Approaching Mid-Term Polls
Ground Realities

By Prem N. Kakkar

THE revelations made by the Royal Nepalese Army (RNA) in its fight against Maoist terrorism makes interesting study. This comes in the context of the fact that it is almost nine months since the State of Emergency was declared on November 26 last year. That was the time when all the security forces were mobilised to tackle the grave situation facing the country.

Agreement

That was a time when all the major political parties had agreed that the declaration of the emergency was necessary so that the country could once again heave a sigh of relief with peace and a sense of security prevailing. In the almost nine months that the State of Emergency is in force, there has been a gradual return of normalcy in many areas worst affected by Maoist terrorism. Though the 'war against terrorism' is still not over but optimism prevails thanks to the operations conducted professionally by the security forces against the terrorists.

According to what RNA had to say, about 3000 Maoist terrorists have been killed so far in various encounters. With RNA's claim that they have cracked the intelligence network of the Maoists. This means much when the fight is against a very trained group of people who have gone astray. However, it does not mean that the end of the tunnel is in sight. It requires all the vigilance in the days to come as well. It may be well remembered by the terrorists that when there is a global backlash against terrorism their indulgence in similar activities to disrupt the very process of maintaining peace and speed up development in the country cannot do any good.

After all we all belong to this country. Its prosperity and development is the heartfelt desire of all. But, instead of joining the mainstream they have been destroying the basic development infrastructures, looting and killing innocent people. It may sound alarming in the beginning but in the long run the country stands to lose much. They have to be able to think as Nepalese to work for the country and not bring it to shambles. It is not for the benefit of anyone.

Nepal as such is poor and the spate of violence and unwanton killings of ordinary people by the Maoist terrorists have already led to a most extraordinary situation. To make up for the loss inflicted it will take a long time to recover. The economic development of the country has already been affected with most of the budgetary allocation going to meet the security realated expenses. It may be right to say that only under a condition of peace can development take place. But when there is violence then peace is not there so taking development to the people proves difficult if not impossible.

In the backdrop of such a serious situation, the major political parties do not have any panacea. The only thing they know most is to criticise the government. When even a party like Nepali Congress (NC) with a glorious past cannot hold together, it seems quite unfortunate. This intra party squabble was what led to the parting of ways of the top NC leaders with one faction led by Prime Minister Sher Bahadur Deuba and the other led by former prime minister Girija Prasad Koirala. The repercussion was felt when both the leaders have their own party: NC led by Prime Minister Deuba and NC led by Koirala.

The matter relating to which faction should receive the tree symbol and the four-star flag is pending with the Election Commission (EC), which is yet to make the final decision. The discussion with representatives from both factions having presented their argument as to which should be awarded the particular symbol and flag. The controversy is still on. Only the EC's final decision will be able to sort out the issue and end the confusion.

Herein, it may be worthwhile mentioning that the other political parties have expressed their sympathy at such a juncture in NC's course. The Communist Party of Nepal-United Marxist-Leninist (CPN-UML) and Rastriya Prajatantra Party (RPP) have already gone through the pangs of split in their respective parties. Though the UML has already united, NC is going through a similar phase.
The background to this bitter truth was Koirala taking disciplinary action against Prime Minister Deuba and the stand not to give support for the extension to the State of Emergency. They were rather unfortunate decisions. It was compulsion that made Prime Minister Deuba recommend for the dissolution of the House of Representatives and call for fresh polls.

Harsh Reality

Now, it is upto the political parties to embark on the campaign trail keeping in mind the ground realities of the country: Maoist violence, economic slump including the hard bitten tourism and export industry sectors, poverty, unemployment and so on. The harsh reality is there and the people look upon the leaders to do their part to diffuse the situation for the better which will be a test of their maturity and ability. After all, that is what the people expect of their political leaders.

Enforcement Of Copyright Act Crucial

By Arhan Sthapit

WITH the royal assent to the Copyright Bill-2059 on August 15, Nepal has ushered in an important era of intellectual property (IP) regime. The new copyright bill had been passed earlier by both the lower and upper houses of the Parliament on April 1, 2002 (Chaitra 19, 2058) and April 13 (Chaitra 31) respectively. The new Copyright Act-2059 has aimed at protecting creators' right to their works effectively from unauthorised copying and other forms of copyright infringements.

Indispensable

It is indispensable to encourage and promote creators by duly protecting their creations or intellectual properties (IPs) from unauthorised use or piracy.

At the first place, IP piracy and violation of IP rights not only stifle one's creativity and 'drive for innovation' but also clog the growth of economy and the society. More so as the IP right violations are also to blame for deflecting proceeds of millions of rupees every year to informal, illegal sectors instead of bringing to national coffers -in the form of customs, tariff, tax and duties.
That apart, the legal protection of these new creations is also essential for encouraging the expenditure of additional resources, which leads to further innovation in the areas of technology and culture. The IP promotion and protection spurs the economic growth, creates new jobs and industries and enhances the quality of life.

Intellectual property is a broad term for the 'property of mind' constituted by two integral components, viz., Industrial Properties (like inventions, industrial designs or models, trademarks, integrated circuits, trade-secrets and geographic indications), and Copyright and related Rights (art-related works like musical works, operas, films, choreography, computer programmes and databases, literary works, paintings, sculptures, etc). Of them, the Copyright Act-2059 specifically deals with the latter.
At a time when Nepal is working to join the World Trade Organisation (WTO), the Act has come as a historic move to facilitate its accession process by catering to the need for making Nepal's Intellectual Property (IP) system in compliance and harmony with the TRIPS Agreement latest by December 31, 2005, as stipulated by the world body. The Agreement on Trade Related Aspects of Intellectual Properties (TRIPS) that came into force on January 1, 1995, is one of the major agreements negotiated at the GATT's Uruguay Round that established the WTO.

The new Act has followed the model of the World Intellectual Property Organisation (WIPO) in harmonising the IP legislation with the international laws and practices. It helps Nepal in keeping itself up with the dynamics of international and regional trade.

As an important instrument to economic prosperity world-wide, copyright industries are growing at a steady rate with the international average of their contribution to national economies ranging from four to six per cent of the Gross Domestic Product (GDP). In the United States alone, the copyright industries accounted for 4.94 per cent of the US GDP, which comes around US $ 457.2 billion in value-added, assuming 1999 as base year. They are one of the fastest growing segments of the US economy, with the 360 per cent growth in terms of the value added to the US GDP in the past two decades.

Nepal-endowed with rich and unique art and cultural heritage, and extremely prolific minds - can also discover tremendous potential in the copyright industries. It has not yet been able to maximise the benefits from the copyright sector largely due to the "inadequate and unscientific" Copyright Act-2022 (1965AD).

The old copyright act had also come under strong criticism for its flaccid enforcement, which is responsible for an undesirable situation where rampant copyright violations go unscathed and creators' were deprived of all lawful and moral benefits. Now even after introduction of the new Copyright Act, the issue of effective law enforcement has not settled. Instead, it has become a rather big challenge. Infrastructure and public awareness are the two keys to effective enforcement of the new.

Infrastructure

Among the infra-structural works, drafting copyright regulations in line with the new Act should receive the top national priority. The concerned officials of the Ministry of Culture, Tourism and Civil Aviation under whose jurisdiction the copyright issues lie, now face the onus of expediting the things by taking into consideration the weak points of the existing Copyright Regulations and their enforcement.
Likewise, infrastructure also includes need for a national copyright office or registrar for regulating the registration of the creations that helps identify and distinguish titles of works through an appropriate registration mechanism. The Ministry officials need to make effective provisions for the newly envisaged registrar, not to repeat the fate of National Library, which had to act as 'perfunctory and powerless' copyright registrar against all odds in the past.

Infra-structural works for establishing collective societies are also essential, as many creators and owners do not have the means to pursue the legal and administrative enforcement of copyright, especially given the increasingly world-wide use of literary, musical and performance rights. Their members can receive benefits of the societies' administrative and legal expertise in collecting, managing and disbursing royalties gained from national/international use of a member's work.
The Copyright Protection Society of Nepal (CPSN) that had contributed substantially to the drafting of the copyright laws and lobbied for strengthening copyright protection in the country has emerged as a potential actor in the role of a collective society under the new copyright regime. The technical expertise stands the CPSN in good stead that should be exploited to immediately award Nepali creators what they deserve, as Nepal can no more afford wasting time against copyright infringements and IP piracies.

There is no denying that effective enforcement and timely reform of copyright laws is one of the areas requiring a sustainable government-private sector partnership. The private-sector along with non-governmental organisations like Performers Rights Society (PRS), Music Authors and Composers Society (MACS) and Music Publishers Society (MPS) constitutes an integral part of the entire copyright protection system.

Besides, Nepal -a member of the WIPO-now faces the need for signing the Berne Convention (for the protection of Literary and Artistic Works) to help her nationals obtain international protection of their copyrights and receive payment for the use of their creations.

Awareness

Awareness is key to effective enforcement of all kinds of law. However, copyright is yet to be a common agenda in the circles not only of intellects and learnt ones but also of uninitiated commoners. Reports show that the high level of copyright awareness among the masses has enabled many countries to elicit maximum benefits from copyright law enforcement. Hence, in Nepal also, public awareness right from the grassroots level -against copyright violations in forms of illegal copying, imitating, pirating or poaching as well as their readiness for reasonably paying the creators for using their 'property of mind'- should be raised. Only then can the new copyright law be effectively enforced and the benefits optimised.

CIAA Has Teeth That Can Also Bite

By Narayan Upadhyay

THE old cliché "corruption is rampant in Nepal" has taken a new turn after the exposition of filth-laden wealth of our revenue officials. Seventeen of accused are whiling away their times in jail wards waiting the court verdicts on their (mis) deeds, unbecoming of their positions. The corruption tainted others who are yet to face the CIAA ires must have been feeling the heat. The latest reports abound with stories about the government employees and their close relatives who suspect that they are likely to be the CIAA's next target on whom its axe may fall eventually.

The country's constitutional body assigned to probe into the abuse of authority has finally acted, thanks to the passage of the CIAA Act-2048 Second Amendment-2059. The new amended Bill, after receiving the royal assent, empowered the Commission for Investigation into the Abuse of Authority's (CIAA) immensely that paved the way for the latest raids. The CIAA expose' has come as a pleasant surprise for many who never ever believed that the Commission could have taken such a step. Thanks to the new law, the CIAA has got the new teeth that can also bite. The process, if given momentum, will sure to turn the old cliché into a fresher saying- if you indulge in rampant corruption, the CIAA will come knocking at your door in the dead of the night.

It is sad to note that with the restoration of democracy in the nation some 12 years ago, the country has experienced a sudden spurt in the cases of corruption. During the last year, a report stated, the CIAA received complaints of more than 700 hundred strong cases of corruption. The most saddening thing is that those who are enjoying the trappings of power and posts are mainly responsible for the ever-growing cases of corruption.

The record breaking action of CIAA (it has never raided the houses of anybody in the past) to nab those who have earned more without having proper sources of income speaks how corruption has crept into our system. Some of these employees are believed to have the protection and support from the highly placed politicians. The simple logic says that without the political protection, they could not have amassed such mind-boggling amount of assets.

In the past, the CIAA could not act sternly and the accused walked away unhurt because it failed to receive support from the political level. Many bureaucrats and politicians looked the other way when the independent constitutional body issued directives against them. The lack of sufficient empowerment the CIAA and strong will to combat the menace of corruption from the political level are responsible for the present state of affair- especially at the department where revenue for national coffers are collected.

In the latest incident, 22 government revenue officers ranging from fourth level clerks to joint secretaries have been found of involving in corruption. Revenue department of the nation has become the den of corruption in the country. The CIAA expose' has rightly proved that the most of the employees at the department, more often than not, are involved in the frauds. The CIAA raids disclosed property and assets worth billions of rupees disproportionate to their positions.
The latest action against the revenue officials has sent a wave of hope among the Nepalese that the Commission would direct its attention to other departments too. People are hopeful that the Commission would investigate into the income of employees of different public organizations to effectively clean the mess.

However, even after it makes its resolves to clean up the corruption mess, the CIAA must gain the support from the political level. Enacting a law would not suffice to clean the Aegean stable of corruption, effective promulgation of it is also necessary so that it could produce the targeted result. Or, it may fall into the old ways.