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The Election Commission, headed by Justice M A Aziz, seems to be determined to make messes in every step it takes – the latest being the publication of an evidently faulty draft of the electoral roll on Wednesday.
   The Commission published the ‘draft’ of the fresh electoral roll in the midst of an ongoing legal battle with the opposition political camp, challenging its jurisdiction to prepare a fresh voters’ list. The opposition believes that the commission should ‘update’ the voters’ list on the basis of the previous one. At the moment, the case is pending with the Appellate Division of the Supreme Court.
   While waiting for the Appellate Division’s decision about the legal contention, we are simply forced to make certain observations on the mess that the Election Commission has already made by publishing the voters’ list on Wednesday. The acting secretary of the Commission reportedly told journalists around midday that the draft list was kept on display at the offices of the district and upazila election officers, and those of the union councils, municipalities, ward commissioners as well as the educational institutions that are used as polling centres. He also informed the media that the commission was yet to get all the data from the district- and upazila-level offices, and therefore he was not in a position to say the number of total voters this year. It would take three days to get all the data and only then the commission would be able to say the figure, he added.
   But in the same evening a ‘miracle’ happened. The EC ‘succeeded’ to get the total number of voters enlisted. In a press release, the Commission announced that the total number of voters enlisted in the fresh list is 9,13,14,592 – which is 21.75 per cent higher than the previous list prepared in 2001. The number of voters was 7,50,00,656 in 2001, up 24.38 per cent from 5,67,16,935 in 1996.
   The Commission’s activities as regards the draft list are bound to raise a couple of pertinent questions: Why should it decide to display the draft list without centrally gathering the complete data in the first place, particularly when the convention is the opposite. In 2000 the commission issued a press release, specifying the number of voters on July 18, the day the draft list was published. Secondly, how did the commission get all the data in hours after the secretary of the commission secretariat told the press that it would take three days to centrally assemble the data required to determine the total number of voters?
   Besides, the field-level reports gathered by the media reportedly show that the commission’s claim as regards the availability of the draft list at the designated places, including offices of the election officers at the upazila level, is not based on undisputed fact. Clearly, the draft list, which the opposition has already rejected, would provide the opposition a fresh ground for strengthening its movement for doing away with the present Commission. The argument is simple: when an undisputed electoral roll is the most important prerequisite for holding a credible election and the already controversial election commission has failed to deliver such a voters’ list for the parliamentary polls scheduled to be held in early 2007.

Press freedom in the land where journalists are an endangered species

With a unanimous declaration by noted global journalist organisations that Bangladesh is the most dangerous place for journalists, the World Press Freedom Day was observed in the country. With the theme ‘Free flow of information improves governance in a country’, a seminar was held in the city and in that the significance of press freedom in ensuring development, eradication of poverty and overall transparency were discussed.
   At the same time, the plight of journalists, the social insecurity that many have to face being in this profession were also highlighted.
   Now, we all know that journalists in Bangladesh face threat in their work and are often exposed to risks that leave a very thin line between life and death. A brief look at the statistics will provide the actual picture: in the last 12 years 19 journalists have been killed, 561 wounded and 74 arrested. On top of that, 171 were humiliated during duty and 729 received death threats.
   Naturally, a look at the numbers give an unambiguous picture of the environment in which the press apparatus operates, and, by no means can this complement the aspiration of a nation to walk the democratic way.
   Democracy and press freedom are like two sides of one coin and once one side is scarred the whole coin itself becomes useless. Needless to say that once press freedom is compromised then a nation’s other efforts are also plunged into uncertainty. In this regard, the director general of the Bangladesh press Institute said that press freedom ensured free flow of information, a pre-requisite for expunging illiteracy.
   But, why just illiteracy, if we want to create awareness on global issues like HIV, nuclear armament, ecological preservation and even on life’s evolving values in the 21st century, press has to be given the right to speak up without hesitation. In fact, if we are observant enough we will see that, almost all major global complications, including wars, famine and mass genocide, persist and make us suffer because the press is not allowed to comment on them freely. Hence, we come to the bans and acts that deny the media the leverage it requires. Different acts and laws that exist in Bangladesh obstruct the free flow of information and thus, corruption cases are often left out without proper scrutiny.
   The situation becomes deplorable when politicians falsely accuse journalists of publishing wrong news and when reporters are harassed by politically linked people.
   Be that as it may, as we observe another press freedom day we urge the authority to ensure an unhindered flow of information in the quest of a transparent government. At the same time, harassment of journalists must stop. But, before all else, the authorities must realise the importance of a free press because unless that is assured transparency, accountability and, above all, democracy will remain a chimera.

Albert Einstein once said, 'imagination is more important than knowledge.' Einstein's preference for imagination over knowledge is a starting-point as because Intellectual Property (IP) is based on the power of imagination. Einstein understood that it is the ability to stand on an existing foundation of accepted knowledge and see beyond to the next frontier of discovery that is the source of personal, cultural and economic advancement. Intellectual Property -- 'Works of the Mind' -- is playing an ever more important role on the global context during the 21st century. Intellectual property such as Inventions, Books, Plays, Music, Films, Designs, Trademark, Computer Software are now used and enjoyed everywhere on the earth.
   For many years economists have tried to provide an explanation as to why some economies grow fast while others do not, in other words, why some countries are rich and others are not. It is generally agreed that knowledge and innovation have played an important role in recent economic growth. The renowned economist Paul Romer suggests that the accumulation of knowledge is the driving force behind economic growth. For countries to promote growth, his theory goes, their economic policies should encourage investment in new research and development and subsidize programmes that develop human capital. One of the consequences of the emerging importance of IP and the new pattern of global trade that started at the beginning of the 1990's was the forging of a deliberate connection between the two.
   The need for International Protection of intellectual property became evident when foreign exhibitors refused to attend the international exhibition of inventions in Vienna in 1873 as because they were afraid that their ideas and inventions would be stolen and exploited commercially in other countries. This led the European community to form an international organisation to protect the intellectual property so that the ideas and creative works can be protected. In fact Intellectual Property concept is not a new one. In the 15th century the renaissance actually paved the way for Intellectual Property system. A Venetian law of 1474 made the first systematic attempt to protect inventions by a form of patent, which granted an exclusive right to an individual for his work. The invention of movable type and the printing press by Johannes Gutenberg around 1440 contributed to the birth of the first copyright system in the world.
   Towards the end of the 19th century, inventive new ways of manufacture helped trigger large scale industrialisation accompanied by such phenomena as rapid city growth, expanding railway networks, the investment of capital and growing transoceanic trade, new ideas of industrialism, the emergence of stronger centralized governments and stronger nationalism led many countries to establish their first modern IP lows. The International IP system also started to take root at that time with two fundamental Intellectual property treaties, the Paris Convention for the protection of Industrial Property in 1883 and the Berne convention for the protection of Literary and Artistic works in 1886.
   The roots of the World Intellectual Property Organization (WIPO) go back to 1883 when Johannes Brahms was composing his third symphony, Robert Louis Stevenson was writing 'Treasure Island' and John and Emily Roebling were completing construction of New York's Brooklyn Bridge. The Paris convention for the protection of Industrial Property, the first major International treaty designed to help the people of one country obtain protection in other countries for their intellectual creations in the form of industrial property rights, known as: Inventions (patents), Trademarks, and Industrial designs. The Paris convention entered into force in 1884 with 14 member States. They set up an International Bureau to carry out administrative tasks, such as organising meetings of the member States.
   In 1886 Copyright entered the international arena with the Berne Convention for the protection of Literary and Artistic works. The aim of this convention was to help nationals of its member States obtain International protection of their right to control and receive payment for the use of their creative works such as: a) Novels, Short stories, Poems, Plays; b) Songs, Operas, Musicals, Sonatas and c) Drawings, Paintings, Sculptures, Architectural works etc.
   Like the Paris convention, Beme convention set up an International Bureau to carry out administrative tasks. In 1893 these two small Bureaux united to form an International Organization called the United International Bureau for the protection of Intellectual Property (Best known for its French acronym BIRPI). Based in Berne, Switzerland with a staff of seven, this small Organization was the Predecessor of the World Intellectual Property Organization (WIPO) of to day, a dynamic entity with 179 member states, the staff that now numbers some 859 from 86 countries around the world.
   As the importance of intellectual property grew, the structure and form of the organisation changed as well. In 1960, BIRPI moved from Berne to Geneva to be closer to the United Nations and other International Organisations in the city. A decade later, following the entry into force of the convention establishing the World Intellectual Property Organization, BIRPI became WIPO, undergoing structural and administrative reforms and acquiring a secretariat answerable to the member States. In 1974 WIPO became, a specialized agency of the United Nations system of organisations, with a mandate to administer intellectual property matters recognized by the member States of the United Nations. In 1978, the WIPO Secretariat moved into the Headquarters Building that has now become a Geneva landmark, with spectacular views of the surrounding Swiss and French countryside. In 1898, BIRPI administered only four international treaties. Today its successor, WIFO administers 23 treaties and carries out a rich and varied program of work, through its member States and Secretariat. WIPO expanded its role and further demonstrated the importance of Intellectual property rights (IPR) in the management of Globalized trade in 1996 by entering into a co-operational agreement with the World Trade Organization (WTO). To encourage useful inventive activities Particularly in developing countries and to enhance the image of inventors by increasing public recognition for their works WIPO awards were established to honor inventors who have made significant contributions of technology useful for their countries as well as the world. WIPO awards are also offered at technology fairs and exhibitions, often in several categories such as best invention, best young inventor and best woman inventor. Since 1979, more than 600 inventors from 84 countries of which 53 developing countries received this prestigious award.
   Intellectual Property is the commercial application of innovation and creativity for improving and enriching our lives at both the practical and cultural levels. It is empowering because it supports and rewards creators and innovators, stimulates economic growth and promotes human resource development. Each and Every country needs a well-developed and healthy intellectual property system for economic and social well beings.
   Bangladesh has become a member of the World Intellectual Property Organization (WIPO) in1985 and joined the Paris Convention in 1991 and Berne Convention in1999. It is also a member of the Universal Copyright Convention, administered by the UNESCO since 1975. Bangladesh is also a member of the World Trade Organization (WTO) and signed the TRIPS (Trade Related Aspects of Intellectual property) Agreement in 1994. In Bangladesh Intellectual Property is governed mainly by two offices: one is the Copyright office under the Ministry of Cultural Affairs and another is the Patent Design and Trademarks office under the Ministry of Industries. Copyright office deals with the Literary and Artistic Work. On the other hand Patent Design and Trademarks office protects the Industrial Property rights.
   Very recently, on 15-05-2005, the Copyright (Amendment) act-2005 has been passed by the parliament to keep pace with the international standard. The amendment includes, among others, some definitions, enhancement of punishment, legal deposit of works etc. it also includes some ICT related matters i.e. the computer software and Information Technologies and measures for the protection of works against piracy. It can be mentioned that the computer software sector is a rapidly expanding sector in our country. According to the sources of Bangladesh Association of Software and Information Services (BASIS), at present more than 50 private ICT organisations are exporting software programs and information technologies to more than 30 developed countries including USA, Canada, Japan, Australia, some EEC countries and some countries in East Asia, South Africa and Middle East. During the last five years software export increased about 600% and in 2004-2005 fiscal year the amount of export was 11.44 million US dollar, which was only 2.2 million dollar in 2000-2001.
   To keep pace with the world Intellectual Property laws, the Bangladesh Trademark Law and Patent & Design Law will be amended and the process is now at the final stage of enactment. With the enforcement of these Intellectual Property laws we can hope that in Bangladesh the management of Intellectual Property Rights (IPR) would be further strengthened and it would contribute a lot to the development of our national economy.
   The writer is a deputy secretary of the Bangladesh Parliament Secretariat