Summary of Our Series

Social Media is a Data Business Success is about who owns the data and the experiences

Your Community is all about data, and more targeted demographic information for advertising. If you chose to use free platforms you will sell that community ownership to the platform provider. Make sure what you get for it is worth it.

The Value is in relationships and Connections. The Cost is in platforms. Success is specialised

Communities have varied requirements and shouldn't expect a generic solution will address their needs. The incumbents are carefully positioned to take the value, and leave the risk. The solution is to use specific unified community platforms in the Cloud, and maintain ownership of their communities

Communities pay a premium for value, exclusivity, and belonging. Let your model reflect that

There is a very good reason print magazines, and targeted publications still survive. They are no longer publications as much as they are communities. Audiences will pay small-medium subscriptions monthly to belong if they perceive 10X value in the cost. Curation and Specificity is the key

Chapter 1- The Social Media Business Model every Community Owner Must Understand

If you dont pay for something online, chances are YOU are the product

There’s a famous Internet adage that goes “if you don’t pay for a service, then you are not the user, you are THE THING THAT IS FOR SALE”. Nowhere is this more true than on Facebook groups, LinkedIn communities, and dozens of other notionally free sites, that mask their true advertising intentions behind thinly veiled services. Most people accept the trade off in their personal capacity to keep in touch with family/friends/colleagues/recruiters. But there are inherent risks in doing this if you own a community.

Facebook itself has an uncanny ability that is nearly supernatural to post an Ad to you based on a conversation you and your partner just had that morning. The Internet is filled with stories that swear that you just mentioned something, and voila- you got an ad later that on that …week->day->afternoon->hour…. Whether or not you believe Facebook saying it doesn’t listen to your microphone or other feed, there is no doubt that they are a data company. They specialise in getting you to provide data to them as quickly, easily, and innocently as possible, in order to increase the targeted nature of profile driven advertising. This advertising is how they make their money, and the only reason they can is because they own the data that you have given them to make their money, its in the terms and conditions. They are quite enlightening if you read them fully. 

Social Media and Communities

At first it was easy to just onboard simple users, and hang on to stratospheric growth. Back in the early 2000’s growth would come from just opening new accounts for simple core target scenarios. The key to this model was a long term play of free to use, free to connect, and free to some large perceived value. This made it super attractive for a user to just get onto Facebook, Twitter, LinkedIn, or any other social community. Social media investors invested billions to allow social networks to form. They needed hard drives, servers, cloud capacity, people, and eventually moderators, security and lawyers, and other big company stuff. They invested in the original model of free, knowing that advertising would pay them back 100-1000 times over as people uploaded so much data to the networks it would be impractical to switch, and lock in would take hold. People have up to 15 years of memories on Facebook now, its unlikely they will switch now, as the average user has too much data vested in the platform. Back then it was revolutionary that they could tell you someone was married for three years, and their anniversary was coming up, and they were originally from Texas. The wife of a Facebook person, would get an Ad for “Don’t Mess with Texas” mugs and t-shirts three weeks ahead of her husband’s birthday. A hotel Ad for where they got married would appear a month ahead of their anniversary, that was magical in technology of advertising, and was approaching the value of special interest magazines, in advertising mix, and overtaking them. This continues beautifully as long as you keep feeding the platforms data.

Over time people who wanted Facebook, got Facebook, and their new user curves levelled off somewhat, and other platforms (many of which they bought) arrived on the scene catering to different communities or different demographics (Instagram, TicTock, and the like). The battle shifted from just a simple core user with relatively simple (“about me” wall demographics) to ever more highly specific community and group driven profiles which were much more data rich. To compete and evolve ahead of the relevancy curve the social networks needed ever more targeted data. They don’t want a simple 30-50 white male profile to sell Health Cereal to. They want far more targeted data, as the more specific a data point is the greater its value, and the higher the conversion rates and click through rates of ads are. Social Media companies charge for users clicking on ads, not for displaying them. So the way to increase the click through rate, is to get better data and interest targeting. Groups, Communities, and special interests are the best way to get that data. 

The Magic of Big Data Advertising

If you want to reach out to a male, 52 year old, with multiple children, who is affluent, who owns a cottage, and a boat, flies ten times a year or more,  and sell them a new boat you now can. How will you find this buyer ? Facebook will tell you, and offer to bring you 20 of them who live in a 14.7Mile range of your boat dealership in Minneapolis. Its that accurate. They will even tell you its $1.34 for every click they bring to you, allowing you to cost your acquisition as a seller. Who told them all of that data ? Their users did, with every post, every about page listing, every like on a boat post, every boat group membership join, and every connection. That’s the utopian social network business model- data given for free by the user, was converted to revenue by advertising, based on targetted information the user gave up in return for an experience, a connection, or a service. The more information, the higher the click through rate and the more money they make directly.

Once a social network has your user- its unlikely they will ever want to hand them back to you. You have lost control of the relationship, and they will fight you tooth and nail for that user as its core to their business model. Don’t give them the user to begin with you’ll never get them back. 

The Tradeoff

Thanks for bringing your boat owners community to Facebook, we appreciate you brought us better data on 200 users of your local community. To improve user experience, we will recommend to (y)our users other groups for “relevance”. Why just belong to boat owners in Lake Winnersh ? Why not join the following 10 bigger groups ? Mr User why don’t you join all Michigan owners, all Searay Boat Owners, all Boat Owners for Trump Groups (yes they know your affiliation), and Former Marine Corps Boat Owners group at the same time ? Before you know it, the community you built over the last 10 years of hard work, curation, and relationship is a 4000 person network with people who live in the Australian outback as members. 

For community driven and neighbourhood groups this is absolutely fine in  most cases. There is nothing wrong with adding more choice and content to your users. But you are now less in charge of a community, and more of a volunteer curator of content. You have lost your opportunity to monetise your relationships, and the tools that are needed for you to be more relevant to your group are now in the hands of the platform. If you need evidence of this, just ask yourself if you are allowed to handle any cash or join the money flow of any FaceBook group ? No – they will cut you into the experience, but never the revenue, or at least not yet.

But like we said above, its not all bad. You needed a quick way for users to collaborate, share content, participate, and provide messaging, bulletin boards, and to connect and engage. As a platform provider Facebook and LinkedIn did that for you brilliantly, they are giving you a service, and aren’t charging. Its a quid pro-quo exchange of value. Social platforms offer real value to you, they give you technology, data, storage, legitimacy, an oversight role (think of political groups and blocks/bans etc), and commonality of trust. In return you hand over your monetisation opportunity, because your passion for the community and its cause, outstripped your toolset, it was just easier to move to a FB group rather, than build a platform to cover your needs. Their recent feature set, adding more group moderation and features, basic video rooms, etc reflect their need to cover your scenarios more completely than in the first wave of adoption so you will continue to hand over your communities, and police them for free.

Another Way ?

Companies like ClubCloud, HiveBrite, Gluup – and Wild Apricot have started to provide platforms for communities that are special purpose built systems for Communities. Rather than simple take it or leave it social network platforms that are ad driven, most scenarios that club owners, alumni associations, community groups, private members clubs, sports, entertainment, and even adult clubs need are packaged nicely into uniform solutions putting their community owners in charge. 

The Cloud membership software industry has removed the conflict of interest between the Club and the platform. The software is paid for as a subscription service rather, than have user ownership as the business model. This means the club will always control the relationship between its members and itself, never the platform. 

Our job in the industry is to provide the toolset that Club owners need to maintain relevance, content exclusivity, social connection, and business model viability to our customers. We don’t compete with our customers, we don’t need their users to join our platform, they are on YOUR platform. Clubcloud focused on four things common to the industry:

  1.  Social, Connection, and Interactivity – all of the features that you would expect in a social network, under the control of the club owner, with their rules, terms and conditions, and policies, not an outside set of rules.
  2. E-Commerce Platform and Marketplaces – Clubs need the ability to handle their own membership management, subscriptions and dues, as well as product sales, and community marketplaces all in one place. So we built  an ecommerce platform into every ClubCloud so the control is with the Club, and self service is with the member.
  3. Video at the Center of everything. From clubhouses, groups, people, meeting spaces, virtual spaces and offices. Even up to advanced features like video assisted shopping, reception rooms, and make your own table events; Clubcloud has woven video and remote spaces at the centre of everything with state of the art self service video interactivity, built in for free.
  4. Integrate everything – Easy to use is the new normal, and every feature, club and use case has to be super simple for various levels of user sophistication. Making tech simple is the key to user loyalty and adoption, and lots of complicated elements need to work seamlessly so that club owners can focus on their communities and not their technologies. 

The takeaway is there is now an industry of people who specialise in making Club and Community software and empowering their customers to own their own communities. There is now another way to power the groups and communities of the future no matter how big or small. 

Types of Exemption Clause

An contract exemption clause may be added into a contract for many reasons, but one of the most common is to include them as a consequence for either party breaking any of the conditions contained within it. These restrictions could be used to cover implied terms under current legislation, or they could also relate to express terms which are agreed at the time the contract is created.

Consequently, if a breach occurred, the innocent party can treat their obligations as being terminated, depending of course on the specific term or terms that were breached. That being said, it does not extinguish a contract if a breach occurs, the contract will still exist, it’s just you won’t be obliged to fulfil your duties under it.

There are lots of different elements to exemption clauses and they would always need further exploration by a qualified solicitor but in the next sections we will look at how they appear in a contract and the ways in which they can be used.

Exemption Clauses Incorporated into a Contract

The majority of contracts are usually in writing and a single or multiple exemption clauses may appear at various points throughout the document. For an exemption clause to be valid sufficient notice must be provided if a party is to later rely on the clause. This notice will need to be issued either before the contract is formed or at the time the contract is created.

Exemption clauses can also be incorporated as part of general dealings with parties, or because everyone involved in the contract is aware that the inclusion of an exemption clause is standard practice in that particular industry.

Different Types of Contract Exemption Clause

There are three main types of contract exemption clause; exclusion, limitation and indemnity. The type of clause that is used will be determined by the context and nature of the contract as well as the remedies for the injured party in the event of a breach.

Whichever exclusion clause is used, they ultimately aim to either eliminate or minimise the duties of the wrongful party under the contract. The specific duties will be outlined in the terms of the contract. This could be achieved through the exclusion of implied or express terms or reducing liability to a very small number of situations such as wilful neglect or default, or in the case of land or property accepting something subject to defects and/or faults.

When contracts are created, one party may wish to restrict liability in many situations, even when a breach is caused by someone who has defaulted on the contract. In order for this clause to be fully enforced, this term must have been communicated to the injured party before the contract was formed. In addition, the clause must be created in such a way to demonstrate that the parties did fully intend for the exclusion to be valid. Even when this is the case, the contract will need very careful wording and construction to ensure that serious problems do not arise.

Limitation Clause

A limitation clause can sometimes aim to qualify the rights of an innocent party when a breach occurs. This for example could be restricting or denying the innocent party to rescind the contract or minimise the damages that may be payable. One of the most widely adopted uses of exemption clauses is to limit amounts payable in terms of damages that result from a breach. If a clause is deemed to be valid, the innocent party will only receive a certain amount of damages, irrespective of what they actually lost.

When looking at indemnity clauses, these often stipulate time limits for bringing a claim and the length of this is of utmost importance because once the time has expired, the case will become time barred and the claimant would be unable to pursue any legal action. An indemnity clause would exist when a contract is formed and it is specified that if one party defaults under the contract, the other would indemnify them for the breach. In terms of business and consumer contracts, all exemption clauses are subject to the test of reasonableness and the validity of these clauses will be at the discretion of the court. Proof would need to be provided that the term was reasonable, and it covered the breach.

It is important to clearly distinguish an exemption clause from an arbitration clause. An arbitration clause cannot be treated as an exemption because there are rules surrounding how the clauses are constructed.

Whenever you are drafting a contract or you are entering into a contract, it’s always advised that you look out for an exemption clause because they may offer the other party greater protection and leave you open to problems if a breach occurs. If in doubt, always seek legal advice to clarify anything you are unsure of.

The first step in the run-up to tax return submission is selecting the right form. The basic of the tax forms is the 1040 ? also 1040ez and 1040a ? which has to be appropriately filled by every person filing tax returns in any case. It is meant for all kinds of income, over $100,000 annually, and also for itemizing deductions when not opting for standard deductions. 1040ez, again a basic tax form, on the other hand is meant for people who are single or when married, jointly. The conditions governing the 1040ez form are, the tax payees must not have any dependents, not blind, age less than 65, and have an annual earned income (taxable) less than $100,000 with an earned interest not more than $1,500, and have non-itemized deductions. Finally, the form 1040a is for those who have an income less than $100,000 annually, but with itemized deductions.

The stickiest part with tax preparation in fact is the right selection of the tax forms. Boy! It can be really confusing. To make matters worse, most of the people, they start thinking about tax returns only in the 13th hour, all warnings and ads by the tax department not withstanding. Some even end up paying the fine for delayed tax returns. But, none of these last minute heroic acts is ever going to give any respite to the person as far as the ordeal waiting for them is concerned, if not compounding it further. Here, one simply cannot afford to go wrong in the selection of tax forms and filling it. An error anywhere ? in the type of form (1040ez or 1040a or 1040) or the data incorporated – could lead to other complexities such as an unprecedented delay in tax refunds or even a fresh request to pay the income taxes from the tax department to clear the confusion.

Hence, considering such possibilities, it is advisable that if anyone is confused regarding the tax forms to use or with tax calculations, don?t hesitate to consult a tax specialist. They could help you with the tax calculations and the selection of the right form and documents (of course, they?ll take a pay for the service). On a general perspective, however, it is only advantageous to remain educated about taxation?s various dimensions and requirements. A professional could extend the much needed assistance, but it is always on a safer side for the individual himself/herself to be aware of the basic rules regarding taxation. Let?s not take everything for granted!

Another plus with acquiring enough knowledge about the different dimensions of tax preparation and the tax forms – 1040ez, 1040a, or 1040 ? is that then he/she could easily and safely shift to tax preparation software like TurboTax that are easily available in the internet to complete the formalities. TurboTax software is accurate, easy and simple to use, and what all you need to do is to first download the tax preparation software on your PC, and then provide the figures the computer asks of you. However, it is very important that the right figures be provided to the Turbo Tax software always so that there are no mistakes that may arise in the 1040a, 1040ez, or 1040 forms, when all the calculations are finished.

One could get the tax forms – 1040ez, 1040a, or 1040 ? from IRS or public library.
Make sure that you fill it out properly and include all the required documents before submitting it to the authorities. Ensure your signature on it and also the social security number without any errors. A misquoted SSN could cause lots of difficulties, both for the tax payer and the tax authorities.

The Lodge at Woodloch
The Lodge at Woodloch, a luxury destination spa, is located on over 500 wooded acres in the Poconos in northeast Pennsylvania. It’s a two- to three-hour drive from New York and Philadelphia and welcomes adults who are looking to reset, relax and rejuvenate.

The focus of The Lodge is a philosophy of personal awakening. With stress and anxiety at an all-time high in our society, The Lodge focuses on programs, activities, meals, and spa treatments to get travelers to unwind, refocus, and get centered. Health and wellness classes, fitness training and outdoor recreation (guided hikes, mountain biking, fly-fishing, bird-watching, kayaking, stand-up paddle boarding, tennis, and golf), cooking demonstrations and art classes are all a part of the stay.

Here, three ways travelers can reset and find their inner calm.

The tea ceremony on forest bathing walk.

Photo Credit: Amos Clifford Forest to Table
It used to be all about “farm to table”—the idea that resorts are using local products and ingredients in their meals, but now it’s morphed into “forest to table”—how foraging for their own food is becoming a new travel experience. At The Lodge, travelers can partake in a cooking demonstration with executive chef Josh Tomson to learn about mushrooms and wild ramps foraged that day in the forest. The “Edible and Medicinal Plant Walk” with the resort’s on-staff herbalist will teach travelers how to properly identify, harvest, and prepare these plants. Spending the morning with the resident naturalist will show travelers how to be more mindful in both nature and in their everyday habits.

The Snow Room at The Lodge at Woodloch

The Lodge at Woodloch Snow Room
Coming soon is the snow room and new co-ed sauna. With its fusion of dry snow and cold air, the snow room—in conjunction with the sauna—is said to help with detox, pain relief, and stress-reduction and will aid in strengthening the immune system.

“We love the natural wellness benefits that come with the snow room and that it emulates our seasons and natural habitat,” explains Robert Baldassari, general manager.. “Anything that brings our guests closer to nature and provides natural healing is something that we can get behind.”

Crystal bowls and other types of sound therapy is a rising trend at spa resorts.

The Lodge at Woodloch Vibrational Sound Therapy
Mindfulness and sound therapy have been a rising trend and the offerings at The Lodge at Woodloch are constantly growing. The demand for the classes went from one class offering per week to more than seven—clearly there’s a need among travelers to find inner calm and tranquility. This ancient practice has its roots in cultures from around the world, including nomadic shamans, Tibetan, Christian, Islamic, Hindu, African, and Jewish history. Mantras, chanting, healing sound bowls, and musical instruments have been a part of positive experiences, heightened consciousness, healing, and relaxation since ancient times.

The classes like Gong With the Wind and Blissed Out provide a deeply relaxing experience that helps release tension, calm the nervous system, and help travelers find inner peace. The classes differ slightly, but the goal is all the same: to get into a meditative state (often lying down or doing restorative yoga) while a gong or singing bowls are played. The sound creates an ocean of vibrations.

Relaxation in a Pandemic
The Lodge at Woodloch follows all government Covid mandates and the New Age of Precaution is updated to reflect all changes. Currently the destination spa is in the green phase, which means you can book massages and enjoy the spa, but facials aren’t currently offered.

The 58 guest rooms and suites gives the property an intimate vibe and yet there is plenty of program offerings like forest bathing and the only naturally-occurring cranberry bog at a destination spa. The property is also known for their culinary options. The TREE Restaurant and Bar is so named because it’s elevated among the tree tops with amazing views of nature. The menu is naturally-raised meats, fish, and organic, locally grown vegetables. The floor to ceiling windows and soaring beams allow the great outdoors to create the environment throughout the seasons. All overnight packages include three meals daily.

A recent panel of experts assembled by the National Business Aviation Association (NBAA) also found US charter flights trending higher this summer than a year ago, especially to second-home cities. Private charter flights to Vail, Colo., for instance, were up 33 percent in August, while similar numbers were reported for Florida.

Domestic personal travel continues to hold the lion’s share of charter in the US, while international travel is making a slower comeback, partly due to restrictions by US authorities on incoming flights and restrictions against US citizens in popular travel destinations such as Europe or parts of Asia.

“There is no one specific list of countries allowing business jets,” says Jason Middleton, CEO of Silver Air in Santa Barbara, Calf. “It’s all case-by-case and country-by-country.” Airports in the UK are providing access points to Americans traveling by private jet, who then can fly into the European Union and other European countries. Universal Aviation

“Everywhere seems to have some kind of new requirement,” adds Paul Weiss, president of Aviation Charter Inc. in Ewing, NJ. “And it’s always changing. Covid gets better and they loosen up, then they get more cases and they tighten it back down.”

The Bahamas might be a textbook example, as the islands closed completely at one point, reopened for private aircraft, reinstituted tight restrictions, and then loosened them again.

“We’re flying a fair amount to the Bahamas,” a representative for Magellan Jets told Robb Report. “The Bahamian Government is requiring a negative Covid test and a special Bahamian travel visa to enter right now. You cannot receive a travel visa without proof of a negative Covid form.”

With an illustrious history dating back 70 years, and as one of the most well-established agencies for registrations and the enforcement of Intellectual Property (IP) rights in the Middle East, South Asia and Africa, United Trademark & Patent Services (UTPS) has been closely monitoring this rapidly evolving field. We are committed to helping our local and international clients in all fields of technology, including emerging technologies such as AI.

According to a recent report1, AI has the potential to contribute $96 billion to the UAE economy by 2030, with potential gains for businesses and the public sector falling under two general categories: automating processes, and improving the quality of products and services.

Financial institutions already utilise AI for advanced customer services by deploying chatbots. They also use it to detect acts of fraud such as the use of false identities, money laundering, or credit card fraud. Opportunities also exist for AI applications in healthcare, due to its ability to handle large quantities of data to synthesise insights, thus predicting and diagnosing diseases. This helps to maximise efficiency and outcomes within medical facilities.

As AI continues to become increasingly prevalent in our societies, and as more industries find new applications for it, understanding the intellectual property (IP) policy around it becomes important.

According to a report by WIPO on Technology Trends2, there has been a surge in AI-related patents in recent years, with computer vision standing at the apex, as it is mentioned in 49% of all 167,038 AI-related patents. More widely, industries that have seen the greatest deluge of patents are transportation, telecommunications, and medical sciences.

Despite the increase in AI-related patents, not all patent applications get approved, with the most common objection being the issue of patent subject matter eligibility. Using the US as an example3, patentable subject matter in US patent law excludes abstract ideas, laws of nature, and natural phenomena, which makes it common for AI algorithms to be rejected as they tend to fall under the ‘abstract ideas’ category. However, with the help of a skilled patent drafter, applications are more likely to get around such exclusions if the claims are drafted towards solving a specific, novel, and non-obvious technical problem achieved by the AI algorithm.

A more interesting discussion surrounding AI when it comes to IP policy tries to answer the question of whether AI can be named the author of a patent if it creates something new, something that might not be too far from reality. Bringing it closer to home and contributing to the discussion of whether AI can be named as the author of a patent, the answer in the UAE [at least with the current law and practice] is a resounding “No”. Article 7 of Federal Law No.17 of 2002 in the UAE, as later amended by Federal Law No.31 for the Year 2006, presents the following two statements:

  • ” . the inventor, or his legal successor, has the right to the invention.”
  • “The person whose efforts are limited to helping in the implementation of the invention without participating in any inventive step is not to be considered as an inventor or as having the status of an inventor.”
  • Although it is not explicitly stated, these passages both imply that to be capable of owning a patented invention, the inventor must:

    (a) be a person; and

    (b) participate in inventive steps.

    Illustrating this through a more tangible example, one can imagine a car designer who feeds a general shape to an AI algorithm, which is then deployed to iterate and refine its aerodynamic characteristics, leading to a patentable invention. According to the UAE law, the AI in this case is being used as a simulation tool to achieve an intended result as perceived by a human designer, who is consequently considered the sole inventor.

    As innovations proliferate the market, UTPS remains committed to protecting its clients’ intellectual property rights throughout the world with seamless and efficient services, and a sharp focus on client satisfaction. The firm understands that the practice of IP law requires extensive knowledge and outstanding skills, as well as the ability to adapt to new challenges and to traverse through uncharted paths with unwavering responsiveness. As a firm, we also understand the importance of cultivating and maintaining long-lasting relationships, which is why over 200 Fortune 500 companies trust us to represent them in various matters throughout the region.

    Do you want to learn more about how we can help you protect your AI-related inventions? Contact us for more information.

    Footnotes

    1 “The potential impact of AI in the Middle East”, PwC. [Online]. Available: https://www.pwc.com/m1/en/publications/potential-impact-artificial-intelligence-middle-east.html.

    2 “WIPO Technology Trends 2019: Artificial Intelligence”, WIPO, Geneva, Switzerland, 2019.

    3 “October 2019 Update: Subject Matter Eligibility”, USPTO, 2019. [Online]. Available: https://www.uspto.gov/sites/default/files/documents/peg_oct_2019_update.pdf.

    The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

    POPULAR ARTICLES ON: Intellectual Property from United Arab Emirates

    Trademarks Law And New Amendments

    E. Tzioni & Associates LLC

    On June 12, 2020, an amending law was published in the official Gazette of the Republic of Cyprus, pursuant to which the vast majority of the provisions of the Trademarks Law, Cap. 268, has been replaced.

    What Are Your IP Assets Worth?

    Dennemeyer Group

    In the 1880s, Thomas Edison used his patent for the electric light bulb as collateral to secure the funding he ultimately used to lay General Electric’s foundation.

    Key IP Trends To Watch For In 2020

    Dennemeyer Group

    A new decade is upon us, and its first two months have veered between ordinary and chaotic. Somewhere in the middle of that spectrum lie a handful of developments relevant to the field of Intellectual Property.

    The Supreme Peoples’ Court and the Supreme Peoples’ Procuratorate (SPP) issued an interpretation of the implementation of the criminal laws regarding IPR protection, which strengthens the crackdown on IPR infringement, expands the scope of punishable offenses and increases criminal penalties for violations, among others.

    Specifically, the legal interpretation, which takes effect on Monday, lowered the threshold of punishable offenses from 500,000 yuan ($73,158) or more to 300,000 yuan or more. Furthermore, convicting major violations of trade secret protection laws would no longer require “actual damage in production and operation.” 

    Career IPR thieves, repeat offenders and those who counterfeit trademarks during major natural disasters, accidents and public health crises will face severe penalties with no probation.

    “[The legal interpretation] is an important measure to increase the intensity of legal protection of IPR and respond to concerns in society,” according to a statement on the website of the country’s top prosecutor.

    While China has been steadily moving to bolster its IPR protection, the issue has also been highly politicized by some US officials, who have made unsubstantiated accusations over China’s record in IPR protection and even cited it as a reason to close the Chinese Consulate General in Houston, Texas. 

    While the SPP said that China has attached great importance to the IPR protection, new types of violations, especially cases regarding trade secrets, have been on the rise, the statement said. 

    The interpretations were based on domestic and foreign suggestions to lower the standard for convictions to protect trade secrets, the statement said.

    Global Times

    By denying the payment of GST compensation to States and instead asking them to borrow, the Centre may have been legally correct but it must not be forgotten that the States had made a huge sacrifice in surrendering their taxing powers while agreeing to implement the GST regime. They had bought into the idea of a unified market based on what was promised to be a “Good and Simple Tax.” That promise remains to be fulfilled yet. Multiple rates, technical glitches in the GSTN and difficulties faced by the taxpayers in getting timely refunds, that have bedevilled it since launch, still remain unaddressed. The latest decision of the GST Council may have driven a wedge between the Centre and the States, which have so far wonderfully cooperated in the panel that has, barring a single occasion, voted unanimously on all contentious issues.

    This is not to undermine the positive benefits the GST has already brought. It was supposed to be a transformational tax, and in many ways it has been so. It not only eliminated multiplicity of taxes and cesses but also brought down the rate of effective tax and its incidence on most items. The ominous Inspector Raj and long queues of trucks at the state entry barriers are things of the past. Even in a country with a highly fractious political culture, the GST Council has set a shining example of cooperative federalism. However, the future may not be as smooth.

    Even before the pandemic had struck, GST revenues were falling. Now the pandemic has wrought havoc and collections are nowhere near last year’s levels. As per the GST Compensation Act, the Centre is supposed to compensate the States at bimonthly intervals for five years till FY-22, in case the revenue losses of the States exceeded 14 per cent growth calculated on the base-year 2015-16 collections. It was supposed to draw from the GST Compensation Fund financed by the Compensation Cess levied on luxury and sin goods like cars, tobacco products and soft drinks. GST payments to States for the current fiscal have been pending since April 2020. For 2019-20, the total compensation paid was Rs 1.65 lakh crore against the compensation fund collections of just Rs 95,444 crore, and the Centre had to tap the balance of cess from the previous years as well as Rs 33,412 crore from the Consolidated Fund of India on account of IGST to meet the States’ dues. Thus the inability to pay States’ GST dues was not just due to the economic morass triggered by the pandemic. The actual collections under the fund now cover only half the monthly requirement of Rs 14,000 crore.

    The reduction in GST rates for many items had resulted in an inverted duty structure where the duty on the final product was less than the duty on the inputs, requiring higher refunds.  The options before the GST Council were either to (1) rework the slabs or increase rates to correct the inverted duty structure; (2) increase the rates of compensation cess and expand the item base, or (3) allow the States to borrow more and repay the borrowing using future collections, that is, by extending the compensation cess beyond 2021-22. Given the mayhem caused by the pandemic and the severe contraction of the GDP driving the economy into a comatose state, the Centre was rightly wary of raising or expanding the scope of the cess that might cause further job losses. The Centre thus had only two options: either allow the States to borrow or meet the shortfall from its own resources, which must come from its own borrowings, with corresponding fiscal and monetary implications. Yields of government securities (G-Secs) will harden, putting pressure on interest rates across the economy; credit rating agencies also may view this negatively.  Besides, with the fiscal deficit already having exceeded the full year target of Rs 7.96 lakh crore, it was really a Hobson’s choice for the Centre.

    The Act does not deal with this unprecedented shortfall of compensation cess, the reason for which is partly the inefficiency of the GSTN to fix the technical glitches, especially its inability to match the buyers’ and suppliers’ invoices. The Centre had earlier approached the Solicitor-General, who argued that it was not legally obliged to pay full compensation to the States. Armed with this, in the GST Council meeting of August 27, the Centre offered the States two options, the logic of which is questionable. It has cited the unprecedented economic contraction and consequent revenue shortfall due to the pandemic as an “Act of God”, which is not covered by the GST statute that has no force majeure clause, to renege on its promise to pay the States compensation out of its own funds. There is also no denying that the Chinese action on the LAC has necessitated higher security expenditure.

    The estimated compensation shortfall of Rs 2.35 lakh crore in the current fiscal was divided into two segments though some accounting jugglery: Rs 97,000 crore on account of GST implementation and the rest due to revenue loss attributable to Covid-19. Accordingly, the Centre offered two options to the states: Option-I for additional borrowing of Rs  97,000 crore under a special borrowing window of the RBI at G-Sec-linked interest rates, to be repaid in full, including interest from the compensation cess fund, without being counted as States’ debt. The rest Rs 1.38 lakh crore will be reckoned as States’ debt. Option-II was allowing them to borrow the entire amount of Rs 2.35 lakh crore from the market, of which only the principal will be paid from the compensation cess while the interest burden will lie on the States’ shoulders. However, it appears that the Centre might allow the interest also to be paid from the cess without creating any burden on the exchequer. The compensation cess will continue to be levied beyond FY22 till the States’ debts get liquidated.

    Earlier, under the Centre’s stimulus package, States were given additional borrowing space by raising their borrowing limits from 3 to 5 per cent of GSDP, but save 0.5 per cent, the rest was available only on their implementation of various reform measures, like the One Nation, One Ration Card, Ease of Doing Business, power distribution and augmentation of municipality revenues. Even the 0.5 per cent was conditional upon achievement of the milestones prescribed in respect of the reforms. Now Option-I allowed the States to carry forward any unutilised borrowing space up to 1 per cent of GSDP unconditionally to the next fiscal. The Centre would coordinate the borrowing and also bear the extra interest cost above the G-Sec yield through a subsidy. However, no such extra borrowing space would be available for Option-II; the entire borrowing exceeding Rs  97,000 crore will count as the States’ liability. The interest would be decided by the market and not linked to G-Sec yields.

    States are understandably furious at what they see as “betrayal” of the Centre, especially the non-BJP ruled ones like Punjab, Delhi, Puducherry, Kerala, Madhya Pradesh, Rajasthan and Chhattisgarh. They feel the distinction in the shortfall on account of GST implementation and the pandemic is “unconstitutional.” In any case, they want the entire borrowing to be accommodated by increasing the borrowing limit. They are apprehensive that the borrowing would translate into “mortgaging of the future.” States have a legitimate grouse not only because the delay in compensation payment has pushed their already precarious finances to the brink, but also because they get no share from the various cesses and surcharges levied by the Centre on items like petrol, diesel, education, health or social welfare.

    Understandably it was not an easy decision for the Centre, and it militates against the spirit of cooperative federalism so far demonstrated convincingly by the GST Council. As regards borrowing by the States, there may not be much difficulty. The market is awash with liquidity with little demand for credit as evidenced by the FCI being able to raise loans of Rs 75,000 crore at only 4.6 percent. Banks are flush with funds from the stimulus package, which are being parked at the RBI at the reverse repo rate. But the Centre still can regain the States’ trust by increasing their borrowing limits further to accommodate the entire Rs 2.35 lakh crore. In federal relations, trust is as important as legality.

    (The author is a former Director General, Office of the Comptroller & Auditor General of India and an academic.)

    According to a police report included in the file, family members of Thomas E. Johnson, 69, and Leslie Ann Jones, 67, wanted to check on them after not hearing from the couple for about four days.

    On April 13, the family members, who do not live in the area, asked Jones and Johnson’s 20-year-old godson, who does live in the area, to visit their home in the 500 block of Fair Oaks Avenue for a well-being check, the report said. The godson found the front door closed, but unlocked, and he went inside at about 7:30 p.m.

    Just inside the front door, the godson discovered Jones’ body lying on the stairs, while Johnson was found in an upstairs bedroom laying on a bed, the report said.

    Friends and neighbors gather in the 500 block of Fair Oaks Avenue in Oak Park for a vigil for Thomas E. Johnson and Leslie Ann Jones on April 15. The couple was found dead two days earlier after a wellbeing check at their home. (Chris Sweda / Chicago Tribune)

    The godson called Oak Park police, and paramedics rushed to the home. A doctor from Loyola University Medical Center pronounced the couple dead at 7:47 p.m.

    An Oak Park police detective wrote that night in the documents that he had “limited information” regarding Jones and Johnson because forensic technicians were still processing the scene and speaking with family members when the report was filed.

    The detective did report the home did not appear to be ransacked, and said Johnson’s wallet was found on the bedroom floor with its contents scattered.

    First responders also located the couple’s dog alive in the home, and paw prints from the dog and footprints from a person were “visible in the residence,” the report said.

    The report states Johnson was stabbed multiple times in the head, neck and shoulder area, while Jones was stabbed multiple times in the head, chest, shoulder and arms. The medical examiner ruled the cause of death for both as “multiple sharp force injuries,” ruling both deaths homicides.

    The couple were both graduates of Harvard Law School, and were partners in the downtown law firm of Johnson, Jones, Snelling, Gilbert & Davis. Jones, who also had degrees from Yale, the University of Chicago and Northwestern, specialized in health care, civil rights and real estate law, while Johnson worked on issues of social justice and corporate accountability, litigating cases all the way to the U.S. Supreme Court.

    Johnson was particularly well-known for his work as a hearing officer for the Chicago Police Board. Last year, he oversaw the hearings for four officers accused of covering up the investigation into the 2014 Laquan McDonald shooting. He presided over the hearing of an officer who shot and killed 55-year-old Bettie Jones and 19-year-old Quintonio LeGrier during a confrontation with LeGrier in 2016.

    Johnson also used to watch over young people from single-parent homes who were part of wrestling and baseball programs in the Chicago area.

    Jones was also known for her charitable efforts, particularly with the Oak Park Area Arts Council and Hephzibah Children’s Association.

    This report may be updated if additional information becomes available.

    Chicago Tribune reporter Madeline Buckley contributed to this story.

    [email protected]

    DUBLIN (Reuters) – British and European Union negotiators are likely to have a few weeks to avoid a breakdown of trade talks, but that window will close if a contentious British bill becomes law, Irish Foreign Minister Simon Coveney said on Sunday.

    British lawmakers will on Monday begin debating the Internal Markets Bill, which the EU has said is unacceptable and would breach a divorce treaty agreed with the bloc.

    “I think there is an important window here before this legislation becomes law to try to make progress on some of the issues that the UK seems to have a problem with. The way to do that is through negotiation,” Coveney told RTE radio in an interview.

    The British government has accused EU negotiators of threatening to impose a food blockade between mainland Britain and Northern Ireland and says the proposed legislation would prevent that.

    But Irish officials have suggested that progress on a zero-tariff free-trade deal between Britain and the European Union might supersede those British concerns.

    Coveney said the EU would not negotiate further should the British bill become law. But he said the delay between the bill being proposed and entering law created a window of opportunity.

    “This legislation I believe will probably get delayed somewhat coming through the Houses of Parliament in the UK, particularly in the House of Lords,” he said.

    Reporting by Conor Humphries; Editing by Susan Fenton and Pravin Char

    We have after careful consideration opened our accidents claim practice again, and are now available for consultations.

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    We are delighted to roll out new members features in video. We have now released to the club community at Gold and above (Ambassador, Black Card, White Card). A New VIP conferencing, meeting, and private suite capabilities. 

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    Elite VIP – Private Room

    The existing 1:1 video room gets a premium makeover. For consultations, private meetings, and 1:1s Gold+ members get their own dedicated VIP suite in addition to all other club video facilities