Disney case study Assignment Example | Topics and Well Written Essays - 250 words

Disney contextual analysis - Assignment Example Thirdly, Shanghai Disney ought to endeavor to be inventive however much as could reasonably be expected so as to keep up and draw in new clients. This implies the fantasy experience ought to be accomplished consistently to keep buyers intrigued and ready to investigate past the standard. Quick forward to 2020, Dubai will be the best area for the following Disney park. Other than being the biggest city in the Middle East, Dubai is as of now getting a charge out of practical development in all fronts, especially the travel industry. High-total assets people are visiting the city in high droves who are putting exceptionally in the locale. The locale brags a host societies, who are generally educated of Walt Disney and its characters. For instance, lion's share of Disney Paris guests is from the Arabian Gulf and visit its amusement parks for various days (Hamid, 2013). Dubai is likewise effectively available in the most brief time from different nations, for example, the United States, London, Hongkong, making it a main and appropriate contender for a Disney-themed park. Hamid, T (2013). Walt Disney Courts Middle East Market yet no designs for UAE Theme Park. The National:Business. Recovered eighteenth November from

What to Expect on College Graduation Day

What's in store on College Graduation Day Graduation day is everything youve buckled down for, all folded up into one super-charged day. So how might you ensure youre ready to unwind and make the most of your festival rather than simply running starting with one clamorous circumstance then onto the next? Realizing what's in store on graduation day can ensure that the memory of you have of this significant achievement is one of extraordinary euphoria and quiet rather than mayhem and dissatisfaction. Hope to be tested as you attempt to adjust everything Out of nowhere, the entirety of your universes will impact. Youll have companions you need to see and bid farewell to, youll have family around, and youll have a wide range of coordinations to work out. You will probably feel pulled in a lot of various headings, at the same time, by the individuals who mean the most to you. Understand that this will probably feel a bit of overpowering on occasion and that youll simply need to go with the flow. Anticipate that the organization should be occupied In the event that you want to deal with some last-moment tasks like chatting with the money related guide office, you may be astounded to discover that graduation day is one of the most exceedingly awful days to attempt to complete things. Numerous workplaces are very occupied with understudy and family demands when theyre likewise expected to be engaged with graduation itself. On the off chance that you have things you have to complete before you graduate, plan to do as such before graduation day shows up. Hope to fill in as a guide for your family You may have no issue realizing where to stop, where to get food, where the restrooms are, and where all the structures are situated on campus...but your family doesnt. Hope to fill in as their guide and plan in like manner, either by being accessible genuinely to show them around or by being accessible by means of mobile phone. Expect not to have a lot of time with your companions You and your companions may anticipate all observing one another, eating together, and generally speaking hanging out, yet simply like you-everybody will be pulled in a million distinct ways. Put forth a valiant effort to pack in however much time with your companions as could be expected before graduation day shows up. Expect a test when youre attempting to discover individuals Indeed, even with mobile phones, grounds maps, and instant messages, it tends to be a genuine test to discover your family, particularly in a huge group. Plan ahead of time to meet at specific spots (e.g., close to the enormous tree by the congregation) rather than out front after the graduation function is finished. Anticipate huge groups around town Regardless of whether youre graduation in a significant city, the eateries and lodgings close by will probably be packed previously, during, and after graduation. In the event that youre wanting to go out to eat a while later, ensure you have reservations ahead of time. Hope to see individuals for just a short measure of time Aha! You at long last discovered your sorority sister after graduation. You make proper acquaintance, acquaint her with your family, and then...shes vanished among the group. With so much action thus numerous individuals nearby, its feasible that youll just have a couple of seconds to esteem with the individuals who mean the most to you. Thus, keep your camera convenient (and completely energized) with the goal that you can catch some astonishing graduation pictures before they blur away. Hope to be on your mobile phone a great deal The prior night graduation isn't an ideal opportunity to neglect to charge your wireless. Your companions will call and messaging you; youll be calling and messaging your companions; your folks as well as family will likewise be in contact; and even your grandma, whos 1,000 miles away, will need to call and compliment you. Subsequently, ensure your mobile phone is charged and prepared. Anticipate a ton of clashing feelings After all youve worked for and as prepared as you suspected you were to graduate, graduation day can be a passionate encounter. You might just get yourself not having any desire to leave while additionally energized, and apprehensive, about what's on the horizon. Rather than attempting to disregard your feelings, simply let yourself feel and procedure whatever the day brings. It is, all things considered, perhaps the greatest days of your life, so why shouldnt it be a passionate one, as well? Anticipate that things should run late Regardless of how well you, your companions, your family, and the grounds organization plan, things will definitely run late. Accepting everything can help ensure you despite everything have fun, regardless of how a long ways delayed things appear to run. Anticipate that the day should be one of the most critical days of your life Think about all the difficult work you put into gaining your degree; think about the entirety of your family has contributed and relinquished; think about all the ​benefits of being a college alum, both expertly and by and by. When youre old and dark and thinking back on your life, your school graduation will presumably be one of the recollections you are generally pleased with. Subsequently, put forth a valiant effort to take a couple of seconds for the duration of the day to ingest everything that is going on. It very well may be testing, however after all youve done to make your graduation conceivable, youre certainly worth the couple of additional minutes it may take to unwind and praise yourself on work all around done.

Unemployment Rate in Australia Labor Resource

Question: Examine about theUnemployment Rate in Australiafor Labor Resource. Answer: Presentation Joblessness is a pointer of wasteful utilization of work asset. Joblessness is the financial conditions where individuals are without occupations and are looking for business. As verified by Buultjens (2005), the Australian economy is confronted with three significant issues; the monetary development, the joblessness, and the swelling rate. The degree of joblessness is subject to the pace of financial development in some random economy. At high financial development rate, the joblessness rate falls. It rises when a nation is recorded to perform inadequately. This presentation is estimated as far as the adjustments in GDP. The Australian economy has performed ineffectively in work terms in the previous hardly any years; the joblessness level is on an ascent and anticipated to be higher later on. This paper will consider the different government strategies actualized towards the advancement of the recuperation. The recuperation is significant in that; joblessness will in general fix a few people at neediness traps. Financial hardships are experienced more by the individuals who are jobless for a long haul contrasted with the present moment. Joblessness is a major issue to the general public in enormous. A few people may expect that it just influences those that are jobless yet this isn't the situation. There are numerous things that jobless individuals can do which may impactsly affect the general public. A portion of the awful impacts incorporate; burglary, sedate maltreatment, unforeseen weakness, decreased proficiency level, and so on. Mukherjee and Graycar (1997) contended that the expansion in joblessness rate raises the chance of carrying out violations. For the best approaches to be executed, all the variables answerable for the additions in joblessness ought to be thought of. This paper will likewise think about the distinctions in joblessness over the Australian states. Factors behind the distinctions will be deducted. Ends will be drawn. Reasons for Unemployment in Australia The lack in total interest brings about a decrease in the yield creation. At the point when this occurs as is for the situation during a downturn, most representatives gets conserved. These individuals may not land their positions much after the recuperation happens; this is on the grounds that the development of profitability occurs in the downturn. The downturn of interest, in this manner, causes an expanded joblessness. Joblessness is expanded by the expense of work being extremely high contrasted with capital. In Australia, the genuine wages are contended to be high. This has made a motivating force for the makers to move to capital as opposed to utilizing work. An expanded work profitability likewise quickens joblessness. It is accepted that with an expanded work profitability, less number of laborers can meet a similar degree of interest. The new innovation headways are bringing down the interest for work. The previously existing organizations are scarcely offering a work opportunity. Not many open doors are offered in the recently settled organizations. There is a colossal number of outsiders into Australia; these individuals add to its workforce, along these lines, adding to an expansion in joblessness rate. The Australian economy is send out based. A decrease in the interest for sends out greatly affects its universal exchange which brings about a diminished outside winning in this way raising the degree of joblessness. Joblessness Rate The Australian work power is comprised of each one of those individuals who are 15 years or more. The most extreme cutoff for Australian business is 65 years. The broke down information from Tradingeconomics.com shows that at first the joblessness rate was lower.it increased consistently from 2011 and remained at its most elevated level in 2015 (Farrer, 2015). It is around the same time when it began falling. In 2016, it began fluctuating over the quarters. The pattern is decidedly slanting; a proof that it has moved from low to high over the previous five years. As indicated by Janda (2016), the expanded joblessness rate is because of the expanded cooperation rate. The tradingeconomics.com gives a conjecture of the Australian joblessness rate for the period 2016-2020 as appeared in the chart beneath. Fig: Australian joblessness rate figure The projection is that this rate will remain at 5.8 % when we get as far as possible of this quarter. In the year 2017, the anticipated rate is 6.0 %. Further, the projection for 2020 shows that there will be abdominal muscle expanded joblessness rate remaining at around 6.2 % (Tradingeconomics.com, 2016). Sorts of Unemployment There are a few sorts of joblessness in Australia and some other world economy. Business analysts group joblessness by its causes. There are four significant kinds of joblessness. While some are present moment, the others proceed to the long haul and in the outrageous cases may take a lot of years for certain specialists to find a new line of work. Laborers who have been jobless for longer than a year are viewed as long haul jobless (Fowkes, 2011).The momentary work isn't viewed as destructive to the economy. One of them is the frictional joblessness. This structure emerges from the insufficiency of ideal data on the work showcase. The time it takes for laborers looking for work to coordinate with bosses sought after for work takes a lot of time. Businesses need laborers who meet every one of their prerequisites and have some extra included focal points. It is hard for laborers to evidence agreeable for the activity position. Profitability is the significant target that decides the candidate picked for the accessible position. The specialist needs to evidence to be progressively beneficial for he/she to win that position. The entire coordinating up process requires significant investment. The work markets can, hence, be supposed to be defective as far as data disappointment. A vocation position might be under ad, however a portion of those looking for business can't act rapidly to such data. The purpose behind this might be land hindrances nd those of cost. These individuals will get util ized with time.But while they are as yet searching for the activity, they are viewed as frictionally jobless. The other kind is the repetitive joblessness which emerges with the progressions in economys development rate. An economy encounters diverse monetary states in its tasks. It is supposed to be in a blast state when the monetary presentation is high. During this express, the joblessness rate falls. The other state is the downturn state when the economys execution is poor. During this period, the pace of joblessness rises. A downturn is related with low expansion rates. This imply the cost of merchandise and ventures are low in this state. Since providers readiness to flexibly is discounted when costs are low, they lay off certain laborers. Less creation happens, and since the costs are poor, less incomes are raised. Contrasting this with the creation costs, firms are compelled to lay off some workers.This specialist may recapture their activity positions once the economy recuperates. Prior to the recuperation, these laborers are supposed to be consistently jobless. The third kind is the basic joblessness which emerges on the grounds that the laborers looking for business can't fit into the accessible occupations. There is unbending nature in the exchange of abilities from one part to the next. In the event that a laborer loses an employment, some of the time it turns out to be so hard to get another. Continuously there are occupations accessible in the economy, however few out of every odd activity searcher meets all requirements to fill these positions. One may have solid employments aptitudes in a single division, however when you consider using the abilities in some other part, it gets pointless. As indicated by Fowkes (2011), a few people may stay jobless in any event, when there are a lot of employments. The structure of the business has likewise added to basic joblessness. Globalization of the world economies has brought about improved mechanical developments; the business activities are done with new innovation. A portion of the at first utilized laborers neglect to have the attractive aptitudes to adjust to the evolving innovation; they wind up being laid off the activity. The last sort to be considered in this paper is the regular joblessness which happens on the grounds that a few specialists rely upon occasional occupations for work. These employments incorporate fundamentally ranch activities. For example, in the development of a specific plant animal categories, there are numerous phases where work is required. For example Burrowing during planting, the following is a weeding period, and ultimately the reaping time frame. A few laborers are possibly utilized when these stages are reached at. There exist a period contrast between the stages; the laborers have no activity to do during this time. They are in this manner alluded to as occasionally jobless. Fig: Seasonally balanced joblessness rate Fig (a) Fig (b) Source: 6202.0 - Labor Force, Australia, Aug 2016 The figure above shows that the pattern of the joblessness rate is contrarily slanted. This imply the rate is falling. As it tends to be watched, the additions in the work rate is adding to the fall in the joblessness rate (Abs.gov.au, 2016). There is an increasing pattern of business rate in Australia when the exhibition for as far back as two years is thought of. Issues of Unemployment One of the issues is the numerous years that is taken before the old representatives resigns. Retirement makes more employment opening. At the point when the retirement age is exceptionally high, the openings for work take such a long time before they are made. The adolescents, consequently, face some significant stretches of joblessness before they at last get utilized. Buultjens (2005) suggested that laborers ought to resign an early age. The joblessness issue is looked by changed age bunches in the general public; the biggest gathering is that of 15-19 years. The 20s, 30, 40s and 50s gathering are very little influenced. The following biggest gathering is the 60s since they are dismissed at work environments. They are viewed as less beneficial, and henceforth managers can't utilize them. The other is the school degree of consistency. The understudies who stay in school following 15 years are low in number here and there.

Role of Critical Thinking in Development

Question: Examine about the Role of Critical Thinking in Development. Answer: Presentation Basic reasoning is the capacity to consider clearly and sensibly, and comprehend on the legitimate association between the ideas. This subject keeps on being the issue of conversation especially concerning scholastic composition. Basic reasoning may be believed to be the capacity of playing out the intelligent and the unprejudiced reasoning. Basic reasoning requests ability to cause. It is centered around being dynamic students rather than a detached beneficiary of the realities. Basic scholar altogether question on the recommendations and the suspicions and don't simply concur on the presumptive worth when given data. An individual should initially explore, and check if the thought, contention or maybe an examination is valid before tolerating the outcome. It genuinely is once in a while endeavoring to accept that scholastic composing is guided dependent on homogenous highlights Writing is a technique to show your coach you have clearly grasped on the standards. Scholastic composing bolsters somebody to think, and believing is actually what the school is about. It offers something worth mulling over. Creating ones ideas includes getting some type of thoughts, find them, clarify, change and even develop them. Scholastic composing encourages one to take the entirety of that action into the perception, assists with explaining and furthermore direct out one speculation, just as producing all the more reasoning. Scholastic composing depends on different qualities some which are as per the following: it is formal in nature, target point of view, reacts to more extensive grants claims, fundamentally drew in, references and normally powerful in nature. The papers means to depict the reason for every one of the attribute of scholastic composition and expound on the job of basic speculation in the improvement of these qualities. Formal nature. The scholastic composing is normally nature in formal. The motivation behind this trademark is to ensure that under no situation would be scholarly composing utilize the everyday articulation which are normally considered in nature regularly exchanges that we use have with the companions or maybe colleagues.It is in this manner essential to ensure that the level of convention ought to be high at all conditions when undertaking scholastic composition and consistently stay away from the conversational words and the articulations. Target point of view. This trademark it involves one relying upon the subject to be objective. There is little assessment that is required in the scholarly composition. This trademark intention is to empower the author to be constantly target when composing an article. At the point when one is adding to a scholarly discussion about an issue, you have your own supposition yet you should communicate it impartially. The scholastic composing has far less accentuation on the individual and more accentuation on what one need to clarify. This trademark causes an essayist to comprehend that the composed language is when all is said in done more target as opposed to being close to home. Along these lines, hardly any words ought to allude to the author or the perusers. The accentuation ought to consistently been on the data that you need to give and the contention that are being clarified regarding the matter subject of the scholarly composition. Reacts to more extensive grants claims. This trademark features that there is the utilization of exact utilization of jargon in the content, which is of must that one, needs to be scholarly. Wide assortment of research is drawn from various sources so as to ensure the realities are exact. There is no room of error. Its motivation is to ensure one beware of the nature of the examination which is expected to be utilized and there ought to be utilization of the most solid. The trademark advocate that before an author centers around an article one should look through the wellspring of the material that will be utilized in the scholastic writing.Further, there ought to be a more extensive react to the researchers guarantee on the given realities on a given subject. This could be accomplished through identifying with different creators chip away at a similar subject. Fundamentally locked in. This trademark encourages people to concentrate on the purpose of the subject that they are expounding on and the source material. One ought to expound on their contemplations and tell the perusers on their idea regarding the matter. Fundamentally connected with intends to be centered around the subject that one is expounding on. The essayist ought to have the option to give the proof just as defense for any case they make. It is the duty of the essayist to show a comprehension of any sources message that are utilized in the scholastic composition. The reason for this trademark is to offer exactness to the essayist to concentrate regarding the matter theme they are doing research on. It ought to be normal for the understudy composing a paper or maybe a scholastic report to concentrate on the need to connecting increasingly basic to the source material for the examination. References. This trademark advocate that the scholarly composing ought to be treated with the obligation. In all things, which is expressed in the exposition or the subject, theme ought to be joined by utilization of evidence just as defense and no suspicions ought to be given. The reason for the trademark in the scholastic composing is to urge people to demonstrate the hotspots for the materials that are utilized in the examination. The references of the materials utilized ought to be unmistakably given as sources are significant part for the any given research. Advocating implies why you do or maybe you do concur with what a given creator had said and giving references effectively. Enticing in nature. The writer of the scholarly composing is capable to make the subject point that is being research as enticing and express as much as possible.It ought to be clear and feature how different pieces of the content are associated among them and why they are important for the focal topic. The motivation behind this trademark is to urge the writer to be innovative in whatever they compose and give all the important realities on an offered subject to seek after the perusers on their perspective on the issue. This could be accomplished through utilization of the flagging words. Breaks down of the job of basic speculation to the improvement of the attributes. The basic reasoning has passed on basic recommendations of what it actually all includes. It bears stayed a thought over which there have been altogether uncertainty and resistance about what it incorporates absolutely how it bears showed. In wide basic reasoning is thought of as the psychological ability which interface with the objective judiciousness. With respect to scholarly composing it truly is viewed as with regards to the capacities or perhaps the aptitudes, for example, choice, examination, assessment, surmising and judgment. At the point when basic believing keeps on being utilized on scholastic composing the above abilities are commonly expressed by means of the methods for argumentation, creating a contention for example the article. The contention that is structured should be formal in nature. The contention is broadly observed as the essential composition of the basic reasoning. Numerous understudy lacks is the appreciation of the usage of arrangement of formal content ion. Some of the understudies accept argumentation connotes the showcase of their unique view or maybe conclusion since they want. An extra misjudging is the reality argumentation is regularly shown predominantly through ill-disposed position in scholastic composition, by clearly disparaging the investigation of the researcher or cases .Critical reasoning can assist one with being formal in their scholarly work through having an account of their advancement work in their worksheet. The advancement online journals are manners by which the understudy could record on their accomplishments and battles recorded as a hard copy the scholastic expositions or paper. The utilization of notes help the understudies in their arrangements, and the progressions they could make in case of composing. Custom recorded as a hard copy includes giving of investigate and input from different understudies on ones work with the goal that they can chip away at it better. The basic reasoning causes one to con sider the tone of the composition and roll out straightforward improvements to the expressions. Basic reasoning encourages one to have target point of view. It is the key model for the high scoring paper. It is through being a basic mastermind would one be able to know in scholastic composing ones genuine belief ought to be utilized to insignificant. The creator focusses on the primary subject and offer on the data about it, without engaging with the individual issues. Basic reasoning causes one to separate between the closely-held conviction and the primary subject of the point under research. In scholarly composing the writers will in general use things instead of the action words recorded as a hard copy on the offer data of the examination. Basic reasoning encourages the understudies to react on the more extensive grant cases to crafted by various creators. This is accomplished through helping them to assess on the line of thinking. The creator can distinguish the contentions from various creators contain all the explanation in favor that are pertinent and add to the subject under research. One might decide the bogus premises beginning from the point that isn't demonstrated or upheld up to the proof regarding the matter. Further, it helps in deciding of imperfect thinking through bogus association between the focuses. Basic reasoning has empowered the people to be basically locked in. Commitment involves concentrating on the wellspring of the material that are utilized in the exploration. The part of basic reasoning encourages one to secure standards and the abilities to participate in the standard controlled practices, which are normally the center of sensible decisions to a given setting in inquire about. The understudies could along these lines center around the center part of research and leave some other material that is insignificant. In any great research it offers credit to the wellspring of the data at the end of the day toward the finish of the exploration there is references. It is through c

How to Write an Early Decision Essay in Ten Days

How to Write an Early Decision Essay in Ten Days How to Write an Early Decision Essay in 10 Days How to Write an Early Decision Essay in 10 Days This is not a drill. November 1 is 12 days away. Super procrastinators, take heart. We can help you write your essay in just 10 days (and we do recommend submitting your essay at least 24 hours before the official deadline). All you need to do is set aside at least 45 minutes per day to watch a video and work through one crucial step of the writing process at a time. Here’s the breakdown: 1.  Find your essays purpose. The essay plays a different role than your grades or test scores. It is your one opportunity to speak to admissions in your own voice â€" and to jolt them awake from their application-reading-induced slumber. What do you want your essay to tell admissions that they couldn’t learn anywhere else on your application? How will you grab and hold their attention? 2. Review the Common App prompts. Even if you have other essays to write for your early decision or early action school of choice, the Common App essay is the place to start. Read through this year’s prompts and wrap your brain around what the questions are really asking. Then, hide them away and don’t look at them again until you have written a draft. At the end of the day what it most important is the story you want to tell. You can almost always back into one of the Common App prompts once you have honed your topic to perfection. 3. Brainstorm your topic. Stop waiting for divine inspiration. Go out into the world and look for clues. Whether you create lists, take notes on your daily habits, or call up your grandma for ideas, devoting time to brainstorming is the only sure way to uncover your magic topic. 4. Free write your heart out. Once you have brainstormed your way to a magic topic, set aside some time (perhaps three different times throughout the day) to freewrite on what that subject means to you. Get your first thoughts on the page in full and without judgment. Dig for details. You’ll never know what’s inside your brain until you allow it to come out on the page. 5. Sculpt your story. Review your free writes and you’ll probably start to notice patterns. What particular moment or individual sticks out in all of your notes? Is there a word or image that seems significant? Use these clues to organize your story into a preliminary outline. We bet you can even pull complete sentences and paragraphs from your free writes into your first draft. 6. Edit, edit, edit. How can you make sure that first draft is transformed into a mind-blowingly memorable essay? Read it over at least three times. Edit for story. Then edit for clarity at the sentence level. Finally, edit for grammar. 7. Organize those supplements. Most supplemental essays fall into one of a few classic categories, so organization is key. If you are applying early to just one school, make sure you do your research thoroughly so you can fill your essay with relevant details. If you are applying to more than one school, group similar assignments together and work on those essays from longest to shortest. 8. Manage your writers block. We know you know that feeling. Your mind is fuzzy. You’re not really feeling like yourself. Every time you sit down in front of the computer your head hurts and your fingers cramp. You can cure this horrible feeling with a few small mental changes. For starters, lower your standards. Not like, forever. Just for the beginning of the process. You will raise your expectations of yourself later as you refine and polish. When you start, quality is not the issue. The issue is that you turn that scary blank page into one filled with ideas. 9. Refer to example essays in moderation. Poring over dozens of sample college admissions essays immediately before sitting down to write your own can be a debilitating exercise because you may feel compelled to compare your earliest ideas to these final, polished essays. That doesn’t seem fair! That said, we do think that it can sometimes be helpful to read through a few (just a few) to help direct your brain towards the style of the personal narrative. 10. Call for help! After all of your hard work, if you are still wondering if your topic is worth its weight in hamburgers; if you’re not sure whether your story structure is strong enough to support your big idea; even if you’re just wondering whether or not your overall story will create enough fireworks to hold the attention of an admissions advisor for your allotted two minutes of admissions essay fame, CALL US! Or email us: info@collegeessayadvisors.com. We will personally extract the winning ideas from your noggin with our magic powers (of conversation). About Rebecca SemenetzView all posts by Rebecca Semenetz »

How Adequately Intellectual Property Rights Protect the Position of the Creator - Free Essay Example

This essay will consider the topic of how adequately intellectual property rights protect the position of the creator, with whom those rights may reside. The essay will deal with four specific areas of this topic à ¢Ã¢â€š ¬Ã¢â‚¬Å" (i) intellectual property patents; (ii) copyright; (iii) trade marks and (iv) industrial design law. The essay will deal with the nature of intellectual property rights, their scope and efficacy. Intellectual property rights, and their various forms These rights accrue where something is created, such as where a scientist invents a machine that performs a certain function. Intellectual rights are legal rights, and they give the creator a right to ensure that a creation is not reproduced, without the authorisation of the creator. The intellectual property right therefore protects the creation, since the creation can, and usually is a saleable commodity. By extension the rights of the creator are also protected, because the creator may enforce these legal rights against any third party who attempts to reproduce their creation without authorisation. Thus a creation attracts a range of legal protections that a creator can enforce, thereby protecting the profitability of the creation. Intellectual property rights can be transferred, as the right of protection is tied to the creation, more than it is to the creator, and this frequently occurs, for example in relation to the intellectual property rights in drugs that are owned originally by a given scientist, but transferred to the company that may employ the scientist, and fund their research. Intellectual property rights are protected depending on the nature of the item that is to be protected, and these protections can take specific forms such copyrights, or patents depending on the actual nature, properties and characteristics of what is to be protected. A patent offers protection regarding the intellectual property rights in a new invention. Patent protection is more directed at the process through which a creation is created . It focuses on the process itself, thereby protecting how a creation is created. There are certain criteria that apply to distinguish a patent as opposed to another form of intellectual property protection. These are: the invention must be new, and contain an innovative step that is original. There must be scope for the creation to be used within industry. In order to be patentable, the creation must not be a scienti fic, or mathematical discovery, theory or method, a literary work or some form of performance, a way of presenting information or of doing business or performing, a variety of animal or plant, a diagnostic technique or medical treatment. Furthermore a patent must not offend public policy or morality. A patent, therefore is where intellectual property rights accrue within a certain set of parameters, such as where a timescale applies. An example of this is the intellectual property rights that accrue to drugs manufacturers à ¢Ã¢â€š ¬Ã¢â‚¬Å" these are protected by patents, and international law provides that these last for a given length of time, which in turn enables third parties to reproduce the drug after the patent has expired. A patent must almost always be applied for, with the authorisation of the creator. Copyright protects particular types of works. Usually this is works that have an author, such as a book, article of some type of performance, such as a musical or other artistic performance. The Copyright, Designs and Patents Act 1988 gives automatic protection to the work of such a creator. In the UK the main source of legislation that protects the position of the creator is the Copyright, Designs and Patents Act 1988. The rights of creators under the various types of intellectual property rights In regards to copyright, there is no need to apply for a patent , although it must be borne in mind that particular exemptions apply. The operation of these exemptions offer some level of accessibility to third parties, who can reproduce the work for a particular, defined purpose without infringing the legal copyright of the creator. An example is where a book, protected by copyright is borrowed from the library by a student, and the student photocopies the contents of it for study purposes. The student is authorised under statute to do this, as long as the photocopy is used for this particular purpose. Likewise a tutor may use a book in the same manner. This exception is known as the fair-dealing exception. The protections available to copyright holders are premised on defaulted assumptions that operate automatically. This gives the creator a specific and in many senses, quite a clearcut level of protection where their copyright may have been infringed. The exemptions, while they appear to quite wide-ranging are nevertheless limited to very specific types of non-commercial situations, and due to this, it would be difficult for the exemptions to be abused in order for the intellectual property rights of the copyright holder to be infringed. The copyright, as far as this protects the position of the creator is therefore quite an effective construction. It may be seen as cost-effective as a copyright holder does not have to incur any expense prior to any potential infringement of their copyright. The rights of the copyright holder may therefore be seen as quite effectively protected under the law of England and Wales. The situation of the intellectual patent holder is different, for a number of reasons, and the case for how well the creator is protected under the system is not quite as clearcut. By contrast with the situation in respect of copyright holders, the intellectual property patent is a source of protection that must be applied for, and granted. Patent rules thereby impose an obligation on the creator to acquire protection, and to prove that the creation in question is worthy of such protection. In this sense the copyright protection accrues on a defaulted basis, whereas the patent is a different mechanism that must be activated, before it creates an enforceable right of intellectual property right protection. However, the automatic nature of the protection that is created by a copyright has the drawback that rights are qualified by statutory rules, and this is something that the intellectual property patent is not as susceptible to. The situation of the patent-holder creator is therefore affected by complex factors including the nature, and means through which intellectual property rights may be invoked and the manner is which they are created in the first place. The most starkly relevant point is the level of obligation placed upon the would-be patent holder who is the creator of an invention . This burden imposes a high level of expense on the part of the creator, and due to the availability of the mechanism, the recourse that may be affected by creators that fail to use it are quite limited. Furthermore, the creation of a patent does not offer a full level of protection to the patent holder, since any allegations that the patent has been infringed are subject to the burden of proof in legal proceedings and proving an infringement is yet another potential complex and expensive engagement with legal processes. On the other hand however, the obligation placed upon the patent holder requires the creator (or the third party to whom a creator may have passed their intellectual property rights to) to define their creation, and explain its purpose clearly, within documents that are recorded and held by third parties. This process may arguably safeguard the position of the patent holder since the prior description may be helpful in terms of proving any future potential infringements. The complex nature of the patent can also confer rights on the creator of a patent, where that creator has assigned the rights of the creation patented, to a third party such as an employer. This is a situation that is commonly experienced, where a pharmaceutical company, for example hires researchers to research the creation of new drugs. This was the situation in the case of James Duncan Kelly and Kwok Wai Chiu v GE Healthcare Ltd [2009] EWHC 181, (PAT) . The background to the case was that the claimants were employed by GE Healthcare (the respondents) and during the course of their research, commissioned by their employer they developed an extremely profitable creation, which their employer benefitted from immensely. The case appears to contradict the statutory provisions that govern patents commissioned by employers through research in these circumstances (section 39 of the Patents Act 1977), since these provisions automatically vest the rights arising from creations made in the course of employment into the possession of the employer. The judicial analysis in James Duncan Kelly and Kwok Wai Chiu v GE Healthcare Ltd [2009] EWHC 181, (PAT) identified the rights of the employees as limited, and the profit they made from the venture was actually referred to as compensation in the judgement, but the judgement nevertheless does appear to considerably strengthen the position of the creator, where the creator is employed and assigns the rights associated with their creation to a third party (in this case, the employer) . It may be argued therefore, that while there are considerable obligations placed upon a creator, in terms of obtaining patent protection, the developed body of patent law, regulation and rules appears to have quite an equitable approach to the enforcement of a patent, and this may not necessarily be visible within the other areas of intellectual property regulation. Trademarks, too are a separate category of intellectual property rights that have specific characteristics. A trademark is a mark that indicates or signifies information. It is usually used to indicate that particular items have a unique source, and trademarks are commonly used by businesses or individuals, so that their products or services may be distinguished readily among potential users of the trade-marked goods or services. Problems can arise with the use of these trade marks, for example a well known brand of boots à ¢Ã¢â€š ¬Ã¢â‚¬Å" UGG boots for example are known for their unique style, durability and quality. Another manufacturer can reproduce the boot, but use a trademark that is slightly different although not easily distinguishable from the original UGG logo. Due to the, customers identifying with the UGG brand can confuse the two, and purchase the other UGG brand. This can be potentially damaging to the original UGG provider for two main reasons. Firstly, it can divert business from the original UGG provi ders due to the confusion about the brand, and secondly where another provider sells poor quality boots, this can damage the reputation of the original UGG provider, where there is confusion about the trademark, due to similarity with other trademarks. These difficulties have resulted in trademarks being given intellectual property status, and legal protection. Again however, the protections offered in connection with trademarks are different from the other forms of intellectual property rights protections that have previously been discussed in the essay. Trademarks are protected where they are used in a market, or where they are registered. In this sense there is a dual form of legal protection available in contrast with the law of copyright, which is automatic and the patent, which requires registration. In this sense the trademark may be seen as having benefits associated with copyrighted material, as well as patented material. This being said however, the rights that ma y be enforced by the owner of a trademark that is not registered, are far more limited than the rights that may be enforced where the trademark is registered. Furthermore, there are additional costs burdens on complainants wishing to enforce intellectual property rights in connection with an unregistered trademark. Perhaps the main advantage of the particular operation of the trademark intellectual property right is the retrospective nature of the operation of the intellectual property right, which sets the trademark apart from the patent in many respects. The owner of a trademark must also grapple with the changing socio-political and socio-economic developments such as the increased use of global markets to conduct trade. The internet, likewise and the range of associated technological developments that have emerged over recent years, have also changed the nature of protections available to the owners of trademarks. In response to this the Madrid and CTM systems of t rademark registration have emerged. The Madrid system is an international system for the registration of trademarks, which enables a trademark to be registered across multiple jurisdictions. Likewise, the Community Trade Mark system is a trademark system that operates on the basis of EU policy, law and agreements. It enables trademarks to be registered across multiple jurisdictions. However, both of these systems have a single drawback à ¢Ã¢â€š ¬Ã¢â‚¬Å" they are not fully international, and thus the owner of a registered trademark may be susceptible to infringements of their trademark intellectual property rights, where the agreements are not effective, for whatever reason. The Madrid system has proven to be the most successful, as problems have been identified with the dual approach to the protection of trademarks, under the Community Trade Mark system, given the fact that most EU jurisdictions have national schemes for the protection of trademarks, that operate in conjun ction with the EU-wide one. The Madrid system however, has a more central focus and it enables the owner of a trademark to file a single application for trademark protection, and use it to obtain protection in the other jurisdictions that are subscribed to the intellectual property rights protection system. That person attempting registration does not have to apply in the other jurisdiction also, and this means that the Madrid system is widely regarded as being more cost-effective. The situation of the creator in terms of industrial design law is essentially one that is highly specific and individual, setting it apart from the other areas of intellectual property concerns. The creator of an industrial design can acquire intellectual property rights to that design whether the design is registered or not. This sets it apart from the position of the patent. However, the structure of the design right may be seen as flawed however, given the length of time that an intellectual p roperty right can last (usually 15 years, and 25 in some cases). The time limits that apply to patents may be seen as more justifiable, give that on many occasions the removal of the patent paves the way for cheaper drugs manufacture in developing countries. This essay has considered four separate areas of intellectual property law à ¢Ã¢â€š ¬Ã¢â‚¬Å"copyright, trademarks, patents and industrial design law. The characteristics of each has been evaluated and considered. Essentially each intellectual property protection provision is different with its own approach to the protection of specific types of intellectual property rights. It has been argued that the operation of the protection and how it may be created is critical to the value of the protection offered to the creator. It has been argued that the position of the creator is arguably protected better in a situation where some form of retrospective remedy, or prior protection is given to the creator. Nevertheless, the regulation of patents, notwithstanding that it does not have this constitution, may be seen as progressive given the equitable approach to the assignment of rights from creators that are employees, to their employers that was demonstrated in the case of James Duncan Kelly and Kwok Wai Chiu v GE Healthcare Ltd [2009] EWHC 181, (PAT) . The essay has also addressed how the changing socio-political and socio-economic climate has affected the situation of the creator in terms of intellectual property protection. It has been argued that these changes have impacted the world of intellectual property protection by making it more complex, and more onerous on particular firms and businesses in terms of operating their businesses. It must be acknowledged however, that the framework for the operation of intellectual property protection is regulatory, and due to this it is quite impossible to have a perfect system. There will always be complexities and difficulties that arise from the very process of regulation. In the case of intellectual property protection it may be argued that the different legislation provisions that specifically target each area of intellectual property protection are unique and tailored to the particularities of their remits. Given this complex fabric, it is difficult to compare and contrast the systems, and identify one that is more flawed, or more advantageous to the situation of the creator. The writer has therefore attempted to highlight how each system may advantage and disadvantage the situation of the creator. Bibliography Books Banbridge, D. (2006) Intellectual Property (6th Edition) Longman, UK. Bently, L. and Sherman, B. (2004) Intellectual Property Law (2nd Edition) Oxford University Press, Oxford. Lawson, F. and Rudden, B. (2002) The Law of Property (3rd Edition) Oxford University Press, UK. Panesar, S. (2001) General Principles of Property Law (1st Edition) Pearson, UK. Articles Cohen, J. (2009) Share and share alike. The New Law Journal. 159 NLJ 465. Forte, P. (2008) In practice: legal update: copyright, music and exemption. The Law Society Gazette, 27th of November, 2008. Leong, S. (2007) Copyright infringement in a borderless world International Journal of Law and Information Technology 15 (38) Zeko, G. (2007) State Cyberspace jurisdiction and personal cyberspace jurisdiction International Journal of Law and Information Technology 15 (1) Other Sources Halsburys Laws of England and Wales (2006) Copyright, Design Patent and Related Rights Nature of Copyright (Volume 9 (2) Paragraph 3) Halsburys Laws of England and Wales (2009) Trademarks (Volume 11 Paragraph 1-1108) Halsburys Laws of England and Wales (2009) Patents (Volume 11 Paragraph 1-1108) Halsburys Laws of England and Wales (2009) Copyright (Volume 11 Paragraph 1-1108) Halsburys Laws of England and Wales (2009) The Copyright, Designs and Patents Act 1988 (Volume 9 (2) Paragraph 54)

What Is Coffee A Sociological Perspective - 1365 Words

What is Coffee? - A Sociological Perspective Something so small, berries, in this case, can have a much larger influence than one may imagine possible. According to C. Wright Mills, author of Personal Experience and Public Issues from the book Readings For Sociology, social imagination enables us to grasp history and biography and the relations between the two within society (15). Social imagination is being able to look at something such as an item or action and see the influences it has on everything surround it, it is a form of self-consciousness (Mills, 16). Being able to see multiple perspectives of what is happening around you. While sociology explanation is being able to explain how people, and specifically how their behaviosr have a connection to society as a whole. An individualistic explanation would be how the behaviors of that one person are due to their own problems and not societies. In this paper, I have analyzed the sociological perspective of an everyday drink, coffe e. Coffee is no longer a pure drink. Instead, it has become a necessity for everyone trying to keep up in the fast pace world without falling behind and has created many outcomes in the world. The historical evolution of coffee dates back to thousands of years ago. Many myths had been created to when coffee had first started; one certain myth leads back to Ethiopia. According to the National Coffee Association, there was a goat herder by the name of Kaldi, who had noticed that hisShow MoreRelatedThe Sociological Imagination By C. Wright Mills857 Words   |  4 PagesThe sociological imagination is simply the act of having the capacity to think ourselves away from the commonplace schedules of our day by day lives keeping in mind the end goal to take a gander at them with a new perspective. C. 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It exp lains why I drive the way I do, how I talk, what is socially acceptable, why I react to things the way I do , why I attend LIU, etc. My cultureRead MoreWhat Can We Do? Becoming Part Of The Solution1619 Words   |  7 PagesThe Sociological Imagination is a concept first used by a well-known sociologist, C. Wright Mills, in 1959. In Mills article, The Promise, indicates that, The sociological imagination enables its possessor to understand the larger historical scene in terms of its meaning for the inner life and the external career of a variety of individuals(Mills, 3). Sociological imagination helps individuals to contemplate their own troubles in a deeper level and view their daily routines in an entirelyRead MoreA Comparative Look At Space And Law Essay1472 Words   |  6 PagesA Comparative Look at Space and Law Space means what we want it to mean. Defined by those who occupy it, giving it a purpose and without it, it is nothing more than an empty area, blank and lifeless. 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Cultural Considerations In Mental Health. All Cultures

Cultural Considerations in Mental Health All cultures have differnet beliefs about mental health and how they precieve what causes the disorders, how it can be cured or treated, and who should be involved in the process. Western coutries such as the United States, which see mental disorders as a result of natural scientific phenomena, advocate medical treatments that combat neurological imbalance and/or the use technology to diagnose and treat mental health disorders. Other countries believe that mental illness is the result of supernatural phenomena and promote prayer or other spiritual interventions that counter the presumed disfavor of powerful forces. Some cultures might ignore seeking professional medical help because they believe†¦show more content†¦My patient is 32 year Indian female who resided at a group home. She doesn’t have a good family support. Unable to express himself, difficulty with eyes contact, generalized restlessness or agitation, feelings of despair, hopelessness, and, delusions and h allucinations is common with this patient. I will inquire if the family prefer same gender to care for them; is there a particular diet patient follow, because majority in this group tend to be vegetarian. The family do want to incorporate their cultural beliefs in the plan of care. Her sibling do not want to have anything to do with her due to her illness. Her parent comes to visit once every three months. My nursing diagnoses include: Risk for self-injury related to depression/psychosis as evidenced by previous suicide attempt and suicidal behavior. Disturbed Thought Processes related to inability to evaluate reality as evidenced by flight of ideas and grandiose delusions. Ineffective Coping related to internal conflicts as evidenced by internal preoccupation and by unpredictable and impulsive behavior. Impaired Social Interactions related to impulsivity and hyperactivity as evidenced by spontaneous singing and performing aerobic exercises. Intervention/goals Risk for self-injury related to depression/psychosis as evidenced by previous suicide attempt and suicidal behavior. Patient will verbalize feelings; express decreased anxiety and angerShow MoreRelatedConceptualization Of Stigma And Transcultural Considerations Essay1295 Words   |  6 PagesConceptualization of Stigma and Transcultural Considerations: To create further understanding the TCP model will be applied to each theories strengths and weaknesses. TCP model assists understanding in working across cultures. TCP contains five dimensions described below. Cultural knowledge is concerned with understanding concepts regarding culture and a social worker’s application of this knowledge. Cultural competency represents cultural responsiveness in the social work practice. 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Scarlet Letter - Central Idea - Free Essay Example

Sample details Pages: 2 Words: 622 Downloads: 7 Date added: 2019/05/15 Category Literature Essay Level High school Tags: The Scarlet Letter Essay Did you like this example? In The Scarlet Letter, there are two main central ideas presented throughout the book. The three main characters; Hester, Chillingworth, and Dimmesdale, all contribute to changing and shaping the core of the story. In addition, the setting and events in the book help to develop the two main points; secret sin and hypocrisy. Don’t waste time! Our writers will create an original "Scarlet Letter Central Idea" essay for you Create order These two particular themes are presented within the book time and time again. With central ideas of secret sin and hypocrisy, this novel is a page turner. Within the novel, sin is deeply revealed not only as the crime itself, but the effects sin has on the mind, body, and soul. Secret sin is revealed most through the actual characters. Hester, Dimmesdale, and Chillingworth all have their demons. Ironically, they all live in the tiny Puritan town of Boston, Massachusetts where sin is strictly forbidden. Because Puritans believe all people to be born sinners, they consider it their job to watch over each other. The disowning and taunting of the towns citizens starts with Hester. Hester committed adultery. This was a sin punishable by death, but they decide to instead make Hester a living reminder of what adultery looks like. They made Hester wear a big A on her chest so she would be reminded of her sin. Thus the young and pure would be taught to look at her, with the scarlet letter flaming on her breast, at her, the child of honorable parents, at her, the mother of a babe, that would hereafter be a woman, at her, who had once been innocent, as the figure, the body, the reality of sin. (Chapter 5, page 1). Her partner in this act of adultery was Dimmesdale. However, Dimmesdale was a minister. People looked up to him for moral  guidance. This is where the hypocrisy is shown. Dimmesdale is in the midst of living two lives. He claims to go about his life Godly, but actually he is doing the complete opposite. Chillingsworth is much more vile and cruel than the two other characters. In contrast, Chillingworths secret sin is more internal rather than external. He has this obsession to destroy Dimmesdales life for committing adultery with Hester. Hadst thou sought the whole earth over, said he, looking darkly at the clergyman, there was no one place so secret, no high place nor lowly place, where thou couldst have escaped me, save on this very scaffold! (Chapter 23, page 18). He is seen as evil or the devil/demon himself in the story. The story itself is hypocritical. Three characters are living their life in sin, but yet the setting takes place in a Puritan society. Hypocrisy is the other big central idea in the book. Dimmesdale is the root of hypocrisy in this book. He is the minister in the Puritan town, however he doesnt live his life accordingly. Living two lives can be exhausting. He goes about his everyday life worried someone will find out his truth, while juggling his respectable life as a minister. Keeping his sin secret is killing him physically and mentally. He judges Hester for her sin and not telling people the truth about who the father is, but why should that be Hesters responsibility? He is the one who made the mistake, but he is too cowardly to stand up for his own actions. Hypocrisy is yet seen another time from Dimmesdale when he judges Hester, but he hasnt even come clean about his own sin. Hypocrisy and secret sin are shaped and developed through the characters, setting, and timing of events. The lying, cheating, and darkness the characters display proves this notion. The setting is ironic because the town is supposed to be pure and authentic, however, all that is seen is sin and deception.

Influence of Sports Upon America’s Youth Essay - 2255 Words

Influence of Sports Upon America’s Youth Over the last two decades the growth of youth sports has reflected the popularity of professional sports in our society. Sporting events and news are available to the public twenty-four hours a day on television and radio: sports are an enormous industry. The outstanding popularity of the sports industry has profoundly affected youth sports organizations. An estimated twenty-five million children age six through eighteen participate in at least one school or community based athletic program. These numbers increase exponentially as the age of boys and girls entering sports keeps falling. In order to supervise, teach and manage these athletes about 2.5 million coaches spend an average of eighty†¦show more content†¦Many feel that self-esteem and self-image can be greatly improved through sports. Psychologists around the country stress a need for an active life style to develop healthy self-images. Eric Margenau, a psychologist and author, feels that early and frequent exposure to sports is the key to personal growth. Sports introduce children to healthy competition. A child’s failure in competition helps them learn to win gracefully and lose with honor. It teaches youngsters that through perseverance and determination they can win next time. These lessons that children learn will stay with them throughout their lifetime. Some skeptics criticize the very premise of competition is hazardous to a child’s psychological and emotional well-being. The critics of sports emphasize the detrimental affects of competition and the negative influence of untrained coaches and pushy parents. There are a huge number of children playing sports, but due to burnout, stress, psychological trauma, and lowered self-esteem as many as seventy-three percent quit sports by the age of thirteen. Rick Wolff, a former professional baseball player and coach, claims there are several factors contributing to this phenomenon such as: parents and coaches putting excessive pressure on children, specialization in one sport, over competitiveness, anxiety and loss of interest. This lack of interest may stem from the fact that they are cut from a team, injured, orShow MoreRelated What Is A Hero? Essay1173 Words   |  5 PagesStanbsp;nbsp;nbsp;nbsp;nbsp;tes, where health problems are increasing at an alarming rate. The diets of many men, women and children are unhealthy, and lead to high blood pressure strokes, diabetes, osteoporosis, hypertension, and mental health problems. The poor state of America’s health is a serious concern for Arnold, and he is constantly striving for ways to improve it. Arnold is an advocate of health and fitness as displayed by his own lifestyle. 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Throughout all of America’s history jazz has been there to accompany and reflect it. But jazz has had its own history that is often underappreciated and hidden from the general public. There is evidence of this covering up of the history of jazz for example in the civil rights movement. The roots of jazz started with the bringing of African slaves to the Americas. While many doRead MoreThe Benefits of Youth Sport Essay2219 Words   |  9 Pagesa young age, why not encourage them to continue by enrolling them in an organized youth sport program? Young people will gain many positive experiences by participating in organized physical activities, but none as important and influential as the social skills, physical skills, and mental skills developed and nurtured during their time in youth sport. As a result, the young participants can continue to build upon and cultivate these skills which will ultimately be transferred into their developmentRead MoreWhat Are They Key For Success?1650 Words   |  7 Pagesand work ethic, has allowed Gates to amass the fortune he holds today, and experience such an astronomical degree of success. First, one’s environment and upbringing plays a crucial role in one’s success. This is notably exemplified in particular sports, such as hockey. In hockey, almost every star is born in January or February, because January 1 is the cutoff for age-class hockey in Canada. Thus, these eight and nine year olds have a few extra months on their age group, resulting in their slight

Raymond Carver Free Essays

Most of the stories from Raymond Carver share the same topic, alcoholism. But there are two particular stories â€Å"Chef’s House† and â€Å"Where I’m Calling From† that have certain similarities and differences. In â€Å"House† Edna agrees to reunite with her alcoholic husband, Wes, for one summer to share a friend’s beach house. We will write a custom essay sample on Raymond Carver or any similar topic only for you Order Now During the summer Wes refrains from drinking, to enjoy the summer. When Chef returns, requiring Edna and Wes to leave, everything changes again. In â€Å"Calling,† we meet two patients of an alcoholic facility who share their experiences in life.In fact, â€Å"House† and â€Å"Calling† differ in the setting of the stories, but are similar because they both have friends who were or are alcoholic and also because the addiction to alcohol has ruined their lives. First, the stories differ in the setting. On one hand, in â€Å"House,† the story takes place during the summer in a beach house. The main character Wes calls Edna to ask her to spend the summer with him after their separation caused by Wes’s alcoholic problem.Wes would not take a no for an answer therefore he uses the weather to captivate Edna: â€Å"Edna, you can see the ocean from the window. You can smell the salt in the air (qtd. In Carver 27) In contrast, in â€Å"Calling,† the story takes place at an alcoholic rehabilitation facility during the period between Christmas and New Years day. As a consequence, the dry out facility is a place of isolation and sadness. For most part of the story, the narrator sits on the front porch with a fellow patient named J. P. hom he has just met and has never stayed at the facility before. The narrator notes and implies that the weather is too cold: â€Å"J. P. and I get out of the chairs and to go inside. It’s starting to get too cold†¦We can see our breath drifting out from as we talk† (qtd. in Carver 140). However, there are also similarities between â€Å"House† and â€Å"Calling. † For example both main characters of each story have or have had alcoholic friends. In â€Å"House,† Wes rents a beach house from a recovered alcoholic named Chef.The narrator notes† â€Å"On Tuesday nights, Wes and Chef would go to what they call his â€Å"don’t drink meetings† Chef would pick him up in his car at the door and drive him home afterward (qtd. In Carver 28). Likewise, in â€Å"Calling,† the narrator establishes a friendship with a fellow alcoholic J. P. The narrator listens to J. P. ’s stories about the trauma he has experienced at age twelve when he fell down a dry well and waited for his father to rescue him. Encouraged by the narrator, J. P. tells him the story of his stormy relationship with Roxy, his wife, and his early ndicators of alcoholism. Furthermore, another similarity between â€Å"House† and â€Å"Calling,† is that alcohol has ruined the main character’s lives. In ‘House,† Wes has moved back to his wife and has recovered his happiness, or at least that is what he thinks. Now Chef asks him to move out of the house. Wes feels he cannot stay sober outside the house. Wes wishes he could do it over again, and do it right this time because his kids don’t love him and they won’t understand. Wes hasn’t found the peace he needs and won’t find it outside Chef’s house.In â€Å"Calling,† the narrator is divorced and doesn’t want to talk to his girlfriend. The narrator spends New Years day at the dry out facility. He wants to call his wife to wishes her happy New Year, and then he will call his girlfriend. But that’s it. He hopes somebody could share the special holidays with him instead he is by himself. Therefore, â€Å"House† and â€Å"Calling† differ in the setting of the stories, but are similar because they both have friends who were or are alcoholic and also because the addiction to alcohol has ruined their lives.Although these two stories are fictional and feature ongoing themes of loss and disillusionment, set against a backdrop of drinking, Carver’s own life is profoundly reflected in his fiction, and he himself struggled with alcoholism. Alcoholism is a big problem that affects people from all over the world. That is why is so important to help those who are in the same position as these characters and give them help to overcome this problem. How to cite Raymond Carver, Papers

Law of Civil Remedies Water Adventures Pty Ltd.

Question: Describe about the Essay for Law of Civil Remedies of Water Adventures Pty Ltd. Answer: Introduction Water Adventures Pty Ltd. is a company which provides river rafting services and it seeks legal advices on few matters which have cropped up in the course of its business. The company has faced a threat of being sued in the Court with respect for trespassing property of Forest Enterprises and for infringing a design owned by River Rafting. Forest Enterprises and River Rafting may institute a suit any any time for obtaining legal remedy against Water Adventures. This paper seeks to give advices to Water Adventures about the legal remedies which the other two companies are going to obtain against it and also highlights the possibilities or chances of the success of such legal remedies. Brief Facts: Water Adventures Pty Ltd. provided river rafting services to adventure seekers on the Rocky River for the past five years. The river is used for rafting flows that is owned by Water Adventures and Forest Enterprises Pty Ltd. owns the neighboring land. Initially, Forest Enterprises gave permission to Water Adventures to use the river for the first 2 years at a fee of 20,000 $ per year. However, for the past three years Water Adventures did not have the permission to use the property of Forest Enterprises. Forest Enterprises did not renew the contract, as they wanted to protect the wildlife in the river. Sometime ago, Forest Enterprises wrote a letter to Water Adventures to stop their trespass however, Water Adventures continued to use the river and ignored the letter. Water Adventures were of the view that Forest Adventures would never be able to discover that Water Adventures are using their property. Water Adventures has asp copied the design of River Rafting for the purpose of manu facturing boats for their own use and for selling them to the public. They have been able to generate an income of $1.5 million through selling of the ships. The main basis on which Water Adventures Pty Ltd. has been threatened a legal action by the River Rafting Pty Ltd is that Water Adventures Pty Ltd has used a design owned by Rafting Pty Ltd for the purpose of manufacturing boat and selling them to the public. Issues: Based on the above facts, the following issues arise: What are the remedies available to Forest Enterprises and River Rafting against Water Adventures? What is the probability of the success of the remedy which Forest Enterprise and River Rafting may obtain against Water Adventures? Relevant Rules and Procedure: Tort law in Australia is a composition of precedents and rules rather than a composite set of legislative rules.[1] The precedents and rules define the legislative extent of tort law in Australia. A tort is considered as a civil wrong, rather than a breach of contract. Tort law is regarded as a way in which law has the capacity to interfere with the associations between private individuals to rectify the wrong conduct or wrong action[2]. Tort law has derived their status from common law. Australian tort law is also influenced by case laws and common law. However, there has been rectification in Australia with regard to tort law in the Civil Liabilities Act[3]. The tort law in Australia is divided into two major offences, which are negligence and trespass.[4] Thus, trespass as defined under common law gives any aggrieved party the right to bring about an action and receive compensation and damages for interference with his property in any form whatsoever which is conducted without the owners consent[5]. In cases where damage is caused to the property or to the property owner because of the trespass, the amount of compensation is higher. Moreover, trespass is a tort which is intentional in nature and thus in some cases can be punished as a crime.[6] Thus, a trespass action is brought about by the owner of a property who has the authority and the lawful right to possess and enjoy the property, when the said right is infringed by another individual without the owners consent[7]. Under the Australian common law, any form of unlawful entry into anothers property constitutes trespass and there is no requirement to prove actual damage or loss caused by the said trespass[8]. Trespass being an intentional tort, intention is required for the act committed and not for trespass. An individual, who has the right to enter a land, becomes a trespass as soon as he engages into conducts a certain action, which is wrongful or stays in the land for additional time than granted by the landowner[9]. Thus, intention as well as actual loss to land is not required to be established under the Australian common law trespass[10]. In Nickells v Melbourne Corporation, [11]a servant of the defendant drove horse, which was wild in nature and attached to a cart. Thus, in order to turn the said cart in a narrow way, he would go very close to the neighbors window. Thus, even after being aware of a potential trespass, the defendants servant turned the carry which resulted in the horse e br eaking neighbors window. Thus, in the said case, the defendant was held liable for the trespass committed by his servant and the court said that non intentional trespass is also actionable if the defendant was negligent[12]. In a trespass lawsuit in Australia, a plaintiff is not required to prove defendants intention to trespass and the defendant has no excuse available to state that he believes he was not committing any wrongful act or any wrongful interference[13]. Thus, defenses under trespass action are very limited[14]. Some defenses, which are available against trespass, are necessity, abating public or private nuisance, consent and officer performing his duty under law. The defendant is free from trespass charges, if the trespass is a result of any action, which is necessary to prevent public disaster. Additionally, a defendant is free from trespass charges if the said trespass is required to abate a public or private nuisance benefiting a third party or the society at large. Another obvious defense to trespass is consent from the property owner or a license to enter the land lawfully.[15] Consent in the said case can also be implied in form of custom or usage. However, consent is not valid for th e said purpose if the same is taken by fraudulent action, by mistake or under undue influence. Lastly, an officer enforcing law and in duty to either arrest, seize or search a property has the authority prescribed by law to enter any land with the consent of the owner. Principles relating to Design Now, a design is an artwork or a logo or an image which could be reproduced onto a t-shirt, calendar, clothes fabric, greeting card, book jacket or other products. The relevant law which deals with design is the Designs Act 2003. A deign may be registered under the Design Act 2003 and the owner of the design gets rights of monopoly in the visual features of configuration, shape and pattern of the design. Protection over Design Protection over a design protects a products appearances and not its functions. The products function may be protected by obtaining a patent. If a visual feature or the appearance of a product is associated with the products function, then the design does not disqualified from being registered.[16] Designs capable of being registered For a design to be registered, the design must consist of visual features of configuration, shape, ornamentation or pattern which are completely new and distinctive. A design shall be presumed to be a new design if it is not identical to: A design which has already been disclosed in a previous application for registration of the design or A design which has already been published and have been used by the public in Australia. A design shall be presumed to be a distinctive design if it is substantially not similar to: A design which has already been disclosed in a previous application for registration of the design or A design which has already been published and have been used by the public in Australia.[17] Rights of a design owner Once a person becomes the owner of a design which has been registered, he gets a right if monopoly over the design for a period of 10 years. The owner will have the following rights in respect of the design: Making of a product in which the design is embodied. Selling, hiring, importing or disposing of a product in which the design is embodied. Giving authority to others to do any of these things. The right of exploiting the design can also be permitted to be used or may be assigned by the design owner to any other person once a design gets registered. However, in order to take legal action against others for the purpose of restraining them to use the design, the registered design must be examined first. [18] Infringement of a registered design An infringement of a registered design takes place when a person, without taking permission of the design owner or without being authorized or licensed by the owner, manufactures, hires, sells or imports a product or uses a product for business or trade; provided such product embodies the registered design or is substantially similar or identical to the registered design. Infringement of a registered design also takes place when the person authorizes a third party to do any of the above mentioned acts.[19] Case law: Firmagroup Australia Pty. Ltd vs. Byrne and Davidson Doors (Vic.) Pty. Ltd and Others (1994)[20] In this case, the appellant (Firmagroup Australia) was the owner of a registered design. The design related to the shape and configuration of combination handle and lock for a shutter door. The design did not cover the rear face of handle and the lock. The design was supposed to apply by any suitable means and in any suitable manner. The design was registered in 1972. The respondents (Byrne and Davidson others) had the knowledge that the appellant was the owner of the registered design. Having kept such knowledge, the respondents manufactured combination handle and lock for shutter doors and sold them. The appellant alleged that the respondents have done an act resulting in the infringement of the rights of the appellant with respect to the registered design. After examining the respondents article the Judges formed an opinion that the said article was not similar to the appellants design. The respondents article was much slimmer and its design was much squat. According to the Court, the features of the design which can be protected are those in which the idea of one particular individual and specific performance is conveyed. The respondents article has a unique design of its own and it has not infringed the registered design of the appellant. Hence appellants contention was rejected and the Court held that no infringement has taken place. Case law: Stenor, Ld. vs. Whitesides (Clitheroe), Ld.[21] In this case, the Court held that a feature which identifies only a general characteristic of shape does not fall within the purview of design protection. Case Law: Polyaire Pty Ltdvs. K-Aire Pty Ltd Others[22] This is one of the most important cases on the infringement of design and has been decided by the High Court of Australia. The facts of the case are as follows: The appellant (Polyaire Pty Ltd) used to carry a business of manufacturing and selling of the components of air condition. Polyaire owned a design with respect to an air conditioning outlet director part. The design has been registered on the basis of novelty. The appellant had alleged that the respondents had made infringement of this design. The Trial Court had accordingly passed order of injunctions restrained the respondents from using the same design in manufacturing air conditions. However, the decision of the Trial Court was overturned in an appeal by the Full Court of the Federal Court. The principles which were applied by the Court in determining whether an infringement of design has taken place or not are as follows: The Court emphasized on the point that several statutes dealing with design protection have laid down that application of a registered design or any fraudulent imitation thereof in any product, without the consent of the owner would constitute the infringement of the registered design. The Court did find a fraudulent imitation of the design by the respondents in the light of the above stated facts. Application: In the given case study, Water Adventures did not have the permission to conduct their business on the given property that was owned by Forest Enterprises. Forest Enterprises was not interested in renewing the contract as they intended to protect the wildlife of the river. Additionally, Forest Enterprises wrote a letter to Water Adventures asking them to stop their trespass. However, Water Adventures continued with the use of the river and ignoring the letter with the hope that Forest Enterprises would never detect their unlawful use of the land. This depicted wrongful intention on the part of Water Adventures and they should have acted on the letter immediately they received from Forest Enterprises. One important criterion to make a person liable for trespass to land is wrongful interference with someone elses possessory rights in real or intangible property. In this case, Water Adventures wrongfully carried out the business on the land of Forest Adventures by using their land for r eaching the river. Forest Enterprises can claim wrongful interference of Water Adventures in their possessory rights. Forest Enterprises wrote a letter to Water Adventures informing them about their action of trespass, however, Water Adventures ignored this and they continued exploitation of the land. Such an action on the part of Water Adventures gives enough chances to Forest Enterprises to bring an action against Water Adventures. To prove Trespass against Water Adventures it is not sufficient for Forest Adventures to prove that they have suffered financial loss or harm by the usage of land. Once any of the parties to the case have caused interference to land, the person may become liable for trespass under Tort Law in Australia. However, the likelihood of success of Forest Adventures is not high because the tort law of Australia states that interference is not sufficient to make a person liable for trespass. The person should have physical access to land, in this Water Adventure s did not have physical access to land, to reach the river Water Adventures had to abseiling down the cliffs or by boat on the river itself instead of using the adjacent land owned by Forest Enterprises. Additionally, it may also be stated that Water Adventures already owned the Rocky River over which they were conducting their business. They did not use the land of Forest Enterprises for conducting their business. Hence, it may be stated that though Forest Enterprises can bring a successful action against Water Adventures for trespass however, the chances of success remains low as because the prevailing issue in question whether Water Adventures interfered with the possessory rights of Forest Enterprises remains in doubt. Water Adventures Pty Ltd has copied designs owned by River Rafting Pty Ltd. For the purpose of manufacturing boats. They have even sold the boats to the public. Through the sale of boats, an income amounting to $ 1.5 million was generated for Waters Adventures Pty Ltd over the past five years. Therefore, River Rafting Pty Ltd. will possibly seek remedy against Water Adventures Pty Ltd for infringement of the design. If River Rating Pvt. Ltd is able to prove that the design used by Waters Adventures Pty Ltd is an imitation of its design, then it can obtain a possible remedy against Water Adventures. However, Water Adventures can defend the suit by arguing that the design used by Water Adventures was not similar to that of the River Rafting. The design which the Water Adventures used was substantially different from that of the River Rafting. Water Adventures needs to show before the Court that though both the designs had the same function with respect to the manufacturing of boats but their features were not the same. The boats which have been designed by Water Adventures have novelty and they are unique in their own style. Further, the visual appearances of the boats manufactured by Water Adventures also differed from that of the River Rafting. Design protection is available only in respect of a product but not of its functions. Therefore, the chances of success of legal remedies against Water Adventures can be decreased by putting forward the above mentioned defences. Further, fraudulent imitation of the design on the part of Water Adventures needs to be strongly defended in o rder to safeguard itself from the legal remedies which may flow from the action of River Rafting. Conclusion: In case of trespass, the person who is held liable for unlawful and wrongful interference in the land of another he or she may have to pay compensatory damages to the plaintiff[23]. However, this can only be awarded if the person has obtained any benefit from the land of the plaintiff. Additionally, the Court may also pass on order of injunction against the defendant, to restrain from unlawful interference of the land[24]. This is regarded as one of the most effective remedy to stop the intrusion to land. Hence, if Forest Enterprises is able to convince the Court that Water Adventures wrongfully carried out trespass the Court may pass an order for any of the above-mentioned awards in favor of the plaintiff. It is important to state here frankly that the River Rafting has got a good chance of obtaining successfully the remedies available under Design Protection. In the light of the stated facts, Water Adventures has copied the design of River Rafting without its consent which indicates a clear infringement the rights of the owner of the registered design. Had the design not been copied or had it been slightly different from the registered design, the defences would have become strong. Bibliography Barker, Kit, et al. The law of torts in Australia. Oxford University Press, 2012. Bently, Lionel, and Brad Sherman. Intellectual property law. Oxford University Press, USA, 2014. Bruun, Per. Design and construction of mounds for breakwaters and coastal protection. Vol. 37. Elsevier, 2013. Cane, Peter, and Patrick Selim Atiyah. Atiyah's Accidents, compensation and the law. Cambridge University Press, 2013 Caruana, Alex. "Understanding trespass."Agent, The46.2 (2013): 12. Cozens, Paul, and Marc Tarca. "Exploring housing maintenance and vacancy in Western Australia: perceptions of crime and crime prevention through environmental design (CPTED)."Property Management34.3 (2016). Davison, Mark, Ann Monotti, and Leanne Wiseman. Australian intellectual property law. Cambridge University Press, 2016. Deakin, Simon F., Angus Johnston, and Basil S. Markesinis. Markesinis and Deakin's tort law. Oxford University Press, 2012. Du Mont, Jason J., and Mark D. Janis. "Origins of American Design Patent Protection, The." Ind. LJ 88 (2013): 837. Field, Rachel, James Duffy, and Colin James, eds. Promoting Law Student and Lawyer Well-Being in Australia and Beyond. Routledge, 2016. Fitzsimons, James, et al. "Development by design in Western Australia: overcoming offset obstacles." Land 3.1 (2014): 167-187. Foster, Neil J., et al. "Discussion of the Tort of Breach of Statutory Duty." (2016). Goudkamp, James. "Reforming English Tort Law: Lessons from Australia."Damages and Compensation Culture: Comparative Essays, Forthcoming(2016). Greer, Guy, and Alysha Dinardo. "Trespass, illegal mining and private land."Australian Resources and Energy Law Journal33.2 (2014): 130. Lloyd, Ian. Information technology law. Oxford University Press, USA, 2014. McCausland, Clare, Siobhan OSullivan, and Scott Brenton. "Trespass, animals and democratic engagement."Res Publica19.3 (2013): 205-221. Mendelson, Danuta.The new law of torts. Oxford University Press, 2014. Mitchell, Paul.A History of Tort Law 19001950. Vol. 8. Cambridge University Press, 2014. Nimmer, David. Nimmer on copyright. LexisNexis, 2013. Poisel, Tim. "Landowners awarded almost US $3 million in the first fracking verdict in Texas: A sign of things to come in Australia?."Australian Resources and Energy Law Journal33.3 (2014): 291. Simons, Kenneth W. "Victim Fault and Victim Strict Responsibility in Anglo-American Tort Law." Journal of Tort Law 8.1-2 (2015): 29-66. Stickley, Amanda P. "The issue of consent: For the plaintiff or defendant to prove in trespass to person?."Australian Civil Liability12.5 (2015): 90-92. Trotter, Andrew, et al. "the sydney law review." (2014). Virgo, Graham. "Tort Law Defences. By James Goudkamp [Oxford: Hart Publishing, 2013. xlvi+ 221 pp. Hardback 60. ISBN 9781849462914.]." The Cambridge Law Journal 74.01 (2015): 160-163. [1] Barker, Kit, et al. The law of torts in Australia. Oxford University Press, 2012. [2] Poisel, Tim. "Landowners awarded almost US $3 million in the first fracking verdict in Texas: A sign of things to come in Australia?."Australian Resources and Energy Law Journal33.3 (2014): 291. [3] Caruana, Alex. "Understanding trespass."Agent, The46.2 (2013): 12. [4] Cane, Peter, and Patrick Selim Atiyah. Atiyah's Accidents, compensation and the law. Cambridge University Press, 2013 [5] Cozens, Paul, and Marc Tarca. "Exploring housing maintenance and vacancy in Western Australia: perceptions of crime and crime prevention through environmental design (CPTED)."Property Management34.3 (2016). [6] Mendelson, Danuta. The new law of torts. Oxford University Press, 2014. [7] McCausland, Clare, Siobhan OSullivan, and Scott Brenton. "Trespass, animals and democratic engagement."Res Publica19.3 (2013): 205-221. [8] Mendelson, Danuta.The new law of torts. Oxford University Press, 2014. [9] Mitchell, Paul.A History of Tort Law 19001950. Vol. 8. Cambridge University Press, 2014. [10] Stickley, Amanda P. "The issue of consent: For the plaintiff or defendant to prove in trespass to person?."Australian Civil Liability12.5 (2015): 90-92. [11] Deakin, Simon F., Angus Johnston, and Basil S. Markesinis. Markesinis and Deakin's tort law. Oxford University Press, 2012. [12] Field, Rachel, James Duffy, and Colin James, eds. Promoting Law Student and Lawyer Well-Being in Australia and Beyond. Routledge, 2016. [13] Mendelson, Danuta.The new law of torts. Oxford University Press, 2014. [14] Goudkamp, James. "Reforming English Tort Law: Lessons from Australia."Damages and Compensation Culture: Comparative Essays, Forthcoming(2016). [15] Virgo, Graham. "Tort Law Defences. By James Goudkamp [Oxford: Hart Publishing, 2013. xlvi+ 221 pp. Hardback 60. ISBN 9781849462914.]." The Cambridge Law Journal 74.01 (2015): 160-163. [16] Bruun, Per. Design and construction of mounds for breakwaters and coastal protection. Vol. 37. Elsevier, 2013. [17] Bently, Lionel, and Brad Sherman. Intellectual property law. Oxford University Press, USA, 2014. [18] Fitzsimons, James, et al. "Development by design in Western Australia: overcoming offset obstacles." Land 3.1 (2014): 167-187. [19] Du Mont, Jason J., and Mark D. Janis. "Origins of American Design Patent Protection, The." Ind. LJ 88 (2013): 837. [20] Davison, Mark, Ann Monotti, and Leanne Wiseman. Australian intellectual property law. Cambridge University Press, 2016. [21] Nimmer, David. Nimmer on copyright. LexisNexis, 2013. [22] Lloyd, Ian. Information technology law. Oxford University Press, USA, 2014. [23] Greer, Guy, and Alysha Dinardo. "Trespass, illegal mining and private land."Australian Resources and Energy Law Journal33.2 (2014): 130. [24] Barker, Kit, et al.The law of torts in Australia. Oxford University Press, 2012.