The Refresh Orlando Heirs

If you are considering outsourcing to India, but need some information on the legal issues in offshore outsourcing or are worried about whether your contract will be honored by the Indian Legal System, read on.

Indian Laws on Intellectual Property

Laws in India are always undergoing amendments, according to the needs of the changing times and in unison with International Laws and practices.

India has ratified the World Trade Organization (WTO) Agreement, which came into force on January 1 st 1995 and has also become a party to the Agreement on Trade Related Intellectual Property Rights. In the last few years, India has effected several legislative changes in copyrights, trademarks, designs, patents, and other issues besides enacting new legislations on bio-diversity and geographical indications. These measures have drastically reformed Indian laws on Intellectual Property.

Laws Governing International Contracts

When contracts transcend national boundaries, the national Legal Regime of any single country becomes inadequate to grapple with the situation. When the parties to the contract are located in different countries, at least two systems of law impinge upon the transaction and the rules of Private International Law come into play.

The best way to ensure the application of a particular legal system to international contracts is to choose a particular law to govern this contract. This law is called the “Proper Law of the Contract”. The Courts have held that “Proper Law is the law which the parties have expressly or impliedly chosen, or which is imputed to them by reason of its closest and most real connection”.

Indian courts uphold choice of law

When the parties in the Contract make an express choice of law, the Indian Courts have always recognized such choice of proper law. Previously in the US , though Courts generally honored the law chosen by the parties, the same was limited due to the holding that there should be some “reasonable relationship” between the transaction and the chosen law. This created some uncertainty. This legal quandary was fully removed by the New York General Obligations Law, which became effective on July 19 th 1984. According to Section 5-1401 of the said Law, parties are given freedom to select New York as their proper Law regardless of any relation to New York . However, where parties have chosen any law other than Indian Law, the choices of law have always been upheld by the Indian Courts.

Outsourcing parties are free to choose the law that will govern their contracts.

Under Indian Law, parties are free to stipulate their terms of contract and lay down the law by which the Contract is to be governed. Courts in India have held that the intention of parties would decide the law of which country would govern the Contract and which Court would have jurisdiction. Sections 13, 15 and 44A of the Indian Civil Procedure Code and Section 41 of the Indian Evidence Act, govern the conclusiveness and enforcement of foreign judgments in India . If there is a reciprocal arrangement between India and the foreign country whose judgment is sought to be enforced, then under section 44A of the Indian Civil Procedure code, the said foreign Decree could be executed as if it were a Decree passed by the Indian court without the need to file a Suit. If there is no reciprocal arrangement between the foreign country concerned and India , then the said Judgment/ Decree can be enforced in India by filing a Suit on the foreign judgment.

Guidelines to follow while entering International Contracts
Companies enter into International Contracts, as they are always profitable. The following aspects should be considered while entering into International Contracts, which would safeguard the interests of all the parties to the Contract:

• There should be an express choice of Law governing the Contracts.

• Ensure that the legal regime of the Country whose law is chosen, recognizes the proper law for enforcement.

• In cases where Contracts are signed in a country which is different from the country whose law is chosen, it should be ensured that the formal requirements of that place of Contract are fulfilled in all respects.

• Where the chosen Law is Indian Law and if Indian Judgment is to be enforced on any foreign soil, ensure that the said foreign soil has a similar law on the lines of Section 44A of the Indian Civil Procedure Code.

• Where Arbitration is chosen as the method of dispute resolution, the place of arbitration and other aspects have to be properly determined.

For more reading on Outsourcing, log on to http://www.outsource2india.com

Identity theft commonly begins with the loss or theft of a wallet or purse. But there are many or high-tech and low-tech ways criminals can get their hands on your personal and financial information in order to commit identity theft.

When someone uses your name or personal information, such as your credit card number, driver’s license number, Social Security number, telephone number, or other account numbers, without your permission, you become a victim of identity theft.

Thieves steal your personal information and use it to open credit accounts, bank accounts, telephone service accounts, and make major purchases in your name. These criminals use your sensitive information to take over existing accounts, or open new accounts. Their criminal activities can result in damage to your credit rating and denials to credit and job offers.

Protecting Your Identity While there are no guarantees that your identity will never be stolen or compromised, there are several steps you can take to minimize the risks. Here are a few of them:

• Before you discard your personal information that you no longer need, such as credit card receipts, billing statements, and pre-approved credit card offers, shred them using, at best, a diagonal-cut shredder.

• Create unique passwords and personal identification numbers (PINS) and avoid using easily available information such as mother’s maiden name, date of birth, or last four digits of your Social Security number.

• Do not give your Social Security number to people or companies that you do not know.

• Guard your mail from theft. Promptly remove your incoming mail from your mailbox and place outgoing mail in locked collection boxes at your local Post Office.

• As an extra measure of security, install a lock on your mailbox, even if mail theft is not an identified problem in your neighborhood.

• Before disclosing personal information, even to people you know where you shop or do business, insist on knowing the reason(s) your personal information is required and how it will be used.

Low-Tech Rip-offs: Thieves can do much damage with what they remove from your mailbox.

Criminals are increasingly creative in the methods they use to get their hands or eyes on your personal information, and ultimately, your money. Here are some of the low-tech techniques they employ:

• Dumpster Diving, one of the easiest ways for them to appropriate your personal information.

• Mail Theft from unsecured residential mailboxes. According to statistics, mail theft most often takes place at unprotected and easily accessible mailboxes in public places.

• Shoulder surfing takes place when a thief watches or listens literally over your shoulder as you enter your PIN into an ATM machine. They may even follow you home or your place of work to gather additional information about you.

High-Tech Techniques: Data transferred across the Internet can be intercepted during its journey.

• Phishing and Pharming: While phishing is a scam in which consumers are tricked into entering their personal information via a bogus email and website form, pharming occurs where hackers steal personal information from numerous people simultaneously through something known as “domain spoofing”. They take over a DNS server and redirect user information to a new website that they use to gather, collect, “pharm” illegal information.

• Skimming: Thieves quickly and temporarily steal a credit card and run it through a skimmer, a credit card reader that has been reprogrammed to steal information off the card.

Fight Back: Reduce the Risks

Make education about the scams, schemes, and frauds criminal use to steal your identity your priority in view of the rising occurrence of this multi-million-dollar-problem. With education comes prevention. Here are some prevention tips to help reduce the risks:

• Safeguard your personal information. Never take simple things for granted.

• Carry with your only the information you need. Always keep your personal information and documents in a safe and secured place of your choosing.

• Order and review a copy of your credit report at least once a year.

• Shred documents containing your sensitive information before discarding them.

For extensive information about ways to protect your identity, visit “Protecting Your Identity” at http://www.ProtectingYourIdentity.blogspot.com/.

Known as The Master Blog Builder, Etienne A. Gibbs, MSW, helps small business owners and non-profit organizations improve their customer relationship marketing. Often he comes across cases that are red flags calling identity thieves to come in. Hence, he started the “Protecting Your Identity” blog. Contact him at www.MasterBlogBuilder.com/ for more information.

I don’t claim to be a “techie,” but I thought I would say a few words about upgrading software programs. If you use software, such as Microsoft Office, on a regular basis, how often should you upgrade to a newer version? That depends on several factors, such as support (is your current version still supported by the software company?), features, and compatibility with other software programs on your computer.

I recently upgraded my version of Office XP to Office 2003. However, it took me a long time to make the decision to upgrade. The XP version had all of the features I thought I needed. The programs - Word, Excel, Outlook, and PowerPoint, all seemed to be working fine, and XP was still supported by Microsoft. Well, being a business person in an administrative profession, I need to constantly update my software skills, and that includes working with various office software applications. As I came across online training classes for Word, Excel, etc., I started to realize that classes in XP applications were no longer being offered. That is really what cinched it for me. Since upgrading, I’ve also come to like certain features in each of the programs. I’m also learning Publisher, which came with the upgraded version, and may help me with desktop publishing projects for my clients.

The bottom line is that as long as your current software programs offer you everything you need, there is no reason to upgrade to a newer version unless you simply want to. It’s really a subjective, individual preference. That is my take on upgrading software!

© 2006 Cynthia Morse, Virtually At Your Service. All rights reserved.
Cynthia Morse CAP is a Virtual Assistant, and the owner of Virtually At Your Service, www.virtuallyatyourservice.biz. She offers top-level administrative support to small business owners and other busy professionals from her home office, allowing them the time to focus on what they love and do best. Visit her blog, ‘Virtual Biz Connection’, virtuallyatyourservice.typepad.com/virtualbizconnection. It’s full of tips, helpful articles and resources for your small business!

Last Sunday I found myself relaxing in the living room as I surfed the internet while my husband flipped channels on our seldom-watched television. After what seemed an eternity of switching from fishing shows to hunting shows, he finally settled on Antiques Roadshow on PBS . The objects took us on a journey through the past, introducing us to a wide array of pottery, woodworking, sculpture, glass blowing and other crafts. The announcer then informed us that the item they would be examining next would be the highest appraisal of any item shown on Antiques Roadshow. I’m sure you can imagine my surprise when, as they returned from a commercial break, I was greeted with the site of an elderly gentleman standing next to what appeared to be a rather innocuous blanket.

As I listened to the history of the yellow threads that were woven into the heirloom, I knew that he did indeed have a treasure on his hands; a Ute-style blanket made by a Navajo Indian with such skill that the tightly woven threads were actually water proof, rumored to have been a gift to a family member from Kit Carson . The amazing example of craftsmanship gave me pause, bringing my mind to a discussion that I have encountered in various forms across the crafting community.

There was a time when the term ‘craft’ referred to a highly skilled trade. Now, it seems to evoke memories of being small and working diligently to glue popsicle sticks together and coat them with glitter to make a picture frame for mom. When did this subtle mental perception change; how did we as a society lose our respect for the word ‘craft’?

In order to understand the change in society’s opinion, we must look to this history of arts and crafts. The term ‘arts and crafts’ comprises an entire lot of activities and hobbies that share one common denominator- the items are made by hand, with the quality of the final piece relying on the knowledge, experience and skill the crafter applies to the design. Handmade items can further be catagorized by seperating them into two groups: traditional crafts (that are created in the same way they have been for hundreds of years) and modern crafts, which tend to be variations on traditional crafts.

Traditional crafts were typically produced in very small geographic areas and were often based on necessity. For example, a young child who lived in rural America might have been apprenticed to a glassblower, a master craftsman who would teach the child the art of making glass items that were often used in the homes surrounding his shop. Over the years, the master craftsman would impart knowledge to the apprentice, who would spend years refining his techniques and eventually be ready to set up a shop of his own, earning a living off the skills he had aquired. Activities such as woodworking, glassblowing, metalsmithing, dressmaking and even the manufacture of pottery became known as ‘crafts’ because they were a profession.

In the last part of the 18th century America experienced an industrial revolution that began to alter the way everyday items were manufactured. The number of factories began to increase, leading the way to the mechanisation of the production process. Over time, this gradually reduced or even eliminated the role of the professional craftsman, relegating the term to the few who continued to practiced their age old art out of either necessity or defiance. Additionaly, items traditionally made by each family (such as soaps, clothing and toys) became the provenance of the assembly line.

The far-reaching fingers of the Industrial Revolution affected every aspect of society. It was a time that took a greater toll on the everyday life of a family than nearly any other; a toll that was immediatly recognized by those who were not making profits from the machines. As noted in Observations on the Loss of Woollen Spinning, (c) 1794 , ” But from the establishment of the Spinning Machines in many Counties where I was last Summer, no Hand Work could be had, the consequence of which is the whole maintenance of the family devolves on the father, and instead of six or seven shillings a week, which a wife and four children could add by their wheels, his weekly pay is all they have to depend upon…”

As the years continued to pass, more and more items were purchased instead of being made. As the public turned to the manufacturers for their supplies, the cost of those goods continued to rise. Eventually, women began to leave the home in search of ways to bring additional income into the household. Still the wave of ‘progress’ continued, and with the changes in society the changes in the family nucleus was affected; the commercialization of our society has gone so far as to have many families rely on fast food restaurants instead of cooking their on meals. In the majority of families,the art of crafts was only continued as a hobby by the very young or the elderly.

It is said that in history, all things must come full circle. This idiom appears to be true of the crafts industry as well. Instead of subscribing to the breakdown of the family and accepting the mass produced society in which they live, a new generation of crafters has emerged and begun a craft revolution.

Mixing the commercial aspects of crafting with a unique personal and social belief system, what was once considered the work of experts in a profession, then relgated to hobbyists or old women is becoming popular once again. Items are now being widely produced and marketed that are not only fine examples of handmade artistry, but also shining beacons of hope that express idividualism, conservation, sustainability and social responsibility.

These ‘unofficial’ revolutionaries are armed with some unusual weapons ranging from knitting needles to embroidery hoops and are amassing in a community near you. They’re found at gatherings such as Stitch ‘N Bitch and are seen on the subway reading their slightly mangled copy of Super Crafty: Saving the World From Mass Production. Their battle cry rings in even the most uninitiated soul, “Self-sufficiency is the key to happiness.”

Historians and socialists will continue to debate the origin of this wildfire trend towards the more traditional, but the true enlightenment does not lie with the origin. Where this movement will go in the future is of much greater significance . Will the crafters and designers of the new generation be able to restore the word ‘craft’ to it’s previous glory? Will the changes they are bringing about in their own small groups spread to encompass all of the communities spanning the globe? Only time will tell.

Until then, perhaps we should each choose a path to follow; a path that expresses our own individuality. For some the best path is to sit back and enjoy the journey that these crafters are embarking upon. For others, the call will be strong to pick up their scissors and join in. But everyone will know that, while the products are amazing, the true benefits will not only be the satisfaction of knowing you are working towards a noble goal, but also the knowledge that, generations from now, there will be something other than Happy Meal™ toys on Antiques Roadshow.

The term Happy Meal is owned by the McDonald’s Corporation

Tamara Dourney is a mother, owner of Natural Magic Soaps (http://www.naturalmagicsoaps.com) and Editor of Craft Revoution (http://www.craftrevolution.com), an online magazine dedicated to restoring the awareness and appreciation of crafts in today’s world by promoting them, and the talented people who create them, as high-value, desirable alternatives to the offerings of big-box stores.

Tomorrow’s MP3 digital music - will it be small with tons of storage, larger with a video screen, or non-existent and end up in a cellphone.

Changes in the market will likely split into all three markets the way as stated in the title above. Most of it really depends on the Americans and Europeans and which continent will be more aggressive in marketing. Basically Europeans tend to like their gadgets in one source. But Americans seem to have more than one gizmo on them. Music players probably will not get much smaller because they are at the limit of there usability.

Future of digital music

Flash memory players may eventually not be able to keep up with the hard drive mp3 players due to manufacturers working on potentially offering more storage where 5 to 10 gigabit players will become available on the hard drive end. Going forward, they could be all about video and image playback just like they are now all about music. This will not move forward until manufactures and software companies are convinced their copyright is secure since being such a new area in music development.

Future music around the house

More music digital video will eventually change music listening at home. Manufactures are constantly creating devices to take music from a computer and have it play hi fi digital music on your home stereo. There are a few wireless systems currently available on the market, like the wireless music centre from Phillips, the Sonos digital music system, or Microsoft’s media center extender. Apple also has it own product called airport express. All of these can stream wireless music around your home.

Daryl Plaza is the owner of Everything About MP3s - a website focused on helping people learn more about MP3 players. For tips and information on MP3 players and accessories, music downloads check out this website.

“This is Our Finest Hour?” “I Have a Dream?” No, nothing like that. This is a speech of 2 words I heard the other day.

I was in a hospital getting a chest x-ray, a prerequisite for surgery on my broken ankle. It’s been two weeks since it happened, two weeks full of pain, change, and coping. I’ve described how it happened, learned how to get around the house on crutches, visited doctors and labs, waited on x-rays, and asked neighbors to get the mail and groceries.

I’ve also been put through the pre-op battery of tests – blood tests, EKGs, chest x-rays, and discussions with my doctor, who felt the best approach was surgery.

In my EQ Alive! program, which trains and certifies EQ coaches, I’ve participated in the weekly EQ Check In along with the students. We tell each other how we feel physically, spiritually, mentally, and emotionally. We begin each teleclass that way, and listen closely to the answers. EQ competencies include emotional expression, and also Integrated Self, being in touch with all aspects of yourself. Most of all it means not engaging in the meaningless, “How are you?” “Fine.”

In a shutdown and coping mode, I thought I was being realistic about how I was feeling. I said I was in pain. I said I was physically slow and the painkillers had dulled me mentally, and that spiritually things were the same as ever. What more was there to say? I never gave it a thought.

So there I was in the hospital. I’d been sent to the wrong place and walked about ½ a mile on the crutches to find that out. I was accepted, however, thanks to the work of a nurse named Lupe with very high EQ who just pushed the order on through. And then, mercifully finally in a wheelchair, I’d been wheeled to the x-ray waiting area and left in the hall.

As I sat there, a woman on a stretcher was wheeled up. I could tell she was sick. Her hair hadn’t been washed in a while and she had a nose tube for oxygen, and a tube in her arm. Her color didn’t look good and she barely moved. She reminded me of my dad the last time I saw him in the hospital. She was accompanied by two women. The first one went over to sign papers, and the other one walked off down the hall.

A technologist walked out toward the woman on the stretcher when I heard the speech that touched me so. I think she thought he was coming to take her into the x-ray room.

“I’m afraid!” she cried out.

“God love her,” I thought. “So am I!”

I tried to get out of my chair and go to her, but the technologist beat me to her. Speaking to her in her native tongue, Spanish, he rushed to her side, took her hand and started soothing her. “Abuelita,” he called her, “little grandmother,” a term of endearment. A nurse brought out a screen to give her privacy and she quieted.

She quieted and I thought: Why is it so hard to get to “I’m afraid”?

Of course I’d been afraid the whole time, from the moment I heard the bones turn in my ankle. I started repeating, “Please don’t let it be broken, please don’t let it be broken.” There was no way to tell, and I was left with pain and fear.

Was it broken? Is this because my bones are getting old and this is just the beginning? Will this mean arthritis pain for the rest of my life? Will the insurance cover it? What on earth is my deductible? How can I ever manage this at home alone? Will it need surgery? General anesthesia? Will I survive it? Will they have to rebreak it like one neighbor says, and put in 6 screws like the other one says? What will happen?

I shut all these things down and used words like “tired” and “in pain,” but at the core, yes, I was afraid. Fear of the unknown, and fear of being helpless and dependent.

I was also afraid of the fantasized reactions of others, having come from a family of shame and blame. I think nothing will ever “happen” to me that I won’t feel like I caused it and was a ‘bad girl’ because of that. Words from an overwhelmed, shame-and-blame mother who saw everything as simply more work for her. Whatever caused the ankle to break, I should’ve known better, I shouldn’t have done it, I shouldn’t have been there, and I should never have let it happen – as if I were omniscient and omnipotent. That means all-knowing and in control of everything in the world. It was family that taught intellectual words, not feelings. Old childhood fears. In line with, “Whatever it is you fear has already happened.”

And at that particular moment in the hospital corridor, well you never know what will turn up on any chest x-ray, no matter why it’s required. Nor had the results of the EKG come in yet. What if I went in with a broken ankle and came out with a bypass? Or worse yet, out the back door on a stretcher. It’s been known to happen.

As J. Powell says in “Why Am I Afraid to Tell You Who I Am?” emotions are not moral (good or bad). Feeling frustrated, or being annoyed, or experiencing fears and anger do not make one a good or bad person [a weak or strong person.] But this is theory. In our day-to-day lives most of us blame ourselves for our feelings.” And if we judge them to be “bad,” or unacceptable to us in some way, we bury them.

So there I sat in my wheelchair, silent and alone. And there was Abuelita, expressing her fear and getting comforted. It’s an old lesson: People care. If we say we’re afraid we can be comforted. If we don’t, we can’t.

All studies show that people do best who have a strong social support network, and if you don’t say WHO you are and HOW you are, you aren’t getting the connection that sustains you. You remain alone in the presence of others, which is the loneliest you’ll ever be.

And let me close with the words of the technologist who finally did my x-ray. Dianna was her name. She read the name of my company, Emotionally Intelligent Solutions, on the chart. “What’s that,” she said, “Is that like I’m to the point where I can’t stand any of my co-workers any more and I think they’re dumb and ignorant and feel like I’m about to explode,”

Yes, EQ is about that, too!

The woman works two 16-hour days, physical and demanding (how on earth do you do that?) and has three children at home. I gave her my card. I hope she’ll call me. It may not be her co-workers that are the problem.

And that’s the power of Emotional Intelligence. If you are the problem, you are also the solution, and Emotional Intelligence is the bridge between the two.

©Susan Dunn, MA, The EQ Coach, http://www.susandunn.cc . Coaching distance learning courses, and ebooks around emotional intelligence for your continued personal and professional development. For free ezine, mailto:sdunn@susandunn.cc. I train and certify EQ coaches. Get in this field, dubbed “white hot” by the press, now, before it’s crowded, and offer your clients something of exceptional value. Start tomorrow, no residence requirement. Email for info.