Mass Communications Essay Example for Free

Mass Communications Essay Communication has developed and still continues to develop. Over the centuries, many forms of communication have developed that have made the transmission of messages among people faster and more efficient. These include the radio, television, the print media as well as telephones. With technology and globalization improving at a fast rate, certain factors have influenced the way these different channels of communication operate in ensuring their audiences are satisfied with the services they offer and also the media houses make profits. Some of the trends affecting the delivery of content are: convergence, increasing audience control, and media mobility. The focus of this essay is to analyze the impact and relevance of convergence, increasing audience control and media convergence on Radio. Radio is a means of communicating by using electromagnetic waves or frequencies to detect signals and transform them to sound and its history of radio can be dated back in the late 19th century. Back then, the radio was a simple device whose usefulness was seen during the wars and battles as it was used to send telegraphic messages to people fighting in far places. Since then, radio has developed and is used for other purposes such as educating, advertising, relying information and entertaining people. In addition, it has created a livelihood for many people who depend on it. ? Convergence Convergence refers to the way in which various communication systems are linked so as to foster faster and better ways or relaying information. Basically, it is the merging of technologies. In media, convergence is the linking of technology with media content as well as the communication networks. As technological improvements continue to advance as each day passes, people in the radio business have embraced the changes and have become better. Radios initially used to be big equipments; but they have been modified and transformed such that they can be small as the size if a pen. Convergence nowadays is seen by how the internet has linked up with radio such that people from any corner of the world can listen to different radio stations in other countries. Before the internet came to use in 1969, people could only listen to radio stations within their regions. â€Å"The arrival of new digital communication technologies have facilitated the delivery of digital signals through various platforms and improved audio visual quality (Chan-Olmsted, 2006). † With the advancements in digital technology and the internet, people can now choose on what they would like to listen and from anywhere. Internet has enabled people to listen to music online, download and upload whatever they like. Moreover, it has generated new experiences both socially and business wise such that people from different regions meet and interact and businesses can advertise their products to more people thus expanding their markets. Convergence is also being enhanced in radio in through pod casting such that individuals can download their favorite programs on MP3 players. The disadvantages that come with convergence is that mobiles such as the iphone and the internet are taking over the functions of the radio networks are slowly being eroded away. For radio stations to be able to tap on the convergence advantages , they need to have experts working for them that is the employees, employers as well as the private consultants who advice them. This will be good because they will always be keen and updated on what is happening so that they know whish areas need to be improved on or the ways in which technology will be incorporated into the system. Moreover, professional consultants will advice them on what competitors are doing so that the can also try similar strategies. ? Increasing audience control Nowadays, the audience especially the younger generation that is technologically more advanced and conversant with how things work influences the activities of radio stations. This is because what they listen to, read or watch determines there preferences. â€Å"Although they have a variety of things to choose from, they are influencing time, prices and the portability of media use (Chan-Olmsted, 2006). † These preferences make them request or demand for programs they like and even suggest for what things they would like to see. Since the audience is means everything to the radio owners, they are forced to give in to their customers requests. This has enabled radio stations to benefit from the customers ideas as they always work on improving their services and retain their audiences. The shortcomings of audience control is that media houses need to change the way they operate so as to meet the demands of customers and at the same time offer quality services. In doing so, they will have to invest on the latest machinery and technologies and sometimes they have to overstretch their budgets to do away with the pressure or sometimes they do not have the funds hence they risk losing their audience. ’ Media houses have to contemplate on how to internalize new technology and be responsive to the new media audience. Another disadvantage is that the audience once they do not get what they want, they will opt to down load things on the internet or shift to their competitors. ? Media Mobility Media mobility refers to the ease with which the technologies in communication can be accommodated and enhanced so as to diversify the uses of the radio. The radio while being serving as a communication channel also links technologies with customers, markets and technology. â€Å"The globalization of mobility directly involves the way in which service integration and network integration relate to one another (Hardy, Malleus Mereur, 2002). †Mobility can be seen in the way the radio is incorporated with various devices making it more portable and more flexible thus increasing the rate of acceptance. Most mobile phones nowadays have evolved and have radios. This was mainly a marketing strategy used by the mobile companies to attract the younger generation and we can say that it has helped in expanding the usage of telephone. Furthermore, some DVDs especially home theaters and televisions have been modified to perform many functions and the radio is one of them. The usage of radio has expanded to accommodate many things and people are always eager to know what will come next. All these coupled by various enhancements such as the ear pieces have made radio more attractive. The disadvantages that come with incorporating all these new things is that the focus shifts from the radio to the other devices as it is being used to complement the other functions of the device. In addition, the costs of certain software and hardware is high therefore this limits research at times especially now when the global economy and markets are not doing well. To tap on the advantages, radio companies will need to be regularly updated on new technologies as well as invest in training and educating their staff so that they become better at what they do as well as find better marketing strategies. In addition, radio companies need to budget properly so that they have enough funds to run their businesses as well as accommodate new strategies that are beneficial to the business. Conclusion These factors have greatly impacted the things we purchase and what we listen to. Moreover, they influenced and enabled businesses to develop and grow as they do their advertisements, promotions and marketing strategies using it. I as well as other Americans have been exposed to a variety of products thus making it easier to purchase commodities especially those manufactured in far off areas. We therefore need to support the work done by researchers as well as radio stations so as to benefit through things like media mobility which link the old and new systems. References Chan-Olmsted, S. M. (2006), Competitive Strategy for Media Firms: Strategic and Brand Management in Changing Media Markets. Routledge, p. 204 Hardy, D. , Malleus, G. Mereur. J. N. (2002). Networks: Internet, Telephony, Multimedia: Convergences and Complementarities. Translated by Michael Byrne,De Boeck Universite

The sociology of deviance

The sociology of deviance How important and relevant are Mertons Strain theory and Beckers labelling theory in our understanding of deviance? In this essay I will analyse the importance and relevance of a structional functionalist view of deviance seen through the lens of strain theory and a symbolic interactionalist perspective through the use of labelling theory. Strain Theory attempts to explain why crime is resolute amongst the lower classes who are subjected to the least opportunities for economic achievement (O Connor 2007). It focuses on the positions that individuals occupy in a social system, not on the characteristics of the individual. Labeling theory explains why sustained delinquent behaviour stems from destructive social interactions and encounters (Siegel Welsh 2008). These theories work in harmony as the former theory explains why deviance begins and the latter gives an explanation as to why deviance continues through the lifespan. I will be describing and evaluating these theories to further answer the question of: just how important are these two theories for the understanding deviance? The sociology of deviance is the systematic study of social norm violation that is subject to social sanction according to (Henry 2009 p.1). Deviant behaviour is behaviour that does not follow common perceptions, when people are deviant they do not conform to expectations. It is difficult to give an exact definition of deviance as many major theorists have cast a vast variety of perspectives on what it really is. Some sociologists believe that deviance is the violation of any social rule, whereas other sociologists argue that deviance does not have to be a real behaviour for it to be labelled deviant (Thio, Calhoun Conyers 2008). Downes Rock (2003) state that deviance is everywhere and not only that but it leaves traces everywhere. Theories of deviance are rarely catapulted into political settings to be accepted or rejected in their entirety; rather they trickle in from many sources. The influence of ideas is always changing due to the instability of political circumstances (Downs Rock 2003). The increase in deviance may be due to the fact that people are confused about the correct values and morals to hold. As a result of this ever evolving world there are new variations of deviant behaviour occurring on a daily basis, ranging from minor violations of the law such as not paying a television licence to major deviance like abuse scandals in regard to the Catholic Church. These acts are considered to be deviant as they are acts which the rest of society deems as unacceptable (Tierney 2006). Traditional values such as religious views have been shattered to pieces because of ongoing scandals in the Catholic Church. Individual pursuits drive people; religion has no impact on the expected standards of people in todays materialist driven society, which in turn leads to an increase in deviant behaviours. The Functionalist perspective stems from the work of Durkheim who believed that peoples social roles or functions hold society together (Flynn 2009). In contrast to this is the Symbolic interaction approach where the emphasis is on the way people construct the meaning of others acts (Becker McCall 1990). Durkheim believed that crime is not only functional but it is necessary, it only become dysfunctional if the rates are either too high or too low (Covington 1999). The functionalist analysis of deviance begins with society as a whole; it looks for the source of deviance in the nature of society rather than in the psychological nature of the individual. Durkheim believes society is held together by shared values, and if these values are not constantly reaffirmed through the generations it may signify the collapse of society. One may put forward the argument that shared values are not a fundamental part of society today. It proves difficult to reaffirm values through generations when the family when parents are working long hours. Parental influence over children has declined; due to this children seek values from available sources such as the television or internet, resulting in the promotion of materialistic values which are in turn the norms today. If the community collapsed, and the collective conscience failed the result was a state of anomie (Covington 1999). In essence anomie represents the problems in society caused by social deregulation. Merton developed an anomie theory based on Durkheims earlier work which referred to a deinstitutionalization of norms that happens when there is a disjunction between the importance of cultural goals and institutional means (Featherstone Deflem 2003). Mertons strain theory argues that structures in society may encourage deviance and crime, it is a structural functionalist explanation. Functionalist theories offers the basis for policies that are wide-ranging in their scope (Downes Rock 2003), however Gouldner (1970) believes that Functionalism thinks of systems as mutually interacting variables rather than in terms of cause and effect, thus one may infer that it is impossible to implement policy to stop a particular effect if the cause is not highlighted. Theories of deviance are extremely important as Downes Rock (2003) believe that all theories of deviance have implications for policy making. That said however the ease of implementation of polices may prove difficult. For example doing something about anomie would be far more difficult than tackling vandalism by technical means (Downes Rock p. 317 2003) However, Mertons anomie theory is of great relevance to the realm of policy as it infers a definite cause and effect statement relating to the disjunction between goals and means (Downes Rock 2003). The main principle of Social Strain Theory is that some social structures exert a definite pressure upon certain persons in society to engage in non-conforming rather than conforming conduct (Thio, Calhoun Conyers 2008 p.33). This is not to say that certain social structures leave the individual with no other choice but to turn to crime, rather inadequate regulation leaves the individual with a different perspective on means to financial gain. I agree that this system is a great source of inequality and subsequent deviance in our society today that the less powerful groups are labelled so negatively and punished severely. Every crime should be treated in the same manner, regardless of whether they are from an underprivileged area or a high flying business person. An impact of cycle of deficient regulation may also be seen in Beckers Labelling theory. This theory was greatly influenced by the symbolic interaction approach as it is people who determine and give meaning to labels. The justice system operates on behalf of powerful groups in society; hence one has to ask the question what behaviours are criminal? The two strands of this theory are a concern to address how a particular behaviour comes to be labelled as deviant and secondly what is the impact of this label. (Becker p.9 1963) states that The deviant is one whom that label has been successfully applied: deviant behaviour is behaviour that people so label. In relation to deviance Labelling theory places the importance on the reaction to behaviour not the behaviour itself (Macionis Plummer 2007). It was this belief that leads Becker to place labels on types of behaviour, but who are the people labelled as deviant in society. To put it simply, labelling theory is concerned with what happens to criminals after they have been labelled, also suggesting that actual crime rates may be heightened by criminal sanctions. Unlike the Functionalist perspective, Symbolic Interaction is concerned with the process that underline social life and consequently the mechanisms by which meanings are given to those processes. It centres on the creativity capacity of humans and their ability to share interactions with others (Walklate 2007). In relation to deviance it is concerned with how certain behaviours come to be understood as deviant. Becker argued that behaviours of less powerful groups for example the poor, or disadvantaged are more likely to be criminalized than those who are privileged such as the white and wealthy. This happens because there is an assumption that crime is a social label along with the creation of law which are made by people in positions of power and enforced on people without power (Hopkins Burke 2002). The judicial system criminalizes less dominant and less powerful member of society, thus Becker argues that some rules may be cynically designed to keep the less powerful in their place (Hopkins Burke p.137 2002). Becker (1963) disagreed with the notion that those who break the law will be labelled as a criminal. He brought our attention to the fact that in many cases the innocent are accused, along with this only some of those who break the law are punished and brought through the system (Hopkins Burke 2002). Becker used a concept developed by Merton called the self fulfilling prophecy which is what labelling theory is most widely known for. When a situation is given a false definition it evokes a new behaviour in the person which as a result makes the false assumption comes through (Hopkins Burke p.142 2002). Becker felt that most criminals were in the first place falsely defined as a criminal, not only are their actions defined by society as deviant, the label is then extended to them as a person (Hopkins Burke 2002). Mertons concept of strain refers to pressure the lower economic classes feel when they try to achieve societys goals of monetary success (Flynn 2009). Merton felt that in society, people were focused on achieving high financial success which although exceptionally productive on one hand, on the other was a direct source of stress and strain for the individual (Cohen 1966). In effect there is a distortion between culturally induced aspirations for economic success and structurally distributed possibilities of achievement. This is in accordance with labeling theory view where the people who commit deviant acts are probably under strain from society to achieve monetary success. An example of this would be in relation to higher education, people without the means or cultural knowledge to aspire to respected professions are more likely to engage in deviant behaviour than those with access to achieving their goals (Flynn 2009). Within labelling theory there are two important concepts, those of primary deviance and secondary deviance. Merton thinks that the sense of strain that men feel is an accumulation of frustration, despair and injustice (Cohen 1966). Structural and Individual strain are the two main types of strain in society that promote deviance and crime. The former refers to the cycle of deficient regulation in society that has a negative impact on how an individual evaluates their needs, means and opportunities (Flynn 2009). The latter concept is defined by OConnor (2007) as frictions and pains experienced by the individual as they look for ways to meet their needs. Primary deviance in labeling theory involves acts committed by someone without a criminal identity such as an underage drinker. This act provokes little reaction from others around us, therefore it does not have any impact on the persons self concept (Macionis Plummer 2007). Secondary deviance develops through peoples actions towards the person committing the deviant act they may be pushed away and stigmatized making the crime worse, it is caused by the criminal label (Hopkins Burke 2002). It evolves from primary deviance being labelled, which is more likely to happen if you are from a less powerful group (Macionis Plummer 2007), thus mirrors Mertons argument about distortion between economic success and possibility of achievement (Flynn 2009). Merton noted that there were five possible responses or adaptations to strain that happen when people are not in a position to legally attain internalised social goals (Hopkins Burke p.107 2002). This is a perfect example of how labels are the cause of further deviant behaviour. Durkheim and Merton are one in believing that strain results in deviant behaviour, however Durkheim felt the main causes of strain were changes in society. Adapting through conformity is a self explanatory explanation whereby people both the cultural gaols of society and the means of achieving them (Burke 2002), this ensures the continuality and stability of society (Thio, Calhoun Conyers 2008), people do not break laws when achieving their means. Retreatism is considered the most uncommon adaptation by Merton, they reject social goals and the means to attain them (Hopkins Burke 2002), their behaviour is not normal and are considered true aliens (Thio, Calhoun Conyers p.37 2008). Ritualism is similar to conforming behaviour; they adhere to rules for their own sake with an emphasis on means of achievement rather than outcome goals (Hopkins Burke 2002). Innovation is a response to the pressure placed on the individual for success. The innovator embarks on novel routes to achieve success due to barriers for them to achieve success by socially approved means. They have the potential to be seen as deviant (Hopkins Burke 2002), as they engage in illegal means to achieve success. The final response is rebellion, whereby people not only reject but also want to change the existing social system and its goals (Hopkins Burke 2002). The very word rebellion connotes negative meaning thus showing the existence of labeling and stigma as used by Merton. People are stereotyped as being incapable of following normal behaviour and the general population treats them differently, resulting in discrimination in employment, and in many other areas of social life The internalization of labels by offenders may very well produce a career in criminality because of the negative reactions they receive (Hopkins Burke 2002). However, in contrast as Merton argued Cohen agreed that the root cause of the original emergence of delinquent behaviour was the economic pursuit of money success (Downes Rock 2003). A lot of labels come about through the stigmatization of a particular behaviour. Stigma is powerful negative label that has the potential to radically change a persons self concept (Macionis Plummer 2007), thus it is an influential force in the field of labelling. Slattery (2003) notes that a stigma can either be ascribed or achieved, you can be born with one or earn one. Similar to this is strain theories focus on negative relations between people, focusing on how the individual is not treated as they would like to be treated (Agnew 2002). Labelling theory has several limitations; firstly because labelling is very relative it does not take into account some behaviour like murder which is condemned virtually everywhere. Consequently it is most useful to apply to less serious behaviours like youth vandalism. Secondly, labelling may be seen in two ways- it could encourage more criminal behaviour of it could curb it because of people do not like to have a stigma attached to them. (Macionis Plummer 2007). Finally another limitation of labelling theory is that it does not tell us what are the root causes of primary deviance so how do these people become deviant in the first place? They cannot be labelled deviant if they have not engaged in that type of behaviour. Both labeling and strain theory emphasize the role society has to play in crime. Deviance is shaped in its transactions with events and people around it. Labelling theorists in particular have occupied themselves with the workings of the social reaction to deviance (Downes Rock 2003). Dissimilar to this is Durkheims perspective of deviance as performing functions that are essential to society through, encouraging social change, promoting social unity by responding to deviance, clarifying moral boundaries and affirming cultural norms and values (Macionis Plummer 2007). Sumner (1994) argued that deviance is not applicable to sociology today. He believes that the sociology of deviance died in 1975. Similarly Miller, Wright and Dannels (2001) claim to find empirical support for it and signify the death of deviance in respect to the world today. However, on the other hand Goode (2002) claims that at a certain stage in its history, the sociology of deviance developed a large number of ideas, concepts, and theories that influenced related fields. These ideas included: stigma which influenced disability and transgender studies, anomie in social theory, labelling in ethnic studies and the sociology of the underdog in queer theory. Regardless of the fact that sociology of deviance did not create these concepts, the field did help project them onto the intellectual map. Goode concludes that The social construction of deviance is once again controversial, relevant, central to our lives, and fundamental to our understanding of todays world (Goode 2002). I must agree with this statement as not a day goes by without some type of crime or deviant behaviour brought to our attention. Cohen (1966) believes that rules in everyday life provide a blueprint for every human gesture; consequently every rule then creates potentiality for deviance. However, as mentioned previously- are we really all aware of societal norms and values? I believe that society today has failed to provide a blueprint or clear rules for people to live by, hence leading to the unprecedented rates of crime and social deviance. Strain theory and labelling theory do not pay much attention to psychological factors involved in deviant behaviour, this is a limitation to both I feel. I would question the generalizability of strain theory as it emphasises the focus of materialism for society today. However, much crime is committed by people who simply want to get by in life, to survive. They feel they have no other option but to commit crime to put food on the table. Crime may not necessarily be about reaching the top in society, it may just be about getting by. Labeling theory is a lot more individual in its focus; it is more concerned with peoples reactions when placed in a designated role by society. References Miller, J, M., Wright, A., Dannels, D. (2001) Is Deviance Dead? The Decline of a Sociological Research Specialization. The American Sociologist, Volume 32: 43-59. Sumner, C. (1994). The Sociology of Deviance: An Obituary. Buckingham, UK: Open University Press. Downes, D. Rock, P. (4th Ed.) (2003). Understanding Deviance. New York: Oxford University Press. Henry, S. (2009). Short Introductions: Social Deviance. Cambridge, UK: Polity Press. Goode, E (2002). Does the death of the sociology of deviance claim make sense? The American Sociologist. Volume 33: 107-118. Thio, A., Calhoun, T., C., Conyers, A. (5th Ed.) (2008) Readings in Deviant Behaviour. United States of America: Pearson International, Inc. Cohen, A., K. (1966). Deviance and Control. New Jersey: Prentice-Hall Inc. OConnor, T. (2007). Strain theories of crime. Megalinks in Criminal Justice. Retrieved March 19, 2010. Available at: http://www.apsu.edu/oconnort/crim/crimtheory11.htm Gouldner, A. (1970) The Coming Crisis in Western Sociology. New York: London. Covington, P. (1999) Deviance: Functionalist explanations. The Functionalist Explanation of Crime. Retrieved 22nd March, 2010. Available at: http://www.sociology.org.uk/pcfcri95.pdf. Hopkins Burke, R (2002) An Introduction to Criminological Theory. Canada: Willan Publishing. Tierney, J. (2nd Ed) (2002). Criminology: Theory and context. England: Pearson Education Limited. Macionis J, J. Plummer, K. (4th Ed) (2007) Sociology: Global Introduction. England: Pearson Education limited Walklate, S. (4th Ed) (2007). Understanding Criminology. England: Open University Press. Becker, H. (1963). The Outsiders. New York: Free Press. Slattery, M (2003). Key Ideas in Sociology .United Kingdom: Nelson Thornes Limited Agnew, R (1992). Foundation for a general strain theory of crime and delinquency. Criminology. Volume 30, Issue 1, p.47-87 Siegel, L, J., Welsh B., C. (2008) (10th Ed. Juvenile Delinquency: Theory, Practice, and Law. USA: Wadsworth, Cengage Learning.

Intellectual property right infringement

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

Chronicle Of A Death Foretold :: essays research papers

It was rainy on the day of Santiago Nasar’s murder, and yet by the account of others, it was not. His death is so mingled with illusory images that everything seems mystified: much like death itself. The fact that the story is about how a death consumes the lives of the entire town as well as the victim, shows that it is concerned with death in life and asks us to evaluate our own views. Not only is the story concerned with death in life on the literary level, but the people of the town feel obliged to honor and offer gifts to a bishop that doesn’t even like the town. It is perhaps because they fear if they do not keep their faith, they are putting in jeopardy their fate after death; this is the primary concern of all religions, life after death and fear of the unknown. "For years we couldn’t talk about anything else. . .and it was obvious that we weren’t doing it from an urge to clear up mysteries but because none of us could go on living without an exact knowledge of the place and the mission assigned to us by fate"(113). "‘All right, girl,’ he said to her, trembling with rage, ‘tell us who it was’. . .’Santiago Nasar,’ she said"(53). Whether or not Santiago Nasar was the reason behind Angela Vicario’s lost honor, his death shapes and defines her life afterwards. Many in the town describe her as being a woman half in mourning and the narrator is amazed at how she ends up understanding her own life despite how much she was made to die in life(101). Chronicle of a Death Fortold makes us look at life and death and face uncertainty about our future. Because it questions death and our belief in religion, it depreciates, in a sense, our

Purple Robe and Anemones :: Essays Papers

Purple Robe and Anemones Henri Matisse, the leader of the Fauvist movement and master of aesthetic order, was born in Le Cateau-Cambresis in northern France on December 31, 1869. The son of a middle-class family, he studied and began to practice law. In 1890, however, while recovering slowly from an attack of appendicitis, his mother bought him a paint set and he became intrigued by the practice of painting. In 1892, having given up his law career, he went to Paris to study art formally. His first teachers were academically trained and relatively conservative, Matisse’s own early style was a conventional form of naturalism, and he made many copies after the old masters. He also studied more contemporary art, especially that of the impressionists, and he began to experiment, earning a reputation as a rebellious member of his studio classes. Matisse’s true artistic liberation, in terms of the use of color to render forms and organize spatial planes, came about first through the influence of Gauguin, Cezanne and van Gogh, whose work he studied closely. Then, Matisse encountered the pointillist painting of Edmond Cross and Signac. By 1905 he had produced some of the boldest color images ever created. His images of dancers, and of human figures in general, convey expressive form first and the particular details of anatomy only secondarily. Although intellectually sophisticated, Matisse always emphasized the importance of instinct and intuition in the production of a work of art. He argued that an artist did not have complete control over color and form; instead, colors, shapes, and lines would come to dictate to the sensitive artist how they might be employed in relation to one another. He often emphasized his joy in abandoning himself to the play of the forces of color and design. He explained the rhythmic, but distorted, forms of many of his figures in terms of the working out of a total pictorial harmony. In 1937, Matisse asked his model Lydia Delectorskaya to pose in a purple robe, for a painting he later named â€Å"Purple Robe and Anemones.† When Matisse started the painting he had no intention of painting a portrait that looked like a photograph and readily admitted that his paintings were not faithful re-creations of reality. He believed that taking liberties with reality allowed him to convey the very essence of his subject. When accused of painting unrealistic images of women, he explained, "I do not create a woman, I make a picture.

Essay --

Language and Masculinity The art of communication was always dominated by the innovations happened in the art of language. The human race has always been communicating among itself and formed various societies, developed relationships, brought new ideas etc. Language was utilized to define the sexuality, the culture, the social aspect and it all happened in terms of gender. The dominance of the masculine gender through the utilization of the language was always known to the mankind. The male population receives power by dictating certain social norms. The masculinity is a part of the male gender and in terms of linguistics it conveys masculinity with great power and force. According to some philosophers the males unjustly and deliberately construct such a society which is male-centered and it caters to the supremacy of the masculinity described above. It will be interesting to find the relation among language, masculinity and gender. If we discuss it any further we will find out tha t throughout the history it was the human race which has brought innovation to the language. Language was used to gain power with the use of male power. As a result the language was also used to dictate social norms. They also became successful in gaining the women’s cooperation by using the power of masculine language. Some of the scholars assume that language is visible and it exists in this form without any doubt. They also further assume that language can be compared with other forms of visual phenomenon. In this regard the linguistic analysis is in fact a kind of perception of visual way. In other way one can see the language and in particular in its treatment of grammar. â€Å"In "Language and Masculinity," Victor Seidler writes, "Oppressed peopl... ...on which you will appear has been asked to discuss Victor Seidler's "Language and Masculinity" and Maxine Hong Kingston's "No Name Woman." You are to present and defend the ideas and observations of one writer against the ideas and observations of the other writer. You may choose to argue that your writer's ideas prove or disprove the ideas of the other writer, but in either case you will be expected to defend your own claim with quotes and examples from your writer's text. In building your case, you should consider how your opponents will respond with specific quotes or examples that might contradict your argument. You should then build a counter-defense into your own conclusions about how gender, language, and power are related in your writer's essay and about how that relationship stands with or against the basic concepts of the other writer's essay.† References

Nature or Nurture Essay

NURTURE OR NATURE It has been long debated the importance of nature verses nurture. It is hard to prove one from the other since it is shown for them both to play major roles in the development of a child to an adult. I believe that my personality is a combination of both nature and nurture but I think that I am +more nurtured. There are so many behaviors that I have developed from the environment I grew up. I have learnt to respect all people from being influenced at school and by my parents. I have also been trained to be responsible of things such as doing my work. I learnt that if I am not responsible and don’t do my work, then I must pay bad consequences. I have also learnt from experiences that if I do what I am supposed to do, I may be rewarded for good things done. My environment has influenced me in many ways to act upon certain things automatically. Things like looking both ways before crossing the street, or other things that appear to be common sense are learnt from nurture. I have gone through many experiences in which I have learnt different lessons. These lessons have taught me how to act in my life. I know that I am very different person than my mom or my dad. I don’t have very much in common with either of them. Although we do share some of the same aspects, I feel that I am more different from them than alike. I have developed the majority of my social skills from my friends and not my parents. Most of my social life revolves around my friends, who have influenced me a lot of the decisions I make and in the way I act. I don’t socialize with my parents nearly as much as I do with my peers. I don’t think I know my parents well enough to say if I am like them when they are around their friends or not. The nature and nurture of a person can vary greatly. Sometimes there are certain things that are hard to decide whether they are inherited or learnt. I might share some qualities with my parents, but they could just be characteristics that I learnt in my life that my parents also learnt in their lives too and were not inherited. I believe that genes indicate the potential for one’s behavior and personality, and that the environment helps create the extent as to how that behavior is carried out.