HRMD 665- MANAGING VIRTUAL AND GLOBAL TEAMS Research Paper

HRMD 665-MANAGING VIRTUAL AND GLOBAL TEAMS - Research Paper Example The beginning of video conferencing has denoted a period wherein the virtual condition has been made, bringing about the merging of thoughts and perspectives of businessmen present at various focuses over the globe. The arrangement of such virtual groups has brought about upsetting key business dynamic and correspondence, extremely straightforward and successful. In this manner virtual groups are the groups that have been shaped by the HR division of the association, with a mean to accomplish the objectives of the association. (Eric 2010) For the situation of the Human Resource wing of the association, the formation of such virtual groups which has a worldwide arrive freely make it extremely powerful and this without a doubt assumes an exceptionally noteworthy job in the quick advancement of the systems and plans, which can be conveyed in practically no time. Therefore the development and making of the virtual groups has brought about the expedient trade of thoughts, efficient, incre ment in the responsibility of the colleagues and the improvement of trust. (Levi 2007) Though before the improvement of the web the virtual groups were viewed as unimaginable, today they have been considered as a strong reality. In this manner when contrasted with the other eye to eye groups present in the association, the virtual groups are very much considered by a large portion of the modern and business specialists, as the one that can increase the value of the current groups and its structures. The conventional structures found in like manner business and modern firms have been the lightweight, tiger and heavyweight groups. Consequently for any association to build up an awesome virtual group, the HR office needs to assume a significant job and require a lot of exertion for the development of an effective group. (Duarte and Snyder 2006) For the virtual group to turn out to be exceptionally fruitful, the nearness of good cooperation is an essential necessity. Consequently for th e virtual team’s achievement the fundamental fixings that has been detailed by the HR group is the making of a generally excellent culture just as framework, which confers effectively reasonable guide for the information and improvement of abilities. In this way when contrasted with the eye to eye groups, the virtual group is gathering an extremely rapid acknowledgment and application to a large portion of the enterprises and the scholarly foundations around the world. (Duarte and Snyder 2006) Most of the nations are getting innovatively progressed and this has prompted the virtual groups to turn out to be a lot more grounded and furthermore to be considered as the best methods for correspondence and dynamic system because of which it has become a standard for the associations everywhere throughout the world. The HR of the advanced associations, think that its simple and valuable to enlist the colleagues of the virtual groups, which brings about the fruitful and quick determi nation of the best and the exceptionally capable people over the globe and furthermore the maintenance of such virtual groups and the colleagues for a more drawn out timeframe. (Konradt and Hoch 2007) The HR of such associations additionally takes the most extreme consideration to grow such people over some stretch of time, with a thought of transforming them into resources for the association. Since most all the colleagues present in the virtual groups can be reached nearly simultaneously through the worldwide system, immediate communication and perspectives can be traded between them, which show the comprehensiveness of the virtual te

Fool And Lear Essays - King Lear, Operas, Lear, Goneril, Jester

Moron And Lear The Fool The Fool encourages Lear to deal with the 'wheel of fire' that he has gotten under way. Typical in regal family units, fools were traditionally observed as foul ninnies, just absurd as opposed to acting dumb. Shakespeare in this way appears to have separated himself from well known British convention for a more established perspective on the regal moron, whose object was to address minor deficiencies and flaws in his lord. This was likely a component of the play's 'pre-verifiable' agnostic setting. By disengaging the Fool from contemporary show, Shakespeare could give him a job in molding Lear's ethical movement without burdening him to ethically prescriptive qualities. The conjuring of a prior model of the 'savvy' Fool would in this way have filled his needs well indeed. In the event that Lear anticipates a contemporary imbecile, he doesn't get one: he is joined not by a ninny, however by the character whom we know as 'the Fool', purveyor of enigmas which give sensational incongruit y. This emotional incongruity features the separation between Lear's understandings and our own, while bit by bit driving Lear himself toward new experiences. At the point when the Fool drones At that point they for unexpected satisfaction wept, Also, I for distress sung, That such a lord should play bo-peep, What's more, go the dolts among. (1.4) he recommends that Lear is assuming the job of numb-skull. So too when he says to Kent, 'here's effortlessness and a codpiece that is an insightful man and an imbecile' (3.2), the Fool proposes that he and the King have traded jobs. Lear and the Fool are likewise particularly indistinguishable in that the two characters in certain regards remain outside the activity. In his job as court jokester and choric voice, the Fool is extraneous to the occasions which happen. So also, when Lear strips himself of his material merchandise, he viably hands over control of the activity to Regan and Goneril and their spouses (in spite of the fact that Albany, obviously, himself decides to be distanced from this camp). At the point when Lear calls himself 'the common dolt of fortune' (4.6), he recognizes the way that he has himself become a numb-skull who watches and remarks on the activity without having any command over it. English Essays

How To Get The Best Critical Response Essay Topics

How To Get The Best Critical Response Essay TopicsCritical response essay topics are almost always very challenging. These are difficult subjects that require attention to detail, accuracy and consistency of thought.You can think of critical response essay topics as the topic you wish to critique. You then get to choose your set of words and phrases to describe what you think. To ensure your essays are fully effective, you need to be sure that your essay is well written and that it holds its own in a discussion with all other essays submitted.You can think of these as the key elements of the essay. By making them better, you will make your critical response essay topics better. It is essential to remember that you should not focus too much on the background or context of the topic. However, rather, make sure you understand the subject and identify your point of view accurately.It may be difficult to find a subject that suits your original topic. This is where the help of a tutor can be invaluable. If you do not have the means to attend a tutor yourself, you can also turn to tutors that you find online.As they make the initial presentation, they can guide you in identifying the positive point of an idea and get you to write about it. If the feedback is favourable, the tutor can help you make the necessary changes so that you get the same success in writing.The feedback that is provided should make the entire process easier for you. What you need to do is to use this feedback to make your essay better. This will lead to a greater chance of getting the topic approved and to get approval from all the other tutors that you will be assigned to.In writing a critical response essay topics, you will need to think of the topics that you have used in the past in order to get the right thoughts flowing. It is essential to think about the previous topics you have written so that you can use the same ideas and phrases when you write your responses.The essay is the initial st ep of the academic journey. You want to make sure that you get it right. With the help of a tutor, you can get the job done easily.

Principal Quantum Number Definition

The principal quantum number is the  quantum number denoted by n and which indirectly describes the size of the electron orbital.  It is always assigned an integer value (e.g., n 1, 2, 3...), but its value may never be 0.  An orbital for which n 2 is larger, for example, than an orbital for which n 1. Energy must be absorbed in order for an electron to be excited from an orbital near the nucleus (n 1) to get to an orbital further from the nucleus (n 2). The principal quantum number is cited first in the set of four quantum numbers associated with an electron. The principal quantum number  has the greatest effect on the energy of the electron. It was first designed to distinguish between different energy levels in the Bohr model of the atom  but remains applicable to the modern atomic orbital theory. Source Andrew, A. V. (2006). 2. Schrà ¶dinger equation. Atomic spectroscopy. Introduction of theory to Hyperfine Structure. p. 274. ISBN 978-0-387-25573-6.

Minor s Rights Of Health Care - 936 Words

Minor’s Rights in Health Care Mikelle L. DiLorenzo Grand Valley State University In nursing, it is not uncommon to encounter situations where nurses must make ethical decisions based on legal and ethical principles. These situations often are seen in pediatric nursing when there are conflicting views between the parents and their child. For example, Mike is a 15-year-old boy who has been diagnosed again with acute myelocytic leukemia (AML) and is to continue another taxing round of chemotherapy. Mike confines to his nurse he would like to discontinue treatment. Meanwhile, his parents are adamant that treatment continues. The nurse must make the decision whether to terminate or continue with Mike’s chemotherapy. The situation described above is an ethical dilemma due to the conflicting principles (Burkhardt Nathaniel, 2008). If the nurse refuses to give Mike the chemotherapy, he or she is violating the legal power parents have to give informed medical consent for their children. However, if the nurse gives the chemotherapy they lose the trusting relationship between nurse and patient. The purpose of this paper is to explore the ethical principles and legal issues related to Mike’s situation of a nurse and how it affects their ethical decision on whether to continue or discontinue Mike’s chemotherapy. Ethical Principles Ethical principles in nursing are truths that are based off the belief that all individuals value the respect of others (Burkhardt Nathaniel,Show MoreRelatedThe Right Of Privacy Vs. Medical Ethics1153 Words   |  5 PagesThe Right of Privacy v. Medical Ethics Child abuse and neglect can result from physical, emotional, or sexual harm. Most often, child harm originates from the presence of an action (abuse) rather than the absence of it (neglect). Physical abuse involves a non-accidental harming of a child, verbal abuse involves harming or threats of harm to a child. 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Since she is a minor, the clinic doctor who writes the prescription for her notifies her parents of the action. As of the year 2016, there are only 26 states that allow minors to obtain contraceptives without parental consent. There are 20 states that allow certain minors to obtain contraceptives without parental consent and those include minors that are marriedRead MoreWhy Do Minors Have The Right?1737 Words   |  7 Pagesbetween minors and their constitutional rights has risen again, the present battlefield; hospitals. Do minors have the right to refuse a life saving treatment such as chemotherapy, or is this a matter for parents and doctors? Minors are not competent enough to understand the consequences of refusing treatment and what that can do to their futures. The constitution established what a legal adult is; someone over the age of 18 years old. However there are no set rules for minors or whatRead MoreThe Abortion For A Minor1198 Words   |  5 Pagesconsent to an abortion for a minor. Abortion for minors is a major public health concern in the United States. There are more than 300,000 births to teens each year, increasing the risk of both the mother and the baby’s health. Abortions on minors have raised political, clinical, social, and economic awareness. In order to make effective changes to abortion for the minor one must produce empirical evidence, to evaluate policy options for persons involved in public health policy and legislation. InRead MoreAn Ethical Dilemm The Patient s Right Care1429 Words   |  6 Pages An Ethical Dilemma: The Patient’s Right to Refuse Care Theresa Ho Samuel Merritt University Introduction There are many ethical principles healthcare professionals must keep in mind for their patients: autonomy, beneficence, nonmaleficence, justice, fidelity, and veracity (Chitty Black, 2014). These principles may collide with one another and cause the fine line of ethics to be blurred. The principle of autonomy asserts that patients have the right and freedom to determine their own actionsRead MoreThe Importance of Patients Rights1287 Words   |  5 Pages Patients Rights Being a patient you have a certain right, for example if you were in an accident of some sort, you, as a patient, have a right to choose what is going to happen to you, but what would happen if you were to be brain dead, than your family members could choose what happens to you or your husband, but thats only if you havent signed a will saying what you want to happen with yourself. Some people believe that we dont need rights when we are hurt and that we shouldRead MoreParental Decision-Making Essay example1517 Words   |  7 PagesAmerica indicate that minors under the age of eighteen, unless medically emancipated, must have the medical consent of their parent or parents before any health care decision can be made (Boonstra Nash, 2000). These laws do not include health sensitive medical care like prescriptions for contraception, abortion of fetus, pregnancy care or drug addiction rehabilitation. Pediatric nurses are in a unique position that serves as the facilitator of patient c are and patient care decision-making betweenRead MoreWomen s Rights And Health Care1713 Words   |  7 Pages especially when it comes to health issues. The unavoidable, yet quite simple realities of breastfeeding, menstruation, menopause, along with pregnancy require special scrutiny from medical experts. Those medical specialties are generally referred as gynecologists or obstetrics, who focus on the exclusive needs of a female’s reproductive health throughout their lifespan. Historically, the health needs of women have been disregarded as well as their fundamental rights. However, over the past few decadesRead MoreTeenage Pregnancy Is A Controversial Concept795 Words   |  4 Pages I agree with the doctors informing the young girls’ guardians because the girl is under their care, she is a minor, and they must know what is going on. Some people though, have different opinions. Many people believe that telling the parents their teen is pregnant is the correct decision. This is because most teenagers don’t fully understand how much responsibility and time goes into providing care for a baby. She is too young to make her own decisions and needs contraceptive advice from her

Feminism Has Changed Over The Years - 1924 Words

Feminism has changed over the years. It’s grown into a much more defined value in today’s society. Is that enough though? Not necessarily. The problem with the feminist movement is that it’s lost traction because of the diverse subgroups. It’s pretty hard for all the groups to conform onto one idealistic view of what feminism should stand for in our society. One thing stands out between all the groups though that they can agree on, and it is that women should be equal to men. Why hasn’t this been always a key thing though? Well, for America at least, this dates back to the Native Americans. Native Americans had men go out to hunt for food and do all the â€Å"strong† manual labor for the women as they sit home, cook, clean, and nurture the†¦show more content†¦So what gave anyone the idea that women are unfit to do what’s now culturally accepted as â€Å"manly† tasks? In my opinion, we just assumed without doing researc h. Within my paper, I will be focusing on the core group of feminist in my mind, the Liberal Feminists. I’ll be focusing on two major people that helped contrast the feminist movement and more specifically, helped shape what liberal feminist is. Mary Wollstonecraft is one of the key liberal feminists that defined the term liberal feminism. Betty Friedan is another big factor in what she wrote on liberal feminism. Mary Wollstonecraft (1759-1797) was a writer and defined liberal feminism in her book A Vindication of the Rights of Woman. Mary Wollstonecraft’s main goal in writing the book was to give the vision of what an equal lifestyle of women being equal to men. Mary sees that women are socially oppressed and essentially abused/treated unfairly for the unjust cause of being a woman. Women are viewed as objects of pleasure for men and society and that is completely wrong because they are people too. Men are taught to be big and strong, full of pride, and to take on any challenge. Women are taught from even birth to become mothers. â€Å"Women are told from their infancy, and taught by the example of their mothers, that a little knowledge of human weakness, justly termed cunning softness of temper, outward obedience, and a scrupulous attention to a puerile kind of propriety, will

Pre-Departure Training Program

Question: Discuss about the Pre-Departure Training Program. Answer: Introduction Globalization has led to integration of economies on a wide scale. More people are moving out of their countries in order to get better employment opportunity and a better lifestyle for their family. People from all over the world are moving to places of their choice in order to seek better opportunity. UAE has numerous job opportunities due to high construction level. The country as numerous job opportunities for advanced professionals. Its economy has helped in creating multiple opportunities for the expatriate from different countries. Human resource plays an essential role in recruiting efficient people in the organization while ensuring a consistent growth. It is the duty of the HR to hire a right person at the right place. His duty is to prepare an effective training and development model and to describe the requisite position to the prospective employee (Boxall, Purcell and Wright, 2008). In the given scenario a British couple has left UK with his wife and two kids to explore new opportunities in UAE. Pre departure training program helps in giving information to the individual about the organizational rules and regulations. It provides more information about the cross-cultural dos and donts. It provides with every set of information that is essential to live in a foreign country. Moreover it helps the company to retain the employee for a longer time period. Individual can understand the environment of the country and reduce the level of cultural shock on arrival (Hendry, 2012). This plays an important role in creating awareness in every manner so that employee can adjust before arriving in a new country (Stone, 2005). Cross cultural awareness A British couple is shifting to Abu Dhabi with their two kids in order to seek employment opportunity. It is the responsibility of the company to give comprehensive information related to the cultural background of the country. Pre departure training plan must include information related to the customs and languages spoken. Language training program is essential for the expatriate so that they can understand the culture. UAE is an Islamic country that follows Islamic rules and regulations. The country is known for its diverse culture and hospitality. It is inhabited by people of different cultural background. Though the country has a multi-cultural background but there are certain restriction levied as per the local rules and regulations. It is suggested that a decent dress code should be followed, there are several restrictions levied by the Islamic law at various religious places in order to manage sacredness. There are certain legal regulations meant for the individual. It is nece ssary to create awareness about the festivals and holidays in advance. Holidays are given as per the Islamic festivals. This information need to be carefully understood so that one can accommodate as per their culture. The national holidays are given on Islamic festival only. Country follows a set of rules and guidelines that are mandatory to be followed (AlMazrouei and Pech, 2015). Climate and geographic knowledge The country has a hot and humid climate. It is surrounded by the Islamic country and one can easily access due to worldwide flight connectivity. The country is known for the hot climate. Temperature in summers might reach 50 degrees. The country has all the basic amenities that are essential for an individual to lead a comfortable life here. Day to day assistance There are certain local bodies which are known to provide daily assistance to the expatriate. One can reach them in order to get relief from some issue. The country has proper health care units and legislative system to manage easy stay of an individual. There are certain local bodies which are working for the welfare of the individual (Parakandi and Behery, 2016). Education opportunities Te country has one of the best education systems to meet the needs of the children of expatriate. Well recognized education institutes are providing versatile education to children from every background. UAE has further better options for high education. Both public and private institutions are working under the guidance of education ministry. Schools here promote overall development of the children and provide them with equal opportunities (Fadol and Sandhu, 2013). Elementary education institutes are situated at various locations that are safe for their well-being. Kids are provided with safe educational environment within the city. Employment probabilities for spouse UAE is a country with ample of opportunities for an individual with different set of knowledge. It provides equal opportunities for a deserving candidate. His wife is an experienced music teacher. She can apply in any of the music institute as a part time or full time faculty in order to utilize her time and knowledge. There are various other opportunities available for her to add value to her experience. It is mandatory to seek confirmation from the governing body to avoid future discrepancies. Abu Dhabi has vivid opportunities for people from different cultural background as it is inhabited by the people from different background. People of different nationality live in the city that adds a diverse multi cultural environment (Rees-Caldwell and Pinnington, 2013). Preliminary visit An initial visit to Abu Dhabi is recommended in order t understand the local culture. It gives an idea to understand the cultural practices of the other country. One can visit in order to retrieve first hand information about the country. Firstly it is advice to seek information about different schools; secondly information related to residence and should confirm fine research in order to have a safe and long term stay. Moreover it is recommended to make a visit to the nearby places in order to get information related to the prices (Exell and Rico, 2016). It is the duty of the HR department to look after the needs and to see that the expatriate doesnt come across any problem in staying. Zayed University will look after the needs of individual so that he can adjust with the custom and colure of the country. The organization has a duty to see any further future outcomes that may affect the stay of the individual and his family. The cross cultural training will help the employee in adjusting with the customs without any issue. References AlMazrouei, H. and Pech, R.J., 2015. Working in the UAE: expatriate management experiences. Journal of Islamic Accounting and Business Research, 6(1), pp.73-93.areas. Boxall, P., Purcell, J. and Wright, P.M., 2008. Human Resource Management.Oxford Exell, K. and Rico, T., 2016. Cultural heritage in the Arabian Peninsula: debates, discourses and practices. Routledge. Fadol, Y.Y. and Sandhu, M.A., 2013. The role of trust on the performance of strategic alliances in a cross-cultural context: A study of the UAE. Benchmarking: An International Journal, 20(1), pp.106-128. Hendry, C., 2012. Human resource management. Routledge. Parakandi, M. and Behery, M., 2016. Sustainable human resources: Examining the status of organizational worklife balance practices in the United Arab Emirates. Renewable and Sustainable Energy Reviews, 55, pp.1370-1379. Rees-Caldwell, K. and Pinnington, A.H., 2013. National culture differences in project management: Comparing British and Arab project managers' perceptions of different planning International Journal of Project Management, 31(2), pp.212-227. Stone, R.J., 2005. Human resource management. Sidney, Australia: John Wiley and Sons, Ltd.

The Polar Bear and Adaptations free essay sample

The polar bear is seen by many as the beautiful white bear that lives in the cold and ice of the areas within the North Pole. They may never look beyond the beauty to see the animal has progressed through natural selection to become a creature that endures and thrives in the frigid temperatures and prolific ice. The polar bear has adapted in various ways such as temperature regulation, hunting skills, movement in water and on ice. The bears white coat makes hunting easier for the bear, acts as camouflage, because its prey has a hard time distinguishing it from its background. The polar bear has little in the way of predators insuring its position towards the top of the food chain. Kolinski (n. d. ), â€Å"Because polar bears are nearly the largest bear in the family ursidae, and remain as one of the largest mammalian animals, very few, if any organisms prey upon the polar bear. We will write a custom essay sample on The Polar Bear and Adaptations or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page However, if predation does occur, predators are of equal or greater complexity. Predators of Ursus Maritimus are usually members of the family ursidae or human beings† (para. Interactions). The polar bear eats an extremely high fat diet consisting of seals and other meats. The high fats provide an extra accumulation of fat under the skin that allows the bear to stay warmer but also to help the animal sustain its functions when going long periods of time without proper nutrition. The polar bear has adapted to the cold by having a very heavy coat of fur that helps to keep them warm and also to regulate body temperature. The polar bear also has hollow hairs that absorb the sun’s runs and help keep the bear warm. This is hastened along by the black skin the bear has underneath its deceptive transparent coat. The polar bear’s small round ears are designed to help prevent the animal from losing body heat. The larger the ears the more surface area to lose heat. All of these characteristics combined add up to a higher body temperature because of the adaptations. As noted in the diagram the polar bear has large furry paws that aid him in walking on snow and ice. They serve the bear as a solid foundation for movement and speed. He has hair over all parts of his body except his nose and the pads of his feet which offer even more traction. On those same paws the diagram mentions long claws for tearing apart prey. These long claws are a necessity for carnivores such as the polar bear. Without them they would be unable to secure adequate food to maintain their size and strength. The diagram also notes a large muscular hump that is over the polar bears shoulders. This muscular hump serves as a powerhouse of strength for the polar bear and it allows the bear to swim efficiently with speed. It also serves as the strength to tear the prey it feasts on apart for food. The bear is also a fast runner which is enhanced by this powerhouse of strength giving him the ability to overtake his prey when chasing him. The polar bears skills when in the water are impressive. It will use its white fur to camouflage as ice and then when a creature comes near it will swim aggressively towards it with its speed and webbed paws while quickly overtaking it in strength. Many animals throughout the animal kingdom have made adaptations over time in order to survive within the environment it lives. The polar bear is one of the many who have been successful.

The Heisenberg Principle and Economics Essays

The Heisenberg Principle and Economics Essays The Heisenberg Principle and Economics Essay The Heisenberg Principle and Economics Essay A quick skim of The Wall Street Journal on a daily basis for just a week should prove to you that the Heisenberg principle does indeed apply to economics. The Wall Street Journal provides daily analyses of economic events and economists’ perspectives on what has happened as well as what is likely to happen. The Wall Street Journal ‘s curculation is evidence that these analyses are taken seriously by both businesspeople and consumers. To see how economists’ predictions change the course of economic events, look at economists’ assessment of leading and coincidental indicators and the subsequent movement up or down in the markets for stocks and bonds. Leading indicators are used to predict what is likely to happen in the future, while coincidental indicators are used to describe the economy’s current condition. When the economists say that the indicators demonstrate that the economy is in a recession or entering a recession, consumers and businesses react immediately to prepare for the anticipated recession by reducing consumption and investing more cautiously. This often serves to hasten the onset of a recession, fullfilling the economists’ original prediction. In turn, if consumers and businesses expect good times ahead, they invest and spend their money more confidently. High levels of investment and consumption translate to strong economic growth. An examination of â€Å"Orders for Durable Goods Plunge by 6%,† [The Wall Street Journal, May 25, 1995] yields an example of how this cycle works. Note Marilyn Schaja’s prediction that the Fed will move toward â€Å"an easier policy stance† and the reaction of investors in the bond markets to this statement and others similar to it; the bond market soared due to speculation that interest rates might be cut soon. This is only one example of how economists’ predictions directly affect the bond market, but the bond market rises and falls dramatically each day in response to speculation about what the Fed will do or whether the economy is predicted to speed up or slow down. Other examples abound on the second page of The Wall Street Journal. But economists are not gods. They cannot know for sure what is going to happen to the economy, and they often disagree with one another. When there is a majority consensus, the Heisenberg principle operates in full force. Businesses and consumers are often susceptible to the majority opinion, and economists’ predictions will likely be fulfilled just because the predictions have been made. When all economists seem to disagree, the individual is left to make his own decisions. In this case, the outcome is less predictable, and it might seem that the observed is less likely to be affected by the process of observation.

Human Resources Management of Kwik-Fit Financial Services Term Paper

Human Resources Management of Kwik-Fit Financial Services - Term Paper Example The call center contacted the highly probable people in the list and sold the insurance policies and other financial services to these people. This model was successful initially and continued to improve until the time when the company was taken over by Ford. Though the value of the company went up when this was again subsequently taken over by another venture capital group, there was no change in the downward trend that has started. This has arisen primarily because, the call centers are human-centric and a dissatisfied and unhappy staff does not augur well for the company. The number of people who work in the company for a longer stint slowly comes down as the company started to lose ground. The company was on the verge of growth. As a matter of fact, the company was one of the call centers established in the region and had about 850 employees on its rolls. The employees found themselves de-motivated due to a number of take-overs that has been happening in the company and a number of grievances that were not given a hearing. The annual staff turnover in the company was at around 52% and a vacancy rate that was well over 21%. Naturally, with such large turnover and vacancy rates the company had started doing badly and the company was financially falling down2. The business model of the company was simple. The probable leads list come from their own company Kwik-Fit Auto center from which the best of the probe are picked up and they are followed up from the call center. The large scale vacancy and the large turnover of the staff both compounded the problem at the call center and started to bring the company down to the red. The human resource turn over in the company happens because of large scale unhappiness over the working of the company and the people do not fancy working in the company anymore. Of course, the pay does matter. But it is more often the working methods and the environment that compounds the issue and accelerates human turnovers in the company.  

Comparative youth justice Essay Example | Topics and Well Written Essays - 1000 words

Comparative youth justice - Essay Example Despite their naivety, initially children were treated and punished in the same way as their adult counterparts irrespective of their crime but gradually the criminal justice system was introduced to reforms that ensured an alternate protocol to deal with child crime. Tracing the history of youth justice system, In 1933, The Children and Young Persons Act (1933, Sec. 44(1)) was introduced which said, ‘Every court in dealing with a child or young person who is brought before it, either as an offender or otherwise, shall have regard to the welfare of the child or young person and shall in a proper case take steps for removing him from undesirable surroundings, and for securing that proper provision is made for his education and training’. Since then there have been amendments and changes to this act. Later acts, for example, The Children and Young Persons Act of 1969 (1969, Sec. 43 (1)) gave a more of a welfare spin to youth justice but the question arises that should the young ones be punished for their crimes (which they might have committed in adolescence and immaturity)? People have different perspectives over this, some say that they should be forgiven and sent to rehabilitation centres while others are of a view that they should be punished so they learn their lesson and never repeat the mistake again. Surprisingly, it has been observed that first timers who have been punished for their crime tend to become second time offenders. This might be associated to the severity of the punishment that consequently makes the young so revengeful of the society. The next logical inquisitions that pop up include, is custody/punishment an expensive way of making bad people worse? Does the locking up of children work? Statistics show that around 2203 children are in custody in England and Wales and most of them are imprisoned for non-violent offences so does it add up to be logical to imprison a child for a non-violent crime when they can be rehabilitated in the community? Locking someone in prison is usually for individuals who are harm to community. The premise of taking a child into custody is a thought that suggests that they are a hazard to society. Children tend to wallow, all their lives in a complex that they were not worthy enough to be forgiven and given another chance. These disturbing thoughts make them so hateful of the society that they begin to think that no matter what they do, they will land up in a prison anyway. According to Morse (2010, Sec. 6), in his report to the ministry of justice, such thoughts make it easier for these children to go back to crime thus they end up being second time offenders. Although all of them do have a potential to have a good life again but once they get into a prison such is the urge of reoffending that they are likely to be engaged the cycle of getting in and out of prison for life. According to Wark (2010), some young offenders were interviewed during a research and it came out that tho se children have now become worst than before. A child who was given a custodial sentence at the age of 12 for robbing off people to buy drugs, is now a maniac to society, he was expelled thrice from school after that then became a rebel. He began fighting on streets, spitting at teachers, threw chairs at fellow students and started smoking, he has become an angry rebellious child who is not acceptable anywhere and the already highlighted non-acceptance has

European Union Trade Law Essay Example for Free

European Union Trade Law Essay Introduction Counterfeiting, piracy and infringements of intellectual property rights are very frequent in the European Union[1]. These take place all over the world and pose a grave danger to national economies and governments. The success of such activities is due to the counterfeiters’ greed for money and also the increase in demand due to consumer ignorance, which makes them prefer these lower cost imitation products[2]. The European Internal Market is characterized by national disparities in the means of enforcing intellectual property rights and counterfeiting, piracy and infringements of intellectual property rights takes advantage of this. These disparities determine the place where counterfeiting and piracy activities within the Community are carried out. The implication of this is that counterfeited and pirated products are manufactured and sold more in those countries which are less effective than others in dealing with counterfeiting and piracy. Therefore this has direct consequences on trade between the Member States[3]. It also has a direct effect on the circumstances controlling competition in the Internal Market. The result of this is that it leads to diversion of trade, distorts competition and creates disturbances in the market. The variation between the systems of penalties, in different nations, creates difficulty in effectively tackling the problem of counterfeiting and piracy[4]. It also results in the problem of improper functioning of the Internal Market. Further, it leads to loss of confidence in economic circles in the Internal Market, resulting in a reduction in investment. Moreover, in addition to the economic and social results, counterfeiting and piracy also hinder consumer protection, particularly in respect of public health and safety[5]. Increasing use of the Internet has enabled pirated products to be distributed very quickly around the globe and last but not the least; this phenomenon seems to be increasingly associated with organised crime. Fighting this trend is therefore very important for the European Community especially when these illegal activities are carried out for commercial purposes or if they result in considerable damage to the right holder. The situation is especially acute in respect of the music industry[6]. Counterfeiting and piracy have resulted in continual and increasing harm being done to business in the form of lower investments and closure of small and medium enterprises; to society by way of job losses and decreasing consumer safety and threat to creativity and governments due to loss of tax revenue. In the case of the   Ã‚  Ã‚  cultural (music, films, videos CDs, DVDs) and software industries the situation has been made worse by the easy access to a global market via the internet[7]. Quite some evidence has been obtained that reveals that counterfeiting and piracy are becoming increasingly linked to organised crime and terrorist activities because of the high profits and the comparatively low risks of discovery and punishment[8]. Reason for action at the EU level At present, as far as legislation in respect of the enforcement of intellectual property rights is concerned, there are important differences in the Member States. These differences are being exploited by Pirates and counterfeiters by carrying out illicit activities in Member States where enforcement mechanisms are applied less effectively. It is hoped that the proposed Directive will reduce counterfeiting and piracy, by reducing differences in national legislations across the EU and by directing Member States to implement tougher sanctions and better remedies against infringements[9]. Intellectual Property Rights or IPR, infringement takes place in most types of rights and virtually any product that can be pirated or counterfeited[10]. It is usually assumed that piracy and counterfeiting take place mainly with regard to some luxury, sports and clothing brands, music and software CDs/DVDs. The reality is otherwise and virtually every IP is being violated at a significant level and that the diversity of fake products is vast, with large software producers as likely to be harmed as small producers[11]. Copyright – Piracy is widespread in all formats with particular focus on digital media, from CDs to VCDs, to DVDs. Further, illegal digital distribution of films, music, pictures, texts and software over the Internet is extensive[12]. Trademarks – Counterfeiting takes place in respect of almost all the products and there fake clothes, footwear, leather goods, watches, toys, cigarettes, pharmaceutical products, car parts, electronic devices, etc. In some countries former business partners continued to use trademarks or designs of the right holders even after the partnership had ended[13]. Technical designs – There have been infringements in respect of design over a vast and diverse range of products like, spectacle frames, wine glasses, sliding doors, textiles, etc[14]. Patents – Many reports were submitted regarding infringements on pharmaceutical products, electrical domestic appliances, industrial machinery, etc[15]. Geographical Indications – In some countries the registration by local producers of trademarks of geographical indications originating in Community Member States is permitted[16]. Data protection –   A number of instances where partial or total lack of protection in respect of information given to national authorities, while lodging patents or during the registration of pharmaceutical products   have come to light[17]. Certain countries like China, Korea, Russia, Turkey, Taiwan, etc, are undoubtedly large scale producers of pirated and counterfeit goods. A major part of their production is exported, however, if there is a large domestic market, part of the production is used for domestic consumption. In developed countries, Uruguay, Brazil, etc, a large number of fake goods is imported. Another category of countries exist, which serve as points of transit for fake goods distributed by international networks[18]. The USA is one such country and despite its being a country generally recognized as having strict and effective enforcement rules and practices, nevertheless, according to official statistics is one of the main countries of origin of pirated or counterfeit goods seized. The reason for this is held to be the vast quantity of counterfeit goods produced in different countries being transported via the US to other destinations. Lastly, in respect of internet based IPR violations, it is very difficult to determine the origin and destination of such traffic. The European Union is an important destination for such goods. In addition to the goods exported into the Community, a sizeable part of the injury caused to the EU right-holders is because of the loss of income and reputation, in the case of fake goods of lower quality, due to sales in any other market. EU countries are also countries of transit for counterfeit goods and pharmaceutical products. The problem is so acute that the EU and the USA have formed a joint strategy to counter it[19]. The efforts of the member state governments are in general ineffective due to lack of a synchronized and effective approach. If the right-holders have the will, the means and the influence to compel the competent authorities to take appropriate action then such measures are successful. The fight against counterfeiting and piracy is hindered not due to obstacles in the substantive law, but due to the unavailability of means the lack of willingness of the enforcement agents to apply the law strictly and efficiently[20]. These enforcement agencies are, frequently, unsuccessful due to manpower shortage, shortage of funds, lack of regulation of the base legislation and general problems caused by insufficient national and international co-ordination including a lack of transparency. To be more specific, this is encouraged by the absence of deterrent punishments for infringers. IPR violations[21] are therefore low risk high profit activities and usually, there is unwillingness to apply criminal sanctions. Further, administrative penalties are in general insufficient to dissuade pirates and counterfeiters and sanctions involving the confiscation of production machinery or the closing of production facilities are not applied systematically. This encourages and perpetuates criminal activities. Trials in these cases are slow, uncoordinated and costly. There are long delays and very few positive results and jurisprudence does not show uniformity. Moreover, the effort is made all the more difficult due to local protection for infringing industries and rampant corruption of the authorities in charge. There is also an absence of trained officials, like legislators, judges, prosecutors, customs officials, police, etc.   A major problem arises due to the public not being fully aware of this problem. Many members of the public do not consider piracy and counterfeiting to be wrong and at times, there is lack of awareness of the fact that using such products is an infringement of the law. In some countries the co-operation of right-holders is accepted in criminal investigations leading to encouraging results, like the seizure of goods and the destruction of criminal networks. For instance the optical disc regulation is a cost-effective way to deal with the piracy problem, because optical disc laws work against infringements of intellectual property rights. Further, these rules make the manufacture of pirated optical discs much more difficult for rogue elements without implementing unjustified regulatory burdens on legal plants. This type of measure has yielded noticeable results in countries like Hong-Kong and the Ukraine. It has been observed that in several instances right-holders have not resorted to the law of the countries where the violations occur, because of a lack of confidence in the local system and also due to lack of ways to defend their rights in a distant country, unawareness of the means available and sometimes due fear of reprisals where criminal organizations are the violators. Several reports have indicated that national producers, accused of infringements are shielded from effective prosecution. In some countries the authorities will unofficially claim that domestic â€Å"job providers† deserve more protection than foreign right-holders. As long as the majority of the public sees IPR violations as a mechanism to obtain basically the same goods at a much lower price, it will not be possible to diminish piracy and counterfeiting[22]. Although, strict action is taken in respect of counterfeit goods which affect consumer health and safety, the sale of imitation luxury brands, software, audio and video products are frequent in many countries and constitute a major attraction for tourists. There is limited public awareness of the bad effects of widespread IPR violations, resulting in loss of foreign investment, discouragement to creativity and research development, loss of international credibility of the countries and the nexus between counterfeiting and piracy with organised crime.[23] In chapter one, a discussion about the response of EU Trade Mark Law against counterfeiting and piracy has been taken up. The causes of piracy and counterfeiting are dealt with briefly. After this, proposed remedies for infringements are considered. Next, the effects of counterfeiting and piracy and the resultant loss to the right holders are described. The enforcement mechanisms for combating piracy and counterfeiting are then analyzed. Subsequently, the different departments and directorates of the EU and their functions and enforcement mechanism are described. Finally, the role of customs department in curtailing piracy and counterfeiting is discussed in brief. As such this chapter, which deals with enforcement mechanisms of the EU trade mark law, reveals that these are not effective enough to deal with this problem. In chapter two, the role of courts in combating piracy is discussed in detail with case laws. After this the working procedures of community trademark court and the complexity of their procedures are discussed. This is followed by a discussion of a number of landmark cases in the history of the struggle against counterfeiting and piracy. Lastly, the latest EU law in respect of these crimes has been discussed in detail. In this chapter, the role of the courts in countering piracy and counterfeiting, though commendable, the disparities in national laws reduce their effectiveness. In chapter three, the responses of parliament in combating the problem of counterfeiting and piracy in the EU have been discussed. In this regard the various acts of parliament that pertain to this problem in various fields have been discussed in detail. These include the various directives, regulations and acts. Moreover, the time after which the trademark will be revoked and the methods by which it will be invalidated have been discussed. Although, parliament has enacted several laws to control the problem of piracy and counterfeiting, the lack of stringency in their enforcement has not been able to control this problem to the level required. Chapter 1    The Response of EU Trade Marks Law against Counterfeiting and Piracy       Causes of Piracy and Counterfeiting Counterfeiting, piracy and infringements of intellectual property rights are constantly on the increase. Their effect is international and they pose a serious threat to national economies. In the European Internal Market, these phenomena take particular advantage of the national disparities that may exist in the means of enforcing intellectual property rights. In other words, counterfeited and pirated products are more likely to be manufactured and sold in those countries that are less effective than others in combating counterfeiting and piracy. Counterfeiting is now a multi-million pound business, run by organised criminals. It is theft, no more, no less. It moves resources from the honest, tax-paying economy to the dishonest, tax-evading economy. It puts the law-abiding employees of brand owning companies out of work. In the worst cases, such as unauthorised pharmaceutical products, aircraft parts or motor vehicle parts, the counterfeit version is sometimes a serious danger to public safety. The principal cause of piracy and counterfeiting is that dishonest traders can make considerable profits, by taking advantage of the creative efforts and investment of others and by selling imitations at a lower cost than those incurred by the producer of genuine products. Clearly, such trade exists due to consumer demand and perception that piracy and counterfeiting are mild violations. Intellectual property theft is not considered by the public to be as bad as fraud, theft or trespass. This is made worse by the failure of the public authorities and commercial organizations in bringing to the notice of the consumers the dangers of using unauthorised products, the harmful social welfare effects from this trade and the imposition of insufficiently restrictive penalties by the judicial authorities. Proposed Remedies    On 15 October 1998, the European Commission presented a Green Paper on the fight against counterfeiting and piracy in the Single Market. The purpose of this paper was to start a debate on this subject with the participation of all the interested parties. The result of this consultation exercise established that the functioning of the Internal Market was being adversely affected due to the differences in the national systems of intellectual property rights[24]. Subsequently, on the 30th of November, 2000 the Commission presented a follow-up Communication to the Green Paper in which it recommended an action plan to deal more effectively with counterfeiting and piracy. Some of the measures proposed were the presentation of a Directive that would bring about a harmonising of the national provisions on the means of enforcing intellectual property rights. The general opinion of the public is that counterfeiting is a harmless and as the price charged for genuine products are higher, there seems to be a general good will towards these counterfeiters. In accordance with section 111 of the Copyright, Designs and Patents Act 1988 of the United Kingdom, the owner of a copyright can give written notice to the Customs and Excise Department that infringed copies of published literary, dramatic or musical works that are expected to arrive in the UK should be prohibited[25]. From the 1st of July 1999, Regulation (EC) 241/1999 has amended a Council Regulation[26] by extending prohibition to goods infringing patents and supplementary protection certificates and to goods under all forms of customs supervision. This regulation contains a process by which members of Community Trade Marks can make a single application for customs intervention in any number of Member States, accordingly, the European Commission reported that between July 1995 and June 1997 customs authorities had taken action in about 4000 cases in comparison to only 2000 in the previous 7 years before the implementation of this Regulation[27]. Many contraband markets evolve through one or more of the following stages: Grey market, or parallel trading; smuggling; counterfeiting and piracy. The markets for contraband cigarettes, alcohol and pharmaceuticals pass through all three stages in their evolution, while the contraband markets for branded apparel and software might progress directly from grey market trading to counterfeiting. Sometimes when no such grey market goods are available organised crime groups may start producing and distributing counterfeit and pirated goods. In this manner a supply chain that is completely in the hands of organised crime groups is formed. Digitization and access to used manufacturing equipment has allowed the counterfeiting and piracy of cigarettes, apparel, computer software and music CDs. Impact of Counterfeiting and Piracy This Green Paper has assessed that 5% and 7% of world trade is due to counterfeited and pirated goods and the fact remains that this problem is more in certain sectors than in others. The Commission on assessment of levels of counterfeiting and piracy with regard to turnovers of some of the sectors concluded that, it is considerable. It opined that the level of counterfeiting and piracy was 35% in the software industry, 25% in the audio industry and 12% in the toy industry. The music, film and software industry, which are the main copyright industries are severely affected by counterfeiting and piracy. This problem occurs in the branded goods sector or in the industries like clothing, footwear, fragrances and cosmetics, luxury goods, motor car parts, aircraft parts, pharmaceuticals, food and drink and industrial chemicals. In France and Italy counterfeiting is more in respect of luxury goods, whereas in Germany the problem is compounded by the manipulated certification of counterfeited goods[28]. The resulting effects of counterfeiting and piracy are, diminished sales, disadvantages to the legitimate enterprises, due to free utilization of their research and development by their competitors, liability due to defective imitation products, free availability of imitations harmed the prestige and goodwill of a brand, initiation of legal proceedings against infringers and continuous supervision of the markets is expensive[29]. Further, the losses caused to the industry will be reflected in the public revenue, thereby raising the unemployment level in that industry[30]. According to the statistics of International Federation of Phonographic Industry, sales of illegal CDs accounted for 14% of the relevant market in the world. In May 2003, the UK music industry pointed out that the sales of pirated CDs exceeded the sales of genuine products. With regard to the responses to the commission’s green paper on combating the counterfeiting the piracy in the international market it was revealed that within the European Union the counterfeited and pirated goods amounted to 5 to 10 % of vehicle spare parts sales, 10% of sales of CDs, 16% of video and DVD film sales and 22% of shoes and clothing sales[31]. The commission referred to a survey conducted by KPMG in France, in 1998, in a proposal for counterfeiting directive. It was reported by Sofres and the Union des Fabricants that the average losses to the businesses, on which survey was conducted, amounted to 6.4% of the total turnover. According, to a study of 2000 by the centre for economic and business research in relation to global anti counterfeiting group, which calculated the average annual reduction in profits, was â‚ ¬ 1,266 million in the clothing and footwear sector, â‚ ¬ 555 million in the perfumes and cosmetics sector, â‚ ¬ 27 million in the toys and sports articles sector and â‚ ¬ 292 million in the pharmaceutical sector[32]. The losses caused by counterfeiting and piracy with regard to tax and excise fields were considerable. The commission’s proposal for a directive on the enforcement of intellectual property rights, accompanied by a paper of estimation revealing that in the phonographic sector VAT losses amounted to â‚ ¬ 100 million that were incurred by the EU Governments as a result of counterfeiting and piracy[33].    Enforcement The Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, states that till now the main concentration of the EC in the field of intellectual property was on harmonization of substantive law, and also on the formation of a unitary right at the community level. National property rights such as trademarks, designs, patents for bio technological inventions, copyright aspects and its related rights have been harmonized. At the Community level, the Commission has taken steps to formulate unitary rights, which become valid instantly throughout the EC and examples of these are Community trademarks and designs. In respect of Community patents’ formation discussions are going on at the level of the Community ministers. In spite of the fact that the harmonization of substantive law on intellectual property rights has promoted the free movement of goods between member states, the methods of enforcing them has not yet been harmonized. Hence, the present directive is required. Counterfeiting is in different forms. For example, in the absence of any permission from the English Football Club, football shirts are manufactured in the UK. This is being done by a company which is in no way connected with the Football Club. The brake pad manufacturers produced 150,000 brake pads to a required specification by the authorized dealer, though his order was for only 100,000 units. All of these brake pads marked with the company’s logo were supplied to unauthorized distributors. The European Commission represents and upholds the interests of the European Union or EU. It is a politically independent institution, which is the motivating power within the EUs institutional system. Its main roles are proposing legislation to the Parliament and the Council; managing and implementing EU policies and the budget; enforcing European law together with the European Court of Justice and representing the European Union internationally. In 1994, the EU implemented the Customs Regulation[34], which controls the imports of fake goods. In 1998, the Commission issued the Green Paper on Combating Counterfeiting and Piracy in the Single Market[35]. Based on the responses to this Green Paper, the Commission formulated an Action Plan, on 30 November 2000. The Action Plan consists of harmonization of legislation among all EU members in order to protect intellectual property rights; better law enforcement training programs; education programs to increase knowledge of the harm caused by buying imitation and pirated products and the beginning of a study for defining a method of collecting, analysing and comparing data on counterfeiting and piracy. In April 2004, this Action Plan was translated into a Directive[36]   for balancing the implementation of intellectual property rights in the Community by a Regulation[37] that improved customs action against counterfeit and pirated goods. It also extended Europol’s powers to include piracy and counterfeiting. In November 2004, the European Commission implemented a Strategy for the Enforcement of Intellectual Property Rights in Third Countries[38]   outside the Community. Departments of the European Commission The organization of the European Commission is into departments, known as Directorates-General or DGs and services, such as legal services. Each DG accountable for a specific area of policy is controlled by a Director-General who is accountable to one of the commissioners. These DGs work out and plan the Commissions legislative proposals and technical co-operation activities. Some of the Directorates General of the European Commission deal with the enforcement of intellectual property rights. Some examples of these are DG Trade, DG Taxation and Customs Union and DG Internal Market. These are discussed in the sequel. Directorate General for Trade The DG Trade has to develop and observe intellectual property policies in agreement with the trade policies of the EU. One of the main objectives of the EU is to implement better recognition and enforcement of intellectual property rights. Its policy with respect to intellectual property consists of implementing IP protection all over the world; promoting sufficient enforcement of IPRs universally and taking part in the war against violations; making certain that IPRs support public health objectives, cooperating with developing and under developed countries where implementation of intellectual property laws is difficult. The Enforcement Strategy focuses on the implementation of existing IPR laws and intends to illustrate, prioritise and organize the instruments available to the European Commission for achieving its goal. It identifies priority countries and the implementation of specific measures in technical assistance, dispute settlement and other sanction mechanisms, collaborating with like minded private entities, international organizations and countries, etc. It provides information for dealing with piracy, counterfeiting and other IPR violations. The objectives of the Enforcement Strategy are: Identification of priority countries. The focus of the EU action will be on the most problematic countries with regard to IPR violations. Such countries will be identified by a regular survey of all stakeholders. Political dialogue, incentives and technical co-operation. The EU will make all efforts to ensure that technical assistance given to third countries focuses on IPR enforcement. IPR mechanisms in multilateral, bi-regional and bilateral agreements. The EU will address enforcement concerns more systematically, within the framework of these agreements and consult trading partners in order to strengthen IPR enforcement clauses in bilateral agreements. Dispute settlement – sanctions. The EU will recall the possibility that right-holders have to utilize the EU’s Trade Barriers Regulation[39] or of bilateral agreements, where there is a violation of TRIPs. Increasing awareness. The public is made increasingly aware of the disadvantages and harm caused by counterfeiting by means of the EU. Creation of public-private partnerships. The EU supports and participates in local IP networks using mechanisms installed by Commission services like the IPR Help Desk and Innovation Relay Centers to exchange information with right-holders and associations. Moreover, it improves co-operation with companies and associations that actively fight piracy and counterfeiting.    Directorate General, Taxation and Customs Union An essential component for the creation of an integrated single European market and a common commercial policy is the Customs Union. Its purpose is to maintain and defend the Customs Union and ensure uniform application of the classification and origin rules. The Directorate General participates in international commercial negotiations which concern the application of the rules of origin and the preferential trading systems. Custom administrators have to not only collect duties but also have to protect consumers and legitimate traders. On the 22nd of July 2003, the Council of Ministers implemented a new regulation in respect of customs and counterfeiting. This Regulation which replaces the previous one[40] includes additional intellectual property rights like plant variety rights, geographical indications. Moreover, period of validity and request forms have been standardised. It has done away with fees and guarantees in order to help small and medium sized companies or SMEs to make free of cost use of the system. It extends the scope of the ex officio procedure, which permits customs authorities to react even if there is no previous application for action. The extension of the use of this possibility is of especial benefit to SMEs. Further, there is an increase in the quality and quantity of information given by customs to intellectual property right holders. This permits samples to be given to the owners of the intellectual property rights.   It permits checking travellers to ensure that the use of couriers does not hide a large flow of goods. Directorate General, Internal Market         Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The internal market is an essential part of the European Union. It has emerged as a result of the Treaty of Rome. This treaty created a common market in which there was a free movement of goods, persons, services and capital. Unification of the markets of Member States results in economic and political integration. The Treaty establishing the European Community or the EC Treaty brings about a system that ensures undistorted competition in the internal market and approximation of the laws of Member States for the functioning of the common market. This DG mainly concentrates on the knowledge based features of the Single Market and to some extent on the traditional regulatory instruments, which in order to avoid trade barriers harmonize the laws of the Member States. Its goal is to create unitary systems for protecting rights with Community-wide effect. It also focuses on ensuring the proper functioning of the Single Market in the fight against Counterfeiting. In addition, this DG also takes care of debates on the principle of Community exhaustion of trade mark rights and its economic effects on innovation, employment, prices and discussions on Enlargement. In order to get rid of trade barriers and to enable the framework responsive to new forms of exploitation, a considerable amount of intellectual property harmonization has taken place in the EU. The Internal Market DG has to modernise and adapt this acquis to advances in technology or the markets concerned for example, directive on copyright and related rights in the Information Society. Further, it has to improve international negotiations in order to strengthen the IPR internationally. A major contribution in this field by the Internal Market DG has been the Directive, adopted in April 2004, on the enforcement of intellectual and industrial property rights.[41] It makes it mandatory for all 25 EU Member States to apply successful, inhibitive and impartial remedies and penalties against those engaged in counterfeiting and piracy and thereby bring about a level playing field for right holders in the EU. This new Directive brings about uniformity, to the extent possible, in national legislation throughout the EU. This uniformity is respect of civil sanctions and remedies and it is in accordance with best practices in one or several member states. It consists of procedures in respect of evidence and its protection, and interim actions like injunctions and seizure. Right holders have several remedies like destruction, recall or permanent removal of illegal goods, financial reparation, injunctions and damages. It also implements a right to information, which permits judges to compel certain persons to disclose particulars of people involved in counterfeiting and piracy. Under this Directive, member states have to appoint national correspondents to cooperate and exchange information with each other and the Commission. In addition to benefits to right holders, the Directive contains suitable safeguards against abuse, guarantees the rights of the defence and contains references to protect personal data and confidential information. Directorate General, Enterprise DG Enterprise has founded the IPR-Helpdesk[42] whose main aim is to help prospective and current contractors who are participating in European Community funded research and technological development projects concerned with IPR issues. This helpdesk gives advice on Community diffusion and protection rules and issues relating to IPR in international research projects. Another international purpose of the action is to increase knowledge of the European research community on IPR issues, with particular reference to their European dimension. It also conducts several training courses and information seminars on intellectual property matters.    Directorate General Justice, Freedom and Security      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The DG Justice, Freedom and Security have common regulatory responsibilities as IPR enforcement is connected with law enforcement both within and outside the Community. This DG is at present working on a legislative project on approximation of national legislation and sanctions on counterfeiting and piracy. Specific field operations are taken care of by the European Anti-Fraud Office (OLAF).    Customs Regulation Moreover, the European Union has introduced a Customs Regulation that empowers Customs officials to seize suspected counterfeit or pirated goods. Under this Regulation, EU Customs Authorities can detain suspected goods, for a short period, before the end of which, the rights owner have to initiate legal action against the alleged counterfeiter or pirate. Proper implementation would make this Regulation a very powerful weapon for rights holder with a good, anti-counterfeiting, intelligence network. This move to enact the Directive on enforcement of intellectual property is subsequent to the UK’s recent effort to tackle the problem of piracy by enacting the Copyright, Etc. and Trade Marks (Offences and Enforcement) Act 2002. The implication of this law is that those who deal in pirated goods and specifically, those who produce such goods and those who distribute them, will get stiffer fines and if the crime is serious enough they may be imprisoned. The requirement of this Directive will be that each of the Member States will have to apply the same procedure in infringement proceedings and this would include damages awarded, injunctions, provisional measures and sentencing[43]. Intelligence, appropriate criminal sanctions and Courts that enforce these sanctions, are essential factors in combating counterfeiting. In the absence of precise information on the source, time of supply and place of transfer it is very difficult to stop their entry onto the market. In order to limit piracy within the EU the EC has revealed plans to put into practice an anti-piracy law that aims at harmonizing anti-piracy law throughout the Member states. This chapter has dealt with the enforcement of trade mark laws, in order to prevent piracy and counterfeiting. Evidently, this problem cannot be curbed because of the disparities in the domestic laws of the member states. As such the pirated and counterfeited goods, though not produced in the EU, freely flow into it with great damage being done to the right holders. In the next chapter the role of the courts in dealing with this problem will be discussed. Chapter 2       Responses of the Courts to Counterfeiting and Piracy    In the absence of effective methods for enforcing intellectual property rights, innovation and creativity will be discouraged and investment will be reduced. It is therefore necessary to ensure that the substantive law on intellectual property, which is a part of the acquis communautaire, is applied effectively in the Community. The acquis communautaire includes all the treaties, regulations and directives passed by the European institutions as well as judgments laid down by the Court of Justice, which member countries have to adopt, implement and enforce in order to be admitted to the EU[44]. The means of enforcing intellectual property rights are of vital importance for the success of the Internal Market. The discrepancies between the systems of the Member States in respect of the means of enforcing intellectual property rights are harmful to the proper functioning of the Internal Market. These discrepancies also make it impossible to ensure that intellectual property rights have the same level of protection throughout the Community[45]. This situation hinders free movement and does not create an environment that is favorable to healthy competition. Formerly, the commission’s ability for providing criminal sanctions under the first pillar was suspect. Hence, the EU commission submitted a draft directive, which entails the harmonization of law to facilitate the single market. The directive which is the foundation instrument would have been adopted by the council and the parliament under the co decision method. Moreover, the commission has submitted a draft framework decision, which contains criminal sanctions. A framework decision is a third pillar instrument that is adopted by the council exclusively. Hence, the parliament has not taken any part in this process. The commission was disinterested in splitting up the draft legislation into two legal instruments, a directive and a framework decision; hence, it initiated proceedings against this mechanism before ECJ. On the 13th September 2005, the ECJ, in its judgment in commission v council[46] held that provisions of criminal law that promote the effective implementation of community law come under the first pillar. After this decision, the European Parliament’s involvement in the legislative process has been on the increase. Due to this milestone decision, the European Commission has presented a second draft directive on 28th April 2006. This legislation consists only of one legal instrument, a directive. The proposal of the commission has to be adopted by the European Parliament and the council under the co decision procedure[47]. The latest changes come from the case law of the European Court of Justice rather than the European legislator. Regulation 1383/2003 applies at the EU’s external borders to export, import, transshipment and external transit. This is according to Article 1 (1) of Regulation 1383/2003. Most of the border measure cases concern to transit and transshipment cases and the provision of Article 1 (1) is a â€Å"TRIPS plus† provision. This is because it transcends Article 51 of the TRIPS Agreement, which is restricted to imports. However, recent developments in the case law of the ECJ may bring about a change this approach. In Class International[48], the ECJ held that the external transit of grey market goods is not the use of a trade mark. Counterfeited and pirated goods under Regulation 1383/2003 are defined much more narrowly than the scope of protection awarded to owners of trade mark, copy and design rights. In Article 2 (1) (a) of Regulation 1383/2003 counterfeited goods are defined as â€Å"goods [] bearing without authorisation a trade mark identical to the trademark validly registered in respect of the same type of goods, or which cannot be distinguished in its essential aspects from such a trademark.† therefore, customs in order to take border measures have to be in the presence of a semi identical sign applied to identical goods and this is at variance with the Community law concept of risk of confusion normally resorted to in trade mark law. The definition of pirated goods, as per the provisions of Article (2) (1) (b) of Regulation 1383/2003, is the following, â€Å"goods which are or contain copies made without the consent of the holder of a copyright or related right or design right.† Further, the border measure Regulation states that the infringing goods have to be copies, whereas Community law employs the concepts of reproduction and designs. The danger with the definition in Regulation 1383/2003 is that goods blocked by customs for infringing an IPR may not be classified under this very restrictive definition of counterfeited and pirated goods. This could result in the courts being forced to hold that these goods were wrongly confiscated. This is very important because in practice the customs authorities do not follow the restrictive definitions of the border measure Regulation. The definition of goods infringing a trade mark, copyright or design right should be analogous to the definition of other infringing goods, where the Regulation takes recourse to the Community or national law. If there is a challenge to a trade mark registration for non-use, then the proprietor has to demonstrate, under both the UK law and the Community Trade Mark Regulation, authentic use in the applicable period or produce valid reasons for non use. In the trade mark LABORATOIRE DE LA MER the latest Court of Appeal decision established clear guidelines in respect of registered proprietors and parties considering applications for revocation[49]. In this case an application was made by La Mer Technology, Inc, which had registered a number of UK trade marks as â€Å"DE LA MER†; to revoke Goemar’s registration for the trade mark LABORATOIRE DE LA MER in the UK that was in respect of perfumes and cosmetics containing marine products in class 3. In the preliminary hearing the revocation application was dismissed as its use by the five sales was real and amounted to genuine use of the registered mark in the relevant non-use period. La Mer’s appeal made the High Court seek interpretation from the ECJ under Article 234 of the EEC Treaty. In January 2004 the ECJ gave its decision, wherein it held that the answers to the questions raised could be inferred from its earlier judgement[50] in the case of MINIMAX. In other words a registered proprietor of a trade mark defending an application for revocation on the grounds of non-use has to furnish evidence of genuine use in an unequivocal form and easily understood form to the tribunal considering the case, and proof that it is not for merely safe guarding the registration. A slogan, while being registered, should be accorded the same measure of scrutiny as any other word mark. In Das Prinzip Der Bequemlichkeit or The Principle of Comfort[51], this principle was upheld by the ECJ. Nevertheless, applications for slogan marks at the OHIM[52] may be objected to for being descriptive of the goods or services or for being devoid of distinctive character. The Court of First Instance held that the lack of evidence of promotional use of the mark did not signify that the slogan indicated the commercial origin of those goods or services. It also held that it was essential to consider the slogan in connection with the goods and services, and whether it was capable of being used in a descriptive or promotional context. Though the applicant showed that this mark had been registered in non-EU countries, the CFI refused to change its decision and held that the Community trade mark regime is an autonomous system and all assessments must be exclusively on the basis of the CTM Regulation, as interpreted by the Community judicature and not on precedent or on the basis of what had happened in other countries. The Board of Appeal has refused to take account of precedent slogan marks and the mark FUELING BRAND POWER[53], applied for in connection with a range of services in Classes 35, 41 and 42 was refused. The OHIM were able to show examples of third party use only of the words â€Å"FUELING† and â€Å"BRAND POWER†, separately. From the preceding it becomes clear that slogan marks are likely to be considered to be unregistrable if they are not imaginative or creative. On the basis of public opinion the OHIM considers such slogans as not having a distinctive character and this opinion is highly subjective. For this reason, registrable slogans should have a highly individualistic nature and this should be in addition to what would in general be necessary for a word mark to be registered. This is in direct contrast to the ECJ’s statements in relation to â€Å"The Principle of Comfort†. Notwithstanding this, if there is no evidence that the mark has obtained a distinctive character then such slogans may not be accorded registration by the OHIM[54]. In Signal Communications Ltd v Office for Harmonisation in the Internal Market (Trade Marks, Patents and Designs (OHIM)[55], The applicant wanted the Court of First Instance to annul the contested decision and pass such orders as would amend the Community trade mark application No 837096 to show TELEEYE instead of TELEYE. Under Article 63(6) of Regulation 40/94, the office has to take the necessary measures to comply with judgments of the ECJ. Hence, the Court of First Instance cannot issue directions to the Office. The applicants argument was based on Article 29(1) of Regulation No 40/94, which states that application for the Community trade mark and the trade mark relied on for the right of priority must be the same. In case it was unclear to the examiner that the applicant was applying for the Community trade mark with the same spelling as that used in the United States trade mark application should have been obvious to the examiner then changing the discrepancy between these two trade marks does not amount to a significant modification. In practice the importance of intellectual property rights depends on whether the holder can take effective measures to prevent others from infringing them. The right holder can not only take the infringer to court but he can also warn the infringer to desist from the acts in question. Sometimes, the main objective may be to arrive at an agreement with the infringer, in which case the right-holder will simply inform the infringer of the position with regard to IP rights and offer to discuss terms and conditions. Hence, judicial enforcement is a major test of effectiveness for the rights given by the intellectual property system. A vital necessity is that successful protection against infringement should be obtainable at reasonable cost to the right holder. However, if such effective judicial procedures are already in place then these procedures by themselves already ensure that IP rights are not violated. The right to prevent others from doing certain specific acts is the basis for the legal protection of intellectual property. A right-holder can obtain an injunction to prevent an infringer from manufacturing or distributing the infringing product, from using it or performing certain other acts. Such emphasis on the right to disallow differentiates intellectual property protection from the protection offered in other civil law matters concerning the breach of an owners rights. In civil courts the usual sanction is the award of compensation to the plaintiff for infringements of his rights which have already transpired, usually in relation to personal injury or property damage. The European domicile system was unable to generate a large body of European case law, because first, judgments revoking or cancelling a registered industrial property right had to be taken by the courts of the country for which the right had been granted. As the defendants in patent infringement proceedings generally file a counterclaim for invalidity, the prospects of internationalizing the domicile principle are limited. Divergence in the case law of the EU member states is due to the cross-border injunction. Second, hindrance to liberalizing the domicile principle takes place due to cross-border competence being limited to the courts of the country where the defendant is lives or mainly conducts his business. Such competence does not extend to the country where the infringing act occurred, which, is of particular importance to the plaintiff[56]. Complexity An infringement action brought before a Community trademark court makes it extremely easy to enforce registered Community trademarks across the whole of the European Union. In case the court decides that there has been infringement, this judgment will be imposed in all EU member states in which infringement took place. Further, the damages award will be based on all such infringing acts. Finally, an injunction against any further infringement may be obtained for the whole European Union. In November 2004 the Alicante Juzgado de lo Mercantil, acting as Community Trademark Court of First Instance, issued the pan – EU injunction in a trademarks infringement case, in respect of the selling of fake VIAGRA and PFIZER on the internet. Since the respondent was absent at the time of the hearing, the court had issued an ex parte injunction and made an order consisting of broad measures of protection. The court ordered the defendant to cease all use of terms like VIAGRA and PFIZER, in respect of the selling of any of the products in the EU, or on the internet and also ordered the defendant to desist from using the term VIAGRA as a domain name. In IMS Health Inc v Commission of the EU Communities[57], it was held that the aim of intellectual property protection is the right to exclude. On some occasions the legal capacity to exclude is referred to as monopoly. From this situation much controversy spins around the interaction of Intellectual Property Rights and Competition Law. Competition authorities have made efforts to balance the protection of intellectual property rights and market competition. Europe has taken these issues into consideration in a recent set of decisions implicating a supplier of pharmaceuticals sales data and its copyright protected data matrix. The balance between competition regulations and IP rights remains a topic for debate in most of the nations including European countries. If an IP right blocks entry into a genuinely needed facility for competing, there may be lawful public argument in order to compromise the IP right for promoting competition. However, such compromise should not be a matter of mere public convenience or a bare recommendation to the competitors, where competition is not threatened. Even IP rights serve a valuable public policy objective to encourage and reward creativity and to safeguard public interest. Policy makers should make sure that interference in the matter of protecting competition fulfils that objective instead of the less productive goal of simply making life easier for competitors.    In Anheuser-Busch Inc v Budejovicky Budvar Narodni Podnik[58], Anheuser-Busch Inc, instituted proceedings in the Finnish courts to prevent the defendant from using certain trade marks, which were claimed to have been infringed. In an appeal to the Supreme Court, the matter was stayed for making a reference to the ECJ on issues concerning the interpretation of TRIPS agreement. The ECJ held that in case of a disagreement between a trademark and sign that was suspected to have infringed the trademark TRIPS agreement will be applied, where the disagreement arose before the date of application of TRIPS but continued beyond that date. The relevant laws of Finnish trade marks had to be interpreted as far as possible in the wording and purpose of the provisions of Directive 89/04 on trade marks and TRIPS. A trade name could constitute a sign within the meaning of article 16(1) of TRIPS[59]. The exceptions to article 17 of TRIPS were targeted to make a third party able to use a sign which is similar to a trade mark that indicates its trade name, provided that such use was according to the sincere practices in industrial and commercial matters. A trade name which was unregistered but established by its use in the member state in which the trade mark was registered could be considered as an existing prior right as per the meaning of the third sentence of Article 16(1) of TRIPS[60]. The Silhouette Case This legal ambiguity has resulted in disagreements and in the case of Austrian sunglasses Silhouette, the ECJ ruled that community wide exhaustion is the appropriate interpretation in accordance with the 1989 Directive[61]. This judgement indicates that Article 7(1) of the Directive barred Member States from implementing an exhaustion regime that was wider than community exhaustion. In the Silhouette case the Austrian discount chain, Hartlauer, bought a consignment of Silhouette sunglasses from a Bulgarian company, which had purchased the goods from Silhouette International in Austria. Silhouette claimed that the sale of the sunglasses was subject to the stipulation that these sunglasses should not be re-imported into Austria. Hartlauer were taken to court, in Austria, on the charge that the trademark rights had not been exhausted. The ECJ held that the 1989 Trademark Directive was to be considered as a complete harmonization of the Member States’ rules for trademarks. In accordance to this ruling all Member States have to apply the principle of regional exhaustion. Nevertheless, such states that are in the EEA but outside the EU need not do so. Thus the ECJ has ruled that exhaustion occurs only when the products are being sold in the EEA and this establishes that the principle of international exhaustion is not applicable within the EEA if the goods had been first placed on non EEA markets. Hence, the rights owner was able to enforce its rights in the Silhouette trademark against the defendant, Hartlauer, even though these products were genuine and had been placed on the Bulgarian market with the consent of the trademark owner. The issue of consent was adjudged in the Sebago case, where it was held that consent under Article 7(1) of the Directive had to necessarily relate to each item of the product in respect of which exhaustion is pleaded. The Swedish Competition Authority, in a report, referred to the ruling of the EFTA Court in the Maglite case[62] which preceded the Silhouette ruling by six months. In this case a Norwegian company was importing Maglite lanterns from the US. The Norwegian general agent sued the importer for breach of Norwegian trademark law as well as the EU Trademark Directive. The EFTA Court held that the EEA agreement did not entail any common trade policy in relation to a third country and that a regional exhaustion requirement would severely restrict freedom of trade in respect of third countries. According to the Maglite and Silhouette rulings though regional exhaustion is applied in the EU, non-EU members of the EEA can resort to parallel imports into the EU through those countries legally. This could result in considerable legal uncertainty[63].    Bibliography.    Anderson, Ross. The Draft IPR Enforcement Directive – A Threat to Competition and to Liberty. Fipr. Retrieved from http://www.fipr.org/copyright/draft-ipr-enforce.html on September 23, 2006 Annual Enforcement Report 2004. The patent Office. DTI United Kingdom. Retrieved from http:// www.gov.uk/about/enforcement/annreport04.pdf on September 23, 2006 Case of Ansul B.V. v Ajax [2003] ECR I-2439 [2003] RPC 40 ECJ Baker W, Raymond. Case Study Belarus. Retrieved from http://www.capitalismsachillesheel.com /BelarusCaseStudyPDF.pdf on September 23, 2006 Teleye Case R 219/1998-1 Deutsche Post EURO EXPRESS GmbH v. 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