Black Bourgeoisie Essay

E. Franklin Frazier’s Black Bourgeoisie was more prophetic than many realized. Frazier, who addressed the burgeoning black middle class, expressed concern about the intra-class conflict vis-a-vis socioeconomic status of black folks. Frazier notes that the black middle class was in a rush by the 1960s to assimilate. During the Harlem Renaissance, even W. E. B. Du Bois â€Å"strategically included white judges on panels for their black literary competitions, in hopes that white approval would add luster to black achievements. † This shift that occurred was not a mass or universal one. The black middle class was still small and would not be catapulted until after the advent of Affirmative Action. According to the perspective of E. Franklin Frazier, the â€Å"Black Bourgeoisie† played an important role among American Negros for decades. Frazier’s study led him to the significant of â€Å"Negro Business† and its impact on the black middle class. Education was a major social factor responsible for emergence of the Black bourgeoisie. By fact, the net total number of the free Negroes in the first generation topped out at 37,245 with an estimated accumulation of 50,000,000 in real and personal wealth before the civil war. Free Negroes in southern cities undertook businesses in skilled labor such as carpenters, tailors, shoemakers, wheelwrights, bricklayers, butchers, and painters. The failure of the Freedmen’s Bank contributed to the slow development of the black middle class when Blacks put all their money into the Black banks and when they went under only forty percent of deposits were returned. Occupational differentiation is the change in work field for the Black class. A small professional group making up three percent of all workers had gradually become differentiated from the majority of Blacks. Occupational differentiation had proceeded slowly because Blacks were accustomed to the agriculture field and not only until the migrations to the North were had had they introduced to the industrial centers. In addition the Depression played a role in slowing up the process. Black-owned businesses are primarily service establishments simply because of the refusal on the part of white establishments to provide personal services for Negroes. The debate over true liberalism among blacks still exists. I have found the upper black middle class to be far more conservative and less active towards civil rights and social policy of late. I am concerned that the black bourgeoisie is willing to shift its focus away from the liberalism that put them in their position for racial acceptance. I believe integration is vital to a liberal society as noted by my neighborhood, friends, and place of employment; however, I do not think the black middle class should play the conservative card that carries with it values, attitudes, and behaviors that do not represent progress for all minority groups. Sure 90% of blacks vote in a solid block for the Democratic Party, but that block is not as tight as it used to be.

Pill Bug Lab Essay

Introduction The study of animal behavior is ethology. There are two basic categories of animal behavior: learned behavior and innate, or inherited, behavior. Learned behavior is when animals acquire knowledge about their behavior through experience. Unlike learned behaviors, innate behavior exists naturally in animals, meaning that animals are born with some behaviors. In order to find a suitable environment, animals use orientation behaviors. The two types of orientation behaviors are taxis and kinesis. Taxis is an animal’s natural ability to know whether a stimulus is suitable or unsuitable. Kinesis is defined as random movement that is not exhibited in response to a stimulus (Lab #12). Isopods, otherwise known as pill bugs, are scavengers that feed on dead and decaying plants and animals. Pill bugs vary in color from dark grey to dark brown and are easily recognized by their oval, segmented bodies. They are the only crustaceans that have adapted to living their entire life on land (Potter). However, pill bugs still breathe through gills; therefore, they are restricted to live in environments with high humidity (â€Å"Isopod, Pillbug, Sow Bug Information†). Isopods tend to remain under objects during the day and are most active at night. They thrive in moist shaded places: under rocks, large fallen trees, and flower pots and in moist leaf litter and damp basements. Experimental Hypothesis If pill bugs are generally found in dark environments such as under flower pots, under logs, under welcome mats, and in piles of leaves, then they will prefer the dark side of the choice chamber rather than the light side of the chamber. Experimental Design Materials -2 sheets of filter paper -choice chamber -2 lids -paintbrush -10 pill bugs -box -timer Procedures Collect filter paper, a choice chamber, 2 lids, a paintbrush, 10 pill bugs, a box, and a stopwatch. Set the materials up. First, place the choice chamber on the table. Next, position the filter in the bottom of the chamber. Then, place 5 pill bugs on each side of the chamber. Lastly, place the lids on top of each side. In order to create a dark atmosphere, place the box over one side of the choice chamber. This lab will be completed over the course of ten minutes. The main task is to observe the position of the pill bugs in two minute intervals using the stopwatch. Use the paintbrush to lead any stray pill bugs back into the choice chamber. Write down any observations and/or comments.

Sporting Violence Essay Example | Topics and Well Written Essays - 250 words

Sporting Violence - Essay Example h a hockey stick, with a blade or butt, was not a reasonable practice and fell outside the ambit of the implied consent.† (Supra note 25 at 128) and the accused was found guilty of overreacting. Major league baseball considers the commissioner to be the final arbiter of disputes between the clubs and the league and also gives it the authority to impose punishments, much like the NBA and the NHL. (Major League Agreement Art I. (1988) These powers are the result of the uniform player contract and the collective bargaining agreement, that establishes the disciplinary authority of both the team and the commissioner. (CBA of NBA, art 23; exhibit â€Å"standard club rules†) The role of the state and police, along with the courts in restricting sporting violence can be of a limited nature, and the last recourse. This position is taken, based on the fact that rough play is a part of the game, and the competitive edge coupled with the rush of adrenaline, may make players indulge in violent acts. The judges, who are called upon to arbitrate are familiar with the mentality of a sportsperson, and they may not be aware of the unspoken rules of conduct, which are a part of all sports. The role of law as arbiter, comes into focus because when a player steps over the line, if his action is not castigated by the games governing authority because â€Å"where there are obvious infractions of the criminal law, the authorities are duty bound to take whatever action is necessary to prevent a repetition of such conduct.† (R v. Henderson [1976] The court in Hackbart v.Cincinnati Bengel Inc.( Hackbart v Cincinnati Bengal Inc. 601 F2d 516 (19th Cic 1979) said ‘courts are ill suited to decide different social questions and to determine what is an acceptable level of conduct on what is much like a ‘battlefield.† and so just as there are a separate set of laws for the army it is not unreasonable to put sportspersons and sporting violence under the purview of their disciplinary bodies,

Effective Speech Assignment Example | Topics and Well Written Essays - 500 words

Effective Speech - Assignment Example The opposition to Glenn’s argument is the fact that many people think those who express so much privacy are wrongdoers and have a lot to hide. However, the fact is, everyone has things that they do privately to avoid the judging eyes of the public. There are instincts that make people uncomfortable without privacy. The privacy is required by everyone because it is human nature.He related his topic to me by addressing it directly to the audience that back in our minds we know we cannot do without privacy. We all need to be protected from the judging eyes of many who have opinions that are different from ours. That way I was able to analyze myself and realized that his point was right.His most persuasive evidence was the fact that nobody was ever willing to disclose their private information and security passwords to their emails and other private networks. His unique facts were that when everyone has the mindset that someone could be watching them, they tend to be more obedient and do the right as compared to when people are in private. To support that point, he quoted sayings from re-known people, for example, a quote that says whoever does not move does not notice this change.From Glenn’s speech, I will take away the delivery style to help in strengthening my argument, content, and delivery in my persuasive speech. His good style helps to make sure everyone understands his ideas. He also tries his best to maintain the attention of the audience. He uses the best tone to drive his message home.

The Effects of Management Style on Employee Performance Essay

The Effects of Management Style on Employee Performance - Essay Example Leadership style of management is essential in defining both the direction and the performance of an organization. However, the corporate world is full of one-directional leaders who center the whole of decision-making on them alone (Uchenwamgbe, 2013). Such leaders are authoritarian, and will only consult with the top management at best, while having the administration of the organization centered on them only. Such leaders do not invite the participation of subordinates, but rather requires them to follow orders. Nevertheless, it is important to realize that the need to have subordinates involved in the organizational decision making is not a passing fancy (Mullins, 2007). Employee participation is rooted deep in the culture of successful organizations, and no doubt continues to drive them. The other major problem affecting the corporate world leadership is the lack of authenticity of the leaders in different leadership and management capacities. Thus, such leaders fail to define t heir own style of leadership, rather trying to emulate and copy the leadership strategies of other notable leaders. In most cases, such copied leadership styles lack merit, while such leaders lacks the competency to apply the copied leadership styles to achieve the set goals and targets of the organizations (Uchenwamgbe, 2013). Once this happens, the realization of the set organizational goals, as well as giving the appropriate direction and guidance to the employees is thrown into disarray.

Spss statistical analysis Term Paper Example | Topics and Well Written Essays - 2500 words

Spss statistical analysis - Term Paper Example The quality of a lecture is measured on the ordinal scale from 1 to 100. The t-test is used for repeated measurements (Field 2009). There are two pairs of no aids-few aids and few aids-many aids and the paired t-test is performed on both of them. With the significant values of 0.006 and 0.000, both are smaller the cut off value of 0.05 the paired t-test showed that two all samples can be considered to have identical mean. In addition, lecture with few visual aids and many visual aids demonstrated significant correlation. The paired t-test revealed that there is no significant difference in the mean value of lecture quality depending on the amount of visual aids. It indicated that for all three cases an identical mean can be considered. The post hoc Tukey HSD indicates significant difference between groups of people training 6 and 12 weeks and between 6 weeks and 24 weeks. The 12 and 24 weeks groups did not show significant differences. The between-subject variable is the main sport of the participant which is defined in the first column. There are many ways to perform analysis of sport related statistical data (Williams & Wragg, 2004). This dataset contains two possible sport disciplines represented in this dataset. Independent samples test is an adequate research tool for this

Financial Crisis research paper Example | Topics and Well Written Essays - 2250 words

Financial Crisis - Research Paper Example During the period of late 1990s and the early years of 2000s, a considerable number of developing countries had deposited their savings in the investment and commercial banks of the United States of America. This provided a supplementary liquidity in America. The banks and other financial institutions had more funds than the avenues for the investment. The excessive liquidity convinced many financial institutions and banks to extend lending even to the individuals and institutions that did not have a favourable credit history. The attacks of 9/11 also contributed its part. Soon after the attacks of 9/11, the Federal Reserve found it reasonable to decrease the interest rates as it would motivate consumer confidence and increase consumer spending as well. In the subsequent parts of this paper, definition of recession is provided. Subsequent to that, the causes of global financial crisis segment have been included. It is followed by the portion encompassing the effects of the global fin ancial crisis. Before the conclusion part, lessons from the global financial crisis have also been provided. Definition Roland Reagan once said that recession is when your neighbor loses his job and depression is when you lose your job (Eslake, 2008). The recent wave of the global financial crises (2007-2009) substantially destroyed the international financial environment. And a considerable number of finance experts believe that after the Great Depression of 1929, the emergence of 2007 global financial crisis left negative impacts on the global economy. There are various authors who do not disagree to term it as the Great Recession. Recession has been defined as a period recording substantial decline across a particular economy by experiencing a real decline in Gross Domestic Product (GDP), industrial production, real income, employment and in other important pillars of the economy (Nueno, 2012). This represents that the aggregate picture of the economy does not look promising and the curve shows a downward tendency instead of going upward. Causes of the Global Financial Crisis Many causes engendered the global financial crisis. In the United States of America, the issue of the real estate bubble and the sub-prime mortgage loans fundamentally provided the root causes for the global financial crisis (Lannuzzi & Berardi, 2010). Furthermore, soon after the events of 9/11, the Federal Reserve did not increase the interest rates but decreased to the level of 1 percent with a financial objective of supporting the labor market. In addition to that, in the period of late 1990s and the early 2000s, a considerable number of developing countries from Asia and Africa diverted substantial amount of their savings to the commercial and investment banks in the United States of America (Shomali & Giblin, 2010). As a result, this excessive liquidity did not become a chance to support a formal and regulatory growth of the economy, but created the concepts such as innovative fin ance (D’Arista & Griffith-Jones, 2008). The provision and facility of sub-prime loans existed even before the emergence of the global financial crisis. In this regard, Udell (2009) highlights that the sub-prime loans were easily accessible to the loan seekers in the United States of America even before the global financial crisis. Basically, this type of loan is extended to those customers or clients who do not have

Kant's ethical theory Essay Example | Topics and Well Written Essays - 750 words

Kant's ethical theory - Essay Example Immanuel Kant is the founder of Critical Philosophy, and he is also the Father of Modern Philosophy. By applying the Critical Method to the study of Pure Reason, Practical Reason and Judgement, Kant endeavored himself to the knowledge of Man. His findings provide a wide spectrum of implications in order to establish the frameworks of Absolute Empiricism,Absolute Rationalism and Absolute Idealism In the realm of any ethical theory, there are some standpoints that can be taken, so an ethical system could be Deontological, Teleological, Consequentialist, Relativism/Subjectivism, and Virtue Based Theories. Kant’s ethical theory is purely based on duty, so it is deontological. The uniqueness and originality of his ethical theory springs from the application of the concept of Categorical Imperatives (unconditional) instead of Hypothetical Imperatives (condicional) as the philosophers before Kant used to build their ethical theories, especially in the case of Thomas Aquinas. The Cate gorical Imperatives demand to be universalizable in order to be accepted as valid guidelines for action. The concepts of autonomy and heteronomy along with the principle of treating human beings as ends in themselves, not as means, give rise to valid conclusions about respect for human dignity, freedom in every ethical choice, and the eventual state of peace that can be accomplished with such an ethical system. It lacks the presence of Unconditional Love as Kant tried by all means not to deal with the conflicts that arise out of building an ethical theory based on emotions. But Unconditional Love is much more than an emotion as it can be considered to be a Categorical Principle. 2. Defining how Kant distinguishes between autonomy and heteronomy. Autonomy is the freedom of choice without any external determination, and Kant established that it is necessary for a human act to be considered moral in itself. Heteronomy is the external determination of human acts (for example, God or a motivation based on any kind of reward or punishement) so heteronomy interferes with the freedom of choice of the individual taking away from the agent the capacity of using his/her reason as a whole human being according to the Law of Nature to act in a moral way. The implications of this standpoint about morality are summed up as follows: "If our actions are pre-determined and we merely bounce around like snooker-balls, we cannot be described as free and morality doesn't apply to us. Kant could not prove that we are free - rather, he presumed that we could act morally, and for this to be the case we must be free. He also thought that it followed that there must be a God and life after death, otherwise morality would make no sense." (RSRevision.Com, 2006). 3. Explaining Kant's formulation of the "categorical imperative." A categorical imperative is an unconditional motivation to act morally as a free agent. This concept is very useful from a practical viewpoint since actions guided by a categorical imperative are free from speculations or dogmatic interpretations. That way our actions are morally correct, and they are good in themselves since they are valid for everybody according to the universalization process explained by Kant. Those actions spring from the good will of man since the main motivation is a strong sense of duty. Some of the formulations of the categorical imperative are the following: "Act only on that maxim (intention) whereby at the same time you can will that it shall become a universal law" () "Always act to treat humanity, whether in yourself or in others, as an end in itself, never merely as a means." (Philosopher.Org, no date). 4. Explaining how adherence to the categorical imperative provides for autonomous ethical choice. Whenever we are faced with conflictive choices the categorical i

Evaluate Bribery in the context of International Strategic Marketing Essay - 1

Evaluate Bribery in the context of International Strategic Marketing - Essay Example in -- in other words, to "do as the Romans do." When a corporate official is faced with real situations abroad, this advice can give rise to conflicts and ambiguity, when actual situations require responses which are incompatible with the ethical norms in the home country. Payment of a tip to a government official or employee in the home country intended to facilitate licensing can be considered bribery, and therefore subject to legal consequences, at home; however, in a foreign country it may be a standard operating procedure that can facilitate and expedite action. The cost of refusing to comform to local practice can be result in significant losses which are disproportionate in relation to the small amount of "bribe" money. The international marketer can face a difficult dilemma when he has to respond to situations where there is no local law, where local practices forgive a certain behavior, or the companywilling to â€Å" do what is necessary† is favored over the company that refuses to engage in practices that are not ethical. The issue of bribery and corruption is not extensively covered in international or global marketing textbooks. The subject is often located under the rubric of legal environment (subtopic: ethics and regulations); cultural environment, (as in Hill 2005; Verna and Sarathy 1993). Or it is discussed as part of international promotions (Verna and Sarathy). For the most part the subject presents the the relevant US statute (FCPA) and analyzes its features and implications for the business person and marketer. A more comprehensive treatment, including its history and philosophical basis is found in textbooks dealing with the business environment (such as Baron 1997) and legal environment (such as Jennings 1997). This study will deal with the issue of bribery from the Western viewpoint, particularly that of the United States, being the first country to enact a law prohibiting its practice by its companies abroad. The Foreign Corrupt

Answering one of the following questions Research Paper

Answering one of the following questions - Research Paper Example However, citizenship to any state comes with duties and responsibilities and USA is not an exception. Becoming US citizen occurs through two significant processes including being born in USA when the parents are American citizens. Another way for foreigners is by naturalization. This involves an application to become US citizen after staying in USA for some time. The great depression affected US policies through the implementation of then president Franklin Delano Roosevelt in his New Deal1. Before the great depression on October 29, 1929, when stock market crashed, American citizens had adopted a new lifestyle of spending more on consumable goods. At the same time between 1922 and 1928, many Americans estimated at 1.5 million had bought stocks while seeing it as an easy way to make ‘fast’ money2. American women had no rights of choosing lifestyle such as smoking. In 1904, one woman was arrested for smoking in public in New York City3. In the period before the depression, American women and their children’s citizenship depended on their race and marriage. Under the naturalization act of 1907, any American born woman would lose her nationality citizenship if they were married to noncitizens. In addition, during the period between 1855 and 1930s, children born overseas to women born in United States did not automatically become US citizens but they would only if their fathers were Americans4. The constitution mediated the nationality of women through races and marriages. In the early 1930s, women through use of women’s group pressured for removal of the barriers to independent nationality. In early in 1700s, aliens obtained US citizenship by living in the country for a minimum of 5 years. This allowed African-Americans taken as slaves to obtain American citizenship. The process involved two sections of 3 years staying in US then applying to become citizens. Two additional years were required to petition application in court. Between 1900 and

WiFi RealTime Location Tracking Systems Essay Example for Free

WiFi RealTime Location Tracking Systems Essay Wrireless networks has affected large and small companies alike. While Radia Frequency Identification (RFID) tags based networks have gained popularity over the years, there are also other wireless networks available that are being tested in order to provide same functionality and more. Wi-Fi and blue tooth are two of the examples of such networks. This short paper discusses the use of Wifi. Wi-Fi Networks WiFi generally comes under the umberalla of RFID. WiFi ID is actually an active RFID system that uses the air communication standard 802. 11. There are also other active RFID systems that use standards other than 802. 11 and operate on different frequencies. One of the important aspect of this scenerio is to understand thje difference between the RFID tags and Wifi tags. RFID Tags vs. WiFi Tags In order to use passive RFID tags, you need to have reader after every few feets to read the tag. For active RFID tags a radio sensor needs to be deployed that uses different technologies to sense the tags in order to determine the location of the tag. Antennas are also required. This means that you need to built an infrastructure to deploy both types of systems. Like Best Buy is doing. When you are using a WiFi based system that are aslo called Real Time Location Systems (RTLS), you only need to set up the WifFi network in the company and can use any underlying technology in order to make it work. RFID tags can also be used here, but adavnatge is that you dont need to set up the RFID network infratsurcture that you needed to incorporate before. In RFID tags, for short range identfication, High frequency tag is used and for short range identification, active UHF tags are used that operate on 900 MHz or 433 MHz. Both these type, as discussed require a complete insfrastructure to be built. However, WiFi operates on 2. 4 GHz. These 2. 4 GHz can be used in the network. For a company like BestBuy, choosing WiFi has an extra advantage that it will already have 802. 11 network infrastructures in place and this will save money for the company. The only things they need to buy are the WiFi tags. Applications The WiFi network infrastructure can provide many application to the companies like BestBuy and some of them include location-based network access, intelligent information management and wireless asset tracking. The WiFi tags can exactly point out the location of the tag. This can also mean that customer walking into the store can have the contents on his PDA according to the position where he is standing. Statistical reports can be generated n the basis of information of how much time a customer spends at a particular location and what consequences this can have using data mining techniques. Once the tagging has helped a customer locate items and a shopping list has been completed, the system can store this list for future reference to the particular customer. The underlying software can prepare a probable list of items for that particular customer. Another important application of WiFi tags can be theft prevention. For example, if a certain item is to be protected, the system will attach a flag to it whenever it is taken from the shelf and added to a cart. The system can then track the item until it reaches the check out line. If the item does not reach the check out line and leaves the store, it will be an indication of a theft and action can be taken against the customer. Therefore, the WiFi network can be employed for security of valuable assets as well. Therefore, WiFi tags can be used beyond item tracking systems such as inventory control systems to easily manage large inventory. References ABI Research. (2006, October 23). Active RFID and Wi-Fi in the RTLS Market: Asset Management for Automotive, Defense, Healthcare, and Transportation Vertical Markets. Retrieved March 13, 2008 from http://www. abiresearch. com/products/ market_research/Active_RFID_and_Wi-Fi_in_the_RTLS_Market Garfinkel,S. Rosenberg, B. (2005) RFID: Applications, Security, and Privacy, Addison Wesley Professional. Kowalke,M. (2006, October 23). RFID vs. WiFi for Hospital Inventory Tracking Systems. Retrieved March 13, 2008 from http://blog. tmcnet. com/ wireless-mobility/rfid-vs-wifi-for-hospital-inventory-tracking-systems. asp RFID Radio. (2007, July 17). Episode 005 Making Business Sense of Real Time Location Systems (RTLS). Retrieved March 13, 2008 from http://www. rfidradio. com/? p=12 Sullivan, L. (2005, October 17). InformationWeek. BEST BUYS SPIN ON RFID. Retrieved March 13, 2008 from http://www. informationweek. com/ story/showArticle. jhtml? articleID=172300921

Human Rights In A Democratic South Africa

Human Rights In A Democratic South Africa In the South African Constitution, citizens are given many different rights. The right to education is specifically important because it builds and largely determines the future of the next generation. Since I am in a privileged position regarding education, attending a private school, I have decided to research the right to education of all South Africans. My aim is to find whether the right to education which are guaranteed in our constitution to both children and adults are realised in the daily lives of all South Africans. My research is focused on high school education (i.e. Grade 8 to Grade 12). This is the phase which forms the foundation for Matric results. Analysing the Grade 12 results across all sectors of our population along with other primary and secondary sources will give a good indication of whether the right to Education is realised in South Africa. I predict that the rights to education are not fulfilled across all races and income groups in South Africa. Review of Literature The research done on existing information regarding the right to Education in South Africa has been studied and is discussed below. The following secondary sources include a combination of angles ranging from the Bill of Rights, the Popular Media (focusing on the recent Limpopo textbook crisis) and Education Statistics of the last few years. There are many different viewpoints regarding Education in South Africa, some highlighting the corruption and inefficiency, some focusing on the transitional phase we seem to be in, and others looking only at the successes. Education is perceived in such different ways because different audiences look at different aspects of the whole, i.e. the teachers, the pass rates or governmental management. Looking holistically at the entire situation will produce a clearer and more objective result. Source 1: The Constitution of South Africa, 4 February 1997, Chapter 2 Bill of rights, Section 29 Education When a careful study is made of the rights to education as stipulated by the South African Constitution, one finds that every child and adult has the right to basic education as well as further education. The state is primarily responsible to provide the infra-structure in which its citizens could be educated. This implies that the state should provide sufficient school buildings, enough capable teaching staff to ensure a healthy teacher-learner ratio, textbooks and other educational materials. The education system should be free from discrimination on the basis of race, gender and language. Education should be made available in all the official languages where at all practically possible. The education system should also make room for independent institutions which are registered with the state and provide standards comparable to that of public educational institutions. Source 2: Articles by Greg Nicolson from the Daily Maverick 2.1 Limpopos education crisis: The price of incompetence and corruption It is vitally important to have an education system which can be trusted. This article deals with explaining the politics behind the Limpopo textbook crisis. During a tender process advertised by the Limpopo education department there were 23 possible tenders of which 22 were immediately disqualified on the basis of technicalities. From this there was later found that the one which was accepted, EduSolutions, had been pocketing money from the government throughout the process and has left the Limpopo schools without the necessary textbooks and learning materials. 2.2 SAs education crisis: Limpopo STILL without books A recent discrepancy in the Limpopo education department has exposed the education system as corrupt and incompetent. However while the issue is being investigated and addressed a large amount of Limpopo students were left without textbooks and were unable to continue any learning. The seriousness of this situation lies not only in the fraud but the inadequacy of the manner in which students were left without any means to education until the middle of the school year. While the whole event has become a political issue there is still no answer to the problems which the students face in their battle for proper education. Source 3: Is South Africa fulfilling right to free education for all right? April 10, 2011  · by Akanyang Merementsi  · in Media, Society This article discusses education in the world and in South Africa and compares the standard of education between South Africa and the world. Not only is focus put on the importance of education as a human right but it also makes the reader aware of the large high school dropout rates and the negative effects thereof. The article discusses A4 as a model of assessment which the education department needs to adopt in order to function effectively. A4 is Availability, Accessibility, Acceptability and Adaptability. These four traits are vital in the department of education in South Africa. Source 4: The South African Department of Education Action plan 14 June 2003 and Strategic Plan 9 March 2011 In 2003 the South African education department confessed to a failing education system and set up a plan of action in order to rectify and improve the education system. It set guidelines in order to help in areas which through community debate and school statistics had been found wanting. However, it is now almost 10 years later and this Action Plan is still needed. Similarly a Strategic Plan has recently been drawn up for education in 2011 to 2014 (published on 9 March 2011). The need for both of these plans highlights the shortcomings in the South African education system; fortunately there is a plan to fix them. For this plan to be effectively deployed, the basic education system needs more than paperwork. What ultimately happens to the children in South African schools is that they are left without means to further education while administrative issues are being addressed. The plans are there, but they are simply not being carried through. Source 5: Reinvent local education now by Jon Tullett, Editor: News analysis, 11 Jul 2012 This source uses several points ranging from the Limpopo textbook crisis to our educational world rankings to discuss the importance of a reinvented education system and the current lack of basic education in South Africa. Certain issues are addressed and possible solutions mentioned in order to move South Africa forward in education using its resources and technology. Recently South Africa was ranked out of 142 countries In the World Economic Forums Global Competitiveness 2011-2012 report. South Africa is in position133 regarding the quality of the education system and in position138 for the quality of maths and science education. These are not good statistics and clearly show a fault in the education system. As we are behind countries such as Zimbabwe this quote from the article relates to many South Africans: When you think of some of the poverty-stricken, war-ravaged, desolate countries in the world, it is sobering to think they are all better than us. Source 6: Education statistics 2010 Published by the Department of Basic Education February 2012 6.1 Ratios, indicators, page 6 Statistics can be used to deduce several facts; in this case ratios are presented to show the effectiveness in numbers of the education department in South Africa. Specifically the ratios are the learner-educator ratio (LER), learner-school ratio (LSR) and educator-school ratio (ESR). The LER in 2010 was 29.3:1 and unfortunately increased to 32.2:1 in 2011. In 2010 the LSR was 474:1 which then also increased to a ratio of 484.5:1 in 2011. In 2011 the ESR had decreased to 16:1 from 2010s 16.2:1. These ratios (The LER, LSR and ESR) are that of the Public and Independent schools throughout South Africa. 6.2 National Senior Certificate (NSC) pass rates When considering whether the right to education is fulfilled in South African high schools it is vitally important to look at the level of education provided from the beginning and throughout the course of Grade 8 to Grade 12. Nonetheless, the level of education can only really be clearly seen through studying the Grade 12 National Senior Certificate pass rates and related statistics. The overall national pass rate in 2010 in the NSC examination was 67.8%. Although throughout the country more females than males wrote the NSC examination, the pass rate for males was higher than that for females. There has been an increase from 62.5% (2008) to 70.2% (2011) in Grade 12 final results in the last 4 years which is a good statistic but considering the level of education it is debatable that pass rates are higher due to a lowering in education standards as will be discussed below. Source 7: Rippling effect of the lowering of standards of basic education 18 July 2012, Varsity SA The main purpose of the South African education department should not be merely educating students but to equip learners with that which is necessary to not only pass Grade 12 but also to be educated enough for further studies. This is important because it is these students who will be responsible for carrying the country and taking over the South African economy thus students need further education and they need to be well enough equipped for further education. This article from Varsity SA raises concerns about the lowered NSC standards which have led to an increase in pass rates. It is currently required that a student only receive 30% (thus knowing only 30% of the syllabus) in order to pass the NSC. Universities have become very unhappy with the large gap in standard between Grade 12 and first year of University studies. This has a large impact on the country as a whole. According to Statistics South Africa there are 4.24 million unemployed people in South Africa. If the standard of basic education continues decreasing it will result in unemployment increasing and not decreasing as expected by government. Unless the education standards are raised the target set by government will not be achieved. Methodology When referring to the topic of Basic Education as a human right in South Africa at high school level, it is clear that research should range across all provinces and schools. Results obtained from a few questionnaires would not clearly and honestly propose a result to the hypothesis of education as a Human Right. Therefore, other means of information, specifically secondary sources, needed to be collected and analysed. The secondary sources collected provide a wide range of ideas and opinions about the education system as well as facts and statistics from a variety of sources. The secondary research conducted was from newspaper articles and internet research. South African education has been the focus of many newspapers, magazines and of the community as a whole, especially with the Limpopo textbook crisis and statistics which were released this year. Gathering research thus became a daily job of listening to news reports, social debates and community discussions. Most of the research ideas come from discussing the topic with people, be it teachers, students, parents or any other South African citizen. Education touches every single South African in one way or another thus it is vitally important to hear what South Africa has to say about education and how it impacts their lives. Articles seen online and in newspapers were recorded and every time a new issue about education was raised the topic was recorded. Then internet research was done on the list of information and the articles found. More online research was done in order to gather other sources and specifically statistics from done surveys and from Statistics South Africa. Both quantitive and qualitive data is used; quantitive data such as statistics and ratios and the qualitive data include reports, articles, opinions, interviews and other literature. Considering the large gap between high school education and university education it was important to have first hand research of the level of students entering university. A senior accounting lecturer of the University of Witwatersrand, Mrs. Belinda Breytenbach, was contacted and an interview set up. Here further insight into the shortcomings of the education system was revealed. Interview questions: Do you believe that the right to education in South Africa for high school students is being fulfilled? Why or why not? Is it true that there is a growing concern regarding the cognitive abilities of first year students who have completed the NSC? Could you describe the academic level of the first year accounting students in general? What would you say is the single biggest need among students academically? How high are the university dropout rates and do you believe that they are increased due to the education students receive in high school? Is there cause for concern about the lowered standards which increase the pass rates of learners writing the NSC? With English being the medium of instruction how would you rate the proficiency of the average first year student? What do you believe are the main areas of concern in the basic education system of South Africa? Do you encounter difficulties in your field of work which is due to the lack of proper education for high school student? Do you believe that education in South Africa is viewed more negatively due to stereotypes? Are there enough opportunities for students who do not receive university acceptance? Do you think that the large amounts of students who after receiving the NSC do not receive university acceptance directly increase the unemployment rate and affect the South African economy? If so, why? What would you suggest the South African Department of Education do to further the education system? Processing of findings The majority of research material is secondary sources. Therefore conclusions and results need to be taken from the literature, graphs and ratios used. From this graph it is clear that by far the majority of learners in South Africa attend Public Schools. For this reason it is vitally important that the South African Education System is successfully fulfilling the basic right to Education as set out in the Bill of Rights. Below all the sources from the Literature Review are analyzed and interpreted in order to determine whether this right is fulfilled throughout the country. Studying the Limpopo textbook crisis, it is quite clear that corruption and a lack of integrity caused learners to suffer great loss in terms of learning materials and eventually in terms of time wasted. There is still no clear plan of action for the successful delivery of learning materials for 2014. Ultimately both articles prove the point that government officials are more concerned about playing politics than about the actual education of learners, who in turn become the victims of dishonesty. The Education Department should have a careful look at their priorities and put the learners first. When comparing South African Education to the rest of the World, South Africa has the fifth worst education system of all the countries reviewed. This puts us behind a country such as Zimbabwe, which in itself should raise grave concern. The current education system disappoints in terms of delivery of results as well as in terms of development. It is quite clear that the academic discussion of the problem has been done and the answers are on the table, however, the implementation of the Strategic Plan calls for responsible individuals to be monitored by the system. The SA Education Department has the tights ideas but has not succeeded in bringing them into action. This in itself might be a result of inferior teacher training procedures and highlights the need for proper education on a secondary and a tertiary level. Too much time is spent on the administration and discussion of the problem, and too little on the actual implementation and monitoring of the system. When analyzing the current education situation it is important to interpret ratios and statistics. Between 2009 and 2010 the Learner Educator ratio increased which means that teachers had bigger classes and more learners had less individual attention from the teacher. The Learner School ratio also increased, highlighting the need for more school buildings. The Educator School ratio decreased, showing that although learner numbers increased, the amount of teachers decreased. These ratios are an indication of the negative development of the entire system, adding unnecessary stress and workload to teachers. The Grade 12 results of 2009 and 2010 are displayed below. At first glance the increase in pass rate looks positive. However, the actual number of students who performed better did not increase, but the requirement to pass decreased to a lower standard and therefore the pass rate increased. In an interview with a senior accounting lecturer from the University of the Witwatersrand, Mrs. Belinda Breytenbach, the following information emerged: High School education is not adequate and many learners are taught by unqualified teachers. Lecturers sit with the problem of students not having the necessary language or mathematical skills to understand the work content. This makes teaching very difficult and emphasizes the need for better education on a higher standard. One of the biggest problems is a lack of English proficiency. When looking at the university dropout rate and the level of comprehension of these students, it is certainly cause for concern. Dropout rates are high and pass rates are low among first year students. When looking at Mrs Breytenbachs answers to the questionnaire, the deduction is made that Education on a tertiary level is severely hampered by inferior teaching on a secondary level. Interview Response: Do you believe that the right to education in South Africa for high school students is being fulfilled? No. Why or why not? Several factors contribute but among them is the inadequacy of education, the need for schools and qualified educators. The textbook crisis is another example. Is it true that there is a growing concern regarding the cognitive abilities of first year students who have completed the NSC? Yes, First year accounting pass rates are low. The mathematic and english skills of the students are below the required standard. Could you describe the academic level of the first year accounting students in general? It is definitely below the expected level at University. We find that most students are on about a Grade 10 and 11 standard and this makes teaching more difficult. What would you say is the single biggest need among students academically? English reading and writing skills. Students struggle with writing and have extreme difficulty with their comprehension skills. How high are the university dropout rates and do you believe that they are increased due to the education students receive in high school? Yes I do, the dropout rate is relatively high for university (+ 30 40%). Is there cause for concern about the lowered standards which increase the pass rates of learners writing the NSC? Yes, people are less equipped to pass at University. With English being the medium of instruction how would you rate the proficiency of the average first year student? English is poor. The majority of students are not first language English speakers. What do you believe are the main areas of concern in the basic education system of South Africa? The education and qualifications of the teachers themselves along with the fact that many learners are passing to the next grade/level without actually having the required knowledge. Do you encounter difficulties in your field of work which is due to the lack of proper education for high school student? Yes, they cannot grasp the accounting concepts due to a lack of English skills along with basic mathematical and accounting knowledge which although required is not actually present. Do you believe that education in South Africa is viewed more negatively due to stereotypes? Yes, but it is not only due to stereotypes. The lack of proper education is a problem I deal with on a daily basis at the University. Are there enough opportunities for students who do not receive university acceptance? Yes, the opportunities exist but students are not equipped well enough and simply do not always use the chances they are given. Do you think that the large amounts of students who after receiving the NSC do not receive university acceptance directly increase the unemployment rate and affect the South African economy? Yes If so why? Many students have passed grade 12 and have received the NSC but the level is too low and thus students cant get university acceptance and are not well enough prepared to be able to work as part of a growing economy. What would you suggest the South African Department of Education do to further the education system? Ensure that teachers are properly qualified. Try to focus on separating politics and education in all aspects. Provide more schools and opportunities. One way of doing this is by joining in on projects similar to one we run at the University of Witwatersrand, it is called the Wits Soweto schools project and it is where university lecturers go to help tutor school children in rural or underprivileged areas. Conclusion Having studied the education system in South Africa over a period of month and with the help of primary and secondary sources, a conclusion has been reached. As predicted in the hypothesis the human right to basic education in South Africa is not fulfilled on a satisfactory level nationally. There are not enough school buildings, there are not enough qualified teachers, learning materials do not always reach the learners and ultimately the level of education is too low to prepare learners for tertiary studies. There are many different reasons for the current problems within the Education System, and one of the biggest reasons is that unqualified teachers teach, which perpetuates the problem. This national problem needs to be addressed with a long term view, creating opportunities for staff development, improved teacher training and careful administration of resources and programs. The strategic plan should be actively enforced and the priority of the South African Education Department should be the learners. The system needs to be constantly reviewed and adjusted in the light of international standards. It is imperative that weak learners should be supported and helped to achieve, rather than to lower standards in an effort to increase pass rates. The biggest limitation of the above discussion is that there is no reference to children who are not even part of any schooling system and not accounted for in any statistics. Several of the secondary sources could be biased as it is written from an individuals perspective although facts and statistics were used. Doing this research project has opened my eyes to the complexity of the South African situation with particular reference to the education system. It does not have a simple solution; neither does it have a single contributing factor. There are numerous problems interlinking causing even bigger problems and one would need great wisdom, huge resources and a lot of determination to even begin addressing these problems. Great leadership is needed in this regard. Reference List Newspaper articles: Nicolson, Greg. 2012. Limpopos education crisis: The price of incompetence and corruption. The Daily Maverick. 18 July 2012 Nicolson, Greg. 2012. SAs education crisis: Limpopo STILL without books. The Daily Maverick. 17 July 2012 Websites: Merementsi, Akanyang. 10 April 2011. Is South Africa fulfilling right to free education for all right?. Media Society. http://akanyangafrica.wordpress.com/2011/04/10/is-south-africa-fulfilling-right-to-free-education-for-all-right/. 6 July 2012. Nicolson, Greg.17 July 2012.SAs education crisis: Limpopo STILL without books. The Daily Maverick.http://dailymaverick.co.za/article/2012-07-17-sas-education-crisis-limpopo-still-without-books. 1 September 2012. Nicolson, Greg. 18 July 2012. Limpopos education crisis: The price of incompetence and corruption. The Daily Maverick. http://dailymaverick.co.za/article/2012-07-18-limpopos-education-crisis-the-price-of-incompetence-and-corruption. 1 September 2012 Right to education project © 2008. The Constitution of South Africa. Right to education project.http://www.right-to-education.org/country-node/522/country-constitutional. 22 June 2012 The South African Department of Education. 14 June 2003. Action plan. The South African Department of Education. http://www.education.gov.za/LinkClick.aspx?fileticket =IBMz%2FjGelkc%3Dtabid=390mid=1124. 4 September 2012. The South African Department of Education. 9 March 2011. Strategic Plan. The South African Department of Education.http://www.education.gov.za/LinkClick.aspx?fileticket= %2F%2BBILaBJ7ak%3Dtabid=80mid=585. 4 September 2012. The South African Department of Education. Feb 2012. Education statistics 2010. The South African Department of Education. http://www.education.gov.za/EMISSTATISTICS /StatisticalPublications/tabid/462/Default.aspx. 22 June 2012. Tullett, Jon. 11 Jul 2012. Reinvent local education now. It web. http://www.itweb.co.za/index.php?option =com_contentview =articleid=56651. 13 August 2012. 18 July 2012.Rippling effect of the lowering of standards of basic education. Varsity SA. http://varsitysa.co.za/fun-stuff/articles/rippling-effect-of-the-lowering-of-standards-of-basic-education/.7 September 2012. Interview: Senior lecturer of Accounting from the University of the Witwatersrand Belinda Breytenbach. Tel:0832934350

Importance of intellectual property rights

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

Kids and Social Networking: Pros and Cons Essay -- Facebook and Pretee

In 2010, 57% of kids used the internet at home, and 85% had access to a computer at home (Child Trends, 2012). In 2012, the National Consumers League reported that 32% of children ages 8-10 and 69% of 11 and 12 year olds had their own cell phone. Of these, almost 50% could access the internet through their phone. In addition, children have access to everything on the internet at the touch of a button through newer technology, such as the iPad, iPad mini, mp3 players, and iPod Touch. And with devices like the iPod, parents may only think about it as a music device and not realize that they are opening the whole internet to their child. It is estimated that there are about 5.6 million Facebook accounts that are used by children 12 and under, and this is only one social networking site. Parents and school personnel need to be knowledgeable and ready to instruct children on the best and safest way to use and benefit from the internet. Benefits of Social Networking for Peer Relationships Research has shown many positives and negatives of social networking for children in the 9-12 age group. For those who have heard mainly about the risks and challenges, it may be surprising to learn there are many benefits social networking sites can add to social development. The following are some examples researchers have reported: Social Networking can help children 1. who may be isolated in their own community, such as those who have interests beyond what is available locally or who have a disability that limits physical contact with peers, find compatible peers and build an otherwise unavailable sense of community (Steward, Barnfather, Magill-Evans, Ray, & Letourneau, 2011) 2. who are â€Å"only children† o... ...& Letourneau, N. (2011). Brief report: An online support intervention: Perceptions of adolescents with physical disabilities. Journal of Adolescence, 34(4), 795-800. Subrahmanyam, K. & Greenfield, P. (2008).Online communication and adolescent relationships.The Future of Children, 18(1), 119-146. Valkenburg, P.M. & Peter, J. (2007).Preadolescents’ and adolescents’ online communication and their closeness to friends. Journal of Developmental Psychology, 43(2), 267-277. Valkenburg, P.M., Peter, J., & Schouten, A.P. (2006).Friend networking sites and their relationship to adolescents' well-being and social self-esteem.Journal of CyberPsychology and Behavior, 9(5), 584-590. Valkenburg, P.M., Schouten, A.P., & Peter, J. (2005). Adolescent identity experiments on the internet. Journal of New Media and Society, 7(3), 383-402. Author: Jessica Krier

The Progressive Era?s influence on the New Deal Essay example -- essay

The accomplishments taken place upon the onset of the many New Deal legislations owe much to the seeds implanted and unknowingly disseminated by the pre-WWI Progressive movement. Sparked by the new image as a world power, industrialization, and immigration at the dawn of the new century, a new found reform movement gripped the nation. With the new found image of the nation and world as a whole, the reforms advanced the position of the previously ignored people of the nation, as did its reincarnation and rebirth apparent in the New Deal. Although the first signs of this pristine Progressive movement shone since the mid-1800s, no one had cleared the way for its momentous effect upon the nation in the same degree as Theodore Roosevelt. Although at times hot-tempered and brash, his charismatic attitude pushed forward many of the original progressive legislations. For example, his Sherman Anti-Trust Act proposed the life of a trust should be based on its history and actions, since he believed â€Å"good† trusts existed along with â€Å"bad† ones. Next, the Elkins Act proposed railroads and shippers to offer rebates illegal. They also had to have fixed rates, and couldn’t change without notice. Also, the Hepburn Act gave ICC the power to set maximum railroad rates. Next, of course because of the impetus for reform provided by the many socialist writers, such as Upton Sinclair, was the landmark Pure Food and Drug Act and the Meat Inspection Act, protecting the health and safety of consumable products a nd establishing the Food and Drug Administration. He also wished to preserve the untainted countryside, and established the National Forest Service and also strengthened the Forest Bureau. He also passed the Newlands Act which helped to create subsidies for irrigation in 16 western states. The actions taken by Theodore Roosevelt proved to throw the Progressive movement into the mainstream of the nation, showing its true, ingenuous face. When Theodore Roosevelt’s successor, William Howard Taft, failed to continue Roosevelt’s ongoing charismatic progressivism, both were bested by the newcomer, Woodrow Wilson. Although not receiving a majority in the vote, he, nonetheless, knew the country still ached for the progressivism it jubilantly basked in for so many years, which he called his "New Freedom." Immediately, Wilson went to work on what ... ...r labor issues of all ages, all fronts were attacked with full pride and confidence. Abandoned or diverted projects in the Progressive movement included many other reform issues that were reinstated during the New Deal. During the New Deal, legislations passed greatly improved the stature of many people who suffered great injustice prior to the Depression and especially during. The Progressive movement, at one time led by Woodrow Wilson and his crusade â€Å"triple wall of privilege,† compares directly to Roosevelt and his â€Å"three R’s,† both crusading for justice against the ignorance and deception taking place against the ordinary man. These everlasting accomplishments to improve the nation were all completed by the determination and perseverance of the reform groups of the Progressive era, which lay the groundwork for the New Deal, and Franklin Roosevelt, providing a resurgence for what the Progressive movement couldn’t accomplish. Resources: 1. http://www.geocities.com/dave_enrich/ctd/3p.roosevelt.html 2. http://www.socialstudieshelp.com/USRA_Progressive_Presidents.htm 3. American Pageant text

Cell Phone Use while Driving Essay -- safety control, accidents

For many years Safety Control has determined to ban the use of cell phones while driving within the community. American society would be much safer if cell phones were banned while driving. Benefits of cell phone use during roadside emergencies, car trouble, obtain personal information, or even navigation; however, it may lead to running red lights, drifting across lanes, or worse, causing accidents. Phones can do so many things, but most importantly they allow you to connect to emergency service. Its mot needed during roadside emergencies such as ambulance, police and firefighters. Studies have shown that the use of cell phones in emergencies situations, such as calling for ambulance, has improved its mortality rates. (Journal of Emergency Medicine 1) An example of this would be seeing an accident ahead of you and pulling over to call for ambulance service. Also if one sees a confrontation that might become deadly, a cell phone would definitely help. There are so many reasons for cell phones being needed while driving such as, you can also contact the firefighter station in case of a fire. Having a cell phone would be beneficial in case of a car break down. An example of a car break downs would be running low on gas, engine overheating, transmission failure or a blow out. All of that sounds terrible, but thanks to cell phones people can now call for roadside assistance. Roadside assistance for example would be calling a tow truck o take you to the nearest auto mechanic or a transmission shop or simply needing assistance in changing a tire. In addition to their benefits to using a cell phone on the road, Matt Sundeen reports that drivers with cell phones place an estimated 98,000 emergency calls each day and that the cell phone ... ... pass a law that bans this practice. Regardless of whether the phone is hand-held or hands-free, there is a lot of strong information and evidence that the actual task of conversing on a cell phone distracts drivers on concentrating on safety. For examples, drifting into another lane, and running red lights are reasons why the government needs to pass a law. People caught texting or using a cell phone while driving should lose their licenses for one year. Works Cited Austin, Michael. Texting While Driving: How Dangerous Is It? Car and Driver. June 2009: Magazine. Richtel, Matt. Drivers and Legislators Dismiss Cell phone Risks. 18 July 2009. Web. 10 January 2014. Snyder, Edgar. Texting and Cell Phone Use Statistics. 2012. Web. 22 January 2014 Wilms, Todd. Its Time For ‘Parental Control, No Texting While Driving’ Phone. 18 September 2012. Web. 14 January 2014.

English Original Writing Coursework

Wake up, Awaken every tingling inch of your body to engage in an experience so saturated with nirvana that you'd think you were dreaming. The ocean sparkling like a gallery, putting its most prized gems in the reach of the common man. The sun shines like a perpetual red carpet, spread out across the entire beach. Absorb the sun. Taste the tranquillity. Savour the serenity. A slow burn scorches your feet, but there's always a price to pay even for the unexplored nirvana exposed in it's purest form. The heat merely pushes you forward by means of a slow blistering pain. Seeing through the veil of sunshine, you spot a series of rocks huddled together, forming a cliff; the very cliff that you will release yourself from. Release your demons, forsake them, and cast them into the sea. No more writhing sense of loneliness. No more craving for a deciphering of your soul. The real world does not exist here, neither do your problems. All that exists now is the sunshine that warms you up from the harsh cold of life. The serene sight of a thousand diamonds scattered over blue plains. The smell of salty seas will soon to leave you dripping and soaked with euphoria. You hear the seas calling with its thundering waves. The sacramental sea of happiness gently cleanses all your traumas. Though you don't seem to be the only one who stumbled on this goldmine, you are the only one that can comprehend its beauty. You were chosen, to feel the exquisite chills down your spine that none of your peers ever will. Welcome to your very own pseudo-narcotic experience. Side effects may include a possessing urge to never leave. You may leave the experience, but it will never leave you. Preying on your mind, this memory will be your most constant cause for procrastination. Transfixed and hypnotised, you make yourself a primitive bed-like stage of consciousness as you cross the bridge of clarity, built with time. As you watch the sky turn from merry to melancholy; from illuminating blue to mesmerizing orange and before it gets a chance to turn pitch black, you hear the sound of a barrage of cleansing bullets. Stretch out your hands, open your mouth, embrace nature in its truest form. Prepare yourself. The rain creeps up into you, injecting you from all sides with a high you've never felt before. As you lie on the cliff, embracing Mother Nature, free of troubles, the sun takes refuge. Behind the blanket of clouds at first and gradually the supposedly everlasting bed of light disappears beyond the horizon. The waves crash through the silence of the dead night like a wrecking ball through the crumbling pillars of tranquillity. Every wave crashing down is yet another chant calling for you to be enveloped in the mysticism of a nocturnal paradise. Every raindrop to bless your tormented skin is another reason for you to stay. Your feet reap the reward for bearing the burden of heat soothing itself in the cool soothing sand. So soothing, you couldn't dream of achieving this in a hyper-real lucid dream. The rain had done its job, showering its blessings on you, making yourself one step closer to transcending into a state of consciousness that acts as nothing less than a gold-mine of serenity. You rise up, and let go of everything that you've ever known. All that guides you now, is animalistic instinct. You're literally soaked in bliss and this will be a moment that you remember, your tongue tasting the rain and your feet embracing the cold mix of hard rock and sand. Unclench your fists; let the colour come back to your palms. And holding your hands out to all of the Earth, you run. Your feet thudding and leaping between tiny gaps between rocks, spaces big enough to let your foot get trapped there; yet, unsurprisingly, nothing happens. And reaching the peak of this sacramental cliff, your adrenalin reaches inhumane levels as you take one last dive into the never-ending abyss of serenity. You wish you could slow down the sensation that travelled ferociously through your entire body as it welcomes the cold water. Mere words can only do so much to describe it; and this is where it's magnitude of peacefulness is one undefined by vocabulary.

New India

The hit-film slumdog millionaire is a well-known film about three children from the slums. Many people have watched this film, and although its storyline is thrilling, the perceptions it gives about India as a whole being poor and dirty and that everyone is a thief, killer or prostitute are misleading; although the slums are poor and dirty, not everyone in India lives in a slum. Not everyone who does live in a slum is a thief and will do anything for money, and many people in India are well-enough off and have ‘normal’ lives like the western world does. Fashion is becoming a huge part of New India and the western fashion is becoming more and more popular than traditional Indian clothes. India’s fashion imports are rising by 11% a year. This shows that India’s economy is expanding because the country can now spend money on luxury clothing like Gucci and Giorgio Armani where as before they could not. 350 million Indians also speak English as well as their native language and as English is the world’s main trading language; this means that they can easily trade and communicate with more economically developed countries (MEDCs) who can help them develop. India is a huge part of the IT industry; 40% of the world’s IT industry is based in Bangalore. This and other factors mean that India’s economy is rapidly expanding. You may have heard it said that India is at the centre of the world and this is true geographically and economically. India has had an open economy since 1991, meaning that Trans-national companies (TNCs) can set up centres and factories there. This generates a lot of income for India as 30 major multi-national firms like Lloyds TSB have Indian call-centres and lots of TNCs like Chanel and Coca-Cola have factories there. India is an attractive place for TNCs to set up a factory because in India there are over 1. 1 billion people and a high percentage of these people are of legal working age. Many of these people work for little amounts of money meaning that the TNC will get more. The factories that are being built in India are creating lots more jobs for people to work in. These jobs are being created in the city so many people who live in rural areas and do farming work, are moving to the global cities like Bangalore and Mumbai. An example of one of these people is Ganesh RC who moved from a rural area of India to Bangalore and is now the manager of the Royal Habitat Hotel. Ganesh says that globalisation and the building of factories in cities means that his hotel is getting more customers and money. Ganesh also told us that the traditional Indian food which used to be a favourite is now less popular and the children who stay at his hotel just want KFC and pizza all the time so they have to order it in. However although globalisation affects Ganesh positively and his attempt to gain employment and money by moving from his rural home to Bangalore paid off, not everyone’s does. Many farmers and families from rural areas of India move to global cities in the hope of getting a job and then being able to educate their children. However many people find that once they have moved to the city they don’t have the skills required for the jobs available, for example IT skills to work in an IT call-centre or another part of the hugely successful IT industry. Because of this lack of skill that they previously did not require, they cannot work and have no money or house. This leads to them having to live in a slum. The rate at which India’s economy is expanding is causing a great increase in the wealth for many of India’s people. However many people are also being left behind, meaning that the rich and poor live literally side by side and the wealth gap is colossal. In India 300 million people live in absolute poverty in slums and one third of the world’s malnourished children live in India. The quality of life in slums is poor and disease ridden with several hundred thousand children dying each year from dirty water. However in some slums life is better. For example in the Dharavi slums the 19 million people that live there make 700,000 pounds a year from recycling the city’s waste. That’s a lot of money to make from something that other people just threw away! However whether you think that this makes up for the fact that they are living in or right next to the waste, is up to you! India is 12 times the size of the UK; covering over 3. million sq km. This means that throughout the country there is not only a huge difference in wealth and living conditions but also in the landscape. These different environments change how the people there react and survive in them. For example, in India there is a desert outside the city of Jaisalmer in Bikaner but also in India is Cherrapunji which is one of the wettest places in the world, getting 11,000mm of rainfall per year. The people who live in Jaisalmer have adapted to life in the desert and the people who live in Cherrapunji have adapted to rain. In Cherrapunji the people face a lot more problems than in Bangalore because Cherrapunji can often get flooded which means that people can’t get to work or school and also might have their drinking water polluted. This is another example of a place which is facing huge challenges and not really getting much of the advantages or rewards from the expanding economy. [pic] In conclusion, the new India is giving some people huge advantages and more money through providing jobs, using/learning skills and by starting to develop the country generally from a newly industrialised country (NIC) to an MEDC. However most of these advantages aren’t trickling down from the cities to the people who now need it the most and are living in rubbish, by recycling rubbish. In the future it is possible for India to help the people who really need it and overcome the problems facing parts of the country and then they can use advantages that they have by being at the centre of the world to its full extent. New India is fast developing and gaining more money and status but is it leaving people and old traditions behind in order to?

Marketing and Its Components Essay

Environmental analysis of UK: In order to achieve success in implementing some marketing plan, PEST analysis plays a major role because it allows the organizations to do a complete analysis of political, economic, social and technological aspects of the organization and the evidence can be taken from the example of Tesco UK. The success factor of Tesco can be analyzed from the marketing strategy it has assumed in order to deal with the potential customers of United Kingdoms. However, this company has taken all the basic concepts of marketing under consideration while making its strategic plan. Here is the PEST analysis of Tesco UK. Political: The organizations which have political backup and keeps the political aspects under consideration while marketing its service get promulgation within no time. For instance, Tesco is an international supermarket; its policies are always compatible to the regions in which it provides its services. In UK, it has also kept this thing under consideration and that’s why, got exceptional response from the customers. In this regard, following steps have been taken: †¢It has fulfilled legislative requirements of United Kingdoms †¢There is no violation of Labor law, environmental law, trade law, health and tariff restrictions †¢Policies have been developed keeping the political scenarios under consideration †¢Tesco has also developed its own ethical and sustainability policy keeping the national ethical policy of UK in view Economic: Since UK market is one of the most sensitive markets of the world, economic sustainability is another factor that needs thorough analysis in order to deal with any marketing situation. Most of the consumer within UK requires a product that suits not only their lifestyle but also their budget. Though brand loyalty and trust is also a positive factor that can be regarded as a strong reason for the success of this organization, still some consumers find it difficult to buy costly products. Tesco UK has also kept this thing in view and provided different solutions in the form of competitive prices and sales. However, the economic analysis of Tesco indicates †¢Potential investment of company authorities within UK †¢Payment of taxes on each product †¢Adoption of sensitive price strategy †¢Paying interest rate †¢Extensive participation in regional economic growth Social: The analysis of social factors of Tesco UK is as followed: †¢Targeting young people for product marketing †¢Increasing demand of the international products due to increasing migrants †¢Multi-cultural customers †¢Bargaining power of customers †¢Safety issues like inability of customers to understand product precautions Technological: As far as technological factors are concerned, Tesco has also kept this aspect under consideration while marketing its services in United Kingdoms. †¢Automatic payment system †¢Auto-checking while entering and exiting from supermarket †¢Use of electronic system for cash and balance †¢Implementation of safety cameras in supermarkets †¢Wireless devices †¢RFID Control of Tesco over environmental factors: As far as the environmental factors that are beyond the control of Tesco UK are concerned, it is the competitive forces, suppliers, customers, inflation ratio and technological advancement which have affected sustainability of Tesco in one way or other. Competitors: Potential competitors of Tesco UK are as followed: †¢Wal-Mart †¢Costcutter †¢Carrefour As far as online competitors are concerned, they involve †¢Ebay UK †¢Amazon UK Customer: Another aspect that is beyond the control of Tesco UK is bargaining power of customers. The demands of customers vary with the passage of time and Tesco UK has to assume change management strategy keeping the changing demands of the customers. In this regard, the factors that can affect Tesco directly involve †¢Bargaining power of customers †¢Recession †¢Limited budget of customers †¢Changing requirements according to the trend Inflation ratio: Inflation ratio is another aspect which is beyond the control of Tesco UK since there are several factors which contribute in such cases and if this supermarket gives potential discounts on each product that threats the sustainability of their relation with suppliers. However, this thing is controlled to a small extent through providing different packages and sales in low seasons, Technological advancement: Since with the advancement in technology, consumers are also attracting towards online shopping, online platforms have taken the position of strong competitors. A consumer seeks ease through purchasing products from online portal that can deliver the objects at home. Though Tesco also has its own web portal yet the technological advancement makes it complex for this organization to adopt appropriate strategy in each country. However, through adopting timely change management strategy, this organization can deal with such situation. Section 2: Creating and sustaining competitive advantages: Tesco is the third largest grocery store of the worlds and there are ample potential competitors which can be regarded as the core competent of this organization. However, still this organization has been gaining competitive advantages through sustaining and assuming competitive advantage strategy. As far as the core competitors of Tesco in this industry are concerned, Wal-Mart and Carrefour are two leading organizations that compete with Tesco on global level. The reason why it had remained on third position is that it had initiated its service after a long time. However, it is the competitive advantages which it has sustained in regional as well as global competitive market that it has been positioned on third rank among all supermarkets of the world. As far as the strategies in order to gain competitive advantage are concerned, there are several creative and sustainable competitive strategies which can be developed in order to gain competitive advantage in this industry. In this regard, Porter’s generic strategies can be utilized because all the successful organizations like Wal-Mart and Carrefour have gained such position only through assuming exceptional competitive strategy. The first strategy that can be promulgated in this regard is cost leadership strategy which would enable Tesco to offer its services and products to not only national but international consumers and markets in lowest cost. For this purpose, they would also have to control the overall cost of the operations so that they can easily maintain investment and this price control strategy never affects this organization in one way or other. Through assuming this strategy, Tesco would be able to generate not only potential profit but also competitive advantage as well. If Tesco would use differentiation strategy as indicated by Porter, it would enable this organization to offer its products and services to its customers promulgating unique features and value added services that would attract potential customers a lot. This would also give competitive advantage in the form of brand loyalty of customers and double profit. Differentiation can be generated through assuming novel technological feature, providing value added service, exceptional customer service etc. Another option to create and sustain competitive advantage in local as well as international markets is market penetration. For instance, for Tesco, it might be difficult to assume differentiation or cost leadership strategy since it requires price maintenance. It can also make its marketing sources exceptional. For this purpose, as indicated in Ansoff Matrix, market penetration strategy would prove ample lucrative. It means this organization can gain competitive advantages through penetrating in existing market, find potential sources for promulgating its products and services and then focusing on internal efficiencies in order to come up with the requirements of the consumers. Nevertheless, Tesco can gain competitive advantage through assuming cost leadership and differentiation strategy in global market since it would enable this organization to compete with global giants. However, market penetrations strategy would work if this organization wants to create and sustain exceptional position in local markets like that of United Kingdoms and China. However, it cannot be stated that Tesco used to utilize such strategies without doing market analysis. In this regard, Tesco does market analysis through assessing its market position and contemporary ratio of market growth which enables it to analyze which strategy would enable it to compete on global as well as local level and in this regard, the significance of BCG matrix cannot be neglected. Some organizations used to employ all these strategies collaboratively and consider that there will be competitive advantage that is a wrong notion. That’s why most of them stuck in the middle and ultimately find it difficult to sort out the best option. This is not the case with Tesco since it’s a global organization and its management has exceptional expertise in dealing with such kind of situation assuming the best strategy that can generate passive competitive advantages. Hence, these are some of the potential options which an organization can utilize for competing with the strongest competitor in its relevant industry but before assuming any particular strategy, the organization needs to have its portfolio analysis as well. the examples of Tesco, Wal-Mart and Carrefour can be taken as evidence in this regard since Tesco has assumed strategic option through analyzing its contemporary position in global market and hence, gained successful position as well, Section 3: Product life cycle: A product life cycle possesses different stages like introduction, growth, maturity and decline. However, the marketing strategies vary according to the changing stage of product life cycle and the organizations that use appropriate strategic options according to the requirements of the contemporary scenario, get success in product marketing. On first stage, organizations used to apply marketing Mix elements in which, it suggests specifications of products, appropriate price, promotion strategies and place where it can gain successful position. Different examples can be seen in the form of Toyota motors, McDonald fast food industry and Tesco service providers in this regard. For example, Toyota wants to launch one of its product, the initial strategy that it would adopt will be determining price specifying promotion strategy and place, promulgating product specifications. Product: design, specification, how it works, extra benefits of using it etc Price: initially the cost would be low since this new product would take time to make its position in the markets. Promotion: this section would indicate promotional strategies like launching product providing value added services Place: this section indicates the best market for promulgating new vehicle like United Kingdoms, Canada etc. The second stage is referred to as Growth stage. At this point, the strategic plan differentiated through assuming growth strategy like market development etc. For instance, when Tesco opened new store in China, it achieved growth status through developing market and for that purpose, it affiliated itself with one of the regional supermarkets that enabled this supermarket to have potential growth in new market. The third stage is referred to maturity stage. On this stage, the product or service got its mature status and for its sustainability, different strategies are adopted in order to maintain its position through assuming change management strategy if required. Market penetration strategy is considered the best option in such cases since through constant penetration in market, the contemporary position of the product and service is analyzed. For instance, in UK markets, environment changes are uncertain and this thing affects the requirements of consumers. So, Tesco UK constantly do market penetration in order to sustain its position and cope with competitors. Last stage is referred to the decline stage and it is considered the death of the product. However, some companies assume differentiation and diffusion of innovation strategy in order to sustain its product and regain its mature stage. The example can be taken from McDonalds India. Its product for non-vegetarian though gained ample success in the beginning but soon, customers fed up with it. McDonalds India assumed differentiation strategy and attracted customers through introducing vegetarian burgers and deals. Diffusion of innovation strategy: Diffusion of innovation is one of the effective strategies that can regenerate lost position of a product. Through promulgating product marketing its innovative features, organization can easily cope with decline stage of PLC. There are several examples which can be quoted for proving the authenticity of this strategy With the propagation of KFC and PizzaHut, customers transformed their concentration from McDonalds and this thing affected its profitability ratio badly. The management of McDonalds contemplated to regain its position and ultimately found diffusion of innovation as the best source to deal with this issue. Finally, they introduced McFlurry which attracted most of their customers back. Hence, this thing not only made it possible for the organization to get its customers back but the profitability ratio also increased simultaneously. Hence, marketing strategy plays a major role in developing and sustaining products or services in local as well as global markets but along with using innovative strategy, the organization should also have potential to assume change management strategy according to the contemporary requirements.