Intellectual Property Law Master Essay Example | Topics and Well Written Essays - 2000 words

Intellectual Property Law Master - Essay Example For the purpose of identification of the source of goods or services, marks enable consumers to ensure expected quality. Further, marks help consumers to identify goods and services that meet their individual expectations. Additionally, trademarks ensure accountability and responsibility for in the absence of these, a seller's mistakes or low quality products would be untraceable to their source. Therefore, trademarks not only provide an incentive to maintain a good reputation for a predictable quality of goods but also make it essential to be responsible for the quality and price of the goods manufactured or sold. One of the main underlying purposes of trade mark law is to protect the owner's investment in the quality of the goods or services sold from dilution due to unfair competition and deceptive advertising by unscrupulous competitors. With the purpose of defining which goods or services a company has rights over, all goods and services in the world are categorised into 45 (formerly 42) internationally recognised categories. A trade mark registration will only be for some of these categories. Further, within each category the trade mark application must specify exactly which goods/services are claimed. For instance, most trade mark registries will not accept applications which try to claim all goods in Class 1. Trademarks must be Trademarks must be actively used and defended in contrast to other forms of intellectual property such as copyrights and patents. A copyright or patent holder may "sit on" his creation and prevent its use, but a company claiming (even registering) a trademark that fails to make active use of it, or fails to defend it against infringement, may lose the exclusive right to it. Further, if a court rules that a formerly trademarked term has become "generic" through common use or in other words the average consumer doesn't realize it is a trademark, it may also be ruled invalid. (Trademark, 2006). In the sequel the registrability of certain types of marks under the 1994 Trade Marks Act, including the grounds for their acceptance or refusal will be contemplated. One, the trademark smell of roses as applied to Rambling Rose Dolls. Amendment to the U.K. Trademark Act in 1994 has resulted in a number of scent registrations being issued in the U.K. These include the registration of the smell of roses as applied to car tyres (Sumitomo Rubber Industries Ltd., Registration No. 2,001,416). In addition, applications for scent marks in other European countries have also originated and the OHIM has permitted the registration of a trade mark comprising "The Smell of Fresh Cut Grass (Application No. 428,870) for tennis balls. This mark is also registered in Benelux (Registration No. 591,693). (Sarginson, Lloyd C. & Sversky, Lillian, March 29, 2000). Many a time the purpose of scents is to increase the attractiveness of products. However, it is highly unlikely that potential consumers will associate these fragrances with the product and hence it makes the task of establishing adequate distinctiveness on this basis difficult. In order to be registrable a s mell mark: 1. It must be established that the smell is either used or will be used as a trademark. 2. The smell is an additional component created by the manufacturer and does not arise from the goods or services. 3. The public either associates or will associate the smell exclusively with that

Describe the relationship between treaties and customary international Essay

Describe the relationship between treaties and customary international law - Essay Example On the other hand, treaties are deliberate agreements that create clear rights and/or obligations for the parties. Treaties are also referred to as convention, charter, protocol, covenant, pact, statute and concordat2. As far as customary international laws are concerned, peremptory norm (jus cogens) originate from principles of international/natural Law and surpasses all laws. Examples include those that govern international crimes such as slavery, mass evictions, torture, mass murders, aggression wars and criminal activities against humans. Peremptory norms and international customary laws cannot be interchanged. All peremptory norms become international customary laws after states adopt them. However, not all international customary laws are considered as class of jus cogens. States can move away from international customary law by creating treaties and laws, but peremptory norms are not derogable3. There are two elements that are crucial for formation of the CIL. These are the ge neral state practice behavior patterns and opinion juris, which is simply a legal expectation that certain point is appropriate. It is always a requirement that both elements coincide, as much as element two is the one that matters in practice. Opinio juris is gathered from the general legal expectations that are shared by humankind, and not some groups. It is worth noting that none of the two elements are subject to universal acceptance, yet CIL has a universal obligation for people and nations. Additional, no consents from nations is necessary but it seeks to align the international community. These features are reflected in various cases. In UK V. Norway Fishing case, UK suit Norway over its claims over exclusive fishing rights and control over expansive waters. The ICJ ruled that the claims by Norway were never in line with the international laws regarding water resources. In the Colombia v. Peru Assylum Case, ICJ made recognition of the Article 38 of the international court of justice statute comprising of general customs and local customs. Further stipulating that for customs to be proven they ought to have been uniformly and continuously executed. Countries that have an objection to international customary law may not submit to the laws unless deemed by peremptory norms. The ICJ statute recognizes the existence of international customary law enshrined in article 38(1)(b), which was incorporated by Article 92 of the UN charter4. Treaty and customary international law combine together for the benefit of general international law. Customary international law directly reflects state behavior and so it evolves naturally to meet the needs of the global society. Customary international law is flexible and it can be dynamic in nature. Customary international law rules may be unclear and they cannot be developed quickly. Treaties can clarify Customary International Law; for instance, the provisions of the VCLT codified CIL in this are of law. Treaties can develo p Customary International Law, for example, the provisions of the United Nation Convention on the Law of the Sea (1982) developed CIL rules relating to the Exclusive Economic Zone. Lastly, treaties can inspire new Customary International Law5. Although treaty and international customary law are regarded as different law sources, separating these two entities is not

Great Depression Impact on US

Great Depression Impact on US This investigation will investigate how the Great Depression affected the United States in their economy during the second half of the 20th century. This investigation will be conducted by first analyzing the involvement of the United States in their economy a decade before the Great Depression in order to provide an understanding of the state of the United States prior to the Great Depression. U.S. involvement in their economy will also be evaluated during the time period of the Great Depression to determine the immediate effects. Finally, the participation of the United States in their economy during the second half of the 20th century will be examined in order to observe the more long-term effects of the Great Depression. These three different time periods will provide an overall understanding of how events transpired and their outcomes. Summary of Evidence U.S. involvement in their economy before the Great Depression (primarily 1920s) Before the Great Depression, the United States was one of the many industrialized countries that followed the gold standard. The gold standard measured the value of a dollar. It enabled countries to conduct trade and exchange their products because everyone followed the same monetary system. In order to sustain the value of a dollar, countries had to follow the same system; however, as the Great Depression neared, countries began to leave the system of the gold standard because of various reasons such as possessing an economy that is unable to keep up with the system. For instance, after the First World War, Germanys economy was no longer able to continue on because of the debt that they owed. In the case of the United States, the Federal Reserve decided to sustain stability internationally rather than focus on the prosperity of their country.  [1]   U.S. involvement in their economy during the Great Depression During the 1920s and the beginning of the 1930s, there were two large groups who competed with one another in order to control the United States foreign economic policy.  [2]  The Hoover Republicans chose to support manufacturers who made up the relatively smaller and more moderately sized part of the manufacturers in the United States.  [3]  By doing so, they caused the government to neglect the larger manufacturers during the time of the Hoover administration; however, once the Roosevelt administration came into power, there was a change in the tariff policy. In 1934, the Congressed formed the Reciprocal Trade Agreements Act of 1934 in accordance to the needs of the Presidents Executive position.  [4]   U.S. involvement in their economy after the Great Depression The United States was having difficulty continuing to follow a monetary policy that followed a gold standard. Eventually, during the early 1970s, the country finally stopped following the gold standard. The United States was increasing their monetary policy at a speed that made them unable to follow the gold standard of the time. Soon, the United States was unable to internationally use gold anymore since they have deterred away from the gold standard. Essentially, abandonment of gold did not lead to expansionary monetary policy and inflation, rather, expansionary policy and inflation forced the abandonment of gold.  [5]   Evaluation of Sources The World Economy between the World Wars written by Charles H. Feinstein, Peter Temin, and Gianni Toniolo examine the Great Depression in relation to the financial crisis that is experienced by many countries across the world such as Germany, Britain, and the United States. Feinstein, Temin, and Toniolo examine the causes leading up to the Great Depression. They also examine the effects of the Great Depression and the improvement of the economy after it was hit by the Great Depression. The focus of this book is to further understand the interrelated financial issues among several of the worlds leading countries during the 1920s. Federal Reserve System: Background, Analyses and Bibliography by George B. Grey examines the Federal Reserve of the United States. The author focuses primarily of the institution referred to as the Federal Reserve. He breaks down the actions and non-actions of the Federal Reserve System which provides a comprehensive critical analysis on its causes and effects on the United States economy. This is a limitation because other institutions in the United States are not addressed as well. The author inserts many of his opinions and deductions throughout the piece. For example, Essentially, abandonment of gold did not lead to expansionary monetary policy and inflation, rather, expansionary policy and inflation forced the abandonment of gold.  [6]   Analysis U.S. involvement in their economy before the Great Depression (primarily 1920s) The actions of the Federal Reserve resulted in an increase of deflation and decline in the economy. Their actions demonstrate more concern held for upholding international needs before domestic ones. Before the Great Depression, the United States had entered the First World War in April of 1917. They had practiced isolationism until the United States could no longer stand by and watch on the sidelines any longer. This leads to the question of which is more important, supporting the country or supporting the international balance. After being exposed to the international issues that occurred as a result of the First World War, the United States felt as though they should support any international issues from the start of the problem before it escalades and ends up hurting their economy even more. U.S. involvement in their economy during the Great Depression Alterations to the trade policy were made in order to accommodate the executive power since the power of the president was expanding. Since this act was passed during Roosevelts presidency, the president was able to negotiate with other countries in order to reduce tariffs. The changes made from the Hoover Republicans to the Roosevelt Democrats resulted in an inconsistency of the government. During Hoovers time in power, he had allowed Congress to increase the rates of tariffs to points that could be dangerous to the United States. Roosevelt on the other hand had worked alongside with Congress in order to ensure lower tariffs by creating a trade policy that would allow so. By doing so, the barriers set to the United States trade would primarily be decided by the President. Overall, this inconsistency would negatively affect the United States economy because of the constant shift in policies. During this time period, the government actions towards the economy appeared to be indecisive . After the Great Depression hit, it was difficult for the one in presidency to determine the best strategy of recovering the economy. U.S. involvement in their economy after the Great Depression The United States switched their system of currencies since the current one no longer allowed them to conduct effective transactions. Many of the previous standards and systems that the United States had once followed no longer worked for them. The public primarily stopped using gold in 1933 which was about during the time of the Great Depression; however, it was not until 1971 and 1973 that the United States had finally ended any relationship it had with gold for good. A positive aspect of abandoning the gold standard was saving the country from following a system that their current state could no longer follow; however, a negative factor is that it made international business more difficult. This could harm the economy because it limits those that they can conduct business with. People are only able to conduct transactions when they provide the equivalent or sufficient funds which can only be conducted if all parties involved follow an international system of currency. Conclusion In conclusion, the Great Depression negatively affected the United States involvement in their economy. The Great Depression broke the confidence of the American people as well as their leaders. The future of their economy was unclear and shaky strategies were used in order to attempt to recover. After the Great Depression, the United States government sought to remove systems that did not work for them in order to protect the country from any possible complications that could arise in the economy. After the Great Depression, the United States were more careful in what could stay and what had to go. List of Sources Feinstein, C. H., Peter Temin, and Gianni Toniolo. The World Economy between the World Wars. New York: Oxford UP, 2008. Print. Grey, George B. Federal Reserve System: Background, Analyses and Bibliography. Huntington, NY: Nova Science, 2002. Print. Ikenberry, G. John., David A. Lake, and Michael Mastanduno. The State and American Foreign Economic Policy. Pastor, Robert A. Congress and the Politics of U. S. Foreign Economic Policy 1929-1976 McCormick, Thomas J. Americas Half-century: United States Foreign Policy in the Cold War and after.

The Health of College Students Essay -- college meal plans

Rob Geis, a current college student, explains, â€Å"A student is not at fault for unwanted weight gain. It is the college meal plans that cause the gain in weight. Many colleges require incoming freshmen to be on a meal plan† (Geis). Parents like the meal plans because they know their child is getting meals every day, but the plan does have its downsides. Geis believes that many students do not eat three meals every day. â€Å"If we don’t eat every meal we are given, we are wasting our money which was used to buy the meal plan. So, it is either gain weight or waste money† (Geis). This may cause the family of the student to get upset. The parents may reduce the student’s meal plan for the next year, which would make the student eat less. The student may then be at an unhealthy weight. This could cause tension between the student and his or her family. Students face physical and mental problems, and they need strategies to optimize their health. A student’s overall health in college involves many aspects. The physical health of a student plays a major role in his or her health. First, according to Malinauskas et al., â€Å"The ‘Freshman Fifteen’ could be considered an epidemic†. In a recent study conducted by Jung et al. and Whyshak explain that 90% of college students have heard of the â€Å"Freshman Fifteen† (qtd. in Carithers-Thomas et al.). A student can keep a healthy weight if he or she knows that knowledge. Also, a student may help his or her friends in keeping a healthy weight; eventually, lowering the average weight gained in college. In another study conducted by Graham and Jones, they report 59% of college freshman gain weight in his or her first year of college (qtd. in Carithers-Thomas et al.). This could lead a student to ... ...g/ehost/detail?sid=5fa0dcd2-8360-492c-9f47-06bd2115521b%40sessionmgr112&vid=1&hid=121&bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#db=aph&AN=51456646>. Merianos, Ashley, et al. "The Impact of Self-Esteem and Social Support on College Students' Mental Health." American Journal of Health Studies. EBSCOhost, Oct. 2013. Web. 19 Mar. 2014. . Dineley, Johnson. "College Health 101: How to Stay Healthy on Campus." Nation's Health. EBSCOhost, n.d. Web. 18 Mar. 2014. . Orender, Michael. Instant messenger interview. 23 Apr. 2014.

Animal Farm Essay

In the movie, I began to see examples of collectivism and individualism. For instance, in collectivism the group comes before the individual. The â€Å"experts† do all the thinking for the people. Which in this case, the pigs, Napoleon and snowball were the experts. They made the rules that the farm animals had to abide: all animals were equal, no animal shall be killed by another, no sleeping on beds or drinking alcohol ect. As the revolution went on, the animals helped one another,like we as people do in the everyday world. Napoleon soon felt as if snowball was getting in the way of his dictatorship and had him killed. Napoleon now became the leader, and even spread the word to other farms so other pigs could start the same revolution. The weaker animals were sacrificed the laws that were set soon changed, the farm animals became more and more like slaves , they ate less, worked dawn to dusk and no longer were equal. The law now was some animals were equal but some more than others. While the farm animals did all the hard work, the pigs got to sit back, relax and eat all the food for themselves. With that said, Collectivism is a lot like communism, the pigs had control of the farm animals, made the laws, even everything the farm animals made soon belonged to the pigs. It’s like how the world is today, part of the hard earned money and things we make go to the government. The government and the corporations are the pigs. On the individualistic side of things, in individualism the individual comes before the group. They only worry about their family and close friends. Towards the end of the movie, the horse was sold off and later killed, because he was no more use for the pigs. The donkey who is a close friend to the horse took that as a final straw and recognized what the pigs were really doing. Compared to individualism they fought with what they believed in. That no individual should work for pigs like them. That’s how it is with humans we fight with what me believe in.

Constitutional rights of prisoners Essay

They would use whippings and hangings, to public humiliation . Multiple prisoner where kept in crowded cells. One of the first correctional institutes in America was known as the Walnut Street jail. It was started in Philadelphia in the 1790. Prisons were meant to punish people who committed crimes. It was thought that by taking away ones freedom for committing crimes it would make them think twice about committing another crime when they were released. However by restricting them of their right to freedom violate their constitutional right? Should prisoners have rights while they are incarcerated? How do our prison systems refrain from making sure that prisoners’ rights are not being violated? Are the wardens and guards that run our prison systems doing all they can to ensure that our prisoners are being taken care of while keeping their own balance in their daily functions? There are many problems that are evident in our prison systems today that would make a person feel that a prisoners rights are being violated for instance the medical treatment of prisoners. It’s a right for a person to seek medical treatment however our inmates are not getting the treatment that they deserve due to the lack of doctors in our prisons and sometimes it due to the guards not wanting to give them the treatment because they feel they don’t truly need it. A prisoner is given a comprehensive medical and mental health exam within fourteen days of entering our prison system they are then examined periodically thereafter . Unless a prisoner has a dental emergency they are seen within one year of their admission into prison and annually thereafter. So as I was researching this I had to ask myself if they are being mistreated when it comes to the medical attention that they receive and my answer is no. Prisons don’t violate the rights of a prisoner to seek medical help they are actually being seen and treated more than most American are. Our prison system and jails have certain duties and codes that they must follow to insure the safety of our prisoners. A correctional facility should be safe and orderly and should be run in a fair and lawful manner. Imprisonment should prepare prisoners to live law-abiding lives upon release. Correctional authorities should facilitate prisoners’ reintegration into free society by implementing appropriate conditions of confinement and by sustained planning for such reintegration. A correctional facility should maintain order and should protect prisoners from harm from other prisoners and staff. Restrictions placed on prisoners should be necessary and proportionate to the legitimate objectives for which those restrictions are imposed. Correctional authorities should respect the human rights and dignity of prisoners. No prisoner should be subjected to cruel, inhuman, or degrading treatment or conditions. For a convicted prisoner, loss of liberty and separation from society should be the sole punishments imposed by imprisonment. For a prisoner not serving a sentence for a crime, the purpose of imprisonment should be to assure appearance of the prisoner at trial and to safeguard the public, not to punish. A correctional facility should be appropriately staffed. Correctional officials should implement internal processes for continually assessing and improving each correctional facility. A correctional facility should be monitored and regularly inspected by independent government entities. A lack of resources should not excuse treatment or conditions that violate prisoners’ constitutional or statutory rights. Governmental authorities should provide sufficient resources to implement these Standards. (Oxford 1995) They also have the sole duties of keeping are prisoners safe from any harm that they may encounter by doing the following. Each prisoner is entitled to humane and healthful living conditions; safety from harm, including protection from punitive or excessive force and protection from abuse by other prisoners and staff; freedom from staff harassment and invidious discrimination; freedom of religion and substantial freedom of expression; conditions conducive to maintaining healthy relationships with their families; opportunities to participate in constructive activity and  rehabilitative programs. We as American’s have constitutional rights that we all are protected from and a person who commits a crime against another person or society should be punished for it. Some of the punishments might be a little severe for the crime committed, but we do need to be held accountable for our actions. Our justice system is coming up with ways to keep petty offenders out of our prisons and by doing more policing in our cities is deterring criminals from committing crimes. Prison guards face numerous ethical dilemmas on the job. They need to be well connected to prisoners. An inmate may try to bribe them for better treatment or inmates may be abusive to guards for no reason. In both of these situations a guard must be able to treat all inmates equally.  They must be able to enforce prison rules firmly and consistently. This is something that should be done on a daily bases both while on duty and in his everyday life.

The Beet Queen essays

The Beet Queen essays On a spring morning in 1932, young children Mary and Karl Adare arrive by boxcar in Argus, North Dakota. Having parted and going separate ways Mary having gone to live with her aunt, while Karl goes on to explore and live on the wilder side. These children were orphaned in a most peculiar way; their mother took off in a plane with an airplane stuntman. Haunted by disturbing images of her mother, Mary seeks refuge and stays with her mothers sister Fritzie, who, with her husband Pete, run a butcher shop. This begins the forty-year saga. Ordinary Mary causes a miracle in her schools playground. Her brother Karl returns nearly 30 years later, being seductive and after fathering a child, he abandons his family, which includes his wife Celestine. Mary must fight over a course to win acceptance from Sita her lovely yet disturbed cousin. Wallace Pfef, a town leader plays an essential role as a father to Celestines child Dot, while bearing his own lonely secret. Together their story is a unique one relating to the magic of natural events and the unending mystery of the human condition. ...