Hospitals & Asylums

 

Anthony J. Sanders v. Anita J. Douglas HA-14-2-06

 

This case regarding the fair use of public information arose as a routine civil dispute under the Berne Convention for the Protection of Literary and Artistic Works of September 9, 1886 when Anita J. Douglas wrote me, Anthony J. Sanders, on Valentine’s Day 14 February 2006.  The Berne Convention makes it clear that authors of literary works shall enjoy the exclusive right of authorizing the public recitation of their works, including such public recitation by any means or process however it also makes it clear that it shall be permissible to make quotations from a work which has already been lawfully made available to the public under the doctrine of fair use.  The question that arises is whether a public international organization, APEC, has the right to plead private ownership of the work of Ministers and Leaders of many Asian nations at the expense of the quality of the life of the individual researcher?  And if they do plead such a securities fraud, defining fraud as a dispute, are they a public organization, at all?  Furthermore, if their Trademark (APEC Name) and hyperlink dispute erupts into violence and securities fraud involving the hacking of files, before they even respond or the article is published is this dispute legal at all?  The ultimate question is whether APEC should relax their obsessive Trademark policy in light of the disturbance to the peace it causes and the fact that this appears to be an attempt of a very large public organization to conceal assets and keep the organization within the knowledge of an exceedingly criminal conspiracy and permit public researchers to use the name and hyperlinks of the organization while retaining full rights to the Trademark?  The passage that has been censored from the chapter on Pacific Asian International Development (PAID), although it is quite beautiful, to protect the reader from misadventure in the region, is:

 

Art. 203 Asia Pacific Economic Cooperation

A. The Asia Pacific Economic Cooperation (APEC) was founded in 1989 in Canberra, Australia as an informal Ministerial level dialogue group with 12 members. 35% of world trade stems from the 18 members of APEC and as a region is the US’s most important trading partner.  In its first decade, APEC Member Economies

1. Generated nearly 70 percent of global economic growth. Exports increased by 113% to over US$2.5 trillion

2. Foreign direct investment grew by 210% overall, and by 475% in lower income APEC economies

3. Real gross national product grew by about a third overall, and by 74% in lower income APEC economies

4. Gross domestic product per person in lower income APEC economies grew by 61%

5. The United Nations Development Programme (UNDP) Human Development Index for lower income APEC economies improve by nearly 18 percent

6. Poverty in East Asian APEC economies fall by about a third (165 million people), mostly as a result of strong economic growth

7. 195 million new jobs created in APEC Member Economies, including 174 million in lower income economies

8. Infant mortality falling and life expectancy rising in lower income economies, which is linked to significant improvements in access to sanitation and safe water, and expanding public expenditure on health

9. Heavy investments in human capital, with improving education enrolment ratios and growing expenditures in education.

B. The 22 member States are 1. Australia 6-7 Nov 1989, 2. Brunei Darussalam 6-7 Nov 1989, 3. Canada 6-7 Nov 1989, 4. Chile 11-12 Nov 1994, 5. People's Republic of China 12-14 Nov 1991, 6. Hong Kong, 7. China 12-14 Nov 1991, 8. Indonesia 6-7 Nov 1989, 9. Japan 6-7 Nov 1989, 10. Republic of Korea 6-7 Nov 1989, 11. Malaysia 6-7 Nov 1989, 12. Mexico 17-19 Nov 1993, 13. New Zealand 6-7 Nov 1989, 14. Papua New Guinea 17-19 Nov 1993, 15. Peru 14-15 Nov 1998, 16. Philippines 6-7 Nov 1989, 17. Russia 14-15 Nov 1998, 18. Singapore 6-7 Nov 1989, 19. Chinese Taipei 12-14 Nov 1991, 20. Thailand 6-7 Nov 1989, 21. United States 6-7 Nov 1989, 22. Vietnam 14-15 Nov 1998.  

 

C. The purpose of APEC is to provide a formal structure for the major governments of the region including the United States and Canada to discuss their mutual interests in open trade and economic collaboration.  APEC is a unique forum that has evolved into the primary regional vehicle for promoting trade liberalization, economic cooperation, sustaining regional growth and development, to strengthen the multilateral trading system andmto reduce barriers to investment and trade without detriment to other economies. 

 

D. The 1994 meeting in Bogor, Indonesia set the goals of free and open trade and investment in the Asia-Pacific by 2010 for developed economies and 2020 for developing economies.  The first meeting of leaders on Blake Island USA in 1993 outlined the vision for stability, security and prosperity for our people. 

1. To find cooperative solutions to the challenges of our rapidly changing regional and global economy:

2. To support an expanding world economy and an open multilateral trading system;

3. To continue to reduce barriers to trade and investment to enable goods, services and capital to flow freely among our economies;

4. To ensure that our people share the benefits of economic growth, improve education and training, link our economies through advances in telecommunications and transportation, and use our resources sustain ably.

E. APEC has been removed from the Chapter on South East Asia as they wrote to make this request on 14 February 2006 Dear Mr. Sanders:: As I see no linkage with your organization and APEC I am unable to grant you permission to link with the website, nor to use any of the APEC trademark. Yours truly, Anita J. Douglas. Director - Communications and Public Affairs. APEC Secretariat. 35 Heng Mui Keng Terrace. SINGAPORE 119616. ad@apec.org. IDD: (65) 6772 7659. Fax: (65) 6775 6013. www.apec.org

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Queries concerning on the use or requests to use a Designation should be addressed to
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Publishing & Corporate Affairs Manager at
jt@apec.org

Director (Communications & Public Affairs) at ad@apec.org

To a policy more like the liberal and straightforward policy of ASEAN that differentiates between NGO and for profit uses of the name that states,

USE OF THE NAME “ASEAN”

 

 

The Presidium Minister for Political Affairs/Minister for Foreign Affairs of Indonesia, the Deputy Prime Minister of Malaysia, the Secretary of Foreign Affairs of the Philippines, the Minister for Foreign Affairs of Singapore, and the Minister of Foreign Affairs of Thailand do hereby declare the establishment of an association for regional cooperation among the countries of Southeast Asia to be known as the Association of Southeast Asian Nations (ASEAN).  – ASEAN Declaration, Bangkok, 8 August 1967

 

 

I.          NON-GOVERNMENTAL ORGANIZATIONS

 

The ASEAN Standing Committee, at its meeting in Manila on 16-18 June 1986, adopted the Guidelines for ASEAN Relations with Non-Governmental Organizations, which included a provision on the use of the name “ASEAN.” 

 

The relevant provision states that, an affiliated NGO “may use the name ‘ASEAN’ and display the official ASEAN emblem in correspondence, communications, and at its official meetings so long as the displaying of such emblem is non-commercial in nature.” (NGO Guidelines, section 10.1).

 

II.         PRIVATE SECTOR

 

The ASEAN Standing Committee, at its meeting in Jakarta on 10 January 1979, adopted the Guidelines on the Use of the name “ASEAN” by the Private Sector.  Below are the main points:

 

Member countries shall exercise some measure of control on the use of the name “ASEAN” by the private sector for business purposes.  This administrative control shall be exercised where official registration is required by law for setting up a company, such as a trading company, whether as a corporation or sole proprietorship.  Any request for the use of the name “ASEAN” should satisfy the following conditions:

 

(i)         The entity should be regional in character involving all members of ASEAN;

(ii)        The name “ASEAN” should not be brought into disrepute by its usage;

(iii)       The entity should be indigenous to ASEAN;

(iv)       The usage of ASEAN should not have any negative effect on the aims and objectives of ASEAN;

(v)        The entity should have the sponsorship of any of the ASEAN National Secretariats.

In conclusion HA considers the current policy of APEC’ obsessive and compelling compulsive behavior of undesirable criminal and military enforcement agencies as we have witnessed in this case and is in need of liberalization.  HA hopes APEC will reconsider its decision to censor in light of ASEAN’s interpretation and the quality of the section proposed for publication in hopes that this unpleasant introduction will lead to a long and peaceful relationship founded upon UN Charter Principles of Equal Rights, Self Determination of Peoples, Non Use of Force, International Economic Cooperation and the free exchange of periodical publications intended to support the overall quality and content of public research however I am quite happy with the privacy granted by Anita J. Douglas on Valentine’s Day 2006.  Perhaps she will be the one to hold the conference to “de-mine” intellectual property in Asia the Pacific for the common good and be the first female role model for the author.  At roughly the time of the Valentine’s Day sentence I must declare that I had a dream.  My honorable counterpart, Anthony J. Principi, chairman of the BRAC Commission, and a female companion, who might be you, had on shorts and backpacks and were conferring with me before embarking on a voyage across the water to South America.  They were much more cheerful than the first dream, several months before, when I was attending an all night party at Mr. Principi’s house that was particularly somber.  Love AJ