Butterflies R Us.

Butterflies r us is a child and parent support group based in Telford, U. K. It caters to under-five years old children with special needs and also supports their parents. It meets once a week. It also offers various toys and equipments suitable for such children, so that their parents can relax while their kids play. The group also organizes trips to places that offer educational and stimulating environment to the children with special needs. Target Audience.The target audience is the parents of the under-five children with special needs, schools for children with special needs, doctors and hospitals for children with special needs, special homes for children with special needs, various social service groups and charity organizations. A Change in Strategy Butterflies r us is a small business group with strong social inclinations. Thus, the business has an inherent appeal for parents with special needs of their children and various also towards child support organizations.With this s trength there is a need to find innovative ways to reach out to a much wider target audience. With a boundary-less approach to sales and marketing, e-commerce can prove to be the catalyst in the growth of the group. By using e-commerce they can convey their business plan to a larger national/international target audience, attract more charities and donors worldwide, can also improve their care strategies by interacting with similar groups and children specialists catering to special queries of parents.E Commerce can let the company have a vast change in all its aspects apart from higher visibility and approach. Further, we can see how actually it can happen. Marketing and Sales Strategy There are several innovative means through which the company can increase its reach with the use of Ecommerce. A few of these are listed below: †¢ Making the website user-friendly and attractive. †¢ Giving more pictures of children with special need and their parents with the children merri ly playing and parents looking happy and satisfied.†¢ Creating a strong mission statement which serves as an appeal to various charity organizations and individual donors. †¢ Publishing an online news-letter covering solutions to the problems of parents. †¢ Opinions and suggestions of specialists for children with special needs. Regular articles by experts. †¢ Organizing a question and answer forum, where parents can post in their questions, enabling them child care even when they are at their work places. †¢ Offering free e-books, screen savers, games, smileys on care of children letting children feel special.

An analysis of “Night” and “Beloved” Essay

In the list of the most tackled themes for literary works, freedom and love probably top the list. The Novels â€Å"Night† and â€Å"Beloved† are some examples of the literary pieces which intertwine these two popular concepts. Basically, the books dwelled on stories of slavery and brutality which ultimately destroyed the lives of the fictional characters. In this paper, the researcher tries to examine how these books address the importance of freedom and love in terms of living a life of meaning and purpose. The Lack of Freedom Can Deny Worth Both literary pieces demonstrate that without freedom, a person can ultimately loose his sense of self, and thus stripping the individual of his love for himself and his worth as a human being. The lack of worth is often initiated by the perpetrators or those who enslave. However, through continuous exposure to maltreatment, discrimination, and intolerant violence, the enslaved may loose hope, and in the end – accept the fact that he and his life are indeed worthless and that there is no point of loving himself and his fellows. This is clearly shown in the first novel. In the beginning of the â€Å"Night†, the Jews who were brought to the Nazi camp found relief in caring for each other. They also turned to religion and their God at times when they feared for their lives. In particular, Eliezer excessively prayed seeking salvation, security, and purpose in his faith and believing that God would not let evil prevail. The Jews also tried to seek relief from supporting Zionism. To a certain sense, the captives tried to preserve their worth as a human being through loving and caring. (Wiesel) However, brutal experiences forced them to thwart their beliefs and their worth. They had to see babies that were burned in open pit furnaces. Such event is very demoralizing to people since babies are often regarded as symbols of pure and innocent lives which needed love, not brutality. Apart from that, they were also forced to watch the hanging of their fellow Jews, people whom they loved and cared for. Such experiences combined with the inhumane treatment of Nazis gradually led the Jews to believe that they were basically nothing but slaves – individuals who have no purpose in life but to serve the superior race. They were somehow, undeserving of love and life, which will only be wasted through unjustifiable and imposed death. In â€Å"Beloved†, the slaves were liberated but one can see that their liberation was probably too late in the sense that slavery already ruined their â€Å"sense of self†. Take the case of Paul D. As a slave, he was treated with utmost cruelty by the â€Å"school teacher†. When he tried to escape with Sixo, they were captured and Sixo was killed. Paul D was then subjected to humiliation when he was forced to wear an iron bit much like a horse. He also suffered from pitiless beatings and torturing of the ‘chain gang’. As a result of these inhumane treatments, Paul D often felt insecure and unconvinced of his humanness and manhood. (Morrison) In the case of Sethe, she was also treated as an inferior being that, as the school teacher notes, has â€Å"animal characteristics†. She was violated by men and even whipped almost to death, despite the fact that she was pregnant. As a result of these experiences, she felt a feeling of self-hatred for becoming a slave. Sethe also cannot find a sense of satisfaction or fulfillment in her own self. That is why she saw motherhood as the only chance for her to redeem her worth. Thus, she regarded her children, especially ‘Beloved’ as her â€Å"best thing. † By being so selfless to the point of martyrdom, it seems that Sethe did not possess any love for herself. Rather, every loving emotion is directed to her children. The Lack of Freedom Can Distort a Person’s Sense of Life and Love The two novels also showed that slavery can greatly alter a person’s view of living and loving. Basically, the lack of freedom can introduce seemingly irrational and unreasonable perspectives that are derived from sheer fright, panic and anxiety. In â€Å"Night†, the lack of freedom reduced the lives of the Jews as nothing but mere struggles for survival. Through the extensive â€Å"selection† process promoted by the Nazis, the Jews developed the idea that the fittest are truly the only ones who can live. This is demonstrated by the fact that those who were considered as ill and weak were quickly exterminated while the â€Å"strong† ones were used for labor. The idea of the â€Å"survival of the fittest† was further enforced by the scarcity of resources in the camp. There was too little food and water and this prompted the Jews to compete against themselves. What’s worse was that the competition even prompted the prisoners to lose their sense of love and respect for their fathers. As noted by one of them: Listen to me, boy. Don’t forget that you’re in a concentration camp. Here, every man has to fight for himself and not think of anyone else. Even of his father. Here, there are no fathers, no brothers, (and) no friends. Everyone lives and dies for himself alone. (Wiesel) In a sense, without freedom the lives of the Jews became â€Å"animalistic†. They lost their regard for familial relations along with the loss of their hopes to be free. Without freedom, they had no love; and without love, their lives seemed to have no meaning. Elizier further demonstrates this point through his narration of a son’s beating of his father because of a fight over food on the train to Buchenwald. (Wiesel) In â€Å"Beloved†, the most twisted result of slavery is shown through murder. In the story, the schoolteacher wanted to take Sethe and her children back into the barn where slaves were dehumanized. Instead of surrendering her children however, Sethe decided to kill them rather than forcing them into a life without freedom. Through this act, Sethe demonstrated that life without freedom is worse than death. She somehow equated death as the only way to escape slavery and achieve freedom. For her, the act of murdering her own children – cutting their throat with a handsaw – was an act of love. Paul D explained Sethe’s actions: She just flew. Collected every bit of life she had made, all the parts of her that were precious and fine and beautiful, and carried, pushed, dragged them through the veil, out, away, over there where no one could hurt them†¦Outside this place, where they would be safe. (Morrison) In conclusion, the two novels, â€Å"Night† and â€Å"Beloved† show that without freedom, individuals can lose their idea of â€Å"love† – both in terms of self-love and love for others. Continuous demoralization and dehumanization can ultimately ruin a person’s concept of love and life. Moreover, such acts can drain purpose and meaning in living. Works Cited: Morrison, Toni. Beloved. New York: Knopf, 1987. Wiesel, Elie. Night. New York: Bantam Books, 1960.

Is the nature of crime in our society accurately presented by the Essay

Is the nature of crime in our society accurately presented by the media Discuss - Essay Example This has meant that media has been unable to showcase success within the crime regimes and has not been able to showcase its true face at exposing crime and the criminals who are at large on most of the occasions (Weeks, 2011). The most interesting aspect of properly understanding the nuances related with crime and its propagation within any society of the world and especially within Australia is made when people are trying to get the hang of the criminal elements which are plaguing the people and the society in essence. What is required is a vision to set the good and the bad apart from one another so that both virtue and vice have their respective positions within the societal domains. The people who make media such a huge phenomenon are indeed the ones who have to decide what is deemed as right and what can be judged as wrong without any doubt. These include the anchors, the media persons, the talk show hosts, the reporters, the news analysts and so on. The need is to realize that this huge phenomenon must not be blown out of proportion rather the emphasis should be kept on bringing sanity within the related ranks (Thorn, 2008). It will assure that the media stays on track and the criminal element prese nt within the Australian society is checked at all times. One of the most significant reasons why crime is being propagated lies solely in the fact that the criminals are being allowed to do just that. The media is playing its negative role on most of the occasions, and this is earmarked as something that is proving to be a serious problem if seen within the related settings. How crime gets the back seat is important for the society’s different dimensions and this must be brought to the fore none other than the media alone. The element of being responsive in terms of reporting, finding out facts from just about everywhere and directly reporting with

Canadian Tire Corporation Essay Example | Topics and Well Written Essays - 750 words

Canadian Tire Corporation - Essay Example epartments include Canadian Tire Retail, PartSource Automotive Stores, Online Store, Financial Services, Mark’s Work Wearhouse, Canadian Tire Petroleum and Forzani Group Ltd. These divisions form the entire Canadian Tire Corporation. Each of these divisions performs specific and designated functions. The company’s management structure is held by CEO as the highest management authority. The CEO is the overall authority in the organization. This corporation has six directors amongst which two are independent. Under the CEO are several executive officers which includes Chief Financial Officer and Executive Vice President for Finance, Chief Operating Officer, Financial Services President for Canadian Tire Bank, Executive Vice President, Customer Experience and Automotive, Executive Vice President for Supply Chain and Technology, President of Forzani Group Ltd Sports, President of Mark’s and Executive Vice President for the Canadian Tire Corporation, President of Canadian Tire Retail, Senior Vice President for Communications and Corporate Affairs, Senior Vice President for Information Technology and Chief Information Officer. There is a Treasure who operates under Chief Financial Officer. FGL Sports have its own Chief Financial Officer, Senior Vice President and Chief Operating Officer. These are groups behind the successful existence of this Corporation. Canadian Tire Corporation is a parent company that incorporates several children companies under its custodianship. The company deals in retail services in Canada with its head office in Toronto, Ontario (http://www.theofficialboard.com, n.p). The company had revenue of $12.9 billion in 2013. Currently it is the leading retail company in the entire Canada with over fifty eight thousand. Canadian Tire Corporation has a rich history behind it since its conception. The company has been in existence for over 90-years. Canadian Tire Corporation Started back in 1923 after the sale of Hamilton Tire and Garage Ltd by

Thought Control in the US - The Media and the Peace Process Essay

Thought Control in the US - The Media and the Peace Process - Essay Example Chomsky suggests that in America, you can say anything as long as it doesn't contradict the decisions that have already been made by the state and be obedient. As the broader meaning of thought control emphasizes the value of the human benefit under democratic setup, it is unfortunate to find political vested interests of an elite group of the state is protected by manipulating political thought control and behavioral conceptions. The author who has also written a famous book â€Å" Necessary illusions† argues that the U.S.A has followed this style of thought control since long ago and is presently reflected in its state policy towards Arab-Israeli conflict. He points to the contradiction inherent in the fact that, in survey after survey, the American public supports the concept of a Palestinian state. What makes it more interesting is that U.S.A which prefers military confrontation in Israel applies the â€Å"principle of historical engineering† which has also roots in Wilson’s administration in 1920’s and is nothing but historical containment of enemy through pervasive media propaganda and through imposing vested interests. He also comes up with another theory called â€Å"Memory hole† which means that historical records are altered in defense of state policy and strongly argues that it is responsible for unilateral thought control process. Overall, he expresses anger over the manipulation of the control of thought by the U.S.A and the responsible journalists which in the true sense affects the peace process.... rical engineering" which has also roots in Wilson's administration in 1920's and is nothing but historical containment of enemy through pervasive media propaganda and through imposing vested interests. For the defense of state's policy through thought control process U.S.A relies on "Newspeak", "Media propaganda", Memory hole" and "Responsive journalism", the author discuses in a beautiful style. He draws from the political novel, 1984, by George Orwell to explain the chameleon character of words used by the government and subsequently by the press to direct the thought of control in defense of state policy. The word "peace process" is the best example of exploiting the newspeak in the context of Arab-Israel conflict. The meaning of this word varies from country to country, but the media propaganda directs the thought control in the interests of U.S.A. The author expresses shock over the response of media showing the example of Bernard Gwertzman's article in New York Times dated 2 June 1985 criticizing the Palestinian peace stand and favoring the stand of U.S.A. This has violated the original meaning of peace process and supports the emergence of newspeak. He also strengthens his theory of thought control by quoting the "responsible journalism" and strongly condemns the Gwertzman's false statement published in the New York Times stating that P.L.O has not supported the peace stand. He also comes up with another theory called "Memory hole" which means that historical records are altered in defense of state policy and strongly argues that it is responsible for unilateral thought control process. Even though there were strong Arab peace proposals as mentioned in Thomas Friedman's "Two decades of seeking peace in the Middle East" dated 17 March 1985, unfortunately

The Pluralist framework of industrial Relations in the UK has been Essay

The Pluralist framework of industrial Relations in the UK has been replaced with HR management Discuss - Essay Example Over the years, this relationship has gradually improved and become highly developed in response to conditions and terms of employment. Among scholars and practitioners of labour issues, there have been arguments regarding industrial relations (IR) and Human Resources (HR) management. The debates have been centred on whether pluralist framework of IR has been replaced with HR management or not. According to Salmon (2000), IR is a multidisciplinary field that studies the relationship of employment in both employment situations and in the unionized workforce. On the other hand, HR management refers to an organizational function that concentrates on recruitment, management, and providing direction to employees in a given organization (Armstrong, 2006). The pluralist framework is a system of managing industrial/ employee relations, which determines the employment relationship and resolves conflict through the institution of trade union recognition and the process of collective bargaining at enterprise, industry, and national level. On the other hand, HR management is a strategic and integrated approach to the management of people. HR management is about employees’ management. Recent evidence about HRM application suggests that there is a decline in the collective aspects of the employment relationship in favour of individualism.

WEEK 4 DQ 7 Assignment Example | Topics and Well Written Essays - 250 words - 1

WEEK 4 DQ 7 - Assignment Example Generally, organizational culture helps in enhancing teamwork in the organization. The type of organizational culture adopted and applied in an organization depends on the management and the amount of control that it wants to exercise in the organization (Schein, 2010). The most common types of organizational culture include the collaborative culture, the controlled culture, the competitive culture, and the creative culture. The collaborative culture encourages teamwork and cooperation of activities while the controlled one depends on punctuality and has fewer margins for error. On the other hand, the competitive culture encourages competition between the employees on a daily basis while the creative one allows independence in projects. The culture provides a sense of identity, promotes trust, fosters commitment, and gives the employees a reason to behave in a certain way (Sims, 2002). An organization’s culture is very important because the organization can use it to improve i ts overall performance. This is because the culture determines the mode of decision making in the organization as well as the extent to which the employees can communicate with the management to provide input on certain issues that may be affecting the organization. A good organizational culture can even function as an organization’s competitive

Fire Protection Hydraulics and Water Supply Essay

Fire Protection Hydraulics and Water Supply - Essay Example o different parts of a building and for local distribution to the miniature network of pipes in the building and they convey water to these respective regions in large quantities. They are more reliable when two or more primary feeder systems are extended by independent means from the supply source to the most important regions of the municipality (Brannigan & Corbett ,2008). Secondary feeders are water distribution systems that are made up of network of pipes that are quite smaller in size to the Primary feeder system. They strengthen the water distribution system and are surrounded by different sections of the primary feeder system. The Secondary feeder system helps in the full concentration of water and control the rate of fire flow that is required at a particular region in a building. It is necessary to give two water delivery directions to any spot; hence the secondary feeder system must be arranged in loops (Brannigan & Corbett ,2008). Distributors are the smallest class of the water distribution system as they consist of much smaller mains when compared to the primary and secondary feeder system. The distributor system is mainly used for specific fire hydrants and individual units of users(Brannigan & Corbett

Promotional Effectiveness of an Advertisement Essay Example for Free

Promotional Effectiveness of an Advertisement Essay This paper will examine the effectiveness of an advertisement for Giorgio Armani’s fragrance for men found in Men’s Health magazine. Focusing on the specifics of the ad, analysis will be done to depict the ins and outs of how the advertisement is conveying its message to the reader. To understand how marketers exploit their products to the consumers, the dynamics of an ad can be studied. Assessing the advertisement on a few important characteristics such as how the product is differentiated from the competitors, is there a need for redesign to obtain a more universal appeal, or are there any triggers which might evoke some negative emotions towards the product. The ad is a full page, double sided ad in the magazine. This is one of many fragrance promotions which are found throughout the magazine. To assess the characteristics of the ad, a number of questions can be asked to depict if there is room from improvement to effectively relay the marketer’s promotion. Promotional Effectiveness of an Advertisement Assessing the characteristics of an advertisement can lead to an understanding of how marketers promote their products to the consumer in effective or not so effective ways. Thumbing through Men’s Health magazine there are numerous ads. In fact, there seems to be an ad on every other page screaming out at the reader. To differentiate their product from other competitors, marketers have the task of effectively appealing to a universal customer without sacrificing the effectiveness of the target segment. In some cases there is a glaring need for a possible redesign or some other way to improve the advertisement. The strategies used by marketers to promote the Giorgio Armani’s fragrance can be assessed through a number of questions focusing on the effectiveness of the advertisement. According to Mullins and Walker Jr. (2010), identifying and having a clear understanding of the target market is essential for the planning and implementation of an effective promotional program (p. 368). By asking whether or not the ad effectively communicates the products benefits is a basic start and exactly what marketers want to relay to the reader. The target market is men who are reading through Men’s Health who come across this ad to see a young, attractive looking man in black and white photo with the fragrance bottle in the corner. On the other side a clear, bright picture of a wave crashing with a bottle of the fragrance in front of the wave. The marketers want the reader to see the benefits of being in the elite class of young, sleek looking men who wear the Armani fragrance. Marketers push a message of distinguished men wear our product. The wave gives the reader a feeling of clean, cool, and refreshing emotions and benefits from wearing the fragrance. Marketers use these pictures to convey the message of the products benefits. For marketers, differentiating from the competition is an important factor in promoting a product. In a magazine specifically for men, marketers of all big name brands take out full page ads to promote their individual product. Mullins and Walker Jr. (2010), mention that print media is much different than broadcast media because the reader selects the advertisement they want to read and take as much time as they want to read it (p. 354). With the Armani ad, there is a simple shot of a young man starring at the camera and a bottle in the corner. The back side has a flip up part to sample the fragrance. Thumbing through the rest of the magazine there are nine other, full paged fragrance ads located in the front of the magazine and most have a flip up sample on the back. All of them have a young attractive man looking at the camera in some similar variations of the Armani ad. Of course the fragrances all have their unique smell and that is a matter of taste in the consumer’s mind, but esthetically, the ad is not different at all. Improvements to better their uniqueness and elite class could be made. The market segment targeted in the ad is based on the person who is most likely to pick up a Men’s Health magazine, men. This might mean young or old but typically a young man in his twenties, thirties, forties, and maybe fifties. Marketers for Armani already have an advantage in knowing who are most likely to be the readers of Men’s Health and can narrow down their strategies to direct them towards the appropriate market segment. The ad is basically designed to have a universal appeal without sacrificing its effectiveness at the targeted segment and there really is not enough visual or literate information on the advertisement to trigger any real negative emotions towards the product, however, there could be room for improvement in some marketing strategies to improve the advertisement. The advertisement for Armani’s fragrance is clearly based around the sample of the fragrance on the back side which serves as the hook to get men craving that smell. There is not much that a marketer can do if the consumer does not enjoy the smell of the fragrance. However, to differentiate the product from the competitors’ products, a possible change in the typical shot of a man starring into the camera could improve the advertisement by creating interest in the uniqueness of the ad. The ad is in black and white which is different than the rest, but a change in the esthetics of the ad might separate Armani from the completion. An article in the Journal of American Academy of Business (2011) describes the importance of evaluating the marketing strategy. Possible improvements can be made in the advertisement for Armani by evaluating how effective there ad is with selling their product. Selecting and placing more importance on the pricing strategy might improve the effectiveness of the ad. The company could run a bundle deal with the different sized bottles. If the market segment is men, an attractive woman might get readers to stop more often. Celebrities always seem to push products well so maybe an endorsement could help. In the end, setting a clear and measurable objective can only be effective if it is evaluated right. Marketing managers for Armani face strategic decisions about how they can create a need and want for their fragrance. In the medium of print, marketers can narrow down their targeted market to exploit their product further and analyze what gets readers to select their promotional advertisement to read. Communicating the benefits, differentiating the product form competitors, identifying the market segment targeted, and analyzing the appeal of the product are ways to analyze the effectiveness of the promotion and find room for improvement if any. The Armani advertisement conveys a clear benefit through the use of their product by appealing to a targeted segment, but could use improvements in differentiating their strategies from the competition.

Managerial Finance Closing Essay Example for Free

Managerial Finance Closing Essay The company announces that it is not expanding, what do you think will happen to the price of the bonds? What will happen to the price of the bonds if the company does expand? I believe if the company announces that it is not expanding then the prices of the bonds would not change, however if the company decides to expand then the prices of the bonds would increase due to the increase in the value of the company and the return would be greater. 5. If the company opts not to expand, what are the implications for the companies future borrowing needs? What are the implications if the company does expand? If the company decides not to expand, I do not believe that the implication for the companies future borrowing needs would differ too much from if they decided to expand. However one variation is if the company decides to expand they will receive more equity as shown above by the calculations. If the company has an increase of equity, they have the opportunity for an increase of borrowing, if they needed. However, if the company opts not to expand, they can still borrow in the future, however, their equity will remain the same, which would give them less variation in regards to borrowing. 6. Because of the bond covenant, the expansion would have to be financed with equity. How would it affect your answer if the expansion were financed with cash on hand instead of new equity? From my perspective, I do not see an issue with the expansion being financed with equity rather than â€Å"cash on hand†. I believe it would be an easier wait to keep track of the finances. I thought the primary reason some companies use equity to finance new projects is because they do not have the â€Å"cash on hand† to begin with, and although they have equity, it would be far too much trouble to convert it over to cash. So, they would rather use equity to finance.

Importance of intellectual property rights

Importance of intellectual property rights IMPORTANCE OF INTELLECTUAL PROPERTY RIGHTS- Intellectual property rights are accepted all over the world due to some important reasons. They were essentially recognized for the acceptations of these rights are:- Provides incentive to the individual for new creations. Providing due recognition to the creators and inventors. Ensuring the material reward for intellectual property. Ensuring the availability of the original products. For economic growth and advancement in technology sector protection of Intellectual property protection is important. They are benefited for the growth of the business in the field of technology. INTELLECTUAL PROPERTY LAW INTRODUCTION INTELLECTUAL PROPERTY LAW Comprises of the following Laws:- The Laws relating to Trade Marks / Brands (Trade Marks Act, 1999), Property Marks The Laws relating to Copyright (Copyright Act, 1957) Artistic Work, Literary Work, Audio Video Records and Software The Laws relating to Industrial Designs (Designs Act, 2000) The Laws relating to Patents (The Patent Act, 1970) The Laws relating to Geographical Indications. The geographical Indications of (Registration and Protection) Act, 1999 The Laws relating to Internet (Information Technology Act, 2000) INTELLECTUAL PROPERTY RIGHT INFRINGEMENT-An intellectual property infringement is the infringement or violation of an intellectual property right. Copyright infringement- Copyright-It is a type of protection which is given to the authors of original works including literary, dramatic, and musical and certain other intellectual works, which may be published and unpublished. Copyright infringement (or copyright violation) is the use of material unauthorised that is covered by copyright law, that violates one of the copyright owners exclusive rights, such as the right to perform the copyrighted work. It is also known as copyright violation. Patent infringement- Patent-It is issued by United States Patent and Trademark Office. A patent is the right to the inventor for an invention. Patent infringement prohibition act with respect to a patented invention without permission from the patent holder. By means of the licence permission may be granted. It is also known as patent violation. Trademark A trademark gives separate identity to the goods and services to make them distinguish from the others. It protects words, names, symbols, sounds. Trademarks can be renewed for forever or as long as they are going to be used. There is no need for registration of a trademark in the U.S. Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees. Infringement may occur when one party, the infringer, uses a trademark which is identical to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence legal proceedings against a party which infringes its registration. It is also known as trademark violation. Objectives- To know the reasons infringement of the intellectual property rights. To know why to care about IPR? What the protection measures and provisional measures? Case related to Intellectual Property Right Infringement. Review of literature- Economic Effect of Intellectual Property Right Infringement There is a great effect of Intellectual Property Right Infringement .U.S companies suffer losses in recent years because their Intellectual Property Rights (trademarks, copyrights and patents) are not properly protected abroad. International Trade Commission data is collected from 244 US firms and the data is used to study economic effect of foreign infringement of US intellectual property rights in five sectors of industry. The profit and losses of US suppliers is much as compared to total profits, this implies that the losses are greater than the profits earned by suppliers who are infringing on rights, but that the losses may be least than the benefits to infringers and consumers. From Research it is pointed out that research results suggest that Lessing profits lost to infringers by one percent would require significant increases in identification and enforcement costs. RESEARCH METHODOLGY- TYPES OF DATA USED-Secondary data SOURCES OF SECONDARY DATA- Data is collected from the journals, Newspapers, Internet CAUSES OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT Too much cost of Research and development. Globalisation Litigation delays in implementing ip rights and award of damages Software piracy WHY CARE ABOUT IPR- Patents are benefit to the owner of the IP and it add importance to industrial as well as business concerns , discoveries and provide incentives for private sector investment into their development. They all should have separate Research and development center. Globalization and advancement of technology has played an important role in intellectual property protection for small and medium sized enterprises. The intangible nature of intellectual property creates challenges for those businesses, to protect their inventions, brands, and business in foreign markets. Intellectual property protection is necessary to the success of biotechnology companies. For these companies, the patent system serves to encourage them for the development of new medicines and diagnostics for treatment and monitoring diseases, and agricultural products. HOW TO OBTAIN INFORMATION ABOUT INFRINGEMENT OF TRADE MARK / COPYRIGHT The best way to get information about the piracy of trade mark / copyright is companies marketing strategies. The best alternative is engagement of detective agencies on contractual basis, which have their own other network. By surveys in major metropolitan cities of India, the information can be obtained about the infringement / piracy of goods and these surveys will lead to and result in the identification of manufacturing, go downs, distribution network. JUDICIAL SYSTEM IN INDIA The Indian judicial system is independent from executive / government and it is creation of Constitution of India. It is mandatory to obey the orders of the Courts in India by Central State Governments and any non-compliance of the order of the courts are taken as very serious and that may result in the fine and / or imprisonment. In India High Court and Supreme Court judgments has the force of the law. Even in the world the Indian Judicial System is one of the best legal systems which have codified laws and established procedures. REMEDIES AVAILABLE UNDER INDIAN LAWS CIVIL REMEDIES Injunction/ stay against the use of trade Damages can be claimed Accounts and handing over of profits For custody there is appointment of local commissioner/infringing material sealing. Under order 39 rule 1 2 of the CPC the application is filed. CRIMINAL REMEDIES Before the chief judicial magistrate the complaint is filed. Evidence of the infringement of the IPR. Under sec. 93/94 the application is filed. Search of infringing material is done by Police as per orders and directions given by the court. Lodging of fir and search under section. 156 of the criminal procedure code, 1973. JURISDICTION FOR FILING CIVIL / CRIMINAL LITIGATION Civil Cases- The jurisdiction for filing in a civil suit will include given facts and fulfillment of given conditions:- From where the cause of action has occrued? Where the violations of IPRs are taking place? Where the defendants work for gain? Trade Marks Act, 1999, it provides an exception, to registered trade mark and the registered Trade Mark owner can file a case with in court, from where the holder is carrying its business. The jurisdiction for filing a case depends on the activities of the defendants. There is no need to file a suit in different courts separately. PROTECTION AGAINST INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT The infringement of intellectual property rights (IPRs) are by administrative procedures and legal proceedings. In civil liabilities, the infringer may ordered to stop the violated activities, eradicate the damage done, make public apologies and compensate for all the damages. In administrative measures, they include warnings in order to stop the violating activities, fines, and compensation for damages made. The interested parties go for mediation, when there is IPR infringement dispute arises. If mediation failed, or interested parties refused to abide by the outcome of mediation, legal proceedings may be instituted with peoples court. The interested parties may also request the relevant administrative authorities for actions. LEGAL PROCEEDINGS When an IPR infringement dispute arises, the infringed party may institute legal proceedings directly with the peoples court at the place where infringing activity takes place If an interested party finds that due to emergency or by any delay in stop the infringing activities may cause damages to his/her rights, he may, before instituting legal proceedings, request the peoples court to freeze the assets of the infringer. The peoples court will see to it that the infringer, if the infringer is convicted, he will be made to bear civil liabilities for the infringing act. The infringer will be prosecuted for his criminal liabilities where the case is so serious to constitute a crime. ADMINISTRATIVE PROCEDURES (a) Information and Proof to be Submitted When infringement of IPR dispute rises, the interested may request the administrative authorities and above at the place of the infringers domicile In order to make the request to the administration authorities, the interested party should have to submit a written proof of his right and evidence of the infringing act. (b) Processing by Administrative Authorities It is the duty of the administrative authorities to handle the dispute and they have to make decision whether the complaint will be processed within 15 days upon receipt of the request and they have to tell their decision to applicant. If the decision is negative, a written will be given to the applicant and if the decision given by the administration authorities is negative than the applicant will given an explanation in written form within 7 days. (c) Calculation of Compensation On the request of the applicant, the competent administrative may order the infringer to pay for damages? For infringing of copyright, the compensation amount is calculated according to the direct damages caused by the infringement and reasonable fees incurred by the copyright holder in investigating and stopping the infringing act. For infringing of trademark, the compensation amount is calculated on the basis of profits gained by the infringer through the infringement during the infringement period or the damages suffered by the infringed party during the infringement period. For infringing of patent, the amount of compensation is calculated according to the damages suffered by the patentee or the profit which is gained by the infringer through the infringement. Where it is difficult to determine the damages suffered by the patentee. It is also difficult to calculate that how much profit is earned by the infringer, royalty amount of patent may used as per calculation. (d) Dissatisfaction with Administrative Punishment Decisions Instituting administrative proceedings If the interested party is not satisfied with the punishment made by the administrative authorities than within 3 months from the receipt of the notification of decision, and apply to the local government or administrative securities at higher level for reconsideration of the decision. Instituting administrative reconsideration Within 10 days, the authorities should have to decide whether to handle the case or not. If the interested party is satisfied than within 2 months for reconsideration, a decision should be made on that basis. If the interested party is not satisfied with the decision on reconsideration than within the 15 days after the receivable of the notification of the decision, institute administrative proceedings with the peoples court. EFECTIVENESS OF LEGAL ACTION AGAINST INFRINGEMENT PIRACY It is practically very difficult to completely prevent piracy / infringement / violation of intellectual property rights as we know India is a very large country in geographical terms and densely populated country. There are own advantages and limitations of civil and criminal legal actions. Mostly piracy in India takes place in small scale industries, unorganized sector A separate suit has to be filed against each and every company / firm / individual in civil suits, which are filed against infringements, as the infringement by each pirate will amount a new cause of action, separate suits have to be filed against each of them. As compare to criminal remedies the civil remedies are easier. Due to publicity, campaigning the effectiveness of criminal remedies is more as compared to civil remedies. Any criminal action / prosecution is treated as a social stigma in India which leads to condemnation by the society. PROVISIONAL MEASURES The judicial authorities shall have the authority to order promptly and effectively provisional measures: to prevent an infringement of intellectual property rights from occurring, and in order to prevent the entry into the channels of commerce in their jurisdiction of goods, including imported goods immediately after customs clearance To preserve supportive evidence in regard to the IPR infringement. It is the right provided to the judicial the applicant has to give supportive evidences in order to satisfy themselves, and to order the applicant to provide a security or equivalent assurance which is sufficient to protect the defendant and to prevent abuse. The applicant needs to supply other necessary information for the identification of the goods concerned by the authority. If judicial authorities found that there has no infringement or there is no any threat of infringement of an intellectual property right, the judicial authorities has right that upon request of the defendant the applicant should have to provide compensation for any injury, damages to the defendant. REGISTRATION OF IPR IS NECESSARY OR NOT ot necessary in the case of Trade Marks Copyrights Yes, necessary in the case of Patent Industrial Design Geographical Indication REGISTRATION OF IPR CAN BE CANCELLED OR REVOKED? Yes If Fraud If there is Misrepresentation Against the rights of opponent If it is registered by the registrar by error. Registration is prohibit under some law Registration against public policy CASES- PIRACY RACKET UTV software and communications, producers of the film `Whats Your Raashee? has demanded a compensation of Rs 50 crore each from Adlabs Films Limited and UFO movies for piracy and infringement of copyright. It was movie of Ashutosh Gowariker and its masterprint was stolen from Adlabs .UTV send notice to Adlabs as the masterprint of the movie copied by illegal means. And it was sold to persons who done business of piracy. It caused a large damage. Stolen of masterprint was not an easy task, this was possible only by the help of some highly-placed persons which may be the employee of Adlabs. Only a highly authority person can get the prints and can made copies. UFO movies employee Rajesh Chowdhry was arrested in the piracy of the movie `Aage Se Right. This shows that the security system is not good and it does not provide any solid protection. The social service branch arrested two more employees of two private companies their names were Neerav Shah, he was the manager of Reliance big pictures and other one name was Nagda Kalapi , he was the head of overseas distribution of Shemaroo pictures. They both get a benefit of Rs 35,000 to 50,000 per film as per the inquiry done by police. IPR INFRINGEMENT REMEDIES IN USA The Brand owners which are settled outside USA faces IPR infringement within the United States. Most of the Europe brand owner mistook that the remedy to IPR infringement is only civil and criminal remedies are seldom used. Which is not so. US use many a remedies to deal with IPR infringement cases. Victim brand owners faces criminal remedy many a times in United States and this is true that many states deals much better with IPR violation remedy as compare to federal agencies. State prosecution requires much less investigations resources and results come faster as compare to other remedy used. To defend for your brand in US one need to register ones trademark with States Patent and Trademark Office, along with this it needs registration internationally and with USPTO too. Once an infringer is suspected it is given with a cease and desist notice which is another useful criteria. In this notice description should be there duly that verifies that the product was really infringed. As evidence the product that is purchased by the infringer should be produced. There are two main ways of prosecution in US. federal prosecution state prosecution Penalty is sometime higher in federal prosecution and sometime the same for both the prosecutions. During the investigation time it is the practice of infringer that he continues to flood the market with counterfeit merchandise .It costs as loss to the brand. So the prosecution should take less investigation time for the sake of brand owner and most of the time state prosecution takes much less time as compare to federal prosecution. Conclusion The Intellectual Property Rights (IPR) has social, economic, technological and political impacts. Rapid technology, globalisation and fierce competitions leading to protect the innovations from violations by the help of IPR such as patents, trademarks, service marks, industrial design registration, copy rights and trade secrets. But still there is infringement of Intellectual Property Rights. The Government is also taking measures to prevent them. There are laws regarding the prevention of Intellectual Property Rights Infringement. BIBLIOGRAPHY P Dalmia from IP IT Laws DivisionVaish Associates Advocates http://iprinvestigators.com/opinion1.html http://www.osec.doc.gov/ogc/occic/ipr.htm http://www.legalserviceindia.com/articles/ip.htm http://www.hktdc.com/info/mi/a/bgcn/en/1X002MHP/1/Guide-to-Doing-Business-in-China/8-3-Protection-Against-Intellectual-Property-Rights-Infringement.htm http://timesofindia.indiatimes.com/news/city/mumbai/Piracy-racket-Producers-seek-Rs-100-cr-in-damages/articleshow/5048906.cms http://www.xing.com/net/markenrecht/general-343444/ipr-infringement-remedies-in-the-usa-18851544/18851544/

Essay --

1. Introduction As the world gets more global Companies do their best to raise their profits and survive in the competition. Companies may have to grow to survive, and one of the best ways to grow is by merging with another company. However, some merges may disbalance the development of market and disrupt the balance of current market structure. Perfect example is the Daimler and Chrysler merger it is such poweful global corporation that has its activities all around the world. It can use its strong position to influence the decisions of a government. If a government disagrees with the proposals, the corporation can easily move its bussines to another country this will lead to higher unemployment in the country so the government can not allow this and is forced to make a trade-off. Nowdays some corporations have bigger powers than some governments and therefore it is harder to resist the influence of the corporations. Mergers also lead to a decrease in competition in a market, this means higher pr ices and less choises for consumers. The European Union is trying to prevent that companies become too powerfull and that is why firms who seek to raise their profits through merger, must attain European commissions (EC) approval. In this paper I will focus on the Volvo/Scania merger case. Firstly I will explain what is merger, the benefits of firms to conduct merger and the effect of merger to market. Secondly I will briefly describe the two companies which are involved in the Volvo/Scania merger. Finally, I will explain why did the EC blocked this merger. 2. What is merger Merger is a process when at least two companies combine to form one single company. In general, there are three types of mergers, Horizontal Mergers, if both f... ...cks, buses and engines businesses. After selling its car division Volvo had nearly no market share, to become larger again Volvo decided to buy shares of his largest competitor Scania. (Case No COMP/M.1672 –Volvo/Scania) The merge between these two companies would cause a large decrease in competition on the Swedish market for trucks. Volvo wanted to grow to achieve the economies of scale to compete in the global markets, but Volvo was prevented from doing so because the merger would give them too large market share in Nordic market. 6. Conclusion The EC has blocked the proposed merger of Volvo and Scania because of the competition concerns. The main reason was that these two companies, which both make trucks and buses were the two largest competitors in most of their European markets, it would create significant barriers to entry the market by other companies.

Hagars Redemption in The Stone Angel Essay example -- Character Analys

In a series of illustrations, The Stone Angel is a story of a 90 year old woman, Hagar Shipley, struggling with life. Hagar Shipley is the most cynical old woman in human history, always torturing those around her. This woman is always pessimistic and looks on the bad sides of things and later realizes how being so gloomy-eyed she has withered into nothingness. By treating everyone so badly she has never made any friends and family does not want to be with her except for her sons Marvin and John who are biologically programmed to love her. In this passage from The Stone Angel, the theme of pride and the author’s symbolism help to develop the characters. The theme of pride leads to the corruption in the character of Hagar Shipley. Hagar Shipley illustrates her pride as a coping mechanism when she is faced with her journey to death. When Hagar's son John passes, she is faced with the fear of dying herself because she has lost almost everybody around her so to maintain being a strong woman she keeps her pride. Hagar had struggled with maintaining her pride but still said "I straighten...