 billion.
27 As recommended by principles 1 and 8 of the Adelphi Charter. See Royal Society of Arts 2006 www.thersa.org 4-5
28 Dutfield Intellectual Property Rights 1, 25. For a similar definition, see Henderson and Kane 2001 www2.warwick.ac.uk.
29 WIPO 2003 www.wipo.int.
30 Drahos Philosophy of Intellectual Property.
31 As recommended by Elkin-Koren and Salzberger Law, Economics and Cyberspace 5: "the uncritical use of a conventional analytical framework runs the risk of producing a distorted view on both positive and normative level".
32 Drahos Philosophy of Intellectual Property 215.
33 Drahos Philosophy of Intellectual Property 200-202; Dutfield Intelectual Property Rights 1; Drahos "Death of a Patent System" 3-8.
34 Fisher "Theories of IP" 172.
35 For example the UN's Human Development Report 2001 states that the fair use of IPRs is essential if developing nations are to meaningfully participate in e-commerce and achieve economic development. See UN 2001 hdr.undp.org 7.
36 For instance, WIPO's adoption of the Development Agenda is a clear instance of strategy that is influenced by the public interest. See De Beer "Defining WIPO's Development Agenda" 2-3.
37 Agreement on Trade-Related Aspects of Intellectual Property Rights, Including Trade in Counterfett Goods (1994) (TRIPS).
38 Fisher "Theories of IP" 193; Chander and Sunder 2007 UC Davss L Rev 567.
39 Fisher "Theories of IP" 152.
40 Chander and Sunder 2007 UC Davis L Rev 577.
41 South African Company Law for the 21st Century: Guidelines for Corporate Law Reform (GN 1183 in GG 26493 of 23 June 2004) 80.
42 Integrated Strategy on the Promotion of Entrepreneurship and Small Enterprises: Unlocking the Potential of South African Entrepreneurs (DTI Pretoria 2005) 3, White Paper on Small Business: National Strategy for the Development and Promotion of Small Business in South Africa (DTI Pretoria 1995); Sa Government Information 2008 www.info.gov.za.
43 Dutfield and Suthersanen Global Intellectual Property Law 223.
44 Chander and Sunder 2007 UCDavis L Rev 577; Helfer 2007 UCDavis LR 1015-1020; Okediji 2003 SJICL 353; MacQueen et al Contemporary Intellectual Property para 10.19.
45 Helfer 2007 UC Davis LR 1018; Chapman 2002 Journal of International Economic Law 873-879; Barrat Battle for Policy Space 6-7, 294-303.
46 Constitution of the Repubiic of South Africa, 1996.
47 In re certification of the Constitution of the RSA 1996 4 SA 744 (CC) 799.
48 Dea n Handbook of South African Copyright Law 1-2A.
49 International Covenant on Economic, Social and Cuttural Rights (1966) (ICESCR).
50 See s 231(4) of the Constitution; Azapo v The President of the Republic of South Africa 1996 4 SA 671 (CC) 688 para 26.
51 See for example Pollack 2002 Rutgers Computer & Tech LJ 28.
52 UN Declaration on the Rights of Indigenous Peoples (2007) (UNDRIP).
53 Article 31 UNDRIP.
54 For an overview of this right, see Davis "Economic Activity" 29-15-29-19; Le Roux 2003 SALJ 452, 458-462.
55 Rautenbach 2005 TSAR 854; Affordabee Medicines Trust v Minister of Heatth of RSA 2005 6 BCLR 529 (CC) para 59.
56 JR 1013 Investments CC v Mnnsster of Safety andSecurtty 1997 7 BCLR 925 (E) 929 where the court said: "The right to choose a trade, occupation or profession is entirely different in nature from a right either to engage in economic activity or to pursue a livelihood. It is wider in content. It is sacrosanct"(my emphasis).
57 For example, see Reddy vSiemens Telecommunications (Pty) Ltd2007 2 SA 486 (SCA) 496 para 15, where the court said: "...all persons should in the interests of society be productive and be permitted to engage in trade and commerce or the professions..." S 22 of the Constitution guarantees "[e]very citizen . . . the right to choose their trade, occupation or profession freely" reflecting the closeness of the relationship between the freedom to choose a vocation and the nature of a society based on human dignity as contemplated by the Constitution. Also see Rautenbach 2005 TSAR 855 citing Affordabee Medicines Trust v Mnnsster of Heatth of RSA 2005 6 BCLR 529 (CC) para 58.
58 See s 7(2) of the Constttution and Rautenbach 2005 TSAR 856.
59 For example Reddy vSiemens Teeecommun/'cations (Pty) Ltd2007 2 SA 486 (SCA); JR 1013 Investments CC v Minister of Safety and Securtty 1997 7 BCLR 925 (E).
60 The need to obtain licences is a major barrier. See Krause 2000 Seattle UL Rev 80.
61 Bessen and Meurer Patent Falure 8-9.
62 Rens "Introduction" 4.
63 Davis "Freedom of Expression" 11.4.2.
64 Davis "Freedom of Expression" 11.4.2.
65 Davis "Freedom of Expression" 11.4.2.
66 For commentary on this right ,see Davis "Education" 24-1-24-6.
67 Jonker "Access to Learning Materials" 141.
68 Jonker "Access to Learning Materials" 126.


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After Vincent Jackson left the Chargers for the Buccaneers, San Diego needed a new "Z" receiver.
In the Chargers' system, the "Z" lines up next to tight end Antonio Gates, with the goal of forcing defenses to choose one for extra focus — giving the other a little more room to operate.
Newcomer Robert Meachem had been the "Z" receiver in place of Jackson. But now it's Malcom Floyd.
"I've been moving around, but I'm comfortable playing that position. It's becoming fluid now, but I understood 'Z' responsibilities after watching VJ and Meachem do it," Floyd tells Scott Bair of U-T San Diego. "With Antonio and I lining up next to each other, we put a strain on whatever side we're on."
Meanwhile, Meachem has been sent to the bench, with Danario Alexander filling Floyd's former spot.
The fact that the Chargers signed Meachem to do a job that one of their holdovers could have done — and is now doing — becomes another piece of evidence for the "fire A.J. Smith" column on owner Dean Spanos' legal pad. But if the Chargers win more games with Floyd as the "Z" wideout, maybe the "keep A.J. Smith" column eventually will include the words "made it to the playoffs . . . somehow."

subset: commoncrawl


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FDA approves new drug for inhaled anthrax
Federal health officials say they approved a new injectable drug from Human Genome Sciences to treat inhalable anthrax.
The Food and Drug Administration says raxibacumab will provide an alternative to antibiotic drugs that are currently the standard treatment for anthrax infection.
Inhalation anthrax occurs when people breathe in the spores of Bacillus anthracis bacteria. The infection is treated with a 60-day course of antibiotics.
Raxibacumab is a manmade protein that blocks toxins produced by anthrax. It mimics naturally occurring antibodies in the human body that find and destroy harmful substances.
The FDA approved the drug based on effectiveness studies in monkeys and rabbits that were infected with Anthrax. The drug's safety was tested in 326 healthy human volunteers.
The drug was developed by GlaxoSmithKline PLC's Human Genome Sciences.
Explore further
Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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News Release
For immediate release: 10-25-2013
Wanted for Child Abduction
Investigators with the Independence, Missouri Police Department, in conjunction with the United States Marshal's Service, are attempting to locate Rebecka Olah, a white female, D.O.B 01-25-1969, 5'5, 125 lbs, blonde hair, brown eyes, and her son, Noah Olah, a white male, age 8, brown hair, freckles.
Rebecka took custody of Noah on or about 07-12-2013, for parental visitation and failed to return Noah to the custody of his father who is the primary custodial parent,as per the Court ordered custodial arrangement.
A felony arrestwarrant has been issued for Rebecka Olah for the offense of Child Abduction, bythe Jackson County Circuit Court.
Rebecka and Noahare believed to be in the Kansas City metropolitan area, most likely in thenorthland area of Liberty and/or Smithville, Missouri.
Anyone with information regarding the whereabouts of Rebecka and/or Noah are encouraged to contact the Independence, Missouri Police Department at 816-325-7300, The United States Marshal's Service at 816-918-5026, or the TIPS Hotline at 816-474-TIPS.


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Editor's note: This is a sponsored post from Swedish Medical Center.
By Karlee J. Ausk, MD, Gastroenterologist at Swedish Gastroenterology Clinic, Ballard and First Hill locations.
Did you know that the bacteria that live in our intestines account for over two pounds of our body weight? And that there are 10 times the number of bacterial cells in our body than human cells? Some bacteria play a beneficial role in a normal gastrointestinal (GI) tract and are known as probiotics.
Probiotics have a variety of functions in the GI tract including aiding the intestinal immune system and the intestinal nervous system, breaking our food into nutrients, blocking the bad bacteria, and promoting a healthy intestinal lining. With so many important tasks, it is no surprise that probiotics can be used to treat some common GI conditions. Though studies of probiotics are small with considerable variability, there is evidence supporting probiotic use for prevention of diarrhea caused by antibiotic use and treatment of infectious diarrhea, ulcerative colitis, clostridium difficile, and irritable bowel syndrome.
What you should know:
The U.S. FDA considers probiotics as dietary supplements, so their production is not tightly regulated and quality can vary widely. In addition, insurance companies do not cover probiotics, and the cost adds up quickly.
Should I eat more yogurt?
People often believe that eating yogurt gives them the benefit of probiotic therapy (just ask Jamie Lee Curtis). However, not all yogurts are created equal. Reading the label of your favorite yogurt should give you the quantity and type of probiotic it contains.
Will any probiotic work for my symptoms?
In the store, you will find many bottles of probiotics. One key point in using probiotic therapy is the understanding that each probiotic is different. There are a wide variety of bacterial and yeast strains available, and trials evaluate many different combinations. To achieve the best chance of probiotics being helpful, I recommend choosing the type and dose of probiotic that has been best studied for your individual symptoms. I have included some of the probiotics that I commonly recommend, but this list is not all-inclusive.
Are there times that I should avoid probiotics?
Even if clinical trials do not prove probiotics to be helpful for your condition, there is usually little harm. However, there are case reports of patients with suppressed immune systems becoming ill from probiotic therapy, so if you are on immune suppressing drugs you should talk with your doctor before starting anything.
Finally, probiotic therapy most often works in conjunction with, but does not replace conventional therapy. Please tell your healthcare team about anything that you are putting into your body.


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LOUISA ARTS CENTER Names Michael Bollinger New Executive Director
The board of directors of the Louisa Arts Center (LAC) announced the appointment of Michael Bollinger as their new Executive Director."I am pleased to be selected as the new leader and public ambassador for the Louisa Arts Center. It's nice to return to Virginia," says Bollinger. "The arts and cultural are important resources for any community. The Center has much to be proud of. Yet, there is great potential for significant growth and the opportunity to serve a larger demographic. I plan to build on past achievements, while increasing LAC programs. This may include expanded youth programs, educational partnerships with schools, film series, live theatre on a community level, Concerts In The Park, a sundown music series, and more."LAC board president Brian Marks stated, "Bollinger is a solid addition to the Center. We're thrilled to be welcome Michael Bollinger to Louisa! His diverse background, experience and enthusiasm will help elevate LAC to a new level of excellence. "Most recently Bollinger served as Executive Artistic Director of the South Orange Performing Arts Center where he introduced new programs including: the innovative In The Loft Series featuring intimate Jazz, Theatre and Blues, as well as popular Concerts In the Park. He fostered artistic partnerships such as: Youth Orchestras of Essex County, Juilliard and Giants Of Jazz. Many Broadway stars performed: Ben Vereen, Adam Pascal, Anthony Rapp, Tom Wopat and two-time Tony winner Norbert Leo Butz. His performing arts series composition work includes numerous Grammy and Tony Award winning artists, as well as SOPAC's current successful 2012-13 season. Under Bollinger's leadership SOPAC's performing arts series attendance increased 24%, with school-time attendance reaching an all-time high. Bollinger is also Founding Director of Mainstage Theatre, has served as Artistic Producing Director of Missouri's Lyceum Theatre, as inaugural Director of Virginia's Suffolk Center for Cultural Arts and President-Elect of Virginia's Governors School for the Arts. He has presented many performing arts series, including Grammy, Emmy and Tony Award winners. He has produced over 200 theatrical productions including the American regional theatre premiere of AIDA. Bollinger is a recipient of the Missouri Arts Award and received a commendation from President Clinton.About the Louisa Arts Center (LAC)Restoration was completed on the Town Hall section in 2005. Restoration on the Louisa Arts Center section was completed in 2008. The Louisa Arts Center offers year round visual art exhibits in the Purcell Art Gallery, visual and performing art classes and live performances in the Cooke-Haley Theatre.Louisa Arts Center is located at 212 Fredericksburg Avenue, Louisa, VA, 23093, 540.947.2200. For more information, please visit: www.louisaarts.orgPhoto Credit - Eric Lusher, Lusher Productions


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DataBot Mouse is a very interesting experiment by Jan Barth and Roman Grasy. They've developed a computer mouse which can give data physical properties, to make the communication/interaction between man and data more human and easier to understand.
The mouse is able to communicate three different properties of data. It can show you the weight of files and folders, by braking with different force, according to the file-size. Or you can set a custom weight for files, just like the color marking function in MacOSX. So you can find important files more easily. The third property, the mouse can show you, is the activity of files and folders. By "breathing" with different intervals, it shows how much a file was opened or how busy a folder has been recently.
It was developed with vvvv and arduino.


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Mercedes Wheel
Mercedes wheel Car Accessory for Sale
Mercedes wheel is available for sale at UAECarz.com for an affordable price of AED 0. The Mercedes wheel is in a very good overall condition. You can contact Virginia Tyres and Rings Tr. to purchase the Mercedes wheel car accessory through UAECarz.com marketplace.
UAECarz.com is an online marketplace to buy and sell used cars and accessories in UAE. You can browse UAE cars by make, model, year and price as well. Its FREE for individuals to place their cars for sale for a limited period of time.
Seller Comments
Mercedes wheel , Size 18
- Vehicles
- Others


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Parent Me If You D.A.R.E
This piece was originally published in the New York Press in 2007.
Oprah often speaks about her "aha" moments. Mine came when I was eleven-years-old and realized that my parents were total potheads.
I was a smart, chubby Jewish kid from the suburbs of Long Island who was enrolled in honors classes and always stayed out of trouble. So it was pretty shocking to me to discover during an anti-drug D.A.R.E (Drug Abuse Resistance Education) assembly in elementary school, that my parents were "tokers," just like the burnt out, no-good, teenagers depicted in the movie I was shown in afternoon assembly. The police were there too. According to them, anyone who used drugs would soon be dead, in jail or in a mental institution. This information, as you can imagine, was cataclysmically alarming to me.
The worst-case-scenario fantasies began immediately: My parents would be taken away; I would have to steal food for survival while roaming the mean streets of New York; our dog would be confiscated. I was truly convinced that the jig was up.
Trying not to call too much attention to myself, I sat in my seat pretending to be as disinterested in the presentation as the rest of my classmates. In truth, I was as riveted to the low-production D.A.R.E film as I would have been if it were an episode of The Facts of Life. As the film progressed, I began ticking off in my head all of the "telltale signs that someone you care about is using drugs:"
Strange smells coming from underneath closed doors. Check.
Pipes and other drug paraphernalia lying around. Check.
Glassy eyes and short-term memory lapses. Oh God. Check.
It was all making sense now. My little, neurotic eleven-year-old mind was doing somersaults trying to piece together what I then realized had thus far been my outlaw, drug-hazed family life. I had always thought that something weird was going on with my parents, but I had never put the pieces together before with such clarity. I was mortified, embarrassed and paranoid. I felt personally attacked and exposed. How could my parents do this to me!?
I actually remember wondering if the entire assembly was put together as a ruse to ambush me with the sordid details of my life in front of the principal, the police and all of my non grass-smoking parented classmates. I thought of my grandmother, who I had recently overheard chatting with her friend Sylvia after a particularly fierce rumor about an old Hebrew school teacher of my mom's ending up in the big house was circulating through our neighborhood: "there aren't any Jewish people in jail!" she assured us all. I prayed she was right.
After my unsettling D.A.R.E eureka, I began to obsessively notice all of the tell-tale signs of parental ganja smoking that I had previously ignored. It was almost like learning the definition of a new word and then, all of the sudden, seeing it pop up everywhere. Well, my word was M-A-R-I-J-U-A-N-A.
While eavesdropping one day, I overheard my mom telling a story about when I was four and went off to play by myself in the backyard. Shortly thereafter, I returned with an old baggie I had found, filled to the brim with dead leaves and twigs, which I offered up to my mom as a special present because I knew how much "she loved the stuff." I suppose this was my kiddie version of a faux dime bag.
I never said anything to my parents or anyone else about the D.A.R.E film. I have always wondered if my straight A grades and goody two shoes M.O. while growing up was, in my own way, like giving my hippie parents the middle finger. "A BIG EFF YOU! I'm on the Honor Roll!"
After the initial shock, it got easier and easier to pretend that my family was just like everyone else's. At some point during college, I realized that having pothead parents was actually considered pretty cool. Upon hearing this juicy nugget of family gossip, my friends would usually quiz me on the particulars and then let loose with a flurry of "No Ways!" and "Totally Rads!"
Last February I was cleaning out my mom's closet after, at the age of 55, she lost her battle with Multiple Myeloma--an incurable and unforgiving blood cancer. Amongst the piles old art projects and school photos, I found her much beloved denim jacket, the existence of which, my friend Jodi Levine assured me in sixth grade meant that I had "a really cool mom." The sleeves were frayed and the pink Kool-Aid stain from visiting day at sleepaway camp was still there on the elbow, but, I noticed something that I had never seen before: a little button pinned to the left-hand corner of the jacket's collar that read "I'm a D.A.R.E Mom." In that moment, laughing through my tears, I wished that just once when we had the chance, mom and I had toked up together.


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As a volunteer in a clinical trial, you are participating in the development of new medical therapies – therapies that may offer better treatments and even cures for life-threatening and chronic diseases. The hope of personally benefiting from a new treatment or the desire to take part in research that might one day benefit other people is what motivates some people to take part in clinical trials. For patients suffering from a chronic disease, like pemphigus vulgaris, where a good treatment does not currently exist, the need for clinical trial participation is even more critical. Without patients as active clinical trial participants, it makes it more difficult and takes it much longer to make new treatments available.
So, is the risk of participating in a clinical trial worth a benefit that comes with no guarantee for the participant and/or others with the same disease? Ultimately, through a process of information gathering, weighing of the risks and potential benefits, and perhaps some soul searching, the answer will be one only you, the person considering trial participation, can provide.


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Celebrating A Different Kind Of V Day
NOTE: this post contains material somewhat "adult" in nature.
I recently saw on Neatorama that "Tough Times are Good for Vasectomies". Apparently the current economic rough patch has more and more folks turning to the "cheapest form of permanent birth control".
So in addition to an increase in sales of frozen peas, I guess this means we'll also be seeing less of these:
And more of these:Ok, Mr. Smith, I am going to need you to remove all your clothes... but feel free to keep that bitchin' sombrero on."
And on a personal note, my hubby John would like to remind all of you fellas out there that the ol' snip-snip is only the cheapest form of birth control if you do it without general anesthesia, which, according to him, "would totally have been worth the extra two grand".
[eye roll] Men. A little scrotum-puncturing and tube-cauterizing and they turn into such babies.
Liz P., Michael W., & Jessica G., Ole!
Note: The "We have a runner" cake is by the fabulous Cakeworks - be sure to check their site for more hilarious designs.


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Prepare for Life's Milestones
Whether you're planning to send a loved one to school, preparing for retirement, or passing your wealth to the next generation, we have the knowledge and perspective to implement financial strategies that will help you to move smoothly through life's transitions.
Your Needs
Success for us is helping you reach your goals. From your long-term goals to your day-to-day financial needs – where do you start? At Benjamin F. Edwards & Co., we can develop a personalized investment program that will be designed to meet your current and projected needs.
Plan for the Unexpected
With the proper plan, you can be in control of your options when the unexpected happens.


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Sewnatra Compact EZ-Lift Sewing Center
Closed: 233/4" wide x 195/8" deep x 31" tall
Open: 687/16" wide x 195/8" deep x 30½ tall
If space is a problem, this cabinet is what you need. The easy air-lift mechanism raises and lowers your sewing machine into place for flat-bed or free-arm positions with a simple push, and the fold-out leaf doubles your work surface. (A universal insert for the flat-bed position fills the gaps to create a smooth work surface*.) Inside there are two door-mounted accessory trays and two thread racks (hold 20 spools) to keep your tools within easy reach. Heavy-duty, lockable casters make it easy to move. Available in Classic Oak, Crisp White or Chic Black. Arrow model number 98500
Assembly required; tools needed: Hammer, screwdriver and wrench.
*This cabinet comes with a universal insert, you can order a custom insert for your specific machine for $49 (plus s/h $10) each, phone order only, call (785) 776-4041 x367 and mention code A810; make and model number of sewing machine is required when ordering.
Special Note: Measure your sewing machine before ordering. This cabinet will not accommodate sewing machines larger than 8½ front to back, 173/8" wide, and 131/8" tall.
The following machines will NOT work in this cabinet: Babylock Ellegante BLG, Ellageo BLL, New Esante BLN, Brother Innovis QC1000, NV1500D, NV2500D, NV4000D, Duetta 4500D, Janome MC300E. These are the known machines that will not work, there may be more. The only guaranteed way to confirm that a machine will work in these cabinets is to measure it.
No Returns!
Free Shipping! Ships in 2 boxes, cannot ship to P.O. Boxes


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Farmers deploy different types of irrigation for different reasons. Center pivots, for example, have the mobility to cover up to several hundred acres. Drip irrigation, on the other hand, is immobile but can deliver water with unparalleled precision.
But what if you could somehow blend the two technologies and take the best advantages from each system? That's what researchers at T-L Irrigation Co. and Netafim, Inc., kept asking, and ended up developing a new version of T-L's PMDI (Precision Mobile Drip Irrigation) system.
PMDI features in-line drip lines spaced at 30", 40" or 60" intervals. The center pivot or linear irrigation system pulls these hoses behind, while emitters that are spaced every 6" deliver an even water pattern across the full length of the pivot or linear system.
"In effect, producers gain the flexibility of a center pivot, while utilizing drip irrigation efficiency," says Dave Thom, T-L vice president of sales. "Most importantly, it provides a water-saving solution for customers who are faced with water restrictions or deficit irrigation. Because the drip lines do not put the water out in the air, the evaporation and wind drift associated with traditional sprinklers is virtually eliminated, putting more water directly onto the soil surface."
PDMI has been around for more than a decade, but Thom says T-L decided to parter with Netfim to develop a new, improved version that would address the current growing interest in water conservation related to drought and dropping water tables. The PMDI system approached 95% water efficiency, he says.
PMDI requires additional management, but Thom says the benefits outweigh the extra time investment. Another benefit, he adds – farmers see a reduction in wheel track problems. That's because the drip lines emit water behind the pivot wheels, which stay ahead and on dry ground.
For more information, visit www.tlirr.com.


text: Okay Okay, I know it's not right to brag and all. But today is a momentous occasion... *sniff* I got a (my first) FTF on Laughing Terry's "In plain sight #2" Thank you, Thank... No, no, a standing ovation is not necessary. I would like to thank all the people that made this possible... like the ones that live closer to Skowhegan that I do and just weren't paying attention to the site at that time. and the cops that didn't pull me over, and to me for finding it. :D :D :D


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A drug-affected and sleep-deprived truck driver who crashed his vehicle head-on with a car, killing three people, has been found guilty of manslaughter.
Vincent Samuel George's B-double veered across the Hume Highway, near Menangle in Sydney's southwest, and collided with a sedan, killing Calvyn Logan, 59, and his 81-year-old parents Donald and Patricia Logan, in January 2012.
Blood samples taken afterwards revealed George, 34, was on methadone. Expert evidence also showed he had little rest leading up to the crash.
Parramatta District Court Judge Stephen Hanley on Friday found George guilty of three counts of manslaughter.
He had pleaded not guilty to the charges.
Gary Logan, whose parents and brother died in the crash, praised the court's "just decision".
"It was emotional (today) but it's time to move on," he told reporters outside.
"We've had two and a half years of trauma."
The Logans were on their way to Gary's home for lunch when the crash happened.
Gary sent multiple text messages to his family throughout the day asking where they were.
Later that afternoon, the grim realisation of what had happened struck him when he saw a picture of their car crushed under a truck on a news website.
"I knew it was them," he said.
The court heard George was driving about 100km/h when the B-double veered onto the median strip, before colliding head-on with the Logans on the wrong side of the road.
George claimed he lost control trying to avoid hitting another car.
But Judge Hanley didn't accept the explanation, saying there was no evidence of his brakes being applied and that his truck had instead "gradually" veered off the road.
The combination of fatigue and the effects of the methadone George was on, which he obtained illegally, led to his loss of concentration.
Judge Hanley added that George had previously rolled his truck while under the influence of methadone.
George will be sentenced on August 1.


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A cloud-to-ground lightning bolt strikes beneath a classic supercell near Winona, KS, at twilight on June 8, 2019.
A cloud-to-ground lightning bolt strikes beneath a classic supercell near Winona, KS, at sunset on June 8, 2019.
Cloud-to-ground lightning flashes across the Plains behind a wind farm near Seiling, OK, on June 13, 2017.
Cloud-to-ground (CG) lightning discharges within a mile of me while photographing a supercell at dusk near Selden, KS, on June 4, 2015.
A gorgeous supercell puts on a spectacular lightning show at sunset north of Selden, KS, on June 4, 2015.
Prolific cloud-to-ground lightning strikes beneath an ominous low-level mesocyclone near Cedar Vale, KS, on September 1, 2014. This circulation would go on to produce a tornado about ten minutes later.
Lightning illuminates an occluded (old and decaying) circulation at dusk near Dexter, KS, on September 1, 2014.
Lightning strikes within the rain core of a supercell thunderstorm at sunset near Petersburg, NE, on June 16, 2014.
Several cloud-to-ground lightning bolts strike the west side of Norman, OK, during an approaching storm on the morning of October 21, 2013. The University of Oklahoma campus is in the foreground.
Cloud-to-ground lightning strikes downtown Oklahoma City as a storm approaches on August 12, 2013.
Summertime thunderstorms light up the sky after dark near Lexington, OK, on July 11, 2013.
A weak thunderstorm at dusk puts down a lucky cloud-to-ground lightnong bolt only about a mile in front of the photographer. Shot near Lexington, OK, on July 11, 2013.
Prolific cloud-to-ground lightning emenates from a classic supercell near West Point, NE, on June 14, 2013. Lightning was nearly continuous with this storm for over half an hour.
A weak thunderstorm around midnight on September 18, 2011, puts on one of the most spectacular lightning shows Norman, OK, has seen in years. Shot from the top of the University of Oklahoma stadium parking garage.
Brilliant lightning flashes throughout the precipitation core of a supercell in the northeast Texas Panhandle at dusk. Viewed from near Shattuck, OK, on June 11, 2011.
A dangerous cloud-to-ground lightning bolt strikes a field just across the road from the photographer near Cashion, OK, on May 30, 2010.
Weak thunderstorms along a cold front are illuminated by nearly-continuous lightning near Norman, OK, on April 18, 2009.
An elevated thunderstorm puts on a lightning show in Norman, OK, just after midnight on June 17, 2008.


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Animals - Cats CAT Wood Phone Case14.77 USD
Animal Cats Custom Design CAT Natural Cherry Wood Phone Case for following smartphones:i Phone 8 8 plus X XS 7 7 plus 6 6s 6 plus 5c 5 5s Samsung Galaxy S9 S9 plus S8 S8 plus S7 S7 edge S6 S6 edge S5 S5 mini Samsung Note 8 5 4 HTC One M10 M9 LG Nexus 5x LG G4 G5 Sony Xperia Z5 Z3 and Z3 Z5 Compact.
100% artisan work and its unique value
All wood phone cases are artisan made in very limited edition, wood texture could be variable and reflects natural cherry wood texture, designs are adapted to any taste. Cherry wood has it own natural appearance with irregular darker wood pockets where once sap lived. It gives each piece of artwork its unique value and characteristics.
Why to choose natural wood phone case?
Protective phone case from natural wood case reduces electromagnetic wave pollution and helps you to be close to mother nature in everyday life, pleasant in touch and feel engraved texture. Case has soft black velvet linings for the best protection of your phone body from scratches. When phone is dressed up it can be used easily without removing phone case. Wood is easy to repair in case of damage with some drops of super glue.
Fine quality natural cherry wood carved phone case gives charm to your phone and you will fall in love with it.
Special conditions
PLEASE NOTE! Case is quite delicate, so please be gentle and use with care. Avoid dropping it on ground, do not put it in your trouser pockets. All phone cases has to be used with original size earphones or appropriate adapter. Sony Xperia phone cases are made to use only with magnetic charger adapter.
Shipping conditions
Design will be engraved on wood case, packed with care and shipped out in during of 1- 3 business days. Usually Standard Shipping in Europe takes 3-5 working days, Worldwide as priority mail within 7-10 working days, but sometimes it takes more, all depends from your destination and local custom service procedure.
Shop policies FAQ
Read our shop policies about return, refund, exchange before place your order and choose best shipping+upgrade option to meet your expectations.
Thanks for visiting Litha Creations France Shop!


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In this digital era, retailers are using the benefits of iBeacon technology to increase their sales. As a perfect device for contextual mobile advertising, iBeacon is used by retailers to create better shopping experience. iBeacon transmits Bluetooth signal and when a smartphone caught the signal, a message will pop up ...Read More »
Home / Tag Archives: contextual mobile advertising


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Terms and Conditions
Access to and use of this web site is provided by M&K Sound USA and is subject to the following terms and conditions:
1. Use of this site constitutes your acceptance of these terms and conditions, which takes effect on the date on which you first use the site. M&K Sound USA reserves the right to add to or change these terms and conditions at any time by posting changes on-line and it is your responsibility to refer to and comply with these terms on accessing the site. Your continued use of this site after changes are posted constitutes your acceptance of these terms and conditions as modified.
2. You acknowledge that all intellectual property rights including copyright and database right in the M&K Sound US web site and its contents belong to or have been licensed to M&K Sound AsP or are otherwise used by M&K Sound USA as permitted by applicable law.
3. In accessing the M&K Sound US web site you agree to access the contents solely for a) journalistic use, b) authorized dealer use, or c) your own personal, non-commercial use. Individuals not affiliated with the media or authorized dealers are not permitted to distribute, transmit, modify or show in public any part of the M&K Sound US web site without the prior written permission of M&K Sound USA.
4. Links to the M&K Sound US site must be direct to the M&K Sound US homepage. M&K Sound USA disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to M&K Sound's US site.
5. M&K Sound USA provides the material published on its web site on the basis that it disclaims all warranties in respect of such material, whether express or implied. Neither M&K Sound USA nor the original providers of the material accept any liability for any direct, indirect, incidental or consequential loss of business, revenues or profits or special damages arising from the publication of the material on the M&K Sound US web site.
6. M&K Sound USA endeavors to ensure that all information and material on the web site is correct and accurate but does not accept any liability for errors or omissions, nor does M&K Sound USA warrant that use of this site will be uninterrupted.
7. This site may be used only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the site by, any third party.
8. These terms and conditions are governed by and will be interpreted in accordance with California law not withstanding any principles of conflicts of law. Any disputes relating to these terms and conditions will be exclusively subject to the jurisdiction of the courts of the State of California. The various provisions of these terms and conditions are severable and if any provision is held to be invalid or unenforceable by any court of competent jurisdiction then such invalidity or unenforceability shall not affect the remaining provisions.
If these terms and conditions are not accepted in full, use of this site must be terminated immediately.


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User talk:Yakatz
From MeritBadgeDotOrg
If you want to leave a message, please do it at the bottom as a new section, for better formatting. You can do that by simply pressing the plus sign (+) on the top of this page. And don't forget to sign your messages by four tildes, like this: ~~~~
Attention: We, Wikipedians, dislike fragmented discussions. If you leave a comment for me here, I will most likely respond to it on this same page, my talk page, as an effort to keep the entire conversation in one place. By the same token, if I leave a comment on your talk page, please respond to it there. Remember, we can use our watchlist to keep track of when responses are made. At the same time, feel free to send an alert to me on this page about a comment you have left elsewhere.
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Fair Oaks Real EstateCommunities within Fair Oaks
Fair Oaks is a community known for rolling hills and tucked away residences. Homes are quaint, built in Craftsman style, and some are over 100 years old. A typical property in Fair Oaks could include an original farm house with exquisite detail, a bluff home on the river with breathtaking views or a recently constructed home with a modern, contemporary feel.
The heart of the town centers on Old Fair Oaks, a historic and charming locale founded in 1895. Distinctive store fronts, antique shops, the Amphitheatre and local artists are all part of what makes Old Fair Oaks unique.
Residents can enjoy many community events including Taste of Fair Oaks, Fiesta Days, and Thursday night Concerts in the Park. Fair Oaks is filled with lush tree-lined streets, bike and walking trails. Residents also have access to nine different parks maintained by the district, equestrian ranches, basketball courts and more. For outdoor enthusiasts or family outings, the American River is minutes away and offers fishing, kayaking, and river views visible from the Fair Oaks Bridge.
Located 17 miles from downtown Sacramento, Fair Oaks is a combination of urban lifestyle in a rural setting. Northridge Country Club offers a private golf course on a rolling terrain, as well as social events and fine dining. Top rated schools provide many educational options for families.
Search for Homes in Fair Oaks, CAView all Fair Oaks listings
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I love reading the writings of the famous generals and scholars of the 3 Kingdoms period. Even in the limited commentary that Cao Cao did on the art of war, if ound it very interesting to see how the man thought and get a better feel for what he was like.
This Cao Pi boast-a-thon was a fun read. Thanks for posting it, Lady Wu.


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As the population of older adults rises, so does the incidence of acquired hearing loss. More than half of people over the age of 60 are hard of hearing or deaf.
At the UT Dallas Callier Center for Communication Disorders, we diagnose and help individuals manage hearing loss.
Experiencing hearing loss should not deter you from fully participating in society and enjoying a high quality of life.
Making Sense of Your Hearing Loss
The Audiology Department offers a series of four, one-hour classes for adult patients and their families in a group setting. Spouses and families are encouraged to attend so that everyone in the family will understand the effects of hearing loss on good communication.
The classes are designed to provide useful information about hearing aids, communication, and the problems people with permanent hearing loss face in their everyday life. Since the classes rotate throughout the year, they can be taken in any order. Classes are free to individuals who have obtained hearing aids through our clinic.
Department of Assistive and Rehabilitative Services
Department of Assistive and Rehabilitative Services (DARS) is a program of the Texas Department of State Health Services.
Adults with hearing loss who need help obtaining devices that will help them communicate better for employment and educational purposes may apply to DARS for assistance. The Callier Center accepts referrals from DARS for audiological evaluation and hearing aid fitting.


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Everyday we watch and read about people dying. Honestly, I didn't think much about death. Some people probably would say the same thing. Some people may say, "I don't need to worry because I know where I am going when it comes my time."
Well keep this question in mind, "do you need to worry about others and where they are going when they die, or even where you're going when you die?"
If you currently subscribe or have subscribed in the past to the The Spencer Magnet, then simply find your account number on your mailing label and enter it below.
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Michael Robertson Challenges Ruling That Says He Has To Pay Over $40 Million For Copyright Infringement
from the red-flags-indeed deptEarlier this year, we wrote about the troubling ruling against MP3Tunes.com, in which it was found to be "willfully blind" to infringement on its music locker service -- raising serious questions for basically any cloud service provider. EMI, the record label suing, used an incredibly low standard for what it considered to be willful blindness, but the jury bought it. On top of that, it found MP3Tunes founder Michael Robertson not just personally liable for certain infringement, but said he'd have to pay somewhere around $41 million for it.
In response, Robertson is fighting back, asking the judge to basically overrule the jury on a number of different matters. There's a lot in the filing that's worth reading, but it highlights just how crazy some of the details are in this case. The biggest issue is the whole "willful blindness" issue or "red flag knowledge." As other courts have noted, this has to be in reference to specific instances of infringement -- but that wasn't shown for many of the files in this case. Rather, the jury was only told of general infringement. This was the issue at the center of the big YouTube/Viacom case, in which YouTube won the argument that Viacom had to show red flag knowledge of specific infringement, rather than just arguing general knowledge of infringement. Yet, in this case, the issue seems to have been flipped.
There's also the troubling aspect of how the jury found Robertson guilty of not just direct infringement (of 22 files), but also "vicarious and contributory liability" on a list of over 2000 additional works. But, as Robertson notes, for that to be the case, EMI would have to have shown Robertson receiving a direct financial benefit from that infringing activity, and, in fact, Robertson received nothing from the infringement, or the company -- instead, he lost millions.
The trial record is devoid of evidence that Robertson received any such direct financial benefit. In fact, not only did Robertson not receive any direct financial benefit from MP3tunes' and its users' infringing activity, he personally invested and lost over $6.8 million. Moreover, uncontroverted trial testimony shows that Robertson has (a) never taken a salary or a bonus from MP3tunes... and (b) never received any dividends or any distribution, even directly or indirectly through any of the trusts, from MP3tunes...Furthermore, it notes how the jury appears to have confused benefit for the company with benefit for Robertson directly. Furthermore, he argues that some of the arguments seem entirely based on a made up concept of tertiary liability. Basically, the jury argued that MP3Tunes has secondary liability for the actions of its users (already a questionable statement, given its compliance with the DMCA's safe harbors), and beyond that Robertson thus has tertiary liability for MP3Tunes' secondary liability. Anyone who believes in the nature of a limited liability corporation, and separating the liability of the company from its staff, might want to pay attention to that issue.
Tellingly, Plaintiffs do not dispute these facts. Instead, they argued that Robertson could have made money, if his plan had been a success.... But the Liability Charge rejected such hypothetical conjecture; rather, it requires that "Robertson received a financial benefit directly attributable to the infringing activity of MP3tunes." .... Indeed, the very conjecture Plaintiffs assert is itself an implicit admission that Robertson did not receive a financial benefit. ... ("Had he succeeded and signed up millions of users, he could have taken the company public, gotten investors or sold the company") (emphasis added)). Such speculative conjecture is too remote to support vicarious copyright liability
Under the charge, Robertson may be liable for MP3tunes' secondary liability without any proof of his knowledge of, benefit from, or contribution in, the users' direct infringement; and without any direct infringement by MP3tunes. That simply is not the law, and is contrary to the fundamental limits of secondary liability.On the willful blindness/red flag issue, Robertson notes the made up and artificial standard that EMI uses, that if they had recieved DMCA notices with 10 or more links to a particular website, they had red flag knowledge that all links from that website must be infringing.
Plaintiffs simply counted the number of occurrences of domains in their takedown notices, and when the count reached 10, assigned to MP3tunes willful blindness or red flag knowledge that all sideloads from such domain were infringing. That is insufficient. MP3tunes could not discern any specific instances of infringement merely from the fact that any particular domain was present more than 10 times on takedown notices. In fact, counting the number of occurrences on takedown notices does not even rise to a showing of "a high probability of general infringement" or "a generalized awareness of infringement," which are not enough to establish willful blindness or red flag knowledge.He further presents proof that EMI itself miscounted. Five out of thirteen domains they listed had errors. On top of that, he points out that EMI itself authorized free MP3s on many of those domains. In other words, there were authorized works on those same sites, which EMI insists Robertson must have known were infringing.
In addition, the number "10" was plucked from thin air. Why not three? Why not 15 or 20? Where was the evidence showing the significance of 10 occurrences? Moreover, the lack of notice of specifically infringed works means MP3tunes had to conduct an investigation to determine which works were infringed: (i) which domains met the threshold of 10; (ii) which works were owned by Plaintiffs; and (iii) which works were sideloaded without authorization.
There are other issues raised in the filing as well, which you can read below, including questions about liability on cover art images. The specific legal issues in the case concerning secondary liability and red flag knowledge are quite important, because it will absolutely be cited as precedent in other cases as well. Unfortunately, as we've noted for a while there's sometimes a difference between "real law" and "file sharing law" in which courts decide if something feels like infringement and then twists itself to make it so. This case has all the indications of a court feeling like Robertson did something wrong, even if it doesn't seem to actually fit under the law. Thus, the effort here may be quite a long shot. Unfortunately, the ramifications of that will be felt by tons of other services, especially those in the cloud computing space.
Filed Under: contributory infringement, copyright, dmca, michael robertson, red flag knowledge, safe harbors, secondary liability, tertiary liability
Companies: emi, mp3tunes


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Old Hollywood Bedroom Design a bedroom can be so much more than a place to sleep. It can also be a retreat, filled with serenity, peace and romance. If you are looking for bedroom ideas then you need to view this post. We are going to look at three things to consider before you decide on a theme bedroom.
This example images gallery for Old Hollywood Bedroom Design. There are many more bedroom decorating ideas that you can easily incorporate for awesome effects. I hope you come up with more great ideas from here.


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LITTLE ROCK, Arkansas (Reuters) - A federal judge on Friday blocked a new Arkansas law that would ban most abortions after 12 weeks of pregnancy, one of the most restrictive abortion statutes in the nation.
U.S. District Judge Susan Webber Wright granted an injunction sought by abortion rights groups, saying the ban was "more than likely" unconstitutional and ordering that implementation be delayed until a legal challenge to the law can be tried in court.
The law was to have taken effect in August.
The Center for Reproductive Rights and the American Civil Liberties Union filed suit against the state medical board in April on behalf of two Arkansas doctors who perform abortions.
"Today's decision ensures that the women of Arkansas will remain protected from this blatant unconstitutional assault on their health and fundamental reproductive rights," Nancy Northup, chief executive of the Center for Reproductive Rights, said in a statement.
"Such an extreme ban on abortion would have immediate and devastating consequences for women in Arkansas, especially those who could not afford to travel out of state to access reproductive health care," she said.
Northup said the group is confident the law will ultimately be struck down in court.
The Arkansas Human Heartbeat Protection Act would ban most abortions after about 12 weeks of pregnancy, once a fetal heartbeat can be detected by a standard ultrasound. It allows exemptions in cases where the pregnancy resulted from rape or incest, if the life of the mother is in danger, or if major fetal problems are detected.
Doctors who violate the law risk having their licenses revoked by the state medical board.
The Republican-controlled legislature passed the measure in March. Arkansas Governor Mike Beebe, a Democrat, vetoed the bill, but the legislature overrode the veto.
Abortion foes said on Friday they were still hopeful the law would ultimately be allowed to go ahead.
"We are disappointed that Judge Susan Webber Wright has stopped the enforcement of this very good pro-life law," said Jerry Cox, president of the anti-abortion Family Council group. "However, we are very hopeful that she will issue a ruling that this law is constitutional when this case is fully debated in court."
Eleven states, including Arkansas, already ban abortions for pregnancies of 20 weeks or longer, according to Kate Bernyk, spokesman for The Center for Reproductive Rights.
Until recently, Arkansas's proposed law was considered the most restrictive in the nation. But North Dakota earlier this year passed a law that critics said could ban abortion as early as six weeks of pregnancy.
Writing by Carey Gillam; Editing By Brendan O'Brien, Greg McCune and John Wallace