Federalism Vs. Judicial Review - 899 Words

When one thinks of individual rights, federalism is not one of the first thoughts that come to mind. In fact federalism played a huge role in the start of individual rights. Along with federalism, judicial review was one of the initial startups of individual rights with Supreme Court cases that will be later mentioned. Federalism and judicial review paved the way for the start up and stability of individual rights. Before the analysis of how federalism and judicial review plays a part in individual rights, one must know what exactly they are. Federalism is a system that spreads the powers over two or more political structures. These structures could be as small as cities and go all up to the federal government system. An example of this is state laws and federal laws. Some states have allowed the use for marijuana for medical use. While the state laws allow it, marijuana is still illegal under federal law. The first start of federalism and separation of states comes with the Constitu tion. This established our federal government and brought the states together under one government. The Constitution â€Å"recognizes the federal government as the highest power† (Dugger). Even though it is the higher power, the constitution includes that states are different powers and also have their own rights. The other power that contributes to individual rights is the power of judicial review. Judicial review is a power that the Supreme Court of the United States holds that allows them toShow MoreRelated Marbury vs Madison Essay examples921 Words   |  4 PagesMarbury vs Madison As the government was newly establishing its stronghold on the nation, forging its way to a powerful republic and instituting precedents for the future, a struggle to preserve the foundations of American Society instituted by Washington and John Adams existed as Thomas Jefferson took office. In an attempt to maintain the â€Å"edifice of the National Government† believing Jefferson would topple the prestigious nation with his atheist views, Adams appointed various Federalists toRead MoreJohn Locke And Thomas Hobbes Essay1490 Words   |  6 Pagesknown as Madison’s model. James Madison’s design to maximize liberty and still allow the government to govern is proven through the four component parts of Madison’s model. These four components include separation of powers, checks and balances, federalism, and republicanism. The philosophies of John Locke and Thomas Hobbes influenced Madison in a way that allowed him to have both liberty and order at the same tim e. John Locke believed in individual liberty and freedom from the government whilst ThomasRead MoreAp Government s Government Review Project1122 Words   |  5 PagesAP Government Review Project Aaron Cope Period 4 Table of Contents Slide 1 – Title Page Slides 3-68 Unit 1: The Constitution a: Slides 4-12 b: Slides 13-20 c: Slides 21-23 d: Slides 24-51 e: Slides 52-57 f: Slides 58-61 g: Slides 62-65 h: Slides 66-68 Slides 69-89 Unit 2: Political Beliefs and Behaviors a: Slides 70-71 b: Slides 72-76 c: Slides 77-80 d: Slides 81-82 e: Slides 83-84 f: Slides 85-87 g: Slides 88-89 UNIT I:The Constitution 1. Historic Events Major ParliamentRead MoreGovernment: United States Constitution and National Government1238 Words   |  5 Pagesthis in Federalist No. 51- C, separation of powers 5. The President appoints Supreme Court justices as needed. Who must approve these appointments?- C, Senate 6. The key concept developed by the Chief Justice in Marbury v. Madison was- C, judicial review 7. An example of growth of the President’s power not explicitly mentioned in the Constitution is- B, executive orders 8. The last step in amending the Constitution is- C, ratification by  ¾ of the states 9. Madison claims the great problemRead MoreThe Workings Of American Government996 Words   |  4 Pagesabout important court cases in American history gave me the chances to understand much more about how, when, and why the governors made those legislative amendments. For example, I read and wrote about these cases: Plessy vs. Ferguson, Brown vs. Broad of Education, Dartmouth College vs. William H†¦etc. To give out my opinion during writing these essays, I was forced to read much more materials from other sources such as book or internet to have an adequate and profound knowledge about those court cases;Read MoreShould Marijuana Be Legalized?908 Words   |  4 Pagesconflict of laws regarding the same subject matter. In the landmark case Marbury vs. Madison, the court also established the ability to deem a law unconstitutional. This ability is known as Judicial Review. This means that any federal laws, or statutes enacted or presidential executive order may be overturned by the Supreme Court if deemed unconstitutional. This establishes the basis of federalism in the united states. Federalism allows for the existence of separate sovereigns within a nation or governmentRead MoreChapter 2 : The Constitution1418 Words   |  6 Pageswould be changed to the pursuit of happiness). 2) Each state retained its sovereignty and independence regardless of size had one vote in congress and the delegates who cast were picked and paid for by the state legislatures. There was no national judicial system to settle these issues and claims among the states. 3) All power was given to the unicameral legislature, the Assembly, the members who were elected every year for one year terms. There was no governor or president only an executive councilRead MoreThe Commerce Clause, The Aca, And Federalism2798 Words   |  12 Pages The Commerce Clause, the ACA, and Federalism Sean C. Hall POL303: The American Constitution Dr. Jean Jolivet 4/25/15 Introduction Since its inclusion in the Constitution, the Commerce Clause has been quite â€Å"necessary and proper† clause, and it has also been a source of contention and debate. There have been over 1400 cases filed with the Supreme Court challenging its application in the 20th century. The passage of the controversial Affordable Care Act made the commerce being brought onceRead MoreCivics Eoc Study Guide3283 Words   |  14 Pageslegislative, executive, and judicial branches of government. d. Checks and Balances – a system in which each branch of government is able to check/restrain the power of the others. e. Judicial Review – the power of the Supreme Court to say whether the federal, state, or local law or government action goes against the Constitution. f. Federalism – a form of government in which power is divided between the federal/national government and state governments. 9) Federalism in action a. Delegated/ExpressedRead MoreNature of Indian Constitution11177 Words   |  45 Pagesthat it establishes a federation. The question whether the Indian Constitution could be called a federal constitution troubled the minds of the members of the Constituent Assembly. This question cannot be answered without going into the meaning of federalism and the essential features that are evident in federal state. Unitary Constitution A unitary system is governed constitutionally as one single unit, with one constitutionally created legislature. All power is top down. A unitary state is a sovereign

Reflection Paper On Fur Animal Wellness And Massage

Xinran Xu SM395 Management Internship Summer 2015 Reflection Paper This summer during May and June, I attended the internship at a company named Focus on Fur Animal Wellness and Massage, which is owned by a certified small animal massage practitioner. We both love animals such as dogs and cats and we both keep a dog at home. Our common points made us feel connected with each other that we had so many topics especially for dogs to talk about. In addition, the job contents were mostly related to dogs, which attracted me and made me want to explore more knowledge in this field. I was responsible for multiple tasks during this internship, since the company was a small start-up company that provided me the opportunity to handle almost everything that a company needs at the preliminary stage. Before my internship, I had no real direction of a particular position that I would like to pursue as my future career goal. I was trying to find an opportunity in which I could gain some working experience as well as put on my resume. Looking back now, an internship with various tasks helps me realize what I am willing to do and which aspect I am better with. On the other hand, contrary to the experience of completing an internship at a standard large firm, this internship allowed me to be more creative and bold to make decisions instead of doing some fixed tasks with strict rules. My supervisor had another full time job to take care with, so I worked from home individually, and would get in

Kill A Mockingbird By Harper Lee - 913 Words

In Defense of To Kill A Mockingbird Rough Draft To Kill a Mockingbird by Harper Lee has been banned and/or challenged over thirty times since its publication in 1960. Effectively preventing many students from enjoying the novel and benefitting from its message. To ignore racism is no different than denying it ever existed. To Kill a Mockingbird is appropriate for mature adolescence/students and should not be banned from schools. Despite its sexual related content, or profanity, a valuable lesson remains that should be taught to students. Reasons for banning and/or challenging To Kill a Mockingbird are usually the same or very similar. Mostly for the references to rape, profanity, use of the word â€Å"nigger† and sometimes because of racism. One time in Cherry Hill, NJ, To Kill a Mockingbird was banned in fears of black children becoming upset reading it. Most school boards will try to justify the bans by demonizing To Kill a Mockingbird and Harper Lee. In 1966, Lee wrote a le tter of response to the attempts of banning To Kill a Mockingbird, discarding it as â€Å"immoral literature†. She said: â€Å"Recently I have received echoes down this way of the Hanover County School Board s activities, and what I ve heard makes me wonder if any of its members can read. Surely it is plain to the simplest intelligence that To Kill a Mockingbird spells out in words of seldom more than two syllables a code of honor and conduct, Christian in its ethic, that is the heritage of all Southerners. ToShow MoreRelatedKill A Mockingbird By Harper Lee1049 Words   |  5 PagesTo Kill a Mockingbird: How a Story could be based on True Events in Everyday LifeDaisy GaskinsCoastal Pines Technical Collegeâ€Æ'Harper Lee was born in Monroeville, Alabama. Her father was a former newspaper editor and proprietor, who had served as a state senator and practiced as a lawyer in Monroeville. Also Finch was known as the maiden name of Lee’s mother. With that being said Ha rper Lee became a writer like her father, but she became a American writer, famous for her race relations novel â€Å"ToRead MoreTo Kill a Mockingbird by Harper Lee1000 Words   |  4 Pagesworld-wide recognition to the many faces of prejudice is an accomplishment of its own. Author Harper Lee has had the honor to accomplish just that through her novel, To Kill a Mockingbird, a moving and inspirational story about a young girl learning the difference between the good and the bad of the world. In the small town of Monroeville, Alabama, Nelle Harper Lee was born on April 28, 1926. Growing up, Harper Lee had three siblings: two sisters and an older brother. She and her siblings grew up modestlyRead MoreKill A Mockingbird By Harper Lee1290 Words   |  6 PagesHarper Lee published To Kill a Mockingbird during a rough period in American history, also known as the Civil Rights Movement. This plot dives into the social issues faced by African-Americans in the south, like Tom Robinson. L ee felt that the unfair treatment towards blacks were persistent, not coming to an end any time in the foreseeable future. This dark movement drove her to publish this novel hopeful that it would encourage the society to realize that the harsh racism must stop. Lee effectivelyRead MoreKill A Mockingbird By Harper Lee873 Words   |  4 PagesIn the book, To Kill a Mockingbird, Harper Lee illustrates that â€Å"it’s a sin to kill a mockingbird† throughout the novel by writing innocent characters that have been harmed by evil. Tom Robinson’s persecution is a symbol for the death of a mockingbird. The hunters shooting the bird would in this case be the Maycomb County folk. Lee sets the time in the story in the early 1950s, when the Great Depression was going on and there was poverty everywhere. The mindset of people back then was that blackRead MoreKill A Mockingbird By Harper Lee963 Words   |  4 Pagesgrowing up, when older characters give advice to children or siblings.Growing up is used frequently in the novel To Kill a Mockingbird by Harper Lee. Harper Lee uses the theme growing up in To Kill a Mockingbird to change characters opinion, develop characters through their world, and utilizes prejudice to reveal growing up. One major cause growing up is used in To Kill a Mockingbird is to represent a change of opinion. One part growing up was shown in is through the trial in part two of the novelRead MoreKill A Mockingbird By Harper Lee1052 Words   |  5 PagesTo Kill a Mockingbird by Harper Lee takes place in Maycomb County, Alabama in the late 30s early 40s , after the great depression when poverty and unemployment were widespread throughout the United States. Why is the preconception of racism, discrimination, and antagonism so highly related to some of the characters in this book? People often have a preconceived idea or are biased about one’s decision to live, dress, or talk. Throughout To Kill a Mockingbird, Harper Lee examines the preconceptionRead MoreHarper Lee and to Kill a Mockingbird931 Words   |  4 PagesHarper Lee and her Works Harper Lee knew first hand about the life in the south in the 1930s. She was born in Monroeville, Alabama in 1926 (Castleman 2). Harper Lee was described by one of her friends as Queen of the Tomboys (Castleman 3). Scout Finch, the main character of Lees Novel, To Kill a Mockinbird, was also a tomboy. Many aspects of To Kill a Mockingbird are autobiographical (Castleman 3). Harper Lees parents were Amasa Coleman Lee and Frances Finch Lee. She was the youngestRead MoreKill A Mockingbird By Harper Lee1695 Words   |  7 PagesIn To Kill a Mockingbird Harper Lee presents as a ‘tired old town’ where the inhabitants have ‘nowhere to go’ it is set in the 1930s when prejudices and racism were at a peak. Lee uses Maycomb town to highlight prejudices, racism, poverty and social inequality. In chapter 2 Lee presents the town of Maycomb to be poverty stricken, emphasised through the characterisation of Walter Cunningham. When it is discovered he has no lunch on the first day of school, Scout tries to explain the situation to MissRead MoreKill A Mockingbird By Harper Lee1876 Words   |  8 PagesThough Harper Lee only published two novels, her accomplishments are abundant. Throughout her career Lee claimed: the Presidential Medal of Freedom, Pulitzer Prize for Fiction, Goodreads Choice Awards Best Fiction, and Quill Award for Audio Book. Lee was also inducted into the American Academy of Arts and Letters. This honor society is a huge accomplishment and is considered the highest recognition for artistic talent and accomplishment in the United States. Along with these accomplishments, herRead MoreKill A Mockingbird, By Harper Lee1197 Words   |  5 Pagessuch as crops, houses, and land, and money was awfully limited. These conflicts construct Harper Lee’s novel, To Kill a Mocking Bird. In To Kill a Mocking Bird, Lee establishes the concurrence of good and evil, meaning whether people are naturally good or naturally evil. Lee uses symbolism, characterization, and plot to portray the instinctive of good and evil. To Kill a Mocking Bird, a novel by Harper Lee takes place during the 1930s in the Southern United States. The protagonist, Scout Finch,

How Slave Owners Justify Their Choice - 1757 Words

How could slave owners justify their choice to hold other humans in bondage? What could make them do such a horrible thing? These questions are important and the answers are complex. Slave owners used many reasons to make their choices seem acceptable to society at large, and to themselves. The main reason behind this would be greed and power. In the 1800’s white men who owned plantations felt like they owned the world if they had five slaves, especially in the southern states. However, as the years wore on the black population increased no thanks to the lust of their masters. This brought up a big problem. The solution that they came up with was fear itself. If a slave tried to run away and was caught, he or she was severely punished or†¦show more content†¦later on, a cousin bleeding from her shoulders and neck after a flogging by a drunken overseer. Douglass was briefly saved from an existence of humble plantation work when he was sent to Baltimore to work for a shipwright. There, his mistress showed him to read until her husband pronounced that learning would ruin him. Douglass proceeded with all his training alone. With fifty pennies that he earned blacking boots, Douglass purchased a duplicate of the Columbian Orator, a gathering of talks that incorporated a ranking assault on bondage. This book acquainted him with the thoughts of the Edification and the American Unrest and enlivened him to impeccable his stylistic abilities. At fifteen, after his Master s passing, Douglass was returned to the plantation life where he was unwilling to show respect to his new proprietor, whom he declined to call Master. To squash Douglass defiant soul, he was contracted out to an infamous slave breaker named Edward Covey. For seven months, Douglass persisted mishandle meant and beatings. Be that as it may, one hot August morning he could take no more. He battled back and vanquished Covey in a clench hand battle. Covey never abused Douglass again. In 1836, Douglass and two close friends plotted to escape slavery. When the plan was uncovered, Douglass was thrown into jail. Instead of being sold to slave traders and shipped to the deep South, as he had expected, Douglass was returned to Baltimore andShow MoreRelatedAnalysis of Arguments for the Slavery Institution526 Words   |  3 Pageshighlight the following questions: How might southern apologists for slavery have used the northern â€Å"wage slave† discussed in the last chapter to justify slavery? To what extent do you agree with this argument? How did slaves use religious belief and kinship to temper their plight? Did this strategy play into the hands of slaveholders? How were non-slaveholding whites and â€Å"free people of color† affected by the institution of slavery? From the perspective of a slave-owner, slavery may be paradise whenRead MoreCRITIQUE – Slavery Making of America vs. Rivoli’s â€Å" The Travels of a T Shirt in a Global Economy†971 Words   |  4 Pagesslavery in America during the 17th, 18th and 19th centuries because their views are vastly different. In Rivoli’s book, The Travels of a T-shirt in the Global Economy† (TT) she seems to take the side of the farmer/plantation owner. In that she seems to justify the need for slaves to keep the price of cotton down so that the plantations are more profitable. Instead of the farmers working their own land and/or paying day laborers to help during harvest (as had been done for years prior), they chooseRead MoreThe Liberty And The Pursuit Of Happiness1065 Words   |  5 Pagesstate of Colorado in 2014, should be on the federal ballot in 2016 and passed. Can the issue of slavery be connected to the issue of abortion? Concepts of freedom, personhood, and human rights are central to both issues. How society understands and defines these concepts governs how public policy is made. After giving a speech on Abraham Lincoln and the Second American Revolution (1991), historian James M. McPherson was asked, â€Å"If Lincoln were alive today, what position would [h]e take on abortion†¦Read MoreThe Slavery Of The Civil War1701 Words   |  7 Pagesoff as property, and treated in hateful, vile manors in the name of a higher God. Many slave owners retained the firm belief that due to slavery being beneficial to them and the lack of clear-cut condemnation in scripture, it was a divine institution beneficial to both the slave and slave owner themselves. As a result, these ideals led to further enslavement and abuse, exploiting Blacks so that the slave owners could capitalize off of their work. Although many pro-slavery advocates assert that theirRead MoreStruggle for Independence in the Narrative of the Life of Frederick Douglass, â€Å"An American Slave†1006 Words   |  5 Pagesfor a lifespan of forcible enslavement. For all Slaves, this was the normality which was callously endured. In his work, Narrative of the Life of Frederick Douglass, â€Å"An American Slave,† Frederick Douglass argues and exemplifies that his fate was destined outside of the walls of slavery. In Douglass’ book, he narrates his earliest accounts of being a slave. At a young age, he acknowledges that it was a masters’ prerequisite to â€Å"keep their slaves thus ignorant†, reporting he had no true accountRead MoreMiranda Fleming. Word Count: 1,674. 3/16/17. Defending1674 Words   |  7 PagesFleming Word Count: 1,674 3/16/17 Defending Slavery: Religion and Race The history of slavery in the United States divided people by the color of their skin. During the 16th thru 18th century, people of African ethnicity were automatically considered slaves. This not only created a parceling between races but also the demarcation of the northern and southern states of the America. The northern states had asseverated their opposition of slavery while the southern states upheld their concordance with itRead More Desirees Baby by Kate Chopin Essay examples873 Words   |  4 Pagesonly if it benefits; it is unreasonable. This essay will discuss the role love plays in Armand and Desirees lives and the destructive power of pride and the effect of the choices our characters make. Desiree is a beautiful and gentle, affectionate and sincere young woman.(p. 31) Armand, a young plantation owner, falls in love with her as if struck by a pistol shot.(p.31) Armands love for her is described as a prairie fire, or like anything that drives headlong over all obstaclesRead MoreThe Emergence Of Slavery And The Civil War1415 Words   |  6 PagesSection 11 11/12/14 The Emergence of Slavery and How It Led to the Civil War Slavery is a system where people are not treated as people, they are treated as property. Properties have no right to do anything and only follow what their masters want. They are used for the benefits of their masters and gain nothing in return. This describes exactly how slaves are treated. The unethical and cruel treatment of people through the slavery system caused various slave rebellions and ultimately lit the spark leadingRead MoreEconomic, Geographic, And Social Factors1352 Words   |  6 PagesTopic: How did economic, geographic, and social factors encourage the growth of slavery as an important part of the economy of the southern colonies between 1607 and 1775? The introduction of Africans to America in 1619 set off an irreversible chain of events that effected the economy of the southern colonies. With a switch from the expensive system of indentured servitude, slavery emerged and grew rapidly for various reasons, consisting of economic, geographic, and social factors. The expansionRead MoreThe Father Of Modern Linguistics, Edward Sapir, Characterized1682 Words   |  7 Pagesinnate ability to walk, such a hominid mechanism of complex thought-expression is a learned skill achieved through culture. This exclusively human ability is essential to one’s core identity, as explored by Chicana cultural theorist Gloria Anzaldua in How to Tame a Wild Tongue, in which she recalls being rejected for her native bilingual tongue by native Mexicans and White Americans, unable to fit in with either culture. Here, we see that language is a unique expression of identity -- adaptive and Taoist

Intellectual Property Laws of India Free Essays

string(42) " for such infringement without a warrant\." Intellectual Property Laws of India James Thanickan When India became a Republic in 1950, India had Intellectual Property legislations on copyrights, patents, designs and trade marks. These were mostly adaptations of the laws of Great Britain in each area and were of general international norms. Subsequently, India modified the Intellectual Property legislations to make them meet national needs and requirements. We will write a custom essay sample on Intellectual Property Laws of India or any similar topic only for you Order Now Pursuant to the country’s joining the World Trade Organisation, India either modified the existing legislations or enacted new legislations in all the intellectual properties identified in the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement), as per the obligations it committed. There are now specific legislations on Copyrights and Related Rights, Patents, Trade Marks, Designs, Geographical Indications of Goods, Plant Varieties and Farmers’ Rights, and Semiconductor Integrated Circuits Layout-Designs. In addition, India also has legislations on protection of biological diversity and competition. The Indian Intellectual Property legislations are now fully TRIPS compatible. A brief overview of these legislations is presented in the following paragraphs. Copyrights India has a long history of copyright law enactment. As early as 1857, India passed a law to protect copyrights. Later, another Act was passed in 1862. But the Act which became a milestone was the Copyright Act, 1914. This was based on the Copyright Act, 1911 of the United Kingdom with suitable modifications for India. This Act remained in force until replaced by the present Copyright of 1957 on 21 January 1958. The present legislation was amended periodically in 1983, 1984, 1992, 1994 and 1999 to meet requirements of the times. Presently, a set of amendments is under consideration of the Parliament. Regulations regarding procedures and other matters are prescribed in the Copyright Rules, 1958 as amended from time to time. The Copyright Act extends copyright protection to the following classes of works: (a) Original literary, dramatic, musical and artistic works (b) Cinematograph films, and c) Sound recording. The definition of literary work in the Act is an inclusive definition stating specifically that computer programmes, tables and compilations including computer databases are literary works. Artistic works include architecture but the copyright subsists only in the artistic character and design and not in the process or methods of construction. Copyright will not subsist in any design register ed under the Designs Act or an article to which the design has been applied is reproduced more than fifty times by an industrial process. There shall be no copyright in a cinematograph film if a substantial part of the film is an infringement of copyright in any work. Similarly, if a sound recording contains infringing work, then it will not have any copyright. The law makes it also clear that that the separate copyright in any work incorporated in a cinematograph film or sound recording is not affected by the copyright in the cinematograph film or the sound recording. The following rights accrue to the owners of copyright: reproduction, issuing of copies, communication to the public, translation, and adaptation. Similar rights are also available for translations and adaptations. For computer programmes, sale and commercial rental rights have also been provided. In the case of original artistic works, the author is eligible for a share of the resale proceeds also. The Indian law also provides for special rights to claim authorship of the work and to restrain or claim damages in respect of any distortion, mutilation, modification or such other acts on the work. The duration of copyright in India is life plus sixty years. However, in case of cinematograph films, sound recordings, photographs, government works, works of public under takings and international organisations, the term of copyright is sixty years. The Act permits certain acts without specific permission of the copyright owner. These include a fair dealing with a literary (not being a computer programme), dramatic, musical or artistic work for the purposes of private use including research, and criticism or review and also for reporting of current events. Such works can also be reproduced for judicial proceedings and by legislature secretariats for use by members of a legislature. Reproduction of literary, dramatic, musical and artistic works is also permitted by a teacher or pupil in the course of instruction and examination. In the case of a computer programme, making of backup copies by the lawful possessor is permitted. Decompilation and reverse engineering are also permitted under certain circumstances. Performance of a literary dramatic, or musical work or the communication to the public of such work or a sound recording in the course of any bona fide religious ceremony or an official ceremony held by the government is also permitted. While copyright accrues without any formality, facility for voluntary registration is available. The registration is made by the Registrar of Copyrights. The registration certificate is prima facie evidence of copyright. There is a copyright Board to appeal against the decisions of the Registrar of Copyrights. A person can also relinquish his copyright with the Registrar of Copyrights. All acts which are the exclusive rights of the owner when done without his permission are infringements. Similarly, importing into India, exhibiting for sale, etc. f infringing copies of a work are also infringements. Civil and criminal procedures are available to the owners in cased of infringement of copyrights. Civil suits can be filed in the district courts of the place where the owner is ordinarily resident or where his business is. Damages and accounts can be claimed in civil suits. Indian courts have now started imposing punitive damages also. All acts of infringement are criminal offences. Mand atory minimum punishments of six months imprisonment and Rs. 0,000 fine for the first offence and double that which can go upto three years imprisonment and Rs. 200,000 fine are prescribed in the Act. Knowing use of an infringing copy of a computer programme is an offence. Police have powers to seize infringing copies of copyrighted works and the machinery and equipment used for such infringement without a warrant. You read "Intellectual Property Laws of India" in category "Law" The Indian Act also provides for compulsory licences in certain circumstances such as non-republication and non-permission for translation after certain number of years. For administering the copyrights, the Act provides for copyright societies. There are separate societies for performing rights, sound recordings, cinematograph films and reprography rights. The Copyright Act has also provisions for extending copyright to foreign works. This is done through a special notification. At present citizens of all countries who are members of the Berne Union or the World Trade Organisation get copyright for their works in India. Related Rights Related Rights are also governed by the Copyright Act. The two categories of related rights provided are for broadcasters and performers. Broadcasters et the broadcast reproduction right which entails that no person shall re-broadcast or cause the broadcast to be heard or seen by the public on payment of any charges, make any sound or visual recording of the broadcast, or sells or rents to the public any recording without licence from the broadcaster concerned. These rights last for twenty-five years. Performers get performers’ right over their performance which means no one can make a sound or visual recording of his performance, or reproduce any such recording or broadcast such recording without the performer’s permission. This right lasts for fifty years. Both broadcasters and performers rights extend to the importation of copies of sound or visual recordings made without permission. There are exceptions to the enjoyment of the related rights on the lines of exceptions for copyright. Civil and criminal remedies are available for infringement of the related rights, again on similar lines as for copyright infringement. Patents History of patent protection in India also goes back to the late nineteenth century. The first Patent Act was that of the year 1856. This law gave certain exclusive privileges to inventors for a period of 14 years. The Act was replaced by another Act in 1859. This was patterned after the British Act of 1852. Later, the Protection of Inventions Act was passed in the year 1883. The Inventions and Designs Act of 1888 replaced all the existing Acts in these two areas. Subsequently the Patents and Designs Act of 1911 replaced all the previous Acts. This Act really established a system for proper administration of the Act by appointing Controller of Patents. Later the Patents Act 1970 was enacted on 20th April 1972. This Act was amended in 1999, 2002 and 2005 with a view to making it compatible with the provisions of the TRIPS Agreement and is now fully TRIPS compatible. Prior to 2005 amendment, products in the field of pharmaceuticals and food items were not patentable. New Patent Rules were notified in 2003. Patents are available for all new inventions, both products and processes in all fields of technology which satisfy the patentability criteria, that is, novelty, inventiveness and industrial application. The Act defines invention as a new product or process involving an inventive step and capable of industrial application and further defines ‘new invention’ as â€Å"any invention or technology which has not been anticipated by publication in any document or sed in the country or elsewhere in the world before the date of filing of patent application with complete specification, i. e. , the subject matter has not fallen in public domain or that it does not form part of the state of the art. † The Indian Act provides an elaborate list of what are not patentable inventions. These, inter alia, include frivolous inventions or inve ntions which claim anything obviously contrary to well established natural laws or which are meant primarily for use which could be contrary to public order or morality or which cause prejudice to human, animal or plant life or health or to the environment. Mathematical or business methods or a computer programme per se is also not patentable. Methods of treatment of humans, animals or of agriculture or horticulture are also not patentable. Traditional knowledge, literary, dramatic, musical or artistic works, topographies of integrated circuits, presentation of information, a mere scheme or rule or method of performing mental act or method of playing games and plants and animals in whole or in any part thereof are certain other non-patentable items. However, microorganisms are patentable. While submitting an application for patent, the applicant has to clearly indicate the source from which the biological material from India has been obtained and also that the necessary permission from the competent authority will be submitted. Such permission is to be obtained from the National Biodiversity Authority. A patent grants the exclusive right to the patentee to prevent third parties, who do not have his consent, from the act of making, using, offering for sale, selling or importing the patented product or process. The Indian Patent Act makes it clear that patents are granted to encourage inventions and to secure that the inventions are worked in India on a commercial scale and not merely to enable the patentee to enjoy a monopoly for the importation of the patented article. With a view to keep a balance of the rights of owners and public interest, the Act also provides for compulsory licences in certain circumstances such as an epidemic or for government use. Provisions also exist for granting compulsory licence in cases of application from countries that do not have adequate manufacturing capacity. However, so far no compulsory licence has been granted in India. Patent is granted on application to and after examination by the Patent Office. The application can be made by the true and first inventor of the invention or by any assignee or by the legal representative of any deceased person who was the true and first inventor or his assignee. As per the Act, the first person to apply gets the patent, if other conditions are satisfied. Provisional application can be made. However, in such case the complete application should be made within one year of the date of the provisional application. Ordinarily, patent applications are published in the Patent Journal 18 months after receipt of the application. However, in case the applicant applies for early publication, it will be done. After publication, the applicant or any third party can request for examination of the same. Decisions of the Controller of Patents are appealable to the Intellectual Property Appellate Board. Pre-grant representation against grant of a patent can be made upto six months from the date of publication. Opposition can also be made after grant of a patent. The grounds for opposing a patent clearly enunciated in the Patents Act. These mostly pertain to the patentability criteria and the non-patentable subject matter specified in the Act itself. The term of a patent is 20 years from the date of application or priority date, whichever is earlier, subject to annual renewal. In case of infringement of a patent right, civil action can be initiated by the patentee. Designs Industrial design protection in India can be traced back to the Patterns and Designs Protection Act, 1872. This was later incorporated in the Patents and Designs Act, 1888 which was later replaced by the Patents and Designs Act, 1911. So far as designs were concerned, this law remained in force till 11th May 2001, when the Designs Act 2000, along with the Designs Rules 2001, was brought into force. As per the Design Act, protection is extended to all registered designs. The definition of design makes it clear that only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article by an industrial process or means, which in the finished article appeal to and are solely judged by eye are registrable. It does not include any mode or principle of construction or anything which is in substance a mere mechanical device. Nor does it include trade marks or artistic works which are protected under copyright. Both two dimensional and three dimensional articles are protectable. In order to get registration, the design must be original or novel. Original includes designs which though old in themselves yet are new in their application. A design which has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the date of filing date or the priority date are not eligible for registration. Similarly designs which is not significantly distinguishable from known designs or combination of known designs or which comprises or contains scandalous or obscene matter are also not eligible registration. A design may be registered in more than one class. Registration of design is to be done in the Design Office at Kolkata, but application can be submitted in any one of the Patent offices at Chennai, Delhi or Mumbai. Appeals against the decisions of the Controller of Designs are to be made in a High Court. When a design is registered, the registered proprietor of the design gets copyright on that design for a period of ten years. The registration can be renewed once only for five years. Registration of a design makes it illegal for any person to apply or use the design on any article for sale or import of an article on which the design has been applied, without the licence of the registered proprietor. The penalty for piracy of design is payment of a sum not exceeding Rs. 25,000 to the registered proprietor and damages. Civil proceedings are to be instituted in a court not below that of a District Court. Design copyrights can be assigned or licensed. Trade marks The history of trade mark protection in India can be traced back to the Indian Merchandise Marks, Act 1889. Like similar legislations in the field of intellectual property rights, this was based on a British statute, in this case, the U. K. Merchandise Marks Act, 1887. A proper trade mark law was introduced with the enactment of the Trade Marks Act, 1940. This was later repealed when the Trade and Merchandise Marks Act, 1958 was brought into force on 25th November 1959. This Act consolidated the provisions of the 1889 Merchandise Marks Act and the 1940 Trade Marks Act. The present Act is the Trade marks Act 1999 which was enacted keeping in view the obligations under the TRIPS Agreement. This Act, along with the Trade Marks Rules, 2002, was brought into force from 15 September 2003. As per the Trade Marks Act, for registration, a trade mark should be capable of being represented graphically and also of distinguishing the goods and services of one person from those of others and may include shape of goods, their packaging and ombination of colours. The Act provides for registration of certification trade marks and collective trade marks. Registration can be made in any one or more classes prescribed in the Rules. India follows the Nice classification of goods and services. India also recognises the concept of well known trade marks. A Trade Marks Registry with headquarters at Mumbai with branches at Kolkata, Delhi, Chennai and Ahmedabad exists for re gistration of trade marks. Application is to be submitted at the appropriate office depending on which part of the country the registered office of the applicant is situated. Marks which are devoid of any distinctive character or which may serve to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or services, or which have become customary in the current language or in the bona fide and established practices of the trade will be refused registration. Further, marks which are of such nature as to deceive the public or cause confusion, or which contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India, or which comprises or contains scandalous or obscene matter or which are national emblems or names will also not be registered. In addition a mark consisting exclusively of shape of goods which results from the nature of the goods themselves or the shape of goods which is necessary to obtain technical result or the shape which gives substantial value to the goods will also be refused registration. The registration is done after due examination and comparison with existing registered trade marks and after publication. Aggrieved persons can represent to the Registrar of Trade Marks before registration. The decisions of the Registrar of Trade Marks are appealable to the Intellectual Property appellate Board. Registration of a trade mark is valid for ten years, but it can be renewed from time to time. Registration gives the exclusive right to use that trade mark on the specific classes of goods or services to the registered proprietor. Use of a registered trade mark by an unauthorised person is infringement of the rights in that trade mark. Civil and criminal remedies akin to those of copyrights are available to the owners of the trade mark. In the case of trade mark, prior use claim is recognised by the Indian law. However, in the case of an unregistered trade mark, the court action will be for passing off the goodwill under the common law of torts. Geographical Indications India enacted a sui generis legislation for the protection of geographical indications through a registration process in fulfilment of its obligations under the TRIPS Agreement. The Geographical Indications of Goods (Registration and Protection) Act, 1999, along with the Geographical Indications of Goods (Registration and Protection) Rules, 2002, was brought into force on 15th September 2003. The Act provides for registration of geographical indication of agricultural, natural or manufactured goods which identifies such goods as originating or manufactured in the territory of a country or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin. Through an explanation, the Act clarifies that any name which is not the name of country, region or locality of that country shall also be considered as the geographical indication if it relates to a specific geographical area and is used upon or in relation to particular goods originating from that country region or locality , as the case may be. The application for registration of a geographical indication is to be made to the Registrar of Geographical Indication. Any association or persons or producers or any organisation or authority established by or under any law for the time being in force representing the interests of the producers of the goods concerned, can apply for registration. The application will be examined, if necessary in consultation with a consultation group consisting of experts, and the accepted applications are advertised in the Geographical Indications Journal inviting objections if any. Opposition has to be filed within three months. The objections will be examined through a quasi judicial process and depending on the outcome, a geographical indication is registered or not. Decisions of the Registrar of Geographical Indication are appealable to the Intellectual Property Appellate Board. The registration of a geographical indication is for a period of ten years but is renewable from to time without any limit. The Act also provides for registration of the authorised users of the goods in question. These registrations are also for ten year periods. Registration confers on the authorised user the exclusive right to the use of the geographical indication in relation to the goods in respect of which the geographical indication is registered. Any unauthorised use is an infringement. No infringement action can be taken against an unregistered geographical indication. The registered proprietor and authorised user can initiate the action for getting relief against infringement . The Government can notify the goods which are entitled for higher level of protection as per the TRIPS Agreement. Civil and criminal remedies, on the lines of such remedies for trade mark infringement are available for geographical indication infringements. Geographical Indication rights are not assignable. However, legal heirs, who produce or manufacture the goods in question as per the requirements, can inherit the rights. Semiconductor Integrated Circuits Layout-Designs The Semiconductor Integrated Circuits Layout-Design Act, 2000 was enacted by India in pursuance of its obligations under the TRIPS Agreement. The Act, along with, the Semiconductor Integrated Circuits Layout-Design Rules 2001 was brought into force partially on 1st May 2004. The Act provides for registration of layout designs of semiconductor integrated circuits. A layout-design which is not original or which has been commercially exploited anywhere in India or in a convention country, or which is not inherently distinctive or which is not inherently capable of being distinguishable from any other registered layout-design will not be registered. Any person claiming to be the creator of a layout-design can apply to the Registrar of Layout-Designs for registration. Accepted applications will be advertised and any person can file opposition to the registration within three months of the advertisement. Thereafter, after due quasi judicial proceedings only the application is registered. Decisions of the Registrar of Layout—Design are appealable to the Layout-Design Appellate Board. Registration of a layout-design is valid for ten years from the date of filing or from the date of first commercial exploitation anywhere in any country whichever is earlier. The Act also provides for registration of authorised users. However, the authorised users do not have the right of assignment but only of use of the layout=design. Registration grants to the registered proprietor the exclusive right to the use of the layout-design and to obtain relief in respect of infringement. Infringement of layout-design occurs when any person not being the registered proprietor or a registered user thereof, does any act of reproducing, whether by incorporating in a semiconductor integrated circuit or otherwise, a registered design in its entirety or any part thereof. Infringements of the rights of a registered proprietor or authorised user are infringements which are punishable offences. The quantum of penalties and punishments are similar to those of trade marks. Protection of Plant Varieties In order to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants, the Protection of Plant Varieties and Farmers’ Rights Act,2001 was enacted. The Act provides for registration of any new variety of plant which is novel, distinctive, uniform and stable. Extant varieties can also be registered subject to certain conditions. Applications for registration can be made by plant breeders or their assignees. Registration confers an exclusive right on the breeder or his successor, his agent or licensee, to produce, sell, market, distribute, import or export the variety. However, researchers are free to use the variety for conducting experiment or research. Any person is also free to use the variety as an initial source of variety for the purpose of creating other varieties. A farmer who has bred or developed a new variety is also entitled for registration and other protection in like manner as a breeder of a variety under the Act. Registration of a new plant variety is valid for eighteen years from the date of registration in case of trees and vines and for fifteen years in other cases. Registration of an extant variety is valid for fifteen years only. Civil suit can be filed against infringers of the rights conferred by registration in district courts. Courts can grant relief such as injunction and at the option of the plaintiff, either damages or a share of the profits. False application of the denomination of a registered variety is an offence. First time such offences are punishable with imprisonment for a term which shall not be less than three months but which may extend to two years, or with fine which shall not be less than Rs. 50,000 but which may extend to Rs. 500,000. A person who has already been convicted of an offence under the Act is punishable for second and for every subsequent offence with imprisonment for a term which shall not be less than one year but which may extend to three years or with fine which shall not be less than Rs. 00,000 but which may extend to Rs. 2,000,000. Protection of Biological Diversity and Associated Traditional Knowledge In pursuance to the United Nations Convention on Biological Diversity, 1992, India enacted the Biological Diversity Act, 2002 with the objective of conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of the utilisation of genetic resources. The Act, along with the Biological Diversity Rule s, 2004, was brought into force fully on 1st July 2004. The Act contains detailed procedures and guidelines for accessing biological diversity and associated traditional knowledge occurring in India, including about Prior Informed Consent for Access and Fair and Equitable Benefit Sharing Agreements. The Act provides for prior approval of the National Biodiversity Authority for making any application for any intellectual property right, in or outside India, for any invention based on any research or information on a biological resource obtained from India. The National Biodiversity Authority may, while granting the approval, impose benefit sharing fee or royalty or both or impose conditions including the sharing of financial benefits arising out of the commercial utilisation of such rights. Further, all foreign nationals, non-resident Indians and firms, associations and organisations with non-Indian participation require approval of the National Biological Diversity Board for accessing biological resources or knowledge associated thereto for research or for commercial utilisation. For transfer of biological resource and associated knowledge also prior permission of the National Biodiversity Authority is required. The benefit sharing arrangements, inter alia, include grant of joint ownership of the intellectual property rights to the National Biodiversity Authority, or where benefit claimers are identified, to such benefit claimers. Intellectual Property Administration In India, the intellectual property laws are administered by different Departments of the Central Government. The table below presents the departments which handle various intellectual property laws. Law| Department| Copyright Act| Higher Education| Patents Act| Industrial Policy Promotion| Designs Act| Industrial Policy Promotion| Trade Marks Act| Industrial Policy Promotion| Geographical Indications of Goods (Registration and Protection) Act| Industrial Policy Promotion| Semiconductor Integrated circuits Layout-Design Act| Information Technology| Protection of Plant Varieties and Farmers’ Rights Act| Agriculture and Cooperation| Biological Diversity Act| Environment and Forests| Consequently, the administrative set ups for the different Intellectual Property laws are also different. The Copyright Act is administered by the Copyright Registry at New Delhi. It is headed by the Registrar of Copyrights who is assisted by Deputy Registrars of Copyrights. A copyright Board exists for hearing appeals against the decisions of the Registrar of Copyright. The Patents Act, Designs Act, Trade Marks Act and the Geographical Indications of Goods (Registration and Protection) Act are administered by the Controller General of Patents, Designs and Trade Marks (CGPDTM), Mumbai. Under the Controller General are the Patents Office, the Design Wing, the Trade Marks Registry and the Geographical Indications Registry. The headquarters of the Patent Office is at Kolkata and there are branch offices at Chennai, New Delhi and Mumbai. The headquarters of the Trade Marks Registry is at Mumbai. It has branch offices at Ahmedabad, Chennai, Kolkata and New Delhi. The Design Wing of the Patent Office is at Kolkata. The Geographical Indications Registry is at Chennai. The Controller General is assisted by different levels of Controllers of Patents and Designs and Examiners in the patents and designs office and different levels of Registrars and Examiners in the trade mark and geographical indications registries. The Intellectual Property Appellate Board hears the appeals against the decisions of the Controller General of Patents, Designs and Trade Marks. The Protection of Plant Varieties and Farmers’ Rights Act is administered by the Plant Varieties and Farmers’ Rights Authority headed by a Chairperson and consisting of fifteen Members. A Plant Varieties Registry headed by a Registrar General of Plant Varieties has been set up under the Authority to register the plant varieties. Decisions of the Authority or the Registrar can be appealed to the Plant Varieties Protection Appellate Tribunal. The Registrar of Semiconductor Integrated Circuits layout-Design administers the Semiconductor Integrated Circuits Layout-Design Act. Appeals against the decisions of the Registrar can be preferred at the Layout-Design Appellate Board. The National Biodiversity Authority in Chennai administers the Biological Diversity Act and Rules. Under the Authority, State Biodiversity Boards and at local body level Biodiversity Management Committees exist. Membership of International Treaties and Conventions on Intellectual Property India is a member of all major international treaties and Conventions on Intellectual Property. These include the Berne Convention for the Protection of Literary and Artistic Works, the Paris Convention for the Protection of Industrial Property, Agreement on Trade Related Aspects of Intellectual Property, Convention on Biological Diversity, Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, Nairobi Treaty on the Protection of the Olympic Symbol, Patent Cooperation Treaty, Phonograms Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms, WIPO Convention and Universal Copyright Convention. ——————————————- [ 2 ]. Section 3(l) of the Patents Act, 1970. How to cite Intellectual Property Laws of India, Essays

Longest Period Economic Growth Developed -Myassignmenthelp.Com

Question: Discuss About The Longest Period Economic Growth Developed? Answer: Introduction The economic performance of all countries in the world is measured by using some universal economic indicators. One of the major economic indicator is the Gross Domestic Product (GDP). GDP is the value of all goods a country produces within it boarders in monetary terms (Tribe, 2011). The GDP level for most countries is estimated on a quarterly basis. The level varies from one quarter to the other; any improvement from the previous estimate is an indicator that there is expansion in the countrys production level which is desirable for any given economy. This paper is mainly concentrated on comparing and contrasting the differences in economic performance between US and Australia. The reason for the differentials in performance will be identified and explained in actual figures. The data to be used is for the period starting from 2012 to 2016 (five years). Since GDP is a primary indicator, we shall start the research by identifying the various accounting methods used in its computation. Whereas there are several methods of GDP accounting we shall only rely mostly on the expenditure approach. According to the US Bureau of Statistics, the source for expenditure data is reliable and has an advantage of data integrity (Mathews, 2012). Other realistic arguments such as the PPF and business cycles concept will be employed in the research. Data to be used will be obtained from various government institutions. GDP Accounting Methods There are three methods that are globally accepted for the estimation of GDP and are alleged to give similar estimates. One of them is the expenditure method where it has four components; investments, consumption, government spending and net exports. When this components are summed up, they give nominal GDP which is further adjusted for changes in inflation to make it real GDP. This method is the most commonly used with consumer spending being the dominant component, followed by government spending, business investment and lastly the net export component. The second method is the production approach also referred to as the net product method or Value added method. This method originates from the definition of GDP total monetary value of all goods and services; this gives the gross value (World Bank, 2013). The next step is to subtract the intermediate consumption from this gross value. Intermediate consumption includes; cost of materials used in producing the final output, supplies and services. The last method is the income approach method which assumes that all incomes generated by all goods and services produced by an economy should be equal to all the expenditures in that economy (Ross, 2018). The components for this approach include; labor income (wages, Salaries, and fringe benefits. government taxes for Social Security and unemployment insurance are also included); Rental income (Property income received by households, imputed rent, Royalties from patents, assets and copyrights); interest income (Income the households receive from lending their money to business firms and corporations. Interest payments by Government and household are not included); lastly, accounting profit (What is left with firms after paying their rent, employee compensation and interest on debt). Business Cycles According to Amadeo (2018), there are 3 most important indicators that tell the business cycle phase the country is operating at; growth rate of GDP, Unemployment rate and inflation. These three indicators should be compared from a year to another to determine the economic growth and thus to help in the implementation of the appropriate policies. Positive growth indicates an expansion phase whereas negative growth indicates a recession (Msmf.com, 2017). Since the great recession of 2007-09, the US has been on the recovery process. US labor productivity, growth of output and hours worked The graph above provided by the US bureau of statistics shows that the US economy has not fully recovered from the impacts of the global recession as it is still operating below the average cycle (Sprague, 2017). The table below shows that the US economy has been on an expansion phase for the five years under analysis; growth rate is positive, unemployment low and inflation rate also low. Table: US Business cycles from 2012-2016 Year GDP Growth Unemployment Rate Inflation Business Cycle Phase 2012 2.2% 7.8% 1.7% Expansion. 2013 1.7% 6.7% 1.5% Expansion. 2014 2.6% 5.6% 0.8% Expansion. 2015 2.9% 5.0% 0.7% Low oil prices. Strong dollar.Fed raised rate. 2016 1.5% 4.7% 2.1% Year GDP Growth Unemployment Rate Inflation Business Cycle Phase 2012 3.6% 5.2% 1.8% Expansion. 2013 2.1% 5.7% 2.5% Expansion. 2014 2.8% 6.1% 2.5% Expansion. 2015 2.4% 6.1% 1.5% Expansion. 2016 2.5% 5.7% 1.3% Expansion. Source: FocusEconomics.com (2018) According to Tang (2017), Australia has been on the expansion phase for many years. PPF Concept The United States economic performance is better than Australian when considering the production possibility frontier (PPF). According to Perera (2016), individuals have unlimited needs and wants and thus the resources available are not enough to meet these needs and wants and thus the economy has to make the right choices to maximize their production of goods and services. The United States is a more developed country compared to Australia, it has more factor resources, advanced technology and increased productivity that enables it to produce close to the PPF. Points A, B and C are along the PPF and are the efficient points. It can be argued that no country have efficient utilization of available resources since that country should be operating at full employment level. Since the employment level in US is lower than that of Australia, the US can be said to be closer to the efficient level than Australia as positioned on the above graph. The US can thus be considered to have more resources than Australia and is better employing them to increase productivity. GDP of the United States and Australia in comparison GDP is always provided in the National currency; Australian Dollar for Australia and US Dollar for the US. However, from the data I collected from the IMF, I converted the Australian Dollars to US dollars at the current exchange rate in order to get a clear comparison; both the US and Australian GDP in the graph above are in Billions of US Dollar. As it can be observed from the graph, the US GDP is way higher in comparison to that of Australia. The trend for the US GDP is also heading upwards whereas that of Australia in nearly horizontal. The upward trend is indicating a growth in economic performance during the 5 year period for the US and a sluggish growth for Australia. This GDP data is clearly indicating that the production of goods and services in the US in monetary value is much greater than that of Australia. GDP per capital is estimated at constant prices in the national currency units; however, the units of Australian dollars have been converted to US dollars. From the graph above, one can easily note that the trend for GDP per capital for both countries looks alike and is heading upwards. This indicates that it is growing for both countries. However, the units for the US GDP per Capita are much greater than for Australia. This can also be concluded that the US is performing better than Australia in terms of GDP per capita. How the components of GDP has impacted the GDP of both the US and Australia Since similar components are used in the computation of GDP, any increment in any of the component leads to an increment in GDP. On the other hand, when any of the components shrink, GDP also falls. For instance, the net export for the US is very poor compared to Australia according to the IMF data. This means that the net export has very little contribution to the US GDP than for Australia. Since the unemployment rate in the US is lower than in Asutralia, it means that most people have incomes to spend on goods and services; this explains the big contribution of consumption component in US GDP. The expansion of output and increased demand by households since they have incomes has contributed much to US GDP than for Australia since it has led to increased business investments on expansion. When unemployment rate is low, the government revenues rise and this explains why the US government is able to spend more than Australia. Comparison of Economic Growth between US and Australia From the above graph, it can be concluded that the US economy growth rate was lower than that of Australia despite the better performance in other indicators. Both countries were in an expansion phase during this period because their GDP growth rate was positive for all the years. From the data obtained from the IMF, both the US and Australian GDP rose from 2012 2016. The inflation rate for both countries also rose during this period. The major difference was on the unemployment rate, while it was on a falling trend for the US, it was on a rising trend for the Australian economy. In summary, it can be concluded that the US economys economic performance from 2012 2016 was better than that of Australia. References Amadeo, K. (2018). U.S. GDP Growth Rate by Year Compared to Inflation and Unemployment: What Really Influenced U.S. Growth Through History? [Online] The Balance. Available at: https://www.thebalance.com/u-s-gdp-growth-3306008 [Accessed 26 Jan. 2018]. FocusEconomics.com (2018). Australia Economic Outlook. [Online] FocusEconomics.com. Available at: https://www.focus-economics.com/countries/australia [Accessed 26 Jan. 2018]. Imf.org (2018). Report for Selected Countries and Subjects. [Online] Imf.org. Available at: https://www.imf.org/external/pubs/ft/weo/2016/02/weodata/weorept.aspx?pr.x=66pr.y=9sy=2012ey=2016scsm=1ssd=1sort=countryds=.br=1c=193%2C111s=NGDP_R%2CNGDPRPC%2CNID_NGDP%2CPCPIPCH%2CTM_RPCH%2CTX_RPCH%2CLUR%2CGGR%2CBCAgrp=0a= [Accessed 24 Jan. 2018]. Mathews, R. (2012). GDP and the US Economy: 3 Ways to Measure Economic Production. [Online] Mic.com. Available at: https://mic.com/articles/14943/gdp-and-the-us-economy-3-ways-to-measure-economic-production#.caMGFi6qL [Accessed 25 Jan. 2018]. Msmf.com (2017). The U.S. Business Cycle: Where We Are and What Does It Mean? [Online] Msmf.com. Available at: https://www.msmf.com/blog/the-u-s-business-cycle-where-are-we-and-what-does-it-mean [Accessed 26 Jan. 2018]. Perera, G. (2016). What is PPF in Economics? [Online] Pediaa.Com. Available at: https://pediaa.com/what-is-ppf-in-economics/ [Accessed 25 Jan. 2018]. Ross, S. (2018). How do you calculate GDP with the Income Approach? [Online] Investopedia. Available at: https://www.investopedia.com/ask/answers/070715/how-do-you-calculate-gdp-income-approach.asp [Accessed 25 Jan. 2018]. Sprague, S. (2017). Below trend: the U.S. productivity slowdown since the Great Recession. [Online] Bls.gov. Available at: https://www.bls.gov/opub/btn/volume-6/below-trend-the-us-productivity-slowdown-since-the-great-recession.htm [Accessed 26 Jan. 2018]. Tang, E. (2017). Australia has experienced the longest period of economic growth in the developed world. [Online] Austrade.gov.au. Available at: https://www.austrade.gov.au/news/economic-analysis/australia-has-experienced-the-longest-economic-growth-among-major-developed-world [Accessed 26 Jan. 2018]. Tribe, J. (2011). The Economics of Recreation, Leisure and Tourism. Routledge. World Bank (2013). Measuring the real size of the world economy: the framework, methodology, and results of the International Comparison Program--ICP. Washington, DC: World Bank

Globalisation versus localization in the first food industry free essay sample

Table of Content Vertical Integration along the Fast-food Supply Chain Creating a Culture for Organizational Excellence Bibliography Web Reference Task:1 GLOBALISATION VERSUS LOCALIZATION IN THE FIRST FOOD INDUSTRY To demonstrate the globalization versus localization of the first food industry its necessary to demonstrate both the terms – â€Å"Globalization† and â€Å"Localization† Globalization can be defined as the process by which markets and productions in different countries are becoming increasingly interdependent due to the dynamics of trade in goods and services and flows of capital and technology. A Globalizing World: Culture, Economics, Politics. edited by David Held Publisher: The Open University Page:92 The practice that makes a product s property suitable for using in different culture, language, political and social environment is known as the products localization. A supply chain is a network of facilities and distribution options that performs the function of procurement of materials, transformation of these materials into intermediate and finished products and the distribution of these finished products to customers. Essentials of Supply Chain Management By Michael H. Hugos, page 3 Now a supply chain could be global when not only its demand side is global but its supply side is equally global as the main efficiency lies in cost efficiency by which the local responsiveness can gain a swift drive, that only can achieved by globalizing the supply system. If analysis take place on basis of base products then it will project the paradoxical balance of globalization and local responsiveness Beverage Fact: Pepsi is still served as most promoted soft drinks in KFC restaurants but Coca-Cola is served as one of the most popular drink in many restaurants of Malaysia, South Africa, Turkey, Romania ,Philippines, Greece, Israel and Sri Lanka. In Peru, the locally popular Inca Kola is sold. Differences could be noticed in many other countrys beverage menu like in Peru local favourite Inca Kola is sold, beer is served as drink in many East European countries restaurant. Globalization: For local demand the supply side of beverage less global, though the integration is quite remarkable to gain globalization approach by supplying international brands like Coca cola and Pepsi with local favourites to increase its value added outlook while supporting global integration. Localization: To attract the diverse test it is more logical to make the supply of beverage local as local responsiveness is vital to increase the exposure of a global supply chain. Globalization versus Localization is a rather paradoxical situation in business environment though sustaining and expanding in a multicultural environment it is must for companies to adopt localisation for better responsiveness. Base products for example: Chicken The supply system for base products like chicken comes from different suppliers across the world. For instance the suppliers of chicken at KFC in West Virginia is Pilgrims Pride. Chicken supplier in Mexico is Tyson Foods. Globalization: The supply structure for base product is fully global to achieve low cost efficiency as farming in the operating country is more convenient, cost effective, and convenient to reach to the finished product. Localization: Though the supply structure of base product is global but it catches local responsiveness when the firming and supply contributing in the operating country’s economics through employment and other financial means. Operational Items : Operational product supply like packaging products come from Indonesian, Singapore. For example Asia Pulp Paper based in Singapore. Globalization: This supply arrangements of KFC is also characterized largely by globalization as it makes the operation more easier and integrated for further explanation Singapore is a port city that could ensure smooth supply all year round. Even politically this country is sound to obtain a flow of production. Localization: This supply arrangement has no or small effect on local responsiveness as KFC use same branding for its packaging (Logo, colour, size) all over the world so not being localized has literally no impact on company revenue. Side Dishes: KFC always adapts the menu that could satisfy international test. There are hundreds different menu worldwide based on different test of different part of the world. For example Asians like spicy food and the chief executive of fast-food giant Yum Brands David Novak, said In Asia, people like spicier foods. We have a Zinger sandwich, a spicy chicken fillet sandwich that is enormously popular. Author: By Kathy Chu USA TODAY Title: Yum Brands CEO takes on the world — a bite at a time http://usatoday30. usatoday. com/money/industries/food/story/2012-02-26/yum-brands-david-novak-global-reach/53260414/1 Updated 2/27/2012 8:02 AM French fries, coleslaw, barbecue baked beans, corn on the cob, mashed potato, bread rolls and American biscuits are very common as a side dish at KFC. But they have different supply to match different test for instance ,Singapore ,Ecuador sell seafood . Meatball sup is sold in Malaysia, whereas ,Asias mostly used food grain rice served as side. Globalization: Since the demand nature of different market is diverse so the supply should be from diverse source that basically highlighted the globalize nature of integration though locally acquired Localization: The supply structure is local in sense of productions such as uses of Asian spices. Though from demand point of view it is attracting local responsiveness. Secret Recipe : The secret recipe was always under limelight as the one of the top most business secretes of the world. To ensure the secrecy KFC use multiple suppliers to process the spices. To understand the range of secrecy that KFC maintain in regard of protecting it , the bellow report could be an example Colonel Harland Sanders handwritten recipe of 11 herbs and spices was to be removed Tuesday from safekeeping at KFCs corporate offices for the first time in decades. The temporary relocation is allowing KFC to revamp security around a yellowing sheet of paper that contains one of the countrys most famous corporate secrets. The brands top executive admitted his nerves were aflutter despite the tight security he lined up for the operation. I dont want to be the president who loses the recipe, KFC President Roger Eaton said. Imagine how terrifying that would be. So important is the 68-year-old concoction that coats the chains Original Recipe chicken that only two company executives at any time have access to it. The company refuses to release their name or title, and it uses multiple suppliers who produce and blend the ingredients but know only a part of the entire contents. Published: Tuesday, 9 Sep 2008 | 5:17 AM ET By: AP (cited in CNBC) Title: Colonels Secret Recipe Gets Bodyguards http://www. cnbc. com/id/26618866/Colonel039s_Secret_Recipe_Gets_Bodyguards Globalization This blend might be kept secret to attract the global attraction and the product’s indemnified test, in this sense it is globalized as its been the tool for international marketing. It is global in demand’s point of view ,that integrates all other policies of KFC Localization: It is totally a local structure of supply as the production is limited between 2 suppliers to maintain secrecy as well as the one supplier is constantly McCormick Company. Task: 2 Vertical Integration along the Fast-food Supply Chain According to ‘The Economist’ Vertical integration is the merging together of two businesses that are at different stages of production for example, a food manufacturer and a chain of supermarkets. The Economist’ (Mar 30th 2009) Title : Vertical integration Available at: http://www. economist. com/node/13396061 5/4/12 According to Porter, Vertical Integration defines the division of activities between a firm and its suppliers, channels and buyers Mobile Services in the Networked Economy P:35 Jarkko Vesa IRM Press,USA Top of Form So when each member of a supply chain produce different product or service and all those products combined to satisfy customer need then it is vertical Integration. Strategic Alliances In the beginning colonel Sanders’s selling KFC to two Louisville business men and being a good will and public relation ambassador was more a strategic alliance rather than a Merger and Acquisition. The effectiveness of ‘strategic alliances comprise three main factors, these are Whom the alliance is forming with: Partners. Construction of the alliance: Structure of partnership. Managing capability of the alliance: Effective management Again strategic alliance that correlates Vertical Integration could be in a form of Backward or Vertical Integration. Forward Vertical Integration Balance Vertical Integration. If analysis takes place on the first phase of KFC s journey, spatially from 1952 to 1971, then it projects the Forward Vertical Integration. As Harland Sanders has granted franchises to take home retailers, who was engaging in distribution. Again when Harland Sanders sold his business to Jack Massey and Jhon Young Brown, he remained in the strategic alliance as a Good will ambassador and public relation man for the company. As company policy Jack Massey and Jhon Young Brown were keeping up expanding franchises till 1971 that indicates the Forward Vertical Integration tendency of KFC on that particular period, so the main focus was on distributing the product through the franchises and optimizing the revenue. For comprehensive explanation and supporting the above statement that it was a forward vertical integration it is worthwhile to quote the definition of Forward Vertical Integration. â€Å"Forward Integration refers to development into activities which are concerned with a company’s outputs (that is, are further forward in the value system): for a car manufacturer, this might be distribution, repair and servicing. † Exploring Corporate Strategy: Text and Cases Johnson, G. , Scholes, K. and Whittington, R. (2005) 7th Edition, Financial Times Prentice Hall. Page:266 Vertical Integration always natured to establish a firm hold on distribution of its own product that influences its growth and maximizing its profit. So it could be termed as Vertical Integration take place in A company when it controls distribution centres and retailers where its products are sold. According to the case study by Jeffry A Krug KFC expansion during this forward vertical integration was outstanding as franchise was in its infancy at that time and selling own product through retailers was a challenge. The following effectiveness has been marked in the case study as a result : By 1960 Colonel Sanders had granted KFC Franchise to more than 200 take home retail outlets in United States: Start growing as a ready food retailer. He had also established a number of franchises in Canada: Penetration in cross border market step forward in growth. By 1963, revenue toped as $500 million: Increment in Profit range. Sold KFC to Jack Massey and Young Brown Remain as Good will ambassador as well as Public Relations man: Strategic Alliance made and strengthening furthermore the vertical integration. In 1966 KFC listed with New York stock exchange and go public: It shows that the firm’s core competence was outstanding on that particular phase and the SA management capability was in progressive action. That SA team bring KFC 2,450 franchises 600 company owned restaurant by 1971:They accountability, internal coordination and external visibility wise the Strategic Alliance through Forward Vertical Integration was in full positive platform. In brief the above Strategic Alliance was a success in regard of all measuring scale of a forward vertical integration starting from business growth to the well designed management capability and most prominent accountability that give the first driving boost to the fast food chain. Mergers And Acquisitions Several mergers and acquisition occurred for the purpose of growth as an fast food chain in KFC. The first merger and acquisition came in 1971 as Brown negotiated a possible merger with Heublein, Inc . The company was in totally different track so those two different entity formed sort of a third entity. It was vertically conglomerate business as the Heublein fails to justify the standard of KFC. With the acquisition of Heublain Inc by Reynolds Industries, Inc in 1982 initiates another merger for KFC and that was a vertically conglomerate policy too , finally when RJR acquired Nabisco Corporation a sort of strategic alliance came up through backward vertical integration . Because of Nabisco Corporation’s business were to serve consumer product and having a fast food chain on the fleet is a further replenishment in consumer centred food business. When Pepsi acquire KFC they already leave behind those products that doesn’t support their consumer product orientated nature of business and create a strong vertical integration system with its product line that includes soft drink, snack food and restaurant. They created a backward vertical integration as the entire products tent to complement each other and each one acted as a catalyst to the increment of sales rate to other. Vertical Integration exists when a company produces its own input (backward integration) Strategic Management: Competitiveness and Globalization, Concepts By Michael A. Hitt, R. Duane Ireland, Robert E. Hoskisson. Online Page:166 The effectiveness mergers and acquisitions through backward vertical integration could be analysed as bellow: Keeping all consumer food product (KFC+PIZZZA HUT+TACO BELL+SOFT DRINKS+SNACK) under one umbrella: variety of option to attract consumer attention, conjoint publicity and labour cost that logically less and maximizing profit. Much stronger hold on franchises: Maintaining standard, cutting labour cost in other word absorbing approach Appointing Pepsi Co Managers rather than KFC’s: Low’ autonomy; ‘High’ synergy Maximizing the sales of soft drinks: Optimize the base products sale. How ‘demographic trends’ and ‘restaurant acquisitions’ have helped KFC to maximise its corporate profitability through low-cost leadership, product differentiation, or market focus Demographic trends: Demographic trends like, rising Incomes ,family splits, increasing Women Employment late Marriage, American rescission in 1970 and fast food as cheap food option, increase the number of people eat outside their home and consequently it boost up the fast-food sells resulting in corporate profitability. Value added food Cutting off low marginal product Accepting vouchers, coupons Discount. Make the portion bigger to offset prise increase Offering two for one special Making Limited time offering. Use of technology These above options help KFC to maximise its corporate profitability through low-cost leadership. The growing health concern issue drive the fast-food industry to think about product variation so that they could attract more consumers and maximize sell. In case study of KFC by Jeffry A. Krug includes NRA statement that Other food items that were growing in popularity were include chicken, hot and spicy food, sometimes wraps and pitas, salads and espresso and specialty coffees. So product differentiation helped to maximize the overall sell and it resulted in corporate profitability. Case study:20 Kentacky Fried Chicken Page:911 By Jeffry A. Krug Cited in: De Wit, B. and Meyer, Strategy Process, Content, and Context International Perspective, 4th Edition, Thomson Learning. Restaurant Acquisitions Reach to large number of consumer One brand influences other to optimize sale of other. With changes of management strategic changes set innovation to product differentiation. For example PepsiCo after its acquisition initiate three pronged distribution of chicken, pizza and under one umbrella As Pepsi co was selling soft drinks and three different style food including KFC the reduce cost in marketing promotions, new restaurant set up and labour as they could sell all under one set up so it reduce cost and helped to gain low cost leadership. These features maximise profitability by increasing sales. Vertical integration through Sales Alliance as well as Merger and Integration helped the fast food industry like KFC to ride on its growth and make a bigger impact on consumer by give them diverse product under one corporate umbrella that causes mostly their corporate profitability. Task:3 Creating a Culture for Organizational Excellence Organizational culture focused on all kinds of privet , public, government organizations, it includes the collective behaviour of people who are part of those organizations and the Organizational Culture reflects the organizations beliefs and habits , , visions, values, systems, symbols, working language. It is also the settings of such collective behaviours and assumptions that are taught to new organizational members as a way of realizing, thinking and feeling. Organizational culture has an impact on the way the members of an organization interact with each other, with clients, and with stakeholders. Culture is also a set of more material elements or artefacts. These are the signs and symbols that the organization is recognized by but they are also the events, behaviours and people that embody culture. The medium of culture is social interaction, the web of communications that constitute a community. Here a shared language is particularly important in expressing and signifying a distinctive organizational culture. Oxford University Press Title: ORGANIZATIONAL CULTURE Available at: http://fds. oup. com/www. oup. co. uk/pdf/bt/fincham/Chapter15. pdf Date accessed:14/4/13 Organizational Purpose is often referred as organizational mission as well The mission tend to guide the actions of the organization, set out its overall target, provide way , and leave impact on decision-making. It provides the settings or frame work within which the companys strategies are formulated. The bellow figure describe the relation between organizational mission and purpose as well as the elements of organizational mission: De Wit, B. and Meyer, Strategy Process, Content, and Context International Perspective, 4th Edition, Thomson Learning. Figure:11. 2, Page:598 From the very beginning KFC‘s purpose or mission was to delivery quality food while doing business. For achieving this purpose colonel Sanders, The other purpose was to diversify the fast-food industry by introducing chicken as a substitute of Hamburger. KFC’s culture is largely connected to its quality controlled food and in its innovation. And KFC’s purpose is to spread the product so that it could gain more revenue . It took strategy like franchising when the idea of franchising was in its infancy to full fill the purpose. The above statement is indicating the KFC culture in which new companies that by different time acquire it or merge with it has to fit. KFC’s culture is interesting for many reason like its selling, marketing trends, its being highly quality conscious, and its changing management trends with each handover to different companies. For example Colonel sanders was highly concern about the quality of his product so he build a culture of being strict with the foods quality. And it is been maintaining till date. If we analyse the scenario after the sale of KFC to Heublein and R. J. Reynolds we got the evidence of Sanders being worried about the quality. Sanders began to complain of the companys declining food quality to the media. He point out several faults. That resulted in clash between him and Heublein and R. J. Reynolds. As a goodwill ambassador he tried to convey the quality ensuring culture of the company . Again Pepsi culture has got a clash with KFC culture, because of the alteration of KFC manager with Pepsi Co managers, and conflict between KFC and Pepsi Co corporate cultures created a moral problem within KFC. So the overall discussion shows that since KFC’s culture in itself was so strong and well developed that the other companies that joint with it has to adopt it’s culture or at least has to made some sort of correlation . The Ability Of KFC To Create A Culture For Achieving Organizational Excellence In Today’s Rapidly Changing Fast-Food Industry. Over the last 2 decades people became more conscious about their food habit and for a large number of variety people has several options. Over more if a company fail to hold its organizational excellence by providing better service, value added product, diversification in product selection then it soon lose its attraction and that results in closure of the company. KFC has established its own culture to survive and expand in today’s rapidly growing fast food market by ensuring things like service quality and adoptability in different demographic atmosphere. For example in current fast food market the most concerning matter is obesity. Scientist, nutritionist pointed their finger to fast food industry for the increasing problem of obesity. But Yum! Brands is taking initiative so that they could practice the best possible way to fight back in favour of their consumers. As ‘The Economist’ published ‘Jonathan Blum, who was appointed Yum! Brands’ chief nutrition officer in March, says he is systematically reviewing the company’s restaurant offerings for what he calls its three pillars: choice, transparency and nutritional content’ The Economist Food companies play an ambivalent part in the fight against flab Dec 15th 2012 |From the print edition Date accessed: 5/4/12 Available at: http://www. economist. com/news/special-report/21568064-food-companies-play-ambivalent-part-fight-against-flab-food-thought Local essence and non local corporate revenue gaining drive of first food industry comprise a critically strategic reciprocity in companies like KFC from the days of Colonel Sanders. The case study says that, more than 50 percent of KFC restaurant located outside of its mother country USA and it is fact that franchises made up most of KFC’s off-shore restaurant base. While globalising with a basic product like ready food localization is equally important when it is expanding on an international platform. And if we focus globalization versus localization of a Supply chain food retailer then certain strategies will come up as a driven force behind the process. Food retailers like KFC has gone through various strategic steps like merger, acquisition that sometimes vertically integrated to achieve its object of being global and being responsive towards local demographic trend. And they have practiced a remarkable culture that uplifts their organizational purpose over their journey. Apart from this its adaptation in different demographic trend, its value driven nature and its service providing standard reinforce KFC to achieve organizational success. KFC takes on account to integrate their activities to manage the pressures of Globalization versus localization. They emphasis a lot of their culture and strive through till date to pursue their purpose. Whenever they penetrate a new market they imply a outstanding strategy to hold the market. Several merger and acquisition link up KFC to big brands and with time it placed itself as a prominent global food brand that thrive in local basis as well.