Information

2012-01-23 (4/22)

OH YES! THE LOVER MOON

Creating EU might be closest us Europeans ever got to landing on the Moon. Getting to the Moon was probably one of the most courageous and poetic actions ever undertaken by the man. A voyage into the heart of love. Ambition to do impossible, poetry of stepping into the future of this planet. The creative passion to do impossible… Erasing borders is just like it. Tearing down the group mentality to liberate the individual.

Yet, engineering of the second stage of the Saturn rocket was probably equally complicated and boring to the laymen as creating and implementing the licensing block exemptions to enable viable commercial knowledge sharing and exploitation. It takes patience, knowledge, creativity and common effort of a sweating kind and sleepless nights to get that type of results. I understand that people get lost into seeing what Europeans are undertaking by building the EU due to its sheer complexity and excruciating slowness of the process, constantly interrupted by irrelevant events of back and forth movements in that process. Of course, we must avoid building just another group instead or on top of our tribal national states. That would be just a step into the past, a kind of stroll Europe used to be so good at. We need to retain all our identities simultaneously by abandoning them individually, rather than replacing them with yet another singular one. I am confident that Europeans can do that, once we got so far. I don’t find constant complaining about EU very dignified at all.

Croatia said yes: http://m.youtube.com/watch?gl=US&hl=en&client=mv-google&rl=yes&v=A7X-I-vDV4 . I also believe that biggest Croatian contribution to the EU will be the clarity of vision and the singular devotion to building an ever closer union of courageous individuals who can move the World into a new kind of place, a crystalline lace where we needed to be already. Where boring stuff is interesting to all and where important stuff shines stronger than the material stuff. The wish to bring the world closer to the Moon. The Lover Moon who keeps watching us.

2012-01-20 (3/19)

IMMATERIAL

I’ve heard my fellow Italians discussing on the radio, I’ve seen my US friends doing it on the streets, and everyone doing it on the Internet. Our crisis is finally bearing fruit that we need: rethinking the fundamentals! This, in turn means that change is in the air, and that many practicalities of our lives might be found ripe for modification. Many of us are scared of such historic moments that seem to threaten the social stability and seem to be destroying the established values. Without the intention to slight the real pain that such changes might bring with them to many who are rightfully apprehensive of their future, I discount here the complaints of those with vested interest in the established order. Although they are sometimes easy to recognize, it nevertheless often remains difficult to demonstrate that the selfish are opposing the changes due to their narrow individual interests rather than in the assertively proclaimed interest of safeguarding the traditions and other high-minded excuses that tend to be cited in blocking the changes that are necessary. These opponents of change are often articulate and well connected, resulting in their capability of mounting significant blocks and thereby slowing down the impending changes.

Not unexpectedly, the selfish often get a lot of support from the individual’s and groups who are afraid of changes in spite of their true interests to the contrary. Their reasons of opposing the changes might include the simple and natural fear of the unknown, of regretfully underestimating their own chances due to a lack of confidence, or justifiably being afraid of not being able to perform well in the expected new environment, based on a realistic assessments of one’s own limits. These individuals and groups need to be supported and facilitated in recognizing the opportunities that might arise from the change that will depend on their support.

The problem with resistance to change we are facing this time in our very own crisis is not that, as usual, the individuals and the groups resisting the change are dug in, vocal and seductive. Rather, the environment we are dealing with now is a complex system without too much similarity to the societies of the past. Apparently, our civilization is reluctant in recognizing this change and is humbly trying to draw the lessons only from from our own limited attempts to improve our societies in the past. But, this time, our social system seems to be on the verge of a major  change. As physics of chaos are teaching us, in all complex systems, the chance of sudden change increases in proportion to the system’s complexity. Our societies are now spinning in a vortex similar to the vortices we observe in complex fluid and gas systems. Our complex society reached a point where the changes will continue to occur incessantly, will be difficult to predict and impossible to prevent. As a civilization we need to adapt to the environment in which changes are persistent, rapid and radical. I submit we should enjoy it and have fun while it lasts. No one else before us had this privilege. Yet our evolutionary baggage, cultural environments and our education systems do not prepare us adequately for such environment.

As a consequence, presently, as individuals, we have huge problems correctly perceiving the changes that are underway during the very moments of their occurrences. This incapability is at least in part due to the consequences of our media consumption that diminished this capability. Our media consumption habits are focusing us on each highlighted event, regardless of its importance, rather then on the whole processes that are what matters. In addition, it seems that we also have problems correctly perceiving the slow and lengthy processes in their entirety and in their interaction with other related and unrelated social flows. This of course can only mean that our reactions based on the wrong perceptions are more often inadequate than adequate.


 
In connection to an earlier post on this blog (Rights or Assets, http://mladenvukmir.blogsome.com/2011/12/30/rights-or-assets/) I wish here to further comment on our substandard performance in relation to management of the immaterial institutions we have created over last centuries. I wish to focus largely on those immaterial institutions that rely on their legal nature to define their existence. This particular story starts, in my personal view, sometimes in the XVIII century with the creation of the legal (immaterial) person: the corporation. Once humanity created this abstract being we’ve unleashed tremendous amount of energy and business creativity, yet we never fully grasped the multi-fold impact of its immaterial nature on the various social levels. One of the glaring examples of this myopic social understanding that characterizes our social development is the role of personal liability of the corporate officers, for example. Yes, we have built a legal maze trying to regulate the responsibility vacuum created by substituting physical by legal personality, yet the consequence was only the increase of the complexity of the legal system rather than the changes in education and actual behavior of the officers. To this day, the corporate officers often continue to behave irresponsible to the society even after four centuries have passed richly displaying the limitations of self interest. To be clear, we are supportive of the self-interest theories per se and believe that it is a healthy motivation for social development, but at the same time believe that self-interests needs to be skillfully tied into the broader social interest to be meaningful and remain a healthy force. The growth of the legal system further increased the complexity of our societies yet we accepted this growth of complexity without much effort to examine any alternatives or question it’s necessity. After a long time, this resulted with the societies that do not conform with our needs and where the legal systems are becoming more burdensome more than useful.

We continued creating immaterial institutions at an ever faster pace and I include here, for example, both intellectual property and various forms of risk assessment trading strategies such as insurance and banking derivatives. Intellectual property is now with us for a couple of centuries, it is impressive how the society at large still has significant problems in grasping its concept and its usefulness to our development. I believe that our education systems, which are not devoting sufficient time to stimulating the social introspection of our own development are partially to blame. While it is now totally clear in light of this crisis that in spite, or because of its complexities, our society have had only the most rudimentary understanding of the interactions that such abstract-based structures entailed. At the same time, we continued to behave like the Masters of the Universe and did not make requisite efforts in order to fully understand the unavoidable social implications of the relations that were developed throughout the process. It is now abundantly clear that our skills are inadequate to predict or even interpret the abstract world that we have crated. In the field of intellectual property we are only now starting to comprehend how much we do NOT know about the phenomena we have thought to have mastered. Regarding the intellectual property, it is interesting to observe that only after two centuries are our societies getting a minimum degree of intimacy with the system that is so obviously rudimentary in respect of our current needs that even on the street level those inadequacies became apparent over the last years. Without elaborating, I wish here to mention only the research of Francesca Gino of Harvard University into the unethical behavior caused by wearing counterfeits and of Prof. Von Hippel of the MIT Sloane School of Management (links to follow) into the failed premises of the patent and invention policies. Regardless of our obviously low level of understanding of the world we have created, resisting the change and abstaining from intervention might easily become more dangerous than trying to act boldly, both in studying the possibilities as in creating the new opportunities to ease us out of the current doldrums.

Nevertheless, this high degree of ineptitude that our societies seem to be displaying in managing it’s own affairs does not for me indicate at all that we will turn away from further developing and exploiting immaterial objects and values. To the contrary, I predict further significant increase of introduction of the immaterial institutions and assets based on the human knowledge based creativity. Extrapolating from the present trends, I dare to say hat we might expect exploitation of the artificial intelligence and animal based creativity too.

This can mean one and only one thing in terms of predicting the necessary policies: introducing robust education structure that will empower individuals to participate and generate the change as a durable and desirable state. We need to deal with our evolutionary resistance to change and enhance our evolutionary adaptability in the moment when our civilization needs to confront and unprecedented need for fresh approaches and creation of alternative and practicable results. Fortunately, there aer at the same time many signs that our societies are capable of generating the wealth of newly created answer to the new problems we are facing. We "only" need to do it faster, on a larger scale and with more elan on a broader base. This will mean  need for further increase of networking of the individuals and joining their creative energies. It will also mean working together in accepting each other differences in enabling creation of those results. Abandoning traditionally opposing positions based on irrelevant differences, such as for example cultural or religious, or between religious and non religious people is a necessity as the necessary changes will result only by working together. It means reshaping our educational and social systems so that ultimately it achieves and teaches an understanding that such differences do not matter on a scale of changes we are facing. The only thing that matters is the change, and it can be achieved only by everyone working jointly together in creating unexpected and ambitious results. We can do that.

 

2012-01-06 (1/5)

AWESOME:

Filed under: Blogish, Personal

Speak the truth, even if your voice shakes
 
Thnx for this photo Dan Hempey! The way to go
 
#inhttp://pic.twitter.com/c3ztENXz 
 
pic.twitter.com/c3ztENXz
 

2012-01-05 (1/4)

MEDIJACIJA, UIA IN ZAGREB

Filed under: Mediation, Globalisation

Mediation in Croatia made an incredible progress over the last decade. It was hard to imagine that Croatian mediators will build all the institutions they did. Now the UIA (Union Internationalle des Avocats) decided to hold its traditional World Mediation Forum on October 5 and 6, in Zagreb (see Seminars).

I will revert to this topic over the next months as I support the event very much. In the meantime, for the Croatian readers here is a link to the Croatian Mediation Association (HUM, www.mirenje.hr) site that features a small write up of mine: RANO RJEŠAVANJE I UPRAVLJANJE SPOROVIMA, odvjetnik Mladen Vukmir 

2012-01-04 (1/3)

AIPPI Q PROPOSAL

Dear Fabienne, dear Colleagues,

Croatian group, without taking time to discuss the question deeply, proposes to include in the scientific program the questions of possible influence of digital additive technologies, i.e. 3D-printing and similar digital reproduction technologies on the intellectual property as a whole.

As we have all surely noted, the impact that digital networked content had on copyright has been tremendous and we have recently witnessed both Francis Gurry remarking that "copyright will either adapt or perish", and Nelie Kroess noting copyright is "hated" by people. Our prediction is that the same process will result with similar results once other aspects of our material reality start getting digitized. That process already started and it is only a matter of time before the sport shoes will become printable at a desktop, and the habitable houses get printed directly from digital files. In order to further explain this line of thinking I am attaching a link to the IPKat blog that featured my recently published article on this topic: Abundance of Sources: thoughts on terminology and change in copyright law

I hope this is helpful in some form and that the Programmes Committee will be able to use this submission in some way. I also wish to take advantage of the occasion to belatedly, but heart-fully, in the name of the Croatian Group wish you all the best in 2012.

Best regards,

Mladen Vukmir (President)

AIPPI Croatian National Group


2011-12-30 (52/363)

RIGHTS OR ASSETS

Would you call your house a "right"? We usually don’t and refer to our real estate as assets. This is what essentailly bothered  Matthew J. Elsmore (Lektor, Associate Professor, Centre for International Business Law, Aarhus School of Business) at the IPKat blog were he was exploring the best ways to name his course aimed at the business people, rather than the lawyers. As I feel for years now that our societies entered into a phase where the IP issues stopped being privy to the lawyers and IP specialists and bacame a matter of vital interest for the economy and the population I have looked for my own answers to this same question. 

I decided to use Intangible (IP) Assets terminology for describing the "IP Rights" when talking to non-lawyers. Businesspeople are more responsive to the "assets" term than to the "rights" term and it catches their attention better. When the "rights" elements of IP assets are emphasized then the whole IP portfolio ends up being managed by a law department adn left into the hands of IP specialists, rather than being matter of focus by the business management as it would be fit for strategic assets, which IPRs truly are! 

2011-12-29 (52/362)

LEADERSHIP

Filed under: Blogish, Globalisation

Pete,

thanks for dropping a line. I am happy to hear so many lively remarks on the things "leadership" from you. I will pick on the most general one: if one sees from close up how poor those leadership skills sometimes are, even when they are according to the book on the surface, than it is no wander we were lead into such a mess in which our economies are now. Instead of focusing on broad interest and change management we were lead into short term shareholders and even individual interest directions. Substituting corruption for competence in so many economies also brought poor results. Defending vested interests is one of the worse things one can do in the times when generating and facilitating change should be a priority. Of course I agree that there is a lot of growth potential for coaching and leadership training.

 On the ADR side, one development I would like to mention is that I am teaching now Conflict management and Negotiations at the American College of Management and Technology in Dubrovnik, a Rochester Institute of Technology school, as an adjunct professor. I never thought it will be Prof. Vukmir, due to the ADR involvement! I am listening to a lot of music, a lot of Sixties and Seventies plus contemporary stuff, somewhat less jazz this year. I also wish you have a great 2012 and I hope to see you soon.

Best regards, Mladen

2011-12-27 (52/360)

Incredible INDIA!

Steven,

Thanks for writing, it is good to hear from you. It is very kind of John to put us in contact re India, as we would probably not get in touch on that, left on our own devices. it is great you are planning this trip with your wife and I hope you will enjoy it. Although, having traveled to four different states in India over the last three years hardly makes me an "old India hand", I should confirm that like many I stayed fascinated with the country, its complexities and its people.

The best way to enjoy might be to let it all in, good and the bad and sort out the impressions later. If one tries to do it on the spot it quickly becomes overwhelming and one might start focusing on the difficult parts. If that sounds kind of abstract, well I am afraid it is. However, in practice it works especially if one uses a blend of traveling styles, meandering the full range between the "barefoot", "tuk-tuk", taxi, limo and "luxury train", to put it figuratively. If one forgoes some if it you are going to miss something, and switching from one to the other is really both fun and a necessity. The whole country is a fantastic experience exactly because it is so kaleidoscopic and complex. Without idealizing, my experience of its people is fascinating, their manners, education, personal cleanliness, composure in the midst of the chaotic social scenes, poverty and large scale changes utterly impressive and pleasurable. The society is generally conservative but people are open in expressing their views and listening to others’. Their food, if you are not avoiding hot spices and keep minimum precautions on where do you eat will be another gateway to Indian being. After a couple of weeks one gets the entirely different idea on how much one should eat, how sated one can feel after a meal etc. It is worth trying it in full, but it was much more demanding for me than eating our in Japan, for instance. I mostly eat fully local without much "western" filtering.

I traveled mostly to the South (Maharashtra, Goa, Uttar Pradesh and Kerala), so I am afraid I don’t have any direct tips on eating out. We have found that a minimum studying of the standard guides sets you an the right course. As always and everywhere, eating food prepared by locals out of the restaurants, such as we had by the cooks that we encountered on our rented boats in the Kerala backwaters were outstanding. Indian wines are slowly getting better and some Sula bottlings are now of a reasonable quality. Many other labels were bellow our desired average quality. If you are not too demanding Kingfisher beer takes you somewhere - but not too far. Cocktails tend to be fantastic at the better bars.

From what I have heard from my friends who traveled India, the North that you are planning to visit is is of great tourist interest and is more often approachable, for example the food is not necessarily uniformly hot as it is in Kerala and Hyderabad. IT helps to take cooking lessons not only if you plan learning how to cook Indian, but also in order to understand how the tastes and spices are composed and what is being used to achieve those heady combinations of spices. For instance, many Indian dishes require "cooking the spices" separately on their own before you start preparing the dish itself.

This is just a glimpse in our experience. let me know if you have any other specific questions as I will be most happy to share more. Let’s be in touch. All the best for the holidays and a happy New Year.

Best regards, Mladen

2011-12-26 (52/359)

MY WAY

Filed under: Seas, Music, Airplanes, Jazz

I still remember where I was when I learned that Frank Sinatra died. That particular "Kennedy moment" actually happened close to Boston. We took off in a small turboprop on a flight to Nantucket when I saw the title in the newspapers the guy was reading in the row in front of us. I felt I’ve lost a lot. Not to mention Sid Vicious who was too weak to stay in the Rat Pack.

Now I am listening to Songs for Swinging Lovers on my son’s request and am marveling on the level of excellence this guy was able to produce. Free as a dove, ol’ devil moon. He knew his stuff. Alexander the Great of the last century.

2011-12-20 (51/353)

GALA MARKETLAW

GALA (Global Advertising Law Alliance) recently featured a short write-up on this blogger. I am happy that my article "Abundance of Sources" got additional exposure. Featured Member: Croatia

(http://www.gala-marketlaw.com/joomla4/index.php?option=com_content&view=article&id=445&Itemid=486)

2011-12-10 (49/343)

BLACK & WHITE

A few weeks ago I saw two concerts; one by an artist whom I have never really cared about and the other from an artist that was my pet stylish darling back in the Eighties. Really when you play them back to back Sade looks like a pale version of Tracy Chapman today. Tracy is way more cool and rich than Sade. Sade is dry and her insistence on style makes her stiff, dry and, ahem, uncool. Who would think back then that they are comparable at all, and that Tracy would pull so much ahead. A story of the tortoise and hare, in a way.

But this post is not about them two. I saw Tracy playing livea couple of times, nice in a park in Manchester, NH back in the 1989. Quite boring, I have to admit, really not up to what she distilled herself into. Better than Joan Armatrading really. 

Again, this post is not about black ladies at all. It is about all of us. Because Sade is B&W as is Lenny Krawitz is. Father w, Jewish actually and the mother b, Caribbean b and Dixie b. Huh? You see, it really does not matter what color a baby is. And the photo of a small baby Lenny in his diapers… on a blanket, pale green, does it matter at all which color the blanket was? Well, baby Lenny looking into the lenses of his father’s camera did not seem at all aware he is b or w. it was so moving to see that pretty baby starting his life with this alert stare, oblivious to the weight of the color. Moving, teary eyed moving, the baby, on his own. Starting his life. The life that brought him to tell us his story of black and white America. Shrewdly, this tour was called black and white Europe. It must be a gentle reminder that EU is not a new world. His was much better concert. But does it matter at all, or does it matter within this story?

Is Europe new world now, or will it ever be? Enter the uncool black and white Sade. Nigerian father b, English mother w. A beautiful lady, funny they are both so pretty. Is it a coincidence they are so strikingly pretty, is it a coincidence they both played Zagreb just before the liberating elections of 2011 and on the eve of signing of the Croatian EU accession agreement? A story to tell. Some songs were great. Her story was told with great care, but did not have the moving quality Lenny gave us. Is the black and white Europe beyond moving just because it is not a new world? Or is it because it now is the new world. Or does it matter at all? Way too much effort to ooze style, rendered her totally uncool, verging on a bad taste. It was bad taste. But she was still really good in her own world and her audience liked it just their way. We will live each others’ own worlds.

These two beautiful individuals showed us the future. The world where the parents can have these beautiful kids in any color, and those kids will tell the stories that we will want to listen. 






















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