Friday, September 6, 2019
The Senate of the United States Essay Example for Free
The Senate of the United States Essay The national government of the United States of America is divided into three branches: the executive, legislative and judiciary. The legislative branch is further divided into two, the House of Representatives and the Senate. Indeed, the Senate is a law-making body, but what is its role and function in the political system of the United States? How did it come into existence? This research paper aims to discuss the history of the United States Senate, as well as its role and function in the United States political system.            The history of the United States Senate began on July 16, 1787 (â€Å"Senate Created†). During this date, those who wrote the U.S. Constitution, also known as Framers, decided upon what is called the â€Å"Great Compromise,†which is also called as the â€Å"Connecticut Compromise†(â€Å"Senate Created†; â€Å"The Senate†). This compromise was responsible for the creation of a bilateral legislature; the Senate would equally represent all the states, and the House of Representatives would do the same, only â€Å"in proportion to their respective populations†(â€Å"Chronology†; â€Å"Senate Created†).            The Constitution Framers established the Senate to protect the rights of every state as well as the voice of the minority in a federal government (â€Å"Senate†). In creating the Senate, the councils of colonial governors and the state senates that were derived from them were used as a pattern. According to James Madison, the Senate had two roles (â€Å"Senate†). The first one is â€Å"to protect the people against their rulers†; the second is â€Å"to protect the people against the transient impressions into which they themselves might be led†(qtd. in â€Å"Senate†).            Before the compromise was made, the state delegates insisted that state representation must be consistent with the state size (â€Å"The Senate†). This means that it is the population of the state that would dictate how many senators would represent them. This would result in the Senate having the upper hand in the legislative branch due to their number. After the Compromise was made, the Senate and the House were given equal allotment of power (â€Å"The Senate†).            The equal allotment of power between Senate and the House was made for purposes of balance among the small and big states during the Constitutional Convention (â€Å"Senate†). To secure the jurisdiction of the particular states, the Framers determined that the â€Å"state legislatures would elect senators†(â€Å"Senate†). Consequently, the Framers gave these senators a term that lasts for six years, as opposed to House members term of only 2 years. Madison explained that there is stability in a longer term. He reasoned that there are more House members than senators in the legislative branch; it is only through the giving of longer terms for senators that would prevent the legislative branch from being â€Å"overwhelmed†(â€Å"Senate†). However, some people expressed concern over the possibility of aristocracy that comes with a longer term; as a result, it was established that the terms of the senators would â€Å"expire every two years†(â€Å"Senate†).            The Constitutional Convention also determined the number of senators per state (â€Å"The Senate†). One senator did not seem a reasonable option. This is because during the senators sickness or absence, no one would substitute for him and his state would have no representative at that time. The next problem was adding too many people in the Senate. If there are more senators, the Senate would be bigger and hold more influence than the members of the House. If the quantity of senators continues to increase, the quality of the Senate would decrease. This is because an overcrowded Senate would not fulfill its role and function well. In the end, the delegates had to decide between having two or three senators. In the end, it was decided that every state would have two senators, as indicated in the Constitution. On September 17, 1787, out of the 55 delegates of the Constitutional Convention, only 39 wrote their signatures in the Constitution (â€Å"The Senate†).            On September 30, 1788, the first senators of the United States were elected (â€Å"Senate Created†). They were Pennsylvania Senators Robert Morris and William Maclay. The victory of Maclay was relevant; this is because he was the only one who maintained a diary of the sessions at the Senate at a time when they occurred â€Å"behind closed doors†(â€Å"Senate Created†).            In 1789, March 4th marked the first assembly of the Senate at chamber in the second storey of Federal Hall in New York (â€Å"Chronology†; â€Å"Senate†). That same year, on April 6th, the Senate accomplished its first quorum, with twelve members present (â€Å"Chronology†; â€Å"Senate†). With New Hampshire Senator John Langdon as â€Å"president pro tempore,†the first task of the Senate was to convene with the members of the House to tabulate the ballots of the recent elections, in which George Washington emerged victorious in the presidential race (â€Å"Senate Created†). It was also the day when the senators elected â€Å"a doorkeeper, secretary, and chaplain†(â€Å"Chronology†). Vice President John Adams took oath on April 21st; President Washington did the same on the 30th (â€Å"Senate†).            On December 6, 1790, the U.S. Congress started to take residence in Philadelphia; they would stay in this address for a decade (â€Å"Chronology†). On November 17, 1800, the Senate moved to the north wing of the Capitol in Washington, D.C., despite the fact that it was not yet finished. Four days after, the Senate had â€Å"its first quorum in the new national capital†(â€Å"Chronology†). In the beginning of the Constitutional Convention, the Framers initially wanted to assign the authority of creating treaties and appointing judges in federal courts and ambassadors (â€Å"Senate†). In the end, however, it was decided that these tasks were to be shared by both the Senate and the president. The president is responsible for making the nomination, while it is the senators’ job to either agree or disagree. The Senate became responsible for giving consent on nominations and treaties given by the president (â€Å"Senate†). On June 24, 1795, the Senate exercised its power by approving Jay’s Treaty (â€Å"Chronology†). On December 15th that same year, they also exercised authority over the federal courts as they rejected the nomination of John Rutledge for the Supreme Court (â€Å"Chronology†). December 1795 marked the end of the long tradition of having legislative sessions in private (â€Å"Chronology†). On January 5, 1802, stenographers and note takers were granted permission by the Senate to enter the chamber floor (â€Å"Chronology†). There had been many changes that occurred in the U.S. Senate. To begin with, the number of senators had significantly increased through the centuries (â€Å"Senate†). In addition, the Senate now has committees, something that was not included by the Framers during the creation of the Senate. Initially, the committees were temporary and were created for legislation. At present, the committees have been made permanent. The 1920s ushered in an era when the Senate committees have assumed a more substantial role, this time in the field of investigation. The committees held investigations which dealt with issues in government, such the leasing of oil in the1920s, the Vietnam War in the 1960s and the Watergate Scandal of the 1970s (â€Å"Senate†). The United States Senate was initially created for state representation. The role of the Senate was preserve states’ rights and opinion, to equally distribute power in both federal and state governments. Through time, it has become more relevant. From approving nominations and treaties to taking part in crucial investigations, the Senate has assumed a bigger role in U.S. government. In the end, it is the U.S. Senate that provides balance in the U.S. political system. Works Cited Baker, Richard. â€Å"Senate Created.†United States Senate. 15 April 2008 http://www.senate.gov/artandhistory/history/minute/Senate_Created.htm. Baker, Richard. â€Å"US History Companion: Senate.†Answers.com. 15 April 2008 http://www.answers.com/topic/united-states-senate. United States Senate. â€Å"Senate Chronology.†15 April 2008 http://www.senate.gov/pagelayout/history/one_item_and_teasers/chronology.htm. United States Senate. â€Å"The Senate and the United States Constitution.†15 April 2008 http://www.senate.gov/artandhistory/history/common/briefing/Constitution_Senate.htm.
Thursday, September 5, 2019
Advertising Influences Purchasing Decisions Of Students Marketing Essay
Advertising Influences Purchasing Decisions Of Students Marketing Essay Total 2010 UK advertising expenditure amounted to 14.5 billion. Of this, more than 80 per cent was spent on display advertising in the press, broadcast, print and outdoor media. (Source: The Advertising Association) Under the current circumstances, advertising represents one of the major sectors in the economy with millions of workers worldwide. The efficiency of functioning of the economy in general, to a considerable degree, depends on that sector. Advertising accompanies competition between companies and is an essential attribute of the market economy. 1.2 Background Companies need to understand consumer behaviour in order to find the best way on how to shift demand of products in their favour. When companies are able to discover the reasons why consumers make particular purchasing decisions, they can adapt their marketing efforts to better suit the needs of the consumers. Understanding consumer behaviour may result in increased sales and improved profit performance of the organization. Classical microeconomic theories of consumer behaviour have focused on the principles of rational consumer behaviour, which suggests that consumers choice is primarily a matter of personal preferences, whereas utility theory of consumer behaviour maintains that consumer choices reflect their attempt to secure maximum usefulness from their financial resources. Citation! While classical theories still apply in contemporary western societies, the role of mass media, internet and various aspect of modern culture may have fundamentally changed many elements in the understanding of consumer behaviour. Also marketing opportunities available in the digital information age have altered the way how consumer choice is being shaped and used for profit. Advertising is perhaps the first thing that people think about when considering marketing. Companies must do more than make good products they must inform consumers about product benefits and carefully position products in consumers minds. To do this, they must skilfully use the mass-promotion tools of advertising. Advertising strategy consists of two major elements: creating advertising messages and selecting advertising media. Media planners consider many factors when making their media choices. The media habits of target consumers will affect media choice advertisers look for media that reach target consumers effectively. Target audiences are set to focus on different groups: adults, teens, pre-schoolers and other groups. It is essential to become familiar the target market, their habits, behaviours and attitude to advertising in general. It is known that student youth is less conservative in their views and decisions, comparing to others age and social groups. 1.3 Research Aims and Rationale Based on the above information, the main aim of the research is to investigate the extent to which the purchasing decisions of students in the UK are influenced by the advertisement campaigns. During the preparation of the current research paper a questionnaire was carried out among Queen Marys students, which aimed to study their attitude to advertising. Survey sample covered opinions of 20 young people between the ages of 21-24, that is students in their last years of studies. The survey had a probing character and could not represent the aggregate of the student youth population or even more general adult audience with statistical precision. However it offers a clear representation of dominating tendencies in preferences and opinions of the chosen audience, which is the main aim of mass advertising. 1.4 Outline of the Project The second chapter of this project will review the literature, and will focus on the importance of choosing an advertising media. Chapter 3 will introduce research method and procedures. Reasons for specific questions will be considered. Chapter 4 will report and analyse the results of the conducted survey. Finally a conclusion will be made in Chapter 5. It will also include recommendations for further research. Chapter 2: Literature review Advertising is an important means by which economic enterprises communicate with both their current and potential customers. It is often said that to be effective an advertisement must be read, understood, believed, remembered and acted upon (Adcock, Halborg, Ross, 2001) There are five principal ways in which a company can communicate with its markets: Media advertising (commercial television and radio, the press, posters, cinema and direct mail/internet) Public relations activities Selling Merchandising Packaging (Chisnal, 2001) These promotional activities are at the heart of effective marketing strategies. According to Adcock, Halborg, Ross, (2001) advertising strategy consists of two major elements: creating advertising messages and selecting advertising media. The major steps in media selection are: deciding on reach, frequency and impact; choosing among major media types; selecting specific media vehicles; and deciding on media timing. Media planners consider many factors when making their media choices. The media habits of target consumers will affect media choice advertisers look for media that reach target consumers effectively (Kotler, Armstrong, 1997). For example fashions are best advertised in colour magazines while daily newspapers are a first consideration in advertising real estate. Therefore different types of messages may require different media. The major media types are newspapers, television, radio, magazines, outdoor and the Internet. It is important to list advantages and limitations of these mediums, as they will prove to be guidelines in the interpretation of the observed results. For example, newspapers appeal for their timeliness and high believability. However, its audience is relatively small. On the other hand television has good mass market coverage and combines sight, sound and motion but it is quite expensive. Magazines are known for their credibility and prestige. Advantages of outdoor advertising are high repeat exposure and low cost, while lack of creativeness is its limitation (Adcock, Halborg, Ross, 2001). Advertising on the Internet is a growing market; commercials are very flexible and can be viewed anytime. Cost is another major factor in media choice. Whereas television is very expensive, for example, newspaper advertising costs much less. Setting the advertising budget is a complex task. Some critics claim that large consumer packaged-goods firms tend to spend too much on advertising. They claim that the large consumer companies use lots of image advertising without really knowing its effects. They overspend as a form of insurance against not spending enough. (Kotler, Armstrong, 1997) For a long time, television and magazines have dominated in the media mixes of advertisers with other media being neglected (Jobber, 1995). Recently, however, the costs of these media have gone up and audiences have dropped. Advertisers are now increasingly turning to alternative media, such as outdoor advertising or the Internet. The question that concerns companies remains the same: how much effect does advertising spending really has on consumer buying and branding royalty? In order to answer it media impact must be re-examined regularly. Chapter 3: Research Method and Procedure 3.1 Introduction The current research paper is concerned with determining an appropriate media type (medium) which better suits habits and preferences of the observed population. This chapter re Therefore the aim of this chapter is to review the research methods which were used in this project. It is necessary for a researcher to choose a suitable method for the problem. To get a full picture a blend of qualitative and quantative research analysis is recommended. This research will take the following procedure: define the research objectives, develop the research approach and examine the process. 3.2 Research Objectives. This research takes into consideration three main objectives. Firstly, it seeks to determine respondents attitudes to advertising in general. Secondly, it tries to identify students preferences among different types of media. The final objective of the survey is concerned with evaluating the impacts of advertisement campaigns on the purchasing decisions of students in the UK. Research sample Since the population all International Students in London is too big, the sample, that is going to be extracted from the population, are twenty Queen Mary University students doing Pre-Masters foundation Program in 2010-11. The sample technique that is going to be used is a simple random sampling or just random sampling. This method assumes that each unit has exactly the same chance to be selected and used in order to avoid any bias 3.3 Research Approach and Instruments. There are several methods of collecting data for a research. In the current paper the primary data was collected using questionnaires. This method has proved to be efficient way in getting both quantative and qualitative data. The questionnaire (Appendix 1) incorporated both main types of questions which are commonly used in surveys: open-ended questions and closed questions. Open questions are interesting because of the spontaneity and individual flavour of the replies, but frequently it is difficult to compress free answers into a limited number of computer coding. Whereas open questions gave to the research depth and range of information, findings in closed questions provided the research with statistical evidence. 3.4 Process Interviewer was recording all answers verbatim because there is always a danger of interviewer bias through inaccurate recording. In order to make the sampling random, the survey will be conducted in place and at the time when it is highly possible to chose from relatively large number of students 3.4 Specific questions Question 1 and 2 determines Question 3 is marketing question Questions 4 and 5 attempts to Questions 6 to 8 looks at In giving an answer to the question 1: What is your attitude to advertising in general? respondents had a considerable freedom in phrasing an answer, which may be lengthy and detailed, and in his or her own words. In the question 3 respondents were able to choose from a range of possible answers. The simple follow up question invited to give a more detailed explanation on the subject. Questions 4 to 8 were closed type questions, which call strictly limited responses. The respondents were offered a choice of alternative replies from which he or she was expected to select an answer corresponding to his or her personal views on a particular subject. The research used simple binary questions requiring yes or no answer. 3.5 Summary The results of this process will appear and be analysed in the next chapter. Chapter 4: Results 4.1 Introduction This project sought to examine exposure to advertising media among students and find out to what extent advertising influences their purchasing decisions. To achieve the research projects aim and rationale, a questionnaire was utilized as stated in the previous chapter. The following section will present and analyse results (see Appendix 2) of this survey. 4.2 Findings. Part 1 As shown in Figure 1, the largest proportion of respondents prefers television, whereas magazines took the second place. The results also indicate that the Internet is the third most popular media, while newspaper and outdoor advertising share the fourth place. The percentages indicate the proportion of total votes students gave to a specific media. Respondents could make multiple choices in this question. From the qualitative data, the popularity of television was not a surprise as it combines sight, sound and motion. It was described by respondents as the most effective and the best medium for advertising. Its advantage lies in broad mass market coverage. It is believed that magazines appeal to students for their credibility and prestige; long life and good secondary readership (Adcock, Halborg and Ross, 2001). Students explained that it is good for fashion, and pictures of movie stars make it attractive. Outdoor media was described as the most creative and eye catching. It is interesting to note that on the contrary (Ibid) mentioned little creativity as a negative side of this type of media. Newspapers appeal for its timeliness and high believability (Ibid). It is noted that they are popular among respondents who spend a lot of time travelling. Internet advertising is a relatively new media type. However, the number of its admirers grows. It can be partly explained by the growing popularity of online shopping. Another advantage is that it has no time limitation and can be viewed day and night. However, respondents mentioned spam as its negative point. Radio came last, probably due to its disadvantages, being that it has fleeting exposure and encourages lack of concentration. 4.2 Finding. Part 2 The figure 2 below shows responses to questions 1-2 and 4-8. The bar chart clearly shows students opinions on specific subjects. The majority of students have a positive attitude to advertising and commonly cite its informative function. In other words it creates awareness of products. It is noted that some students see the artistic value in commercials. Advertising creates awareness, so it is no wonder that majority (65%) prefer advertised products over unadvertised (question 4). However, there is a strong opinion that quality products do not need advertising. There have been quite a few commercials that state that a product of their company is better than the competitors product. The results show that the vast majority of respondents do not believe those commercials. Therefore, might be a good idea for companies not to employ such advertising strategies. Slightly more than a half of respondent believe that commercials help them to make a better purchase. It is noted that consumers are better off when exposed to some information about the product before buying it. However 45% prefer to do their own research about the product. Answers to the question 7 clearly show the power of advertising. Eighty five per cent of students wanted to try something just because they saw it in a commercial. It is noted, that respondents were curious and wanted try a product to see whether it was as good as the commercial said it was. It is important to note that 70% of respondents sometimes sing songs from commercials. This may work as an indicator for companies that adding an appealing tune to a commercial can increase sales. 4.3 Summary The results have helped to reach the objectives of this research. This chapter has attempted to compare findings with description of Adcock, Halborg and Ross, (2001). Summary will appear in the next chapter. Chapter 5: Conclusion Introduction This chapter will summarize the findings of this research project, highlight some of the interesting results, offer practical implications, cite limitations of this project and give suggestions for further research. Summary of Findings and Interesting Findings The purpose of the current study was to identify an advertising media with the largest exposure and find out the effect it has on its target audience. Results were analysed in the previous chapter. Practical implications of this research were also considered. Identifying and understanding the target audience is important for companies who use advertising tools to promote their products. The evidence about students preferences among different media types may help companies to better allocate their advertising space. Results have shown that students have positive attitude towards advertising in general because it carries an informative function, creates awareness and helps them to make a better purchase. Some interesting results were found. For example, an advertising strategy, when a company positions their products as superior to a competitors products proved ineffective as only few students trusted such commercials. Companies may also consider adding appealing songs to their commercials. Limitations of the Research The current study was limited by the size of the sample and imbalance concerning the students country of origin. Since all of the respondents within this project were international students, the findings do not necessarily reflect the habits and opinions of all students. This is important since advertising campaigns usually target the values of the western societies and different cultures may have different attitudes towards advertising. Therefore, it would be important to conduct further research in this area of media influence and involve more respondents from western culture countries. Another limitation is that the questionnaire might have been more complete if it incorporated likelihood scales. Recommendations for further studies This research has raised many questions in need of investigation. The designed questions were not perfect so some other aspects may be needed to investigate what contributes to making a purchasing decision. Some factors examined in this research influence consumers but do not necessarily mean that they will make an actual purchase. For example, further research may investigate what advertising strategies such as verbal or visual elements appeal to consumers. Endnote This project has been concerned with advertisings influence on students purchasing decisions and the research indicates that choosing the correct advertising strategy is a crucial element in an effective marketing strategy. Bibliography Kotler Philip, Armstrong Gary Kotler Philip, Armstrong Gary, Saunders John, Wong Veronica Dennis Adcock, Al Halborg, Caroline Ross Principles and practise of marketing, Fourth edition published 2001. David Jobber, Principles and practice of marketing, 1995 Peter Chisnall, Marketing research, McGraw Hill, 2001 The Advertising Association. www.adassoc.org.uk
Wednesday, September 4, 2019
Intellectual property right infringement
Intellectual property right infringement INFRINGEMENT- violation of a law or right. INTELLECTUAL PROPERTY includes patents, trademarks, copyrights and trade secrets are known as intellectual property. Intellectual property rights are the legal rights which result from intellectual activity in the industrial, scientific, literary and artistic fields. IMPORTANCE OF INTELLECTUAL PROPERTY RIGHTS- Whether IPRs are a good or bad thing, the developed world has come to an accommodation with them over a long period. 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. Intellectual property protection is the key factor for economic growth and advancement in the high technology sector. They are good for business, benefit the public at large and act as catalysts for technical progress. 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 form of protection provided to the authors of original works including literary, dramatic, 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 the United States Patent and Trademark Office (USPTO). A patent for an invention is the grant of a property right to the inventor 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 infringement- A trademark distinguishes goods and services from those manufactured or sold by others and indicate the source of the goods. A trademark protects words, names, symbols, sounds, Trademarks can be renewed forever as long as they are being 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 â€Å"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 the protection measures taken by the government? Review of literature- The Economic Effects of Intellectual Property Right Infringements 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 collected from 244 US firms was used to study the economic effects of foreign infringement of US intellectual property rights in five sectors of industry. The profit losses of US suppliers is large compared to total profits, that the losses are greater than the profits earned by suppliers who are infringing on rights, but that the losses may be less than the static benefits to infringers and consumers. Research results reveal that Research results also suggest that reducing profits lost to infringers by one percent would require significant increases in identification and enforcement costs. Goods found to infringe an intellectual property right may not be: brought into the customs territory of the Community; withdrawn from the customs territory of the Community; released for free circulation; exported; re-exported; Placed under a suspensive arrangement, in a free zone or free warehouse. CAUSES OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT Too much cost of rd 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 s value to all industrial as well as business concerns, discoveries and provide incentives for private sector investment into their development. They all should have an independent Research and development (RD) center Globalization and advancement of technology have elevated the importance of intellectual property protection for small and medium sized enterprises. The intangible nature of intellectual property create challenges for those businesses, to protect their inventions, brands, and business in foreign markets. Strong intellectual property protection is essential to the success of the biotechnology companies in this country. For these companies, the patent system serves to encourage development of new medicines and diagnostics for treatment and monitoring intractable diseases, and agricultural products to meet global needs. HOW TO OBTAIN INFORMATION w.r.t. THE INFRINGEMENT OF TRADE MARK / COPYRIGHT The best way to get information and extent about the piracy of the trade mark / copyright is companies own marketing net work. The another best alternative is engagement of detective agencies on contractual basis, which in alternative have their own 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, unknots, distribution network and retailing chain. 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 entral 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 judgements 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 REMEDIES CIVIL       CRIMINAL 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 for grant of temporary the application is filed. Criminal remedies Before the chief judicial magistrate/ chief metropolitan 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. FORUM / 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 a registered trade mark. 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 depend 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 and criminal liabilities, 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 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. 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 with in 15 days upon receipt of the request and they have to tell their decision to the applicant.If the decision is negative, a written explanation will be given to the applicant and if the decision given by the administration authorities is negative than the applicant will given a explanation in written form within 7 days. 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. 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: (a) 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 (b) to preserve supportive evidence in regard to the IPR infringement. The judicial authorities shall have the authority to require the applicant to provide any reasonably available evidence in order to satisfy themselves with a sufficient degree of certainty that the applicant is the right holder and that the applicants right is being infringed or that such infringement is imminent, and to order the applicant to provide a security or equivalent assurance sufficient to protect the defendant and to prevent abuse. Where provisional measures have been adopted inaudita altera parte, the parties affected shall be given notice, without delay after the execution of the measures at the latest. A review, including a right to be heard, shall take place upon request of the defendant with a view to deciding, within a reasonable period after the notification of the measures, whether these measures shall be modified, revoked or confirmed. The applicant may be required to supply other information necessary for the identification of the goods concerned by the authority that will execute the provisional measures. Without prejudice to paragraph 4, provisional measures taken on the basis of paragraphs 1 and 2 shall, upon request by the defendant, be revoked or otherwise cease to have effect, if proceedings leading to a decision on the merits of the case are not initiated within a reasonable period, to be determined by the judicial authority ordering the measures where a Members law so permits or, in the absence of such a determination, not to exceed 20 working days or 31 calendar days, whichever is the longer. Where the provisional measures are revoked or where they lapse due to any act or omission by the applicant, or where it is subsequently found that there has been no infringement or threat of infringement of an intellectual property right, the judicial authorities shall have the authority to order the applicant, upon request of the defendant, to provide the defendant appropriate compensation for any injury caused by these measures. To the extent that any provisional measure can be ordered as a result of administrative procedures, such procedures shall conform to principles equivalent in substance to those set forth in this Section.
Side Effects of Antidepressants Essay -- Medical Depression Psychology
Side Effects of Antidepressants Side effects have played a significant role in the development of SSRI’s. The first drug, iproniazid, was developed to fight tuberculosis in the early 1950's, and had a noticeable side effect on mood elevation. Soon it was known as a "happy drug". This drug immediately gained attention from physicians and depression researchers. At that time the only drug on the market for depression was opium, which was a highly addictive substance (Turkington 49-50). Ten years of specific drug research to identify different models of nerve transmissions and tailoring chemicals to affect these processes resulted in the development of Prozac (Turkington,61). "Eli Lilly and Co.'s (Prozac's manufacturer) official product information acknowledges that tremors alone occur in 10% of patients on Prozac. Any side effect occurring in 1% or more of patients is acknowledged as "frequent" by the pharmaceutical industry (Glenmullen). Some of these side effects that have been reported are feelings of jitteriness, sleep problems "tardive dyskinesia," and "sexual dysfunction". Other side effects from Prozac include weight gain, tiredness, increased appetite, feeling weak, sore throat, and trouble with concentration (Smith). Side effects of antidepressants fall in three different categories: sedation; dry mouth, blurry vision, constipation, urinary problems, increased heart rate, and memory problems; and dizziness on standing up, orthostatic hypotension. Those that interfere with dopamine, such as Effexor and Asendin, may produce movement disorders and endocrine system changes. Blocking serotonin may create stomach problems, insomnia, and anxiety. The newer drug... ...r, and it's been great." References Boyles, S. (2005). Mixed results on antidepressants and suicide. Web MD. News Feb, 18. Janicak, P. G.,& Davis, J.M. (2001). Principles and practice of psychopharmacotherapy (3rd ed.). New York: Lippincott, Williams, & Wilkins. Glenmullen, J. (2000). Prozac: pro and Con,WebMD Feature June,2. Mason, S. E. (2002). Prozac and crime: Who is the victim? American Journal of Orthopsychiatry,72(3)445-455. Rivas-Vazquez, R. A., & Blais, M.A. (2000). Sexual dysfunction associated with antidepressant treatment. Professional Psychology: Research and practice,31(6)641-651. Smith, M. (2003). Medication for bipolar depression. Approved WebMD Medical News December, 29. Turkington, C.A., & Kaplan, E.F. (1994). Making the prozac decision: Your guide to antidepressants. Los Angeles: Lowell House.
Tuesday, September 3, 2019
The Separation of Church and State in America Should NOT Be Absolute E
Religion is the most influential factor in human society. It is the core of our existence and has become a way of life in all cultures. The impact religion has had on the United States is overwhelming. This country was founded on the principle of Christianity. Thomas Jefferson drafted the Declaration of Independence, and James Madison articulated our countries' constitution with the belief that the Christian faith would establish and govern this great society. Merriam-Webster's online dictionary defines religion as, " any specific system of belief, worship, conduct, etc., often involving a code of ethics and a philosophy." (merriam-webster.com) This definition incorporates all individuals. All American citizens, acknowledging or not, are included in a belief system. Even atheism; belief if no God, is a form of religion. During the past thirty years or so, our country has seen a decline in the role of religion. With people casting shadows over their religion and putting their faith in separation of church and state, we have seen our country developing moral relativity. This moral relativity is dangerous ground. Most people are ignorant of their religion, not being able to give reasons for their belief. This religious illiteracy in America today has tragically developed the notion that separation of church and state should be absolute; thus creating a moral relativity which has had devastating impacts on our country. Religious literacy is something American citizens should explore and value. This literacy is the understanding of the beliefs of people; being able to justify one's religion through external evidences. Most Americans cannot do this. The major religion of the United States today is Christianity. Over 90% of the p... ...try of good citizens, we need to get away from this notion of relative morality, and turn towards the belief that this country was developed upon, that is to say the absolute right and wrongs Christianity has to offer. Only then can sustain our society, a moral society. Works Cited Ken Ham (1). "Crumbling Foundations" https://answersingenesis.org/why-does-creation-matter/crumbling-foundations/ Ken Ham (2).https://books.google.com/books?id=MxrCs0vNWkUC&pg=PA94&lpg=PA94&dq=What+we+are+seeing+in+our+society+is+an+outward+expression,+in+more+and+more+of+its+ferocity&source=bl&ots=TKjL9zwFLw&sig=cyMKbGBed4NBcpCD3Z0sbDVKY9c&hl=en&sa=X&ved=0CCAQ6AEwAGoVChMI0bDtw5HlxwIVTNgeCh0T0AiP#v=onepage&q=What%20we%20are%20seeing%20in%20our%20society%20is%20an%20outward%20expression%2C%20in%20more%20and%20more%20of%20its%20ferocity&f=false http://www.merriam-webster.com/
Monday, September 2, 2019
America’s cause Essay
But he calmly proceeded to act his part, pretending not the least bothered by the gut-wrenching ride over a swirling sea. The following day he received this message from the Navy Department: â€Å"Dear Mr. Wayne- we are pleased to record this latest addition to naval lore. To the immortal expression, ‘damn the torpedoes, full speed ahead,’ we now add your own memorable words, ‘get me out of this son of a bitch! ’†(Wayne168-169). Wayne spoke the American language well. Once, asked by a reporter about his rumored plan to run for president, Wayne said, â€Å"Bullshit. †When asked to give a definite comment, Wayne told him to use the word. The following day, this news item appeared: â€Å"When Mr. Wayne was questioned about the possibility of running for national office, he replied ‘Bâ€â€Ã¢â‚¬â€œt! †(Wayne 162). Americans responded to John Wayne in a manner different from other stars of his generation. Other actors simply shed off their screen personae after the lights went off; not so Wayne. Although little was written about his private life (marriage, romantic affairs) until after his death, his public life was an open book that maintained and reinforced the John Wayne mystique. He was a natural treasure who was loved and respected. In 1979 he was awarded the Congressional Gold Medal. In 1998, an Army RAH-66 helicopter was named â€Å"Duke†in his honor. He wore a POW bracelet to show his sympathy with the fighting men in Viet Nam. Speaking extemporaneously before a subcommittee hearing in connection with the bill for the Congressional Gold Medal, Maureen O’Hara Blair, Wayne’s co-star in The Quiet Man, spoke for Wayne: â€Å"He is, believe me, the United States of America. He is a man that has a code of beliefs that he sticks with. He believes in individual responsibility and honor. †Said Reagan of Wayne: I never saw Duke display hatred toward those who scorned him. Oh, he could use some pretty salty language, but he would not tolerate pettiness and hate. He was human all right: he drank enough whiskey to float a PT boat, though he never drank on the job. . . he was virtually always the first to arrive on the set and the last to leave. World War II helped to define what John Wayne stood for. Unable to join the Navy due to an old football injury, his age (34), and being a father of four, Wayne did his part in the war by making movies about America’s fighting men. He appeared minus his horse and six-shooter in memorable films like the Fighting Seabees, Flying Tigers, Reunion in France, They Were Expendable, and Back to Bataan. The 1949 film Sands of Iwo Jima earned Wayne his first Oscar nomination. These films did not have the nauseating gore and graphic violence of present-day war movies, but they exalted the heroism of ordinary men, and people related to them well. Wayne had made it a point not to accept any role that was un-American or tended to denigrate the United States or the American tradition. At a time when he was nearly bankrupt, Wayne bankrolled, starred in, and directed the epic The Alamo, which had been his dream project of many years. In it, playing the role of Davy Crockett, he described the defenders’ role as they waited for the approaching battle with Santa Anna: â€Å"There’s right and there’s wrong. You got to do one or the other. You do the one and you’re living. You do the other and you may be walking around, but you’re as dead as a beaver hat. †As Crockett, he voiced out the timeless yearning of the Texans for independence: â€Å"It means people can live free, talk free, go or come, buy or sell, be drunk or sober, however they choose. †John Wayne did not win on Oscar for The Alamo (except for Best Sound) although it received six nominations, but people came in droves to see the movie. Besides his classic westerns and war pictures, The Alamo is one of his lasting legacies. John Wayne is often equated with conservatism. He was the product of an age when Americans were proud of their heritage, conscious of their country’s new role as a world power and sincerely believed in the righteousness of America’s cause. He was born when Theodore Roosevelt was president, a man who believed in Manifest Destiny and was wont to â€Å"speak softly, but carry a big stick. †Wayne belonged to a generation yet untouched by pangs of national self-doubt, unstricken by remorse over purported wrongs committed by the white man against the natives, the blacks, the Vietnamese, the American youth who were being sent to die in remote battlefields. This was the turbulent 60’s, an age when young Americans were seduced by flower power, discovered new ideologies, adopted a libertarian attitude and opposed any kind of war. In a nation divided by war, John Wayne was seemingly a lonely figure as young Americans felt shame for everything America ever did in the course of her ascent to world dominance. A friend of Senators Barry Goldwater and Joe McCarthy, and former President Ronald Reagan, John Wayne was Republican to the core. Against the weakening of American resolve, John Wayne’s tenacious adherence to the American tradition of duty and honor could only be seen as naivete – sprung from the good guy–bad guy scenarios in his celluloid world. From the 40’s to the 60’s, the Left made inroads in school campuses where teach-ins became common, swaying many of the youth to the new ideology, and threatening to undermine the foundations of the country’s democratic system. Due to its potentials for propaganda, the movie industry was targeted and there were rumors that some Hollywood figures had embraced socialism. In 1944, Wayne helped found the Motion Picture Alliance for the Preservation of American Ideals, in the company of other giants like Clark Gable, Gary Cooper, Walt Disney, and Robert Taylor. He later became president of the association for two terms. He was outspoken against the communist threat. He was mistaken for an archconservative and accused of blackballing movie personalities who refused to cooperate in Congressional hearings, although he never testified, nor did he blackball anybody (Wayne 55). His being perceived as a staunch anti-communist even gave rise to rumors that the late Soviet dictator Joseph Stalin plotted to have him murdered (Soviet Dictator).
Sunday, September 1, 2019
Should College Tuition Be Based on Major
Professor Johnson EC 111H 26 October 2012 The Problem with College Tuition Every year, students wishing to attend college are faced with the steep price that comes with their prospective education. For many, the belief that it will play dividends in the long run is enough reason to pay the high price. However, college majors have a wide variance of starting median salaries, which leads to the question of whether or not tuition should be based on your field of study.Students knowing they will be making less than another student after graduating should not be required to pay the same tuition. College tuition is too high. Since the demand for an education and the supply of schools are both high, cost should be low. What we see, however, are colleges taking advantages of what people see as necessary in todays society, a college degree, and raising the prices in awareness people will pay it no matter what. Keeping the same system we have today will not fix the amount people are paying.Bas ing tuition off majors can change what universities are charging for the better. However, there is the question on what majors you raise. Many argue that the higher paying jobs should receive the increase, while others say the degrees in demand should stay the same or lower, while the other not as important majors deserve the raise. While the concept of basing tuition off majors sounds simple enough, it brings about a number of problems. The first and perhaps biggest problem is that the majors with a higher tuition receive would more funding.This leads to better professors, more resources, and an overall better education. Engineering majors, for example, have the highest average starting salary according to TIME Magazine. If their tuition was increased because of the potential monetary benefit, than the university would have the obligation to focus more on that major than a social work major, who are paid the least on average. Not only could it impact the universities allocation of funds, it could also influence people’s decisions on why they are picking a certain major.In the state of Florida, for example, they are trying to change the state’s public universities change to base tuition off of your major. Their belief is to keep the costs down of the majors that are important to the state. If the state needs more social workers or engineers, then those costs would stay low, while other â€Å"unnecessary†majors tuition is increased. Also, there is again an emphasis in the programs the state needs, meaning the funds of the college are going to the degrees high in demand.If students only focus on what the state sees as important, it could cause a lack of students in other equally important majors. Some argue it is not fair to send a drama major deep into debt and leave an engineering major well of right out of school. However, if it will stimulate the economy and add more jobs, than you can argue putting an emphasis on higher demanded degree s is necessary. Since it is our own tax dollars that they are using at these public institutions, it is in our own interest to have students who will further our economy rather than be unemployed after graduation.On the other hand, The University of Nebraska-Lincoln charges on based on starting exit salary. They charge an extra fifty dollars per credit in their business and engineering programs. They believe that since the programs are more demanding, take more resources to complete, and lead to higher salary If you look at the highest paid majors, you see it dominated by engineering and business degrees. A petroleum engineering major makes on average $98,000 out of college, while an economics degree could earn you $48,500, but $94,000 in the long run.This is attractive to many students, who desire to be making high salaries. With the high salary comes hard work, and the hard work put in is worth more. Engineers, for example, require labs and experiments that cost large amounts of m oney. Doctors have to study in hospitals and take hand on classes that also consumes university budgets. On the other hand, English majors are focused more on their books, which are individually expensive, but don’t cost universities much money.Universities should be obliged to allocate funds into the degrees that benefit them the most. They should not have to put as much money into a degree that does not make them money, as colleges are a business. There is no clear-cut choice on which way this system will work most effectively. It is obvious that both systems have their pros and cons. While one system favors government interest, the other favors university interests. Either way, people will be affective both positively and negatively. The way the state of Florida is approaching this looks stronger.If students who are going to help out the economy are rewarded by lower tuition, they will be more inclined to do so. And the degrees will start to vary, because once the need for doctors is filled, a state could now realize there is a need for economists. Also, if students are aware of what degrees business are most looking for, than there will be a better chance of them being hired straight out of the completion of there degree. College tuition needs to change, and basing it on your major is a great way to start.
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