Benchmarking and policy and regulations Essay Example | Topics and Well Written Essays - 1000 words

Benchmarking and policy and regulations - Essay Example This percentage is increasing day by day with the increase in health care costs. The American nation is acutely aware of the fact that the health care system of their country is not working out for everyone. The increasing costs and an increasing percentage of uninsured people contribute to the rising problem in the health care system. The attention of policy makers is often directed towards these issues which they try to solve by addressing specific problems rather than looking at the whole health care system. These short-term solutions help in solving these problems for a limited period of time. Nonetheless, the problem as a whole still remains (Bureau of labor education, 2001). There are many causes of health insurance problems in United States. Due to the high cost of insurance, many people (mostly unemployed and poor) tend to remain without insurance. Businesses do not offer all their employees health insurance, hence more than half of the employees remain uninsured. Moreover, there are some people who want to get insurance, but the insurance companies consider them unfit for health insurance. Lastly, there are people who consider themselves healthy and do not want to seek insurance and pay high amounts of money to these health insurance companies (Bureau of labor education, 2001). As per the statistics 46.3 million people are currently uninsured in United States, however according to Families USA (2009), the number is even higher if we add the number of people who remain uninsured at least during for a little time. In 2007-2008 almost 86.7 million people were uninsured at some time. Almost 5 million people have the finances to get health insurance, however are not able to due to pre existing conditions. Texas has the highest number of uninsured people as compared to all other states of America. During 2004-2006 almost 24.1% of Texas population was uninsured (US Census Bureau, 2009). The percentage of under-insured

Geography is no longer relevant in the context of a homogenising world Essay

Geography is no longer relevant in the context of a homogenising world Discuss - Essay Example However, Dicken (2011: p41) notes that nation-state borders continue to dominate global relations with nations continuing to enforce state-boundaries, sometimes using violence to do so. Moreover, challenges in overcoming economic and technological barriers continue to shape how different populations separated by geographical location access healthcare and education for example. Therefore, although the relevance of geography seems to have been greatly diminished as a result of a homogenising world, this paper will argue that how people live is still significantly influenced by geographical factors. Aiello and Pauwels (2014: p280) support the concept of an increasingly homogenised world, noting that global flows and exchanges of capitals, services, goods, transfer of technology and human movements have resulted in a more unique and standardized world culture as acculturation leads to a universal culture. In this case, increased interconnectivity between cultures and countries contributes to the formation of a more homogenous culture with the adoption of a more Euro-American lifestyle and social organization model. Modern communications have played a fundamental role in homogenisation as the internet enables people to read about information on foreign nations as they would about their own locality. People all over the world are now exposed to the same news every day, leading to a homogenisation of ideas and perspectives. Increased international travel has greatly influenced homogenisation as well, with people from South East Asia, for example, travelling to Europe and North Amer ica to find jobs. Moreover, increased tourist flows, specifically from developed countries, have encouraged hospitality industries across the world to provide typical Euro-American services, contributing to a more homogenous global community (Aiello & Pauwels, 2014: p281). Popular culture has also

Marketing Plan Chevrolet Essay Example for Free

Marketing Plan Chevrolet Essay A performance appraisal is a review and discussion of an employees performance of assigned duties and responsibilities. The appraisal is based on results obtained by the employee in his/her job, not on the employees personality characteristics. The appraisal measures skills and accomplishments with reasonable accuracy and uniformity. It provides a way to help identify areas for performance enhancement and to help promote professional growth. It should not, however, be considered the supervisors only communication tool. Open lines of communication throughout the year help to make effective working relationships. In Chevrolet each employee is entitled to a thoughtful and careful appraisal. The success of the process depends on the supervisors willingness to complete a constructive and objective appraisal and on the employees willingness to respond to constructive suggestions and to work with the supervisor to reach future goals. In Chevrolet it is important for them to give the satisfaction of their customers as part of their business. As the company needed employees who will help them in obtaining their goals, they make sure to have excellent agents or dealers to gain more customers in market. The services which they offer to their buyers are based to the performances of their car dealers and agents who sell their products. As having an integrated performance appraisal, the Chevrolet handle their employees with a synchronization on their management that will help them to comprise more strategies, goals of the company and the right plan for them to be marketable in their business. Chevrolet has their records of their sales on their cars and the level of performances of their dealers and agents. As managing a business that needed to sell in a high cost of prices but giving customers a satisfaction and good value of their products, the company needs to check and monitor the employee who sells and market the products. Periodic reviews help the supervisors of Chevrolet gain a better understanding of each employees abil ities. The goal of the review process is to recognize achievement, to evaluate job progress, and then to design training for the further development of skills and strengths. A careful review will stimulate employee’s interest and improve job performance. The review provides the employee, the supervisor, the Vice President, and Human Resources a critical, formal feedback mechanism on an annual basis; however these discussions should not be restricted solely to a formal annual review. Annually, the appropriate supervisor evaluates each employee’s performance. In the case where an employee has changed jobs part-way through the appraisal period, both of the employee’s supervisors during the appraisal period should submit an appraisal of the employee’s performance. During the performance evaluation process, the most recent job description on file with Human Resources will be reviewed and updated if necessary, by both the employee and the supervisor. The Chevrolet employees are reviewed for a salary increase, annually. The amount of the salary increase pool of funds is recommended by the administration and approved by the Board of Trustees. The method for allocating funds is based on rewarding meritorious performance. Merit increases will be awarded on a pay-for-performance basis and are based on individual performance. When used as intended, a pay-for-performance structure achieves the goal of rewarding truly top performers with merit increases that match their achievements and contributions. These bases of performances of the employees are one way of recognizing the job that they worked hard for the company. The company wanted to increase the level of good quality services for their employees for them to have the loyalty of their customers. This reward to their dealers and agents are persuading them to enhance the ability and performances in marketing their products. The goal of Chevrolet is to give satisfaction and needs to their customers and to their future buyers. The company’s Performance Appraisal can help the company to obtain the following objectives: To maintain records in order to determine compensation packages, wage structure, salaries raises, etc and to identify the strengths and weaknesses of employees to place right men on right job, to maintain and assess the potential present in a person for further growth and development, to provide a feedback to employees regarding their performance and related status, to provide a feedback to employees regarding their performance and related status. It also serves as a basis for influencing working habits of the employees and to review and retain the promotional and other training programmes. It is said that performance appraisal is an investment for the company which can be justified by following advantages: Performance Appraisal helps the supervisors to chalk out the promotion programmes for efficient employees. In this regards, inefficient workers can be dismissed or demoted in case. It can help in chalking out compensation packages for employees. Merit rating is possible through performance appraisal. Performance Appraisal tries to give worth to a performance. Compensation packages which include bonus, high salary rates, extra benefits, allowances and pre-requisites are dependent on performance appraisal. The criteria should be merit rather than seniority. The systematic procedure of performance appraisal helps the supervisors to frame training policies and programmes. It helps to analyse strengths and weaknesses of employees so that new jobs can be designed for efficient employees. It also helps in framing future development programmes. Performance Appraisal helps the supervisors to understand the validity and importance of the selection procedure. The supervisors come to know the validity and thereby the strengths and weaknesses of selection procedure. Future changes in selection methods can be made in this regard. For an organization, effective communication between employees and employers is very important. Through performance appraisal, communication can be sought for in the following ways: the employers can understand and accept skills of subordinates; the subordinates can also understand and create a trust and confidence in superiors. It also helps in maintaining cordial and congenial labor management relationship. It develops the spirit of work and boosts the morale of employees. All the above factors ensure effective communication. The Performance appraisal of the company serves as a motivation tool. Through evaluating performance of employees, a person’s efficiency can be determined if the targets are achieved. This very well motivates a person for better job and helps him to improve his performance in the future. Life Cycle Costing The Life cycle costing is a method of calculating the total cost of a physical asset throughout its life. Life-cycle costing is concerned with all costs of ownership and takes account of the costs incurred by an asset from its acquisition to its disposal, including design, installation, operating, and maintenance costs. There are four major benefits of Life Cycle Cost analysis and it is evaluation of competing options in purchasing, improved awareness of total costs, more accurate forecasting of cost profiles and performance trade-off against cost. When the Chevrolet is planning the acquisition of a major asset, organizations spend considerable time and effort in making an economic evaluation of the initial (capital) cost. This evaluation typically considers the required size or capacity of the item, operating performance requirements, physical appearance or image projected, the capital cost, and alternative product options. The company future costs are less visible, as they are often â€Å"hidden† within general operating expenses, but they can have a significant impact on the future viability of the organization. The scale of these costs depends on the level and frequency of usage of the asset. There are also broader environmental implications that flow from the decision to acquire a major asset. Resources are used during the creation, operation and disposal phases, with the potential to affect environmental sustainability, and there may also be direct environmental impacts. The study of these broader issues is often termed life-cycle assessment. This guide does not specifically address these broader issues but they should be part of a complete assessment of the merit of a specific project. The determination of costs is an integral part of the asset management process and is a common element of many of the asset manager’s tools, particularly Economic Appraisal, Financial Appraisal, Value Management, Risk Management and Demand Management. Growing pressure to achieve better outcomes from assets means that ongoing operating and maintenance costs must be considered as they consume more resources over the asset’s service life. Both the capital and the ongoing operating and maintenance costs must be considered wherever asset management decisions involving costs are made. This is the Life Cycle Cost approach. Quality Costing Improving quality is considered by many to be the best way to enhance customer satisfaction, to reduce manufacturing costs and to increase productivity. Any serious attempt to improve quality must take into account the costs associated with achieving quality, since nowadays it does not suffice to meet customer requirements, it must be done at the lowest possible cost as well. This can only happen by reducing the costs needed to achieve quality, and the reduction of these costs is only possible if they are identified and measured. The identification itself is not straightforward because there is no general agreement on a single broad definition of quality costs. However, according to Dale and Plunkett (1995), it is now widely accepted that quality costs are the costs incurred in the design, implementation, operation and maintenance of a quality management system, the cost of resources committed to continuous improvement, the costs of system, product and service failures, and all other necessary costs and non-value added activities required to achieve a quality product or service. Measuring and reporting these costs should be considered a critical issue for any manager who aims to achieve competitiveness in today’s markets. These are costs that can be only estimated such as profits not earned because of lost customers and reduction in revenue owing to non-conformance. The importance of opportunity and intangible costs for quality costing has been recently emphasized in the literature. The practice of costing quality is the combination of two important elements: the first is to analyse the cost of each part of a process and identify areas where savings may be made; the second is the right first time approach. Of course people don’t just need to do things right, they need to be sure they are doing the right things. The aim of a quality costing process is to maximize quality while minimizing cost. A sound quality costing programme will measure the cost of quality; aim to control and reduce it; and, continually monitor it as a measure of progress. The process of quality costing is, on the whole, one of negative analysis instead of strengths, it looks for weaknesses. This may be a painful exercise, be prepared for that. But remember that by identifying costs you can take steps to reduce them. Ignoring ineffectiveness and poor quality is rather like the ostrich approach to management if I don’t see it, it won’t hurt me. It is useful to bear in mind that the best business with which to compare quality costs is your own. If you introduce quality cost measurement activities twice a year you will soon have data to compare. The Chevrolet cost categories in the quality planning is one of the most important and had prioritized by the company for them to achieved customer satisfaction. The company offer products with good materials to maintain the quality but with affordable prices. The company’s prevention costs support activities whose purpose is to reduce the number of defects. Chevrolet employs many techniques to prevent defects, for example statistical process control, quality engineering, training, and a variety of tools from total quality management (TQM). Prevention costs include activities relating to quality circles and statistical process control. Quality circles consist of small groups of employees that meet on a regular basis to discuss ways to improve quality. Both management and workers are included in these circles. An out of control process results in defective units and may be caused by a miscalibrated machine or some other factor. In statistical process control, workers use charts to monitor the quality of units that pass through their workstations. With these charts, workers can quickly spot processes that are out of control and that are creating defects. Problems can be immediately corrected and further defects prevented rather than waiting for an inspector to catch the defect later. Any defective parts and products should be caught as early as possible in the production process in the company. Appraisal costs, which are sometimes called inspection costs, are incurred to identify defective products before the products are shipped to customers. Unfortunately performing appraisal activates doesnt keep defects from happening again and most managers realize now that maintaining an army of inspectors is a costly and ineffective approach to quality control. Employees are increasingly being asked to be responsible for their own quality control. This approach along with designing products to be easy to manufacture properly, allows quality to be built into products rather than relying on inspections to get the defects out. Failure costs are incurred when a product fails to conform to its design specifications. Failure costs can be either internal or external. Internal failure costs result from identification of defects before they are shipped to customers. These costs include scrap, rejected products, reworking of defective units, and downtime caused by quality problem. This also experienced by the company and the more effective the companys appraisal activities the greater the chance of catching defects internally and the greater the level of internal failure costs. This is the price that is paid to avoid incurring external failure costs, which can be devastating for the company. When a defective product is delivered to customer, external failure cost is the result. External failure costs include warranty, repairs and replacements, product recalls, liability arising from legal actions against a company, and lost sales arising from a reputation for poor quality. Such costs can decimate profits. External failure costs usually give rise to another intangible cost. These intangible costs are hidden costs that involve the companys image. They can be three or four times greater than tangible costs. Missing a deadline or other quality problems can be intangible costs of quality. Internal failure costs, external failure costs and intangible costs that impair the goodwill of the company occur due to a poor quality so these costs are also known as costs of poor quality by some persons.

Intellectual property right infringement

Intellectual property right infringement INFRINGEMENT- violation of a law or right. INTELLECTUAL PROPERTY includes patents, trademarks, copyrights and trade secrets are known as intellectual property. Intellectual property rights are the legal rights which result from intellectual activity in the industrial, scientific, literary and artistic fields. IMPORTANCE OF INTELLECTUAL PROPERTY RIGHTS- Whether IPRs are a good or bad thing, the developed world has come to an accommodation with them over a long period. Intellectual property rights are accepted all over the world due to some important reasons. They were essentially recognized for the acceptations of these rights are:- Provides incentive to the individual for new creations. Providing due recognition to the creators and inventors. Ensuring the material reward for intellectual property. Ensuring the availability of the original products. Intellectual property protection is the key factor for economic growth and advancement in the high technology sector. They are good for business, benefit the public at large and act as catalysts for technical progress. INTELLECTUAL PROPERTY LAW INTRODUCTION INTELLECTUAL PROPERTY LAW Comprises of the following Laws:- The Laws relating to Trade Marks / Brands (Trade Marks Act, 1999), Property Marks The Laws relating to Copyright (Copyright Act, 1957) Artistic Work, Literary Work, Audio Video Records and Software The Laws relating to Industrial Designs (Designs Act, 2000) The Laws relating to Patents (The Patent Act, 1970) The Laws relating to Geographical Indications. The geographical Indications of (Registration and Protection) Act, 1999 The Laws relating to Internet (Information Technology Act, 2000) INTELLECTUAL PROPERTY RIGHT INFRINGEMENT- An intellectual property infringement is the infringement or violation of an intellectual property right. Copyright infringement- Copyright-It is a form of protection provided to the authors of original works including literary, dramatic, musical and certain other intellectual works, which may be published and unpublished. Copyright infringement (or copyright violation) is the use of material unauthorised that is covered by copyright law, that violates one of the copyright owners exclusive rights, such as the right to perform the copyrighted work. It is also known as copyright violation. Patent infringement- Patent-It is issued by the United States Patent and Trademark Office (USPTO). A patent for an invention is the grant of a property right to the inventor Patent infringement prohibition act with respect to a patented invention without permission from the patent holder. By means of the licence permission may be granted. It is also known as patent violation. Trademark infringement- A trademark distinguishes goods and services from those manufactured or sold by others and indicate the source of the goods. A trademark protects words, names, symbols, sounds, Trademarks can be renewed forever as long as they are being used. There is no need for registration of a trademark in the U.S. Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees. Infringement may occur when one party, the â€Å"infringer†, uses a trademark which is identical to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence legal proceedings against a party which infringes its registration. It is also known as trademark violation. Objectives- To know the reasons infringement of the intellectual property rights. To know why to care about IPR ? What the the protection measures taken by the government? Review of literature- The Economic Effects of Intellectual Property Right Infringements There is a great effect of Intellectual Property Right Infringement. U.S companies suffer losses in recent years because their Intellectual Property Rights (trademarks, copyrights and patents) are not properly protected abroad. International Trade Commission data collected from 244 US firms was used to study the economic effects of foreign infringement of US intellectual property rights in five sectors of industry. The profit losses of US suppliers is large compared to total profits, that the losses are greater than the profits earned by suppliers who are infringing on rights, but that the losses may be less than the static benefits to infringers and consumers. Research results reveal that Research results also suggest that reducing profits lost to infringers by one percent would require significant increases in identification and enforcement costs. Goods found to infringe an intellectual property right may not be: brought into the customs territory of the Community; withdrawn from the customs territory of the Community; released for free circulation; exported; re-exported; Placed under a suspensive arrangement, in a free zone or free warehouse. CAUSES OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT Too much cost of rd Globalisation Litigation delays in implementing ip rights and award of damages Software piracy Why care about IPR? Patents are benefit to the owner of the IP and it add s value to all industrial as well as business concerns, discoveries and provide incentives for private sector investment into their development. They all should have an independent Research and development (RD) center Globalization and advancement of technology have elevated the importance of intellectual property protection for small and medium sized enterprises. The intangible nature of intellectual property create challenges for those businesses, to protect their inventions, brands, and business in foreign markets. Strong intellectual property protection is essential to the success of the biotechnology companies in this country. For these companies, the patent system serves to encourage development of new medicines and diagnostics for treatment and monitoring intractable diseases, and agricultural products to meet global needs. HOW TO OBTAIN INFORMATION w.r.t. THE INFRINGEMENT OF TRADE MARK / COPYRIGHT The best way to get information and extent about the piracy of the trade mark / copyright is companies own marketing net work. The another best alternative is engagement of detective agencies on contractual basis, which in alternative have their own network. By surveys in major metropolitan cities of India, the information can be obtained about the infringement / piracy of goods and these surveys will lead to and result in the identification of manufacturing, go downs, unknots, distribution network and retailing chain. JUDICIAL SYSTEM IN INDIA The Indian judicial system is independent from executive / government and it is creation of Constitution of India. It is mandatory to obey the orders of the Courts in India by entral State Governments and any non-compliance of the order of the courts are taken as very serious and that may result in the fine and / or imprisonment. In India High Court and Supreme Court judgements has the force of the law. Even in the world the Indian Judicial System is one of the best legal systems which have codified laws and established procedures. REMEDIES AVAILABLE UNDER INDIAN LAWS REMEDIES CIVIL  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  CRIMINAL CIVIL REMEDIES Injunction/ stay against the use of trade Damages can be claimed Accounts and handing over of profits For custody there is appointment of local commissioner/infringing material sealing. under order 39 rule 1 2 of the CPC for grant of temporary the application is filed. Criminal remedies Before the chief judicial magistrate/ chief metropolitan magistrate the complaint is filed. Evidence of the infringement of the IPR. Under sec. 93/94 the application is filed. Search of infringing material is done by Police as per orders and directions given by the court. Lodging of fir and search under section. 156 of the criminal procedure code, 1973. FORUM / JURISDICTION FOR FILING CIVIL / CRIMINAL LITIGATION Civil Cases- The jurisdiction for filing in a civil suit, will include given facts, and fulfillment of given conditions:- From where the cause of action has occrued? Where the violations of IPRs are taking place? Where the defendants work for gain? Trade Marks Act, 1999, it provides an exception, to a registered trade mark. Registered Trade Mark owner can file a case with in court, from where the holder is carrying its business. The jurisdiction for filing a case depend on the activities of the defendants. There is no need to file a suit in different courts separately. PROTECTION AGAINST INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT The infringement of intellectual property rights (IPRs) are by administrative procedures and legal proceedings. In civil liabilities, the infringer may ordered to stop the violated activities, eradicate the damage done, make public apologies and compensate for all the damages. In administrative measures and criminal liabilities, they include warnings in order to stop the violating activities, fines, and compensation for damages made. The interested parties go for mediation, when there is IPR infringement dispute arises. If mediation failed, or interested parties refused to abide by the outcome of mediation, legal proceedings may be instituted with peoples court. The interested parties may also request the relevant administrative authorities for actions. LEGAL PROCEEDINGS When an IPR infringement dispute arises, the infringed party may institute legal proceedings directly with the peoples court at the place where infringing activity takes place.. If an interested party finds that due to emergency or by any delay in stop the infringing activities may cause damages to his/her rights, he may, before instituting legal proceedings, request the peoples court to freeze the assets of the infringer. The peoples court will see to it that the infringer, if the infringer is convicted, he will be made to bear civil liabilities for the infringing act. The infringer will be prosecuted for his criminal liabilities where the case is so serious to constitute a crime. ADMINISTRATIVE PROCEDURES Information and Proof to be Submitted When infringement of IPR dispute rises, the interested may request the administrative authorities and above at the place of the infringers domicile In order to make the request to the administration authorities, the interested party should have to submit a written proof of his right and evidence of the infringing act. Processing by Administrative Authorities It is the duty of the administrative authorities to handle the dispute and they have to make decision whether the complaint will be processed with in 15 days upon receipt of the request and they have to tell their decision to the applicant.If the decision is negative, a written explanation will be given to the applicant and if the decision given by the administration authorities is negative than the applicant will given a explanation in written form within 7 days. Calculation of Compensation On the request of the applicant, the competent administrative may order the infringer to pay for damages. For infringing of copyright, the compensation amount is calculated according to the direct damages caused by the infringement and reasonable fees incurred by the copyright holder in investigating and stopping the infringing act. For infringing of trademark, the compensation amount is calculated on the basis of profits gained by the infringer through the infringement during the infringement period or the damages suffered by the infringed party during the infringement period. For infringing of patent, the amount of compensation is calculated according to the damages suffered by the patentee or the profit which is gained by the infringer through the infringement. Where it is difficult to determine the damages suffered by the patentee. It is also difficult to calculate that how much profit is earned by the infringer, royalty amount of patent may used as per calculation. Dissatisfaction with Administrative Punishment Decisions Instituting administrative proceedings If the interested party is not satisfied with the punishment made by the administrative authorities than within 3 months from the receipt of the notification of decision, and apply to the local government or administrative securities at higher level for reconsideration of the decision. Instituting administrative reconsideration Within 10 days, the authorities should have to decide whether to handle the case or not. If the interested party is satisfied than within 2 months for reconsideration, a decision should be made on that basis. If the interested party is not satisfied with the decision on reconsideration than within the 15 days after the receivable of the notification of the decision, institute administrative proceedings with the peoples court. EFECTIVENESS OF LEGAL ACTION AGAINST INFRINGEMENT PIRACY It is practically very difficult to completely prevent piracy / infringement / violation of intellectual property rights as we know India is a very large country in geographical terms and densely populated country. There are own advantages and limitations of civil and criminal legal actions. Mostly piracy in India takes place in small scale industries, unorganized sector A separate suit has to be filed against each and every company / firm / individual in civil suits, which are filed against infringements, as the infringement by each pirate will amount a new cause of action, separate suits have to be filed against each of them. As compare to criminal remedies the civil remedies are easier. Due to publicity, campaigning the effectiveness of criminal remedies is more as compared to civil remedies. Any criminal action / prosecution is treated as a social stigma in India which leads to condemnation by the society. PROVISIONAL MEASURES The judicial authorities shall have the authority to order promptly and effectively provisional measures: (a) to prevent an infringement of intellectual property rights from occurring, and in order to prevent the entry into the channels of commerce in their jurisdiction of goods, including imported goods immediately after customs clearance (b) to preserve supportive evidence in regard to the IPR infringement. The judicial authorities shall have the authority to require the applicant to provide any reasonably available evidence in order to satisfy themselves with a sufficient degree of certainty that the applicant is the right holder and that the applicants right is being infringed or that such infringement is imminent, and to order the applicant to provide a security or equivalent assurance sufficient to protect the defendant and to prevent abuse. Where provisional measures have been adopted inaudita altera parte, the parties affected shall be given notice, without delay after the execution of the measures at the latest. A review, including a right to be heard, shall take place upon request of the defendant with a view to deciding, within a reasonable period after the notification of the measures, whether these measures shall be modified, revoked or confirmed. The applicant may be required to supply other information necessary for the identification of the goods concerned by the authority that will execute the provisional measures. Without prejudice to paragraph 4, provisional measures taken on the basis of paragraphs 1 and 2 shall, upon request by the defendant, be revoked or otherwise cease to have effect, if proceedings leading to a decision on the merits of the case are not initiated within a reasonable period, to be determined by the judicial authority ordering the measures where a Members law so permits or, in the absence of such a determination, not to exceed 20 working days or 31 calendar days, whichever is the longer. Where the provisional measures are revoked or where they lapse due to any act or omission by the applicant, or where it is subsequently found that there has been no infringement or threat of infringement of an intellectual property right, the judicial authorities shall have the authority to order the applicant, upon request of the defendant, to provide the defendant appropriate compensation for any injury caused by these measures. To the extent that any provisional measure can be ordered as a result of administrative procedures, such procedures shall conform to principles equivalent in substance to those set forth in this Section.

Nuclear Tension Within North Korea and Iraq :: Korea Iraq Weapons Essays

Nuclear Tension Within North Korea and Iraq Introduction: In recent years the issue of nuclear armament has become a growing concern in world politics. The United States has taken on the self appointed role of world bully on this issue. Believing it self the sole country with the ability to keep nuclear weapons, while belligerently are striking out against other countries that pursue nuclear weapons, or are believed to have them in their possession. Using the events of 9-11 as its cause, the United States has launched a â€Å"War on Terrorism† in which it has bombed Afghanistan in hopes of â€Å"destroying† and â€Å"finding† the terrorists that attacked the United States. Following its strike against Afghanistan the United States turned its attentions to the dictator Saddam Hussein, and his alleged secret stockpile of weapons of mass destruction. Against the will of many other countries the United States invaded Iraq in hope of â€Å"sniffing† out the secret nuclear weapons. As the war was reaching it conclusion it became evident that the United States claims were wrong pertaining to Iraq’s supposed stockpile of illegal weapons. The United States has now invaded Iraq, torn apart its government and left a Viet-Nam type war raging with no real sense of conclusion, all based on a suspicion that Iraq was secretly holding weapons of mass destruction. North Korea near the end of 2003 declared that it has been secretly pursuing uranium enrichment to create nuclear weapons. They claim the reason for this illegal action is solely the fault of the United States, and that the pursuit is only for defense in the case of a United States attack. This paper will study the United States-North Korean relations over the past fifty years, and then analyze the ways in which the issue of nuclear armament is being dealt with. The end will briefly touch on a very similar situation that is arising in Iran, and the constant pressure the United States is putting to have Iran put in violation of the Non-Proliferation Treaty it entered into. History of US and North Korea Relations: The mutual mistrust and animosity between the United States and North Korea began in 1950 during the Korean War. On June, 25 1950 the Northern communists of Korea crossed the 38th parallel and attacked the southern part of Korea. North Korea was aided by Russia, who had supplied them with weapons and tanks.

Hates Irrational Justification :: essays research papers

Hate’s Irrational Justification On Sept. 6, 2001, Richard Baumhammers, â€Å"a 36 year-old immigration lawyer, received five death sentences plus 112  ½ to 225 years in prison for a mass shooting rampage in April 2000 that killed his Jewish neighbor, two Asian men, and Indian man and a black man.† (â€Å"For the Record†) This incident was classified as a â€Å"hate crime† (a crime motivated solely on hate). Hatred is an extreme, on-going outburst powerful resentment and dislike of something or someone. How can something so powerful, such as hate, fulfill the minds of so many people? The odd thing about it, also, is that, hate does not cloud the minds of certain people only, the range of people is too great to be able to even start classifying them. Hate, like human feeling, is not rational but it has its reasons. Hate is irrational. Hate is created when people lose their ability to properly reason with anyone or with themselves for that matter. Hate is felt when someone feels trapped, unable to find another way of finding a solution to something that does not sit well in their minds. The Ku Klux Klan, who openly demonstrate hate towards African Americans, for example was compiled of middle to lower class white citizens that felt like their families, jobs, and lives were being threatened by the increase of African Americans living in the United States (Office Copy: Hate). As a result of this feeling of hopelessness and fear, they lynched and attacked African Americans for many years. Even till this day they have not completely seized harassment. Many people will agree that this is not a suitable solution for anything. Nothing was done to peacefully solve this conflict or mediate, instead, the KKK resorted to violence and open hatred. Another example is the Neo-nazi formation in the U.S. (Intel ligence report magazine) The Nazi party headed by Hitler in the nineteen thirties and forties hated Jews and anyone not part of the, so-called â€Å"Aryan nation† because they also felt threatened. As a so-called, â€Å"solution† to their insecurities they persecuted Jews. So why would Americans adopt this now, in the twenty-first century? According to William Pierce. Leader of the National Alliance, â€Å"†¦American people permitting the Jews to run their government and use American strength to advance Jews’ interests†¦ †(Published Interview) What Jewish interests? Pierce fails to say exactly what. No sense is being made.

A Guide to Writing Research Papers for Every University Students

Research papers are detailed documents containing results of an experiment or investigations. Research papers contain the details of the investigation from the gathering of data, the background of the study, materials or procedures in arriving with such conclusions and most importantly the recording and analysis of the results.According to Thomas R. Brown1, research papers make statements then attempt to prove it by doing current research, it enables the student to pursue his own specific interests within a given area of study. Thus, research papers helps the student stimulate thinking in discovering and sharing his findings with the aid of a paper.There are a lot to consider in writing a research paper, the thesis statement, the citing of the references, grammar, making the necessary footnotes and of course the selection of the topic.What every student should know is that a research paper can only be realized once a topic is selected. Usually the selection of the topic depends upon the researcher and the course of subject regarding the topic he wishes to undertake.It is best to read several articles regarding the topic to understand fully the topic with no difficulty. But a researcher must bear in mind that whatever topic he chooses, he must be certain that the researcher takes interest in the topic, he must select a topic that is not too broad so that references will be easy to find and most importantly the researcher will go to extreme measures in order to complete the research sacrificing time, the use of money and the need for energy.Once a preferred topic is selected, an outline or project plan is made where random thoughts and ideas of the researcher are arranged so that the creation of the paper will easily follow.Then the researcher will make the draft. It is advisable to make the draft with the aid of the computer so that revisions and modifications will not be hard. The draft contains the research itself but it is still subjected to revisions, it als o contains your thesis statement.   A   thesis statement   tells what the research paper   is about   and its significance and.1 â€Å"the rearch paper.† Thomas R. Brown. June 12, 2004, on mywebpages. 06 Jun. 2007 .what the researcher intends to verify. The thesis statement must not be too broad so that specific issues can be discussed thoroughly. In the words of Zachary M. Schurg2, a thesis is an argument that can be supported by evidence, and it must have three qualities: interpretation, precision, and surprise.In interpretation, the statement must explain what the paper intends to prove thus answering the question â€Å"why†. The second element in a thesis statement, precision, deals with the discussion of facts with accuracy which further explains the research paper. And the last element, surprise, a thesis statement must present revelations regarding the subject that the reader does not know in order to catch the researcher’s attention and give th e research value.Example of a thesis statement is: Children nowadays do not stay children, effects of the society and the media may have caused such behavior in children. Since the thesis statement is indeed a statement, it must not be in a form of a question. This statement only requires two to three sentences. The thesis statement is usually found in the introductory paragraph.The only problem now is how to write the paper in such a fashion that everyone can understand it. Research papers, like all important documents containing information, follows rules in order to be understood by those who take interest in the topic. Generally the research paper, have margins of 1† on top, bottom and right side, and 1.5 â€Å"on the right side. The researcher must write with double line spacing with the exemption of quotations and the list of reference.And the paper must observe font size should be 10 points or larger, Times New Roman. Page numbers should also be observed upon making th e paper and must be reflected on the upper right of the paper. The paper should be justified. And of course in writing important documents of research and information grammar should be observed to avoid ridicule and mockery of the paper.