Leadership Research Paper Example | Topics and Well Written Essays - 3750 words

Leadership - Research Paper Example suring the smooth flow of operations of the organization, among others. In order to achieve sustainable development, companies need to be conscientious of the environment and people they would exploit in the name of business. A healthy balance between attaining resources from the environment and the social and moral compromise it will have on the people affected should be struck. It should not come to a point wherein resources are abused without any attempt to replenish it for future use. Ways and means are thoroughly considered as to the sustainability of current developments and innovations of the organization. Wastage of time, effort resources and trust gained from stakeholders should be avoided as much as possible and a shared vision towards the achievement of goals should prevail among the members of the organization. ... They pride themselves of having taught other companies which has sustained its growth with their 20 years of Global leadership in their area of expertise. Just what does it take for companies to achieve sustainable development? In motivating a reluctant CEO of leading his organization towards sustainable development, I could refer him to the article of Costanza (1999) wherein the author painted four visions of possible futures of society. Showing the reluctant CEO the â€Å"Mad Max† version of a bleak and dreary future of consistent deterioration due to neglect and irresponsible decisions and actions of people could push him towards positive action. Unto his hands rest the future of the organization and the corresponding quality of life it will bring to his team and their stakeholders. Thus, he needs to get his act together, as he is burdened with a great responsibility. Costanza (1999) talks about technological optimism and technological scepticism. People should be hopeful o f the innovations brought about by technology and progress. One could not argue how the invention of computers and the internet has pushed man to the new millennium armed with great knowledge derived from such tools. Information and computer technology (ICT) has improved the way people do business, because it has made it possible to seal business transactions more conveniently and at a quicker pace. At the same time, people should be wary about the neglect of human resources and depletion of natural resources that technological innovations can cause. Such developments of technological innovations greatly depend on natural resources such as energy and by-products of nature for materials. It has been known that the abuse of the environment has caused humankind much devastation in

Implementing change Essay Example for Free

Implementing change Essay Managers are entrusted with a leadership role for an organization with an aim to set out objectives and create the right environment and effective techniques to meet those objectives. There are supposed to come up with creative ideas on the change needed in the organization and how that change should be implemented with minimal difficulties while at the same time reaping maximum benefits from the change. A manager’s role and responsibility in implementing change One major step towards achieving this is of course through having a very clear sense of goals. When the management is equipped with a clear sense of goals and objectives, then it will be possible for an organization or an institution to have a new direction. The manager is important at this stage. He or she is responsible for coming up with specific objectives and determining what direction the institution is supposed to take. It is imperative that the leader or in this case the manager learn to be patient because in many cases change demands patience. As a manager, one should be well informed on his or her team so as to have a good knowledge on which members can be best used. Banutu Banutu 2003) The task of management in times of implementing change demands good communication skills. One of the manager’s main tasks is relaying ideas, mission, goals, and objectives of the institution to the subordinates. It is therefore important that the manager is skilled in communication so as to effectively hammer the point home. Good communication skills are two way. The manager should also be a good observer and listener so as to understand any information or feedback that may be coming from the team members. Managers should also act as role models to their team by for instance setting an example of sacrifice. To make the process of change easier, the manager’s behavior should provide a model for motivation. He or she should be ready to listen to team members, respect them, delegate some powers to them, and assist them. Such characters and actions go a long way in motivating the team and elevating their interest to the task at hand. Team members are not only inspired with a mission but also motivated to initiate novelty and new ways of thinking. For a change process to be successful, the manager is supposed to build trust among group members and ensure that they think and work as a unit as opposed to working as individuals. The manager should be able to nurture intimacy among members, demonstrate self confidence, integrity, and honesty. He or she should be able to connect real life personal experiences with transformational requirements or behaviors of the institution. The manager should have a strong sense of involvement with the team and its activities. This way, the influence process becomes easier and more effective. It is imperative the manager fully understands the task ahead and relays that to the subordinates. This attribute should be coupled with high level commitment to the institution. Integrity and consistency are paramount in the change process if the laid down objectives are to be realized. (Banutu Banutu 2003) Handling staff resistance to change One of the most common characteristics in the change process is resistance towards change by members of the organization. Though resistance to change is mainly viewed negatively, it can have positive outcomes too. For instance, staff resistance can lead to a functional conflict. This sought of conflict stimulates a healthy debate among members and the leadership as well. Such a debate sheds light on the various faces of change and ultimately leads to a better decision in the end. Staff resistance though could act as a major obstacle to an organization’s pursuit to achieve change and progress. If the staff is adamant to change its mindset to fit and adapt with changing times, then the organization will experience difficulties adapting and achieving progress. Managers are supposed to come up with ways to deal with staff resistance and ensure that the staff is collaborative instead of the other way round. (Kelly 1992) Communicating with staff members is a significant step in dealing with resistance. The leadership should take its time in demonstrating the logic of change to the staff and get rid of any chances of misinformation or misunderstanding. As indicated earlier, involvement of the staff in decision making is a beneficial tactic in ensuring that staff members not only implement change but also feel as being a part of it. This reduces the level of resistance, increases the change quality of the staff, and achieves commitment from the staff. The manager can also provide individuals who can handle and manage change activities or act as one. The manager or the change agents can offer facilitation and support to staff members so the idea of change and its actual implementation can be easier and more understandable. (Holton 2003) Another method through which managers can avert potential resistance is through negotiation with the staff. The management can offer the staff something like a reward in exchange of lessened resistance. The manager should however be wary of blackmail because some staff members may take advantage of this and demand rewards in any event of a change process. When ‘clean’ strategies fail or deemed unreliable to avert staff resistance, the manager can use cooptation and manipulation techniques so as to achieve his or her ends. Making facts look appealing more than they really are and hatching force rumors can get the staff to accept change and actually look forward to its implementation. The personalities leading the resistance can be bought off by the manager by offering them important positions in the change process. They are made to feel as if they engaged in opposing change but in actual sense the plan goes unhitched. The last trick on the book is the use of coercion. The manager gives direct threats to the staff members and applies direct force. Other measures include transfer of members, demotion, poor letter recommendation, or outright firing. It is important that the staff understands they are not indispensable as the change that the organization is seeking is more important than an individual career. (Bass Avolio 1994) Steps of the change process The management with the collaboration and active participation of the staff should engage themselves in assessing the organization’s goals and objectives. There should be an extensive understanding of why the organization is taking the change path and how well equipped it is to actually implement its objectives. In the event that the management feels time is not ripe for a particular change process to be initiated, then it can be shelved until the right time comes. The management should put all facts on the table and analyze them before it starts to implement them. All possible scenarios to the process should be considered. In the planning process, it is important that the manager ensures that staff members fully comprehend the plan ahead of them. It is also important that staff members are to a certain level involved in the process. The reasons for using participation, as discussed earlier, is to gain the collaboration of the staff and reduce chances of resistance. Carrying out the actual change process calls for dedication from everyone involved. Any challenges such as staff resistance should be dealt with swiftly. During the evaluation, the management should go back to the aims and objectives outlined during the planning process. External evaluators should be invited so as to avoid any chances of bias. (Banutu Banutu 2003) Conclusion Only one thing is certain in any place and that is change. Organizations, just as human beings, are in a process of change. It is up to the management to ensure that this is change is to the positive. The modern world is characterized by cutthroat competition and there is no room for being stagnant.

JavaScript :: essays research papers

Within this report is information on how Java Script is used on the Internet. This report will contain information that will help you learn about Java Script and its uses on the Internet. It mentions what Java Script is, where it originated and what some of its uses are.JavaScript is a loosely typed scripting language that resembles the programming language C. It is designed to be an extension to HTML and is usually included within HTML scripts. Java Script is object-oriented and has block-structuring features. The main feature of Java Script is that it lets you build interactive web pages. Java Script allows you to respond to a user's input in the form of text, buttons selected, or mouse clicks, and can generate a response to the user's computer. Java Script originated from within the labs of Netscape Communications Corporation in 1994. It was invented so a computing language could build web pages and applications more effectively. When it first appeared it was thought that it was a new form of C, but later turned out to be this wonderful new language called JavaScript. There were skeptics that said the language was a dud and would never catch on, but now more people are learning Java Script then ever before.JavaScript is used within HTML tags so that the page setup in already present when the Java Script starts to run. There are many different uses for Java Script on the Net. It can be used to make mail forms that a customer or person trying to input information can use. The program will allow the user to input information, then it will automatically send that info to a designated email address with the click of a button. It can also be used to put a password on a certain web page; a user trying to enter the page must then input the correct commands and passwords to enter the page. Another command added to this code will make it so that if the user enters the wrong password the code will send them to a site of the scripts designers choice. Java Script is also a popular language for making simple interactive games like bridge and peg games. These codes can provide hours of fun! Java Script is used mainly on pages that need to allow users to enter information or choose from options on the page.

Weight Watchers Swot Analysis

Strengths * Brand Recognition * Patented Points Program * Science Based Approach/Clinically Proven Results * Multiple Support Options * History of successful Weight Loss * Multiple Payment Options * Flexible Meal Plans * Face to Face Support Groups * Located in 30 Countries and on the Web| Weaknesses * Slow Weight Loss * Costly over time * Successful weight loss is not typical| Opportunities * Science Driven approach can be a Medical Model * Affiliation with the Department of Education * Affiliations with Fitness Centers * Meeting the growing weight loss needs around the world| Threats * Strong Competition * Competitors new products and innovation * Surgical Procedures offering quick weight loss| Weight Watchers International is a Weight Loss Business that utilizes the philosophy of a Science-driven approach to help participants, also known as members, lose weight by forming helpful habits, eating smarter, getting more exercise and providing support.They target consumers who want to manage their weight through weight loss or weight maintenance. Their vision is to ensure Member satisfaction and retention by making Members feel cared for, well informed, part of the group and motivated to succeed. Weight Watchers has been around for 50 years and has developed their brand of providing weight loss services and products that make them a leading weight management service globally. The patented points program is based on a formula calculating the protein, carbohydrates, fat and dietary fiber content developed with consultation from a Scientific Advisory board. Each food is assigned a points value that reflects how the body breaks down food and converts it into energy.This Board is made up of world renowned medical experts to ensure that its weight loss plan is based on the most current scientific expertise. (Weight Watchers International) The Good Health Guidelines utilized by Weight Watchers are also recommended by the United States Department of Agriculture Center fo r Nutrition Policy and Promotion. (USDA) Weight Watchers offers a variety of support options to members who attend weekly meetings which are located in 30 countries around the world, weigh and go at store locations, attend meetings in their place of employment (At Work Meetings), or utilize the internet to participate in Weight Watcher’s services. Members are encouraged to share their struggles and successes.Struggles and successes are employed to motivate other members to achieve their weight loss goals by following the program and obtaining the proprietary tools offered for purchase. Members who reach their goal and maintain it for six weeks become Lifetime Members. Lifetime members maintain their membership by continuing to participate on a monthly basis. These members are free advertisements who attest to the success of the program. The meal plans are simple and the Points Plus system is very flexible. Each member receives a Daily Point Target (DPT) based on their height, weight, gender and age. The DPT represents the amount of food that each person should eat in a day.Foods that are low in fat and sugar tend to have lower point values and provide more volume to a meal or snack than less healthy options. Required foods are non-specific so the member is permitted to choose how they will consume required foods such as diary, healthy oil, and whole grains. All foods and drinks are permitted as long as the point value is calculated and accounted for when deducted from the DPT. Many members succeed in their weight loss efforts but not all members are successful. One of the biggest complaints of the program is that it offers slow weight loss. Our culture is one that appreciates immediate gratification. (The Associated Press, 2006) The competition offers much quicker weight loss methods.The success obtained by Lifetime members who worked for weeks, months and years to accomplish their goals is not nearly as appealing to the average consumer who is inundate d with quick fix fad diets. (Speri) Weight Watchers offers a lifestyle change that reduces food intake. It is not designed as a quick fix but instead is one that promotes healthy lifestyle changes that gradually accomplish weight loss. The consumer’s cost for Weight Watchers is very low compared to other weight loss programs or at least it appears so up front. (Sugar) There are no meals, shakes, supplements or bars that are required to be purchased in order to participate in the program. The food that you eat on plan is very much the same food that one could purchase in any grocery store or restaurant.There are multiple periods of free registration throughout each year and the weekly fee is nominal at approximately $13. 00 per week. The problem with this is that there are many hidden costs at Weight Watchers. The proprietary point system is unlike any other weight loss system. Successful members utilize food scales and measuring cups to weigh and measure their food, pedometer s and activity monitors to measure a person’s activity level, cookbooks, calculators and more. These products can all be purchased at lower prices from many convenience stores but they do not convert their information into point values the way that the Weight Watcher products do so many members purchase expensive Weight Watchers products to assist them with their weight loss journey.Additionally, the gradual weight loss concept requires members to attend for longer periods of time before they are able to reach a free Lifetime status. Lifetime members remain free if the member maintains their weight at no more than two pounds above their goal weight. Most people’s weight fluctuates regularly and fees are charged no matter what the reason for the weight gain. Weight Watchers has many opportunities to join with the medical profession to promote its science based plan. The Scientific Advisory Board that is hired to consult with Weight Watchers is made of Medical Profession als and the weight loss method is one that is promoted by most medical doctors even if they do not promote the Weight Watcher’s brand. USDA) The United States alone has determined that Obesity in America is common, serious and costly. (Fox News Latino) Weight Watchers has promoted a medical model for many years. An affiliation with the medical community would surely add value to the weight management scientifically based model that is currently promoted at Weight Watchers. The United States First Lady, Michelle Obama, has brought additional light to the obesity epidemic and the need for American’s to manage their diets. Her â€Å"Let’s Move† initiative has gained the attention of the entire country. Weight Watchers is a healthy living model that combines healthy foods with more activity.Teaming up with fitness centers, exercise centers and schools will accomplish more together than the weight loss community or the physical fitness community can do on its own. A true healthy lifestyle includes eating right and moving more. (Grain Foods Foundation) Our quick fix society is one that shows little patience for counting calories or points utilized by slower burning weight loss programs. The competition has now gone beyond that which offers diets where certain foods are limited or forbidden, and some are replacing them with pre-cooked meals that are very high in sodium. These programs, including NutriSystem, do not promote weight maintenance following the program but they do promote mindless weight loss.Those who follow this program do not need to think about what to eat or how to prepare it as all of the meals and shakes are prepared, frozen and shipped to the dieter’s home. (â€Å"NutriSystem: Lose weight with meals conveniently delivered to your home†) Many diet programs eliminate foods and replace them with supplements. The Atkins diet, for example, restricts the dieter’s ability to consume carbohydrates. This mean s that all sugars including fruits and vegetables are minimized or omitted from one’s diet. It is not in line with a medical model approach for healthy weight loss but it does promote quick weight loss. Unfortunately, this does pose a threat to Weight Watchers as the weight loss experience in such a plan does satisfy the quick fix needs of those who opt for these types of plans. Frazier) In an attempt to make weight loss quicker and easier, the medical profession has taken to providing surgical procedures that reduce the size of the stomach by removing part of the small intestine. This procedure is very risky to one’s health and has a tremendous amount of medical complications associated with it. It is however, one that does not require that a person who has had the surgery to persevere delayed gratification and behavioral changes that are required when one loses weight following a weight loss program such as Weight Watchers. (Staff) For many consumers, quick weight lo ss is far more appealing despite the potential negative consequences. References The Associated Press. (2006, May 28). Poll: Americans like instant gratification. USA Today. Fox News Latino. (2012, September 18).Obesity in America: Can it Get Much Wors? Yes, Advocacy Group Says. http: //latino. foxnews. com/latino/health Frazier, K. (2011, June 14). How much weight can I lose in a Month on Atkins? Retrieved from http://www. livestrong. com Grain Foods Foundation. (2012, May 15). The Key to a Healthy Body: Eating Right & Moving More. Retrieved from http://www. sixservings. org NutriSystem: Lose weight with meals conveniently delivered to your home. (n. d. ). Retrieved from http://www. dietsinreview. com/diets/Nutrisystem Speri, M. (n. d. ). Why Slow Weight Loss Wins. Retrieved from http://www. weightwatchers. com/util/art/index_art. aspx Staff, H. (2011, April 6).Weight Loss Surgery Health Center: Rux-En-Y Gastric Bypass. Retrieved from http://www. webmd. com/diet/weight-loss-surgery Sugar, J. (2011, August 29). How Much One Month of WEight Loss Costs. Retrieved from http://www. fitsugar. com/Weight-Loss-Program-Cost-Comparison USDA. (2013, March 7). Dietary Guidelines for Americans. Retrieved from http://www. cnpp. usda. gov/dietaryguidelines. htm USDA. (2013, March 7). Dietary Guidelines for Americans. Retrieved from http://www. cnpp. usda. gov/dietaryguidelines. htm Weight Watchers International. (n. d. ). History and Philosophy. Retrieved from http://www. weightwatfchers. com/about/his/board. aspx

Feasibility Study of a New Hotel in Moscow Essay

You have been contacted by the Chief Executive Officer (C. E. O. ) of the company to conduct some research into the opportmoduleies for hotel expansion in the developing nations of the world. The new C. E. O. believes that global expansion must be furthered. However, the C. E. O. wishes to update their knowledge of the differing nature of regional operations. They wish to reassess the characteristics of the regions with regards to potential investment. The C. E. O wants information from the different regions in order to: * Analyse & evaluate the profile of the hotel industry in a chosen region. * Compare & contrast the differences and similarities in the management of hotel operations in that region. * To gain a deeper understanding of the challenges that each region presents to the international hospitality operator. * To assess the relative merits of expanding in one district compared to another in that region. The C. E. O. ants you to â€Å"Evaluate the opportmoduleies for success for (any type of) hospitality expansion and assess the pitfalls that a potential investor should be aware of before entering the market of your choice. † The C. E. O. expects you to construct a report that demonstrates evidence of research, the use of academic theory and commentary of your findings. The report should outline the region you are investigating and highlight the salient issues that should be considered when developing in this region. You must prepare a strategy for development given the evidence you have provided and the argument you have constructed. There should be evidence of research and an extensive reference list to highlight the research you have undertaken when constructing this report. You must also prepare a verbal presentation based on the salient points of your report findings and attempt to recommend strategic options open to the C. E. O. Region chosen Russia Moscow Building a restaurant

Computers In Soceity Essays - Computer, Humancomputer Interaction

Computers In Soceity Essays - Computer, Humancomputer Interaction Computers In Soceity Dont know anything about computers? Dont think they are a big part of your life? Think again! Computers are wondrous machines that improve our lives in many areas like education, entertainment, and work.(Paragraph)The use of computers in and out of school has made improvements in the way we learn. For instance, the use of computers in the classroom has freed up some of my time so I can give more individualized instruction to the needy, says Instructor Mary S. Teachemall of a local neighborhood grade school is a definite improvement over not having computers as a way of learning. Also, college students having easy access to computers for various school related tasks like changing complete blocks of text on a term paper in a split second, using graphics to better express a particular point or idea, and being able to tap into the world wide web where vast amounts of information is at the fingertips of the user is a marked improvement from 10 years ago. Furthermore, the use of computers in the home has extended the hours we can learn at a higher level without the environmental pressures of school or work thereby improving the way we learn.(paragraph)Also, the use of computers has expanded our choices for entertainment. As an example, the all-American game of Monopoly can be played by a single person and a computer and the need for several people has been obsoleted is one way our choices for entertainment have been expanded. Another example of our expanding choices is that you can not only watch movies on DVD (Digital Video Disc) but re-edit them with your own sound tracks and special effects, listen to music on CD-roms, even manufacture your own cartoons or even your own movies all on a computer. Moreover, the ability of the computer to link a person with others from far away places where conversations without inferences are sparked and ideas are exchanged internationally is a popular selection for millions everyday as a choice for entertainment.(paragraph)I also t hink the working environment where computers are used is becoming more and more diverse. As an example, farmers have computers in their tractors hooked up to GPS (Global Positioning Satellite) systems that not only tell them where to spray their pesticides but are programmed to take care of the task for them as they drive along all because a digital image from a satellite some 23,000 miles away saw too many bugs in a certain part of one of his fields is very diverse. Another way diversity is becoming the norm is with the influx of wireless technology that has made it possible for mobile laptop computers to be linked up to a global network, not just for the mobile office, but for the person sitting on a beach on some south pacific island and still being able to attend a meeting in London England is diversity at the extreme.(paragraph)Computers are really fascinating and becoming more and more amazing everyday as they weave their way into our lives. Dont think you know anything about computers? You really do, without knowing it maybe you have been using them for a long time. Dont think they are a big part of your life? Without even realizing it computers have worked their way into just about every aspect of our everyday lives. From waking in the morning, to the food at the dinner table, to the movie afterwards, computers have influenced the way we live and will continue to do so for the foreseeable future.

Research Task 3 Essays

Research Task 3 Essays Research Task 3 Essay Research Task 3 Essay Research Task 3 Name: Institution: Research Task 3 With the Race to the Top Initiative (RT3), Georgia has currently adopted the Teacher Keys Effectiveness System (TKES) for teacher evaluation. TKES is an evaluation system widely used for evaluating the effectiveness of teachers, which allows Georgia to evaluate the effectiveness of teachers across its districts on common grounds. This further allows comparability as well as consistency of teacher performance evaluation across the districts. The system has three components that include, â€Å"Teacher Assessment on Performance Standards (TAPS), Surveys of Instructional Practice, and Student Growth and Academic Achievement,† (Barge,2012). All the components are used collectively to achieve an overall measurement for teacher effectiveness. The purpose of using this system includes performance evaluation, hiring, pre-tenured retention, granting tenure, terminating teachers and promoting amongst others. Georgia is using TKES for evaluating the effectiveness of teachers in order to e nsure the best quality education (Georgia Department of Education, 2012). The process involves the use of the three components to evaluate the effectiveness of teachers. The first component is Teachers Assessment Performance Standards. This component provides a qualitative method of evaluation that uses rubrics to assess performance of the teacher according to laid performance standards. It uses performance appraisal rubrics that rate the performance of each teacher. The rubrics define the expectations and purposes of teachers, providing an effective instructional practice (Barge, 2012). The goal of this component is ensuring continuous development and growth of teachers through monitoring, analyzing as well as applying relevant data compiled through feedback. The other component is Student Growth and Academic Achievement consisting of a student value-added measurement. It makes use of student learning objectives and achievement growth measures identified by the district. The student learning objectives are determined at each district using the SMART criteria for setting objectives with specific content and measurable grading levels. Achievement of these objectives indicates the success of a teacher, hence exceptional performance. The teachers are further required to implement strategies aimed at achieving these objectives as well as monitoring student progress towards achievement of the set objectives (Georgia Department of Education, 2012). After assessment before the start and towards the end of a term, the teachers are required to submit Student Learning Objective Forms that are completed to the evaluators. From rubrics provided in the previous component, the teachers will be graded as either exemplary, proficient, needs development an d ineffective. The final component is the Surveys of Instructional Practice that requires students to report on items experienced directly. The questions used in these surveys will consist of questions addressing four performance standards of teacher within the TAPS component. These levels include instructional strategies, challenging academic environments and a positive learning environment. The students will respond to the questions on teacher performance from their experiences within the classroom. The surveys will make use of certified specialists to conduct the surveys that will then be graded to assess the effectiveness of each teacher. As aforementioned, evaluation of teachers or the TKES in Georgia has many purposes including termination of ineffective teachers (Barge, 2012). The main purpose of an evaluation is determining the effective and ineffective teachers. Those that are ineffective in every possible way would add no value to the students considering that student achievement is heavily dependent on the teacher’s competence. Using the TKES, the termination of a teacher will follow the usual legal and due process. However, the TKES will be used to determine teachers who are incompetent and ineffective. Upon their recognition and lack of improvement, the evaluators and other members involved are supposed to sermon the teacher for a hearing considering there are legal rights involved when it comes to termination including notice. Therefore, evaluation of a teacher using the TKES can as well act as a process of identifying teachers who can be terminated due to their incompetence. Georgia has adopted this method of evaluation in order to ensure improvement of student achievement. Each component of the TKES seeks to measure the effectiveness of a teacher. It is a known fact that teacher effectiveness is extremely crucial for student achievement. Improving school performance as well as making education reforms not only requires better facilities and curriculums, but also effective teachers to implement it (Barge, 2012). Therefore, Georgia is using the TKES to differentiate between effective and ineffective teachers with the aim of improving higher academic achievement levels in its students. References Barge, J. D. (2012). The Teacher Keys Effectiveness System. Georgia Department of Education Teacher Keys Effectiveness System Fact Sheets. Georgia Department of Education. (2012). Teacher and Leader Effectiveness. Retrieved from doe.k12.ga.us/School-Improvement/Teacher-and-Leader-Effectiveness/Pages/default.aspx

Valentines Day Essay

Valentines Day Essay Valentine's Day Essay Valentine's Day Essay This is a free sample essay on Valentine's Day. If you need custom assistance with Valentines Day essay writing, do not hesitate to request professional help of our essay writers! Let our writing experts help you with writing your unique, interesting, and original Valentines Day essay especially for you! Our writing services are legal, safe, and reliable! It happens around this time every year. We men undergo a transformation. This transformation is not by choice. In fact, we have no say in it whatsoever. It's the time of the year when the women in our lives transform us from ordinary guys to Valentines. It's the time of the year when we start to look a little better, our annoying hang-ups become cute idiosyncrasies and our previous miscues are forgotten in the eyes of women. It's the time of the year when we have a little more potential, the kind women say they can work with. And it's the only time when women say they like us just the way we are.Whether you know it or not, you're in somebody's sights, you're on some woman's short list of potential Valentine's Day dates. It could be the new woman in your office, the lead singer in the church choir who always manages to look your way sometime between the halle and the lujah, or the checkout girl at the convenience store who always gives you too much change, but she is so cute that you give it back to her because you don't want her to get in trouble. Indeed, Valentine's Day is upon us, and the pressure will be on all Brothers to do right by their lady. But there's no need to fear it, no need to try to hide out until it's all over.Where many of us make our mistake is in thinking February 14th is the sole day of the year to be romantic. When, in fact, Valentine's Day should be embraced, welcomed with open arms each year as the culmination of being thoughtful and considerate, imaginative and sincere during the previous 364 days of the year.So you say you're not the romantic type? Well, I'm here to help. Start with these nine imaginative things you can do all year long to assure yourself a place in your lady's heart before, on and after Valentine's Day.* Talk to her. Having a woman fall head over heels in love with you starts with the realization that, for women, love has more to do with emotions than with physical traits. So don't always start off in fifth gear, don't get stuck on sex talk all the time. Talk about other topics of mu tual interest. Talk about her job, your job, world issues. But in order to talk, you have to have something to talk about. Stay abreast of current events. Work on adding a little substance to her style.* Sweet-talk her. Leave a trail of chocolate kisses from the front door to the bedroom, right up to the bed. Leave a note on the bed that reads I kiss the ground you walk on.* Write to her. Write a love note or poem on a piece of paper and then cut it up into puzzle-like pieces. Send one a day to her.* Kiss her. Spend one solid hour exploring various kissing techniques. And every now and then, surprise her with a kiss before she can finish a sentence.* Praise her. Tell the world how great she is. Build your lover a Web page expounding your love for her. Mention special moments and add some photos. Surf the Web with her one day and just stumble upon it. Or have someone send her an anonymous e-mail with the link inviting her to the special page.* Surprise her. Before she takes a shower, write the words I love you with your finger on the bathroom mirror. It will magically appear in the condensation as she showers.* Flirt with her. Flirting is a basic instinct, a part of human nature. Ask her how she's doing. Talk to her with an open mind. Listen, really listen, to her. Laugh at her jokes. Make eye contact. But not just eye contact. Hold it a second or two longer than you normally would. Compliment her routinely. Brush the lint off her jacket. Touch her hand in the midst of sharing a laugh.* Pique her curiosity. It should be your goal to always leave your lady wanting more. Put a single red rose on the seat of her ear before she goes to work. On that day at work, she'll think about how great you are all day long. On occasion, play romantic games with her. Take a picture of yourself in the sexiest outfit possible. Hide it in a secret spot in your house and leave her clues on how to find it.* Take her for a ride. Put a blindfold on her and drive to a place where you h ave a blanket, candles, strawberries, sparkling drinks, and a rose.If you follow these simple tips, you're practically guaranteed to have a Valentine's Dayand a lasting romanceto remember.

Correlations in Gold, Oil and Dollar Value index Essay

Correlations in Gold, Oil and Dollar Value index - Essay Example Where oil is the need for global economics, same is the case with gold being the need of every central bank of the world to buy gold in exchange of providing the open market with more currency and to balance trade imbalances in international markets. The US Dollar is no doubt the major player in the world regarding trade and forex exchange, but it is gold and oil that counter the weight on the other side of the global trade seesaw (Zvi Bodie; Alex Kane; Alan J Marcus, 2005). The correlation of gold and dollar is a years old tradition for investments and a leverage to control currency devaluation. Investors around the world generally use gold as a tool to control the economic activities that go around the country and in international market. However, the main roots of gold standard for currency started with the beginning of central banking system. The correlation between gold and dollar can be understood by a simple fact that when there are more cash currency in the market, the people will be able to buy more precious metals. Gold being one of the most precious metals in the world and used as an investment, people always try to convert their cash into gold for better returns in the future. More paper currency at the disposal of the people will mean that the worth of that currency is low and people are able to buy more gold from that therefore causing the currency paid to get that amount of gold to rise. This means that dollar and gold have an inverse relationship. The market works more on the supply and demand system. The gold has been the center of attention as a precious metal since times immemorial and always in demand. Although there has been a lot of mining on the gold throughout the world but the demand never ceases. Just like any business, where people invest to get better returns with the expectation of the business to grow, gold has proven tendency to grow in cost over time. More currency in the market results in lesser gold available for purchase becau se of rise in competition therefore higher the price of gold (Ambrose Evans-Pritchard, 2010). The price of oil in the international market results in inflation because of rising prices for production and transport therefore negatively effecting the price of the dollar. The price of dollar is affected because the consumers are not able to buy the products that are available in the market therefore demanding more currency in exchange of the products therefore decreasing the value of the currency. As the amount of oil production is reaching all time high and with the rise in industries resulting in increase in the demand of oil, the major oil consuming countries like USA, China and India have started to store oil as reserves. In exchange, these countries give out dollars to the oil producing countries, putting the same inverse impact as gold has on dollar. USA being the largest consumer of oil in the last 30 years, consumes almost 25% of the total oil production that is being drilled i n the world to support the mere 5% of the global population. In return to get more oil, not only to use but for keeping it as reserves, the Americans are pumping dollars into the accounts of oil producing companies, therefore tilting the trade balance in their favor. India and China followed by many European countries follow the same lead therefore keeping the demand of oil on a consistent

Legalization of Marijuana for medical use (persuasive research paper ) Essay - 1

Legalization of Marijuana for medical use (persuasive research paper ) - Essay Example As Sages has it: â€Å"If you think legalizing medical marijuana would be a Reefer Madness-style catastrophe for society, dont tell Oregon grandmother Stormy Ray. For Ray, who was diagnosed with multiple sclerosis in 1985, Oregons legalization meant something entirely different: Instead of being forced to use a harsh, legal medication-one that left her in a constant haze-she can now gain pain relief much more easily. Medical marijuana, she says, ‘has literally saved my life.’† (Sager 1999, np) That is why, even though the legalization of marijuana for medical use has such obvious disadvantages as the emergence of side effects from its use, many researchers claim that marijuana should be fully legalized as doctors can use it as painkillers and antiemetic, it has excellent quality/price ratio, and its full legalization will bring additional money to the budget. Marijuana can help people suffering from depression or migraine. However, marijuana has its side effects: e.g. the patients who are taking this substance are not recommended to perform tasks demanding particularly focused attention because they are likely to have coordination problems and slow reaction. Whereas many people get into the state of euphoria after taking marijuana, others might feel panic or experience hallucinations. Notwithstanding these possible side effects, the use of marijuana for medical purposes can be justified because marijuana can effectively be used as a painkiller and antiemetic, and its value for money is excellent and much better than of many other drugs. On the other side there are people who object to the legalization of marijuana, even for the medical purposes, and they claim that the legalization might result in an increase in the number of drug addicts. It is not a secret that some of those people who are addicted to cocaine, heroine or other â€Å"heavy† substances began as merely marijuana smokers. It is important to consider how the legalization of

TMJ syndrome Essay Example | Topics and Well Written Essays - 500 words

TMJ syndrome - Essay Example The arterial blood supply of the temporomandibular joint is mainly from the superficial temporal and the maxillary arteries. The venous supply is by the corresponding arteries. The nerve supply of the joint is derived from the auriculotemporal nerve and the masseteric nerve. The movements of the normal joint include forward movement of the mandible, side to side movements which occur while eating food, lowering of the jaw for opening the oral cavity and then subsequently elevation of the joint for closing the mouth. There are around 35 million cases of this condition in the United States. The condition is known to have a greater predisposition towards women with the females being more affected than males with this condition. TMJ syndrome has been associated with many diseases which include inflammation of the joints of the body as well as hormonal problems and the pathology also has a hereditary component and hence genetic factors also tend to play a role. It is also associated with trauma which may result due to accidental injury or as a result of punch to the mandible. Accidental injury may be due to not wearing helmets or putting on the seat belt while driving. The symptoms associated with the injury include severe pain in the jaw which may also present with pain in the face and the neck. The movements of the joints become limited and it becomes increasingly difficult for the person to talk as well as move the jaw.

Place, Promotion and Price Strategies ZTE Computer Tablet Market Entry Research Paper

Place, Promotion and Price Strategies ZTE Computer Tablet Market Entry in the US - Research Paper Example â€Å"According to leaked screenshots leaked by an Amazon source of its internal inventory management system Alaska, and published by Cult of Android, the Kindle Fire is on its way to outselling even the Apple iPad† (Barbara, 2011). Kindle Fire’s Tablet recent robust performance in the market is a positive development in marketing computer tablet in the US because it demonstrates that Apple’s Ipad is not invincible to the competition as initially perceived. This is an encouraging development for ZTE because it manifests that given with a right product and strategy mix, it is possible that ZTE can outsold Apple’s Ipad. This development tells that ZTE’s aggressive marketing objective in 2015 is realistic and doable. ZTE is not new in the U.S. market. It currently sells smartphones, feature phones, modems and devices within the U. S. market and has worked with U.S. carriers like AT&T Inc., Verizon Wireless, Sprint Nextel Corp. and T-Mobile USA (Khariff, 2011). In terms of brand recall, ZTE is no longer a stranger to American consumers. Such that when it introduces its tablet computers in the American market, it already has brand awareness where it can capitalize to gain more market share. ZTE Corporation is the second largest manufacturer of mobile phone gear in China. Being such, it has the advantage of scale to be able to sell its products at a lower cost. In contrast, Apple Inc is only the fourth selling computer brand in its own domestic market (America) dominating only the computer tablet market segment. This leading position is even currently threatened by Amazon’s Kindle Fire Tablet’s recent robust sales performance. ZTE also had a successful launch of its tablet outside the U.S., offering global tablet markets Google Android based tablets, like the one used in the Kindle Fire and Samsung Galaxy Tablet (Khariff, 2011). Considering these factors in competition, the possibility that ZTE’s inexpensive product offerings will establish them as the tablet PC market share leader by 2015 as predicted by TechGadgetWeb.com (2011). ZTE however has to employ the right marketing mix to successfully penetrate the US market and become a market share leader by 2015. To be able to employ the right marketing mix, it is necessary to elaborate the aspects of marketing mix which are; Table I Place Distribution and retail channels, online presence, geographic considerations, public appearances and performances (also an aspect of promotion), and delivery Promotion Marketing materials, initial offerings, social media /internet, press and PR, advertising, relationship marketing and public appearances and performances Price Market penetration goals, competition, customer buying power, regional and segment differences, current economic conditions (Source: www.businessmate.org) Place For ZTE to successfully enter the US market, ZTE has to capitalize on its existing marketing channels. Currently, it has a partnership with five majore carriers in the US that includes Verizon, the dominant US mobile phone carrier. Capitalizing on the existing network of this mobile phone carriers provides ZTE an easy penetration in US the market. The major carriers in the US has an established marketing network that makes it ideal for a new entrant like ZTE as a place of distribution for its products. ZTE’s exposure to Verizon and other mobile phone carr

Critique of any Psy article Essay Example | Topics and Well Written Essays - 500 words

Critique of any Psy article - Essay Example The first hypothesis examined the improvements in children’s drawing performance with increase in age. The second hypothesis tested the following pattern of metacognitive experiences with drawing performance. Further, children’s feelings before and after the drawing was also hypothesized. Finally, the fourth hypothesis tested metacognitive experiences development with respect to type and complexity of drawing tasks. A total of 222 preschool and primary school children between the ages of 4-12 years participated in conduction of the research. Out of the 222 selected children, 40 were preschool and 69 were second grade, 65 were fourth grade and 48 were sixth grade children with equal gender representation. Testing involved completion of four drawing tasks conducted individually in their respective schools. Children were provided with white sheets and a pencil, and asked to draw two simple topics of choice and two scenes in which one object was occluded by the other. Metac ognitive experiences were measured by rating of a four point scale before and after each task. Around 90 to 96 percent of agreement existed between the two judges marking the scores. ANOVAs were applied to compare the differences among the hypothesized subject groups. The research results concluded that age has significant effects on overall drawing performance of children.

Do Entrepreneurs have Taits or Cognitive Biases that make them Essay

Do Entrepreneurs have Taits or Cognitive Biases that make them different from other Individuals - Essay Example It is hard to specify a personality pattern for the entrepreneurs. Probably, the varieties of personality among the entrepreneurs are just as many as the number of entrepreneurs. However, there are certain characteristics that are common in most of the entrepreneurs. â€Å"[E]ntrepreneurs are business creators that are characterized by the following cognitive aspects: they have a creative and knowing cognitive style, use intuition to make decisions, develop expert scripts, are self-ef?cient in the perception and development of opportunities, create an innovative environment, cope with unexpected challenges, develop investor relations, de?ne business goals, develop human resources, and are prone to innovation and risk taking† (Sanchez, Carballo, and Gutierrez, 2011, p. 436). Research conducted by David McClelland revealed a distinct cluster of personality traits typical of the founders of companies that exhibited rapid growth. McClelland found a high need for achievement among these entrepreneurs. The growth-oriented entrepreneurs have a strong need to succeed and accomplish tough tasks. These entrepreneurs derive the desire for independence from the very desire for achievement. Their need for achievement makes the growth-oriented entrepreneurs to keeping moving from one firm to another. They need constant recognition. Growth-oriented entrepreneurs are very articulate in their manner. They have a low need to conform. This means that although they listen to others, yet they are able to do as they wish. They may go out of the way to do a thing if they consider it right. These entrepreneurs normally work for anywhere between a sixty to eighty hours per week in order to achieve their goals irrespective of the amount of stamina it requires. Growth-oriented entrepreneurs accept risks. The risk involved in the work is too little as compared to the courage and confidence, and the need for achievement of these entrepreneurs. These five personality traits i.e. high need for achievement, low need to comply, persistence, high level of energy and immense tendency to take risk can be condensed into four basic attitudes that are typical of the successful entrepreneurs. These four basic attitudes are optimism, commitment, focus, and drive. Entrepreneurs are generally very optimistic in their approach of thinking and are opportunists (Keh, Foo, and Lim, 2002). The very optimism helps them deal with failures in the rational way. They are confident about the rightness of their cause. Entrepreneurs generally have an external locus of control. â€Å"The concept of locus of control refers to a generalized belief that a person can or cannot control his or her own destiny and individuals are classified along a continuum from very internal to very external† (Oben et al., 2011. p. 112). Pessimists consider failure a consequence of their personal mistakes and think that it would last long whereas optimistic entrepreneurs consider that failure occurs fr om a cause that is beyond their control and that it is short-lived. One of the most fundamental personality traits that entrepreneurs require to succeed is commitment. A business is not made successful overnight. It might take years for a business to reach a level wherein the entrepreneur can become successful. In the time that is spent in between, the entrepreneur

Critique of any Psy article Essay Example | Topics and Well Written Essays - 500 words

Critique of any Psy article - Essay Example The first hypothesis examined the improvements in children’s drawing performance with increase in age. The second hypothesis tested the following pattern of metacognitive experiences with drawing performance. Further, children’s feelings before and after the drawing was also hypothesized. Finally, the fourth hypothesis tested metacognitive experiences development with respect to type and complexity of drawing tasks. A total of 222 preschool and primary school children between the ages of 4-12 years participated in conduction of the research. Out of the 222 selected children, 40 were preschool and 69 were second grade, 65 were fourth grade and 48 were sixth grade children with equal gender representation. Testing involved completion of four drawing tasks conducted individually in their respective schools. Children were provided with white sheets and a pencil, and asked to draw two simple topics of choice and two scenes in which one object was occluded by the other. Metac ognitive experiences were measured by rating of a four point scale before and after each task. Around 90 to 96 percent of agreement existed between the two judges marking the scores. ANOVAs were applied to compare the differences among the hypothesized subject groups. The research results concluded that age has significant effects on overall drawing performance of children.

Why Science and Theologians Should Work Together Research Paper

Why Science and Theologians Should Work Together - Research Paper Example Theology refers to the logical and rational study of religion and its power. It also refers to the study of the nature of religious truths, or the academic profession acquired by completing education in religious studies (Cobb 1). Theology can be studied in seminaries, universities or school of divinities. â€Å"The aim of Science is accepting legitimate relations amongst natural phenomena. Religion refers to a way of living within a bigger framework of sense† (Thyateira 1). This paper will research on the reasons why scientists and theologians should work together and how they are compatible. The article will also research on the similarities and the differences between science and theology. Finally, it will show how science and religion can both function together to be productive. In recent use, the term science regularly refers to the means of tracking knowledge, not only the knowledge taught itself (Cobb 1). It is often taken to be equivalent to physical and natural scienc e (Friberg 1). It is, thus, limited to those branches of study that involve the occurrences of the material world and their principles, occasionally with indirect exclusion of pure mathematics. Augustine of Hippo referred to theology as a discussion concerning or reasoning about God (Thyateira 1). Richard Hooker referred to theology as the science of divine things. The phrase can, however, be applied in a variety of diverse disciplines or forms of discussions. Theologians use diverse forms of argument and analysis to help appreciate, clarify, experiment, critique, promote or defend any of the countless religious issues. These diverse forms of analysis are spiritual, philosophical, historical and ethnographic topics among others (Thyateira 1). Why Scientists and Theologians Should Work Together Theology has two pedigrees. One was the religious beliefs of the inhabitants of Israel as arbitrated to the Gentile world through Jesus and His apostle Paul. The other was the complicated thou ght of the Gentile world, expressed in the Greek beliefs. In contrast with the current era, the sciences are still immature (Cobb 1). But such as it was, they were markedly integrated into beliefs. Hence the exploitation of Greek beliefs was also exploitation of Greek science. Science should reflect on what the Bible suggests because it is all about understanding the future. Scientists have to reflect on the dependability of religion. Studying the Bible will enlighten them on end-time procedures and what they can anticipate. The precise date when these events start is indefinite. In Christian theology, the term rapture refers to the period that Christ will take His followers to Heaven, both those who had passed away and those who are alive. â€Å"Science refers to an attempt of appreciating creation. Biblical belief entails our relation to the Creator. Since we can study about the Creator from his creation, religion can study from science† (Hairston 1). The discussion is comp lex since some theologians referred to as Pre-millennialists claim that the rapture will be carried out before the tribulation. Mid-point theologians believe the rapture will take place at the midpoint of three and half years, and post-millennialists believe that it will be after the millennium. There have to be joint trust in merging their disparities in genuine faith. Bible teachers deem that Christians have the bigger corrections to craft. Some scientists are atheists. Most of them want the truth to triumph and are prepared to believe Biblical affirmations only if they do not infringe on confirmed science. Scientists should observe how God has performed his work in the past to find out how he will function in the future. God is consistent (Cobb 1). If people study accomplished prophecies, they will get confidence when they

European Union Trade Law Essay Example for Free

European Union Trade Law Essay Introduction Counterfeiting, piracy and infringements of intellectual property rights are very frequent in the European Union[1]. These take place all over the world and pose a grave danger to national economies and governments. The success of such activities is due to the counterfeiters’ greed for money and also the increase in demand due to consumer ignorance, which makes them prefer these lower cost imitation products[2]. The European Internal Market is characterized by national disparities in the means of enforcing intellectual property rights and counterfeiting, piracy and infringements of intellectual property rights takes advantage of this. These disparities determine the place where counterfeiting and piracy activities within the Community are carried out. The implication of this is that counterfeited and pirated products are manufactured and sold more in those countries which are less effective than others in dealing with counterfeiting and piracy. Therefore this has direct consequences on trade between the Member States[3]. It also has a direct effect on the circumstances controlling competition in the Internal Market. The result of this is that it leads to diversion of trade, distorts competition and creates disturbances in the market. The variation between the systems of penalties, in different nations, creates difficulty in effectively tackling the problem of counterfeiting and piracy[4]. It also results in the problem of improper functioning of the Internal Market. Further, it leads to loss of confidence in economic circles in the Internal Market, resulting in a reduction in investment. Moreover, in addition to the economic and social results, counterfeiting and piracy also hinder consumer protection, particularly in respect of public health and safety[5]. Increasing use of the Internet has enabled pirated products to be distributed very quickly around the globe and last but not the least; this phenomenon seems to be increasingly associated with organised crime. Fighting this trend is therefore very important for the European Community especially when these illegal activities are carried out for commercial purposes or if they result in considerable damage to the right holder. The situation is especially acute in respect of the music industry[6]. Counterfeiting and piracy have resulted in continual and increasing harm being done to business in the form of lower investments and closure of small and medium enterprises; to society by way of job losses and decreasing consumer safety and threat to creativity and governments due to loss of tax revenue. In the case of the   Ã‚  Ã‚  cultural (music, films, videos CDs, DVDs) and software industries the situation has been made worse by the easy access to a global market via the internet[7]. Quite some evidence has been obtained that reveals that counterfeiting and piracy are becoming increasingly linked to organised crime and terrorist activities because of the high profits and the comparatively low risks of discovery and punishment[8]. Reason for action at the EU level At present, as far as legislation in respect of the enforcement of intellectual property rights is concerned, there are important differences in the Member States. These differences are being exploited by Pirates and counterfeiters by carrying out illicit activities in Member States where enforcement mechanisms are applied less effectively. It is hoped that the proposed Directive will reduce counterfeiting and piracy, by reducing differences in national legislations across the EU and by directing Member States to implement tougher sanctions and better remedies against infringements[9]. Intellectual Property Rights or IPR, infringement takes place in most types of rights and virtually any product that can be pirated or counterfeited[10]. It is usually assumed that piracy and counterfeiting take place mainly with regard to some luxury, sports and clothing brands, music and software CDs/DVDs. The reality is otherwise and virtually every IP is being violated at a significant level and that the diversity of fake products is vast, with large software producers as likely to be harmed as small producers[11]. Copyright – Piracy is widespread in all formats with particular focus on digital media, from CDs to VCDs, to DVDs. Further, illegal digital distribution of films, music, pictures, texts and software over the Internet is extensive[12]. Trademarks – Counterfeiting takes place in respect of almost all the products and there fake clothes, footwear, leather goods, watches, toys, cigarettes, pharmaceutical products, car parts, electronic devices, etc. In some countries former business partners continued to use trademarks or designs of the right holders even after the partnership had ended[13]. Technical designs – There have been infringements in respect of design over a vast and diverse range of products like, spectacle frames, wine glasses, sliding doors, textiles, etc[14]. Patents – Many reports were submitted regarding infringements on pharmaceutical products, electrical domestic appliances, industrial machinery, etc[15]. Geographical Indications – In some countries the registration by local producers of trademarks of geographical indications originating in Community Member States is permitted[16]. Data protection –   A number of instances where partial or total lack of protection in respect of information given to national authorities, while lodging patents or during the registration of pharmaceutical products   have come to light[17]. Certain countries like China, Korea, Russia, Turkey, Taiwan, etc, are undoubtedly large scale producers of pirated and counterfeit goods. A major part of their production is exported, however, if there is a large domestic market, part of the production is used for domestic consumption. In developed countries, Uruguay, Brazil, etc, a large number of fake goods is imported. Another category of countries exist, which serve as points of transit for fake goods distributed by international networks[18]. The USA is one such country and despite its being a country generally recognized as having strict and effective enforcement rules and practices, nevertheless, according to official statistics is one of the main countries of origin of pirated or counterfeit goods seized. The reason for this is held to be the vast quantity of counterfeit goods produced in different countries being transported via the US to other destinations. Lastly, in respect of internet based IPR violations, it is very difficult to determine the origin and destination of such traffic. The European Union is an important destination for such goods. In addition to the goods exported into the Community, a sizeable part of the injury caused to the EU right-holders is because of the loss of income and reputation, in the case of fake goods of lower quality, due to sales in any other market. EU countries are also countries of transit for counterfeit goods and pharmaceutical products. The problem is so acute that the EU and the USA have formed a joint strategy to counter it[19]. The efforts of the member state governments are in general ineffective due to lack of a synchronized and effective approach. If the right-holders have the will, the means and the influence to compel the competent authorities to take appropriate action then such measures are successful. The fight against counterfeiting and piracy is hindered not due to obstacles in the substantive law, but due to the unavailability of means the lack of willingness of the enforcement agents to apply the law strictly and efficiently[20]. These enforcement agencies are, frequently, unsuccessful due to manpower shortage, shortage of funds, lack of regulation of the base legislation and general problems caused by insufficient national and international co-ordination including a lack of transparency. To be more specific, this is encouraged by the absence of deterrent punishments for infringers. IPR violations[21] are therefore low risk high profit activities and usually, there is unwillingness to apply criminal sanctions. Further, administrative penalties are in general insufficient to dissuade pirates and counterfeiters and sanctions involving the confiscation of production machinery or the closing of production facilities are not applied systematically. This encourages and perpetuates criminal activities. Trials in these cases are slow, uncoordinated and costly. There are long delays and very few positive results and jurisprudence does not show uniformity. Moreover, the effort is made all the more difficult due to local protection for infringing industries and rampant corruption of the authorities in charge. There is also an absence of trained officials, like legislators, judges, prosecutors, customs officials, police, etc.   A major problem arises due to the public not being fully aware of this problem. Many members of the public do not consider piracy and counterfeiting to be wrong and at times, there is lack of awareness of the fact that using such products is an infringement of the law. In some countries the co-operation of right-holders is accepted in criminal investigations leading to encouraging results, like the seizure of goods and the destruction of criminal networks. For instance the optical disc regulation is a cost-effective way to deal with the piracy problem, because optical disc laws work against infringements of intellectual property rights. Further, these rules make the manufacture of pirated optical discs much more difficult for rogue elements without implementing unjustified regulatory burdens on legal plants. This type of measure has yielded noticeable results in countries like Hong-Kong and the Ukraine. It has been observed that in several instances right-holders have not resorted to the law of the countries where the violations occur, because of a lack of confidence in the local system and also due to lack of ways to defend their rights in a distant country, unawareness of the means available and sometimes due fear of reprisals where criminal organizations are the violators. Several reports have indicated that national producers, accused of infringements are shielded from effective prosecution. In some countries the authorities will unofficially claim that domestic â€Å"job providers† deserve more protection than foreign right-holders. As long as the majority of the public sees IPR violations as a mechanism to obtain basically the same goods at a much lower price, it will not be possible to diminish piracy and counterfeiting[22]. Although, strict action is taken in respect of counterfeit goods which affect consumer health and safety, the sale of imitation luxury brands, software, audio and video products are frequent in many countries and constitute a major attraction for tourists. There is limited public awareness of the bad effects of widespread IPR violations, resulting in loss of foreign investment, discouragement to creativity and research development, loss of international credibility of the countries and the nexus between counterfeiting and piracy with organised crime.[23] In chapter one, a discussion about the response of EU Trade Mark Law against counterfeiting and piracy has been taken up. The causes of piracy and counterfeiting are dealt with briefly. After this, proposed remedies for infringements are considered. Next, the effects of counterfeiting and piracy and the resultant loss to the right holders are described. The enforcement mechanisms for combating piracy and counterfeiting are then analyzed. Subsequently, the different departments and directorates of the EU and their functions and enforcement mechanism are described. Finally, the role of customs department in curtailing piracy and counterfeiting is discussed in brief. As such this chapter, which deals with enforcement mechanisms of the EU trade mark law, reveals that these are not effective enough to deal with this problem. In chapter two, the role of courts in combating piracy is discussed in detail with case laws. After this the working procedures of community trademark court and the complexity of their procedures are discussed. This is followed by a discussion of a number of landmark cases in the history of the struggle against counterfeiting and piracy. Lastly, the latest EU law in respect of these crimes has been discussed in detail. In this chapter, the role of the courts in countering piracy and counterfeiting, though commendable, the disparities in national laws reduce their effectiveness. In chapter three, the responses of parliament in combating the problem of counterfeiting and piracy in the EU have been discussed. In this regard the various acts of parliament that pertain to this problem in various fields have been discussed in detail. These include the various directives, regulations and acts. Moreover, the time after which the trademark will be revoked and the methods by which it will be invalidated have been discussed. Although, parliament has enacted several laws to control the problem of piracy and counterfeiting, the lack of stringency in their enforcement has not been able to control this problem to the level required. Chapter 1    The Response of EU Trade Marks Law against Counterfeiting and Piracy       Causes of Piracy and Counterfeiting Counterfeiting, piracy and infringements of intellectual property rights are constantly on the increase. Their effect is international and they pose a serious threat to national economies. In the European Internal Market, these phenomena take particular advantage of the national disparities that may exist in the means of enforcing intellectual property rights. In other words, counterfeited and pirated products are more likely to be manufactured and sold in those countries that are less effective than others in combating counterfeiting and piracy. Counterfeiting is now a multi-million pound business, run by organised criminals. It is theft, no more, no less. It moves resources from the honest, tax-paying economy to the dishonest, tax-evading economy. It puts the law-abiding employees of brand owning companies out of work. In the worst cases, such as unauthorised pharmaceutical products, aircraft parts or motor vehicle parts, the counterfeit version is sometimes a serious danger to public safety. The principal cause of piracy and counterfeiting is that dishonest traders can make considerable profits, by taking advantage of the creative efforts and investment of others and by selling imitations at a lower cost than those incurred by the producer of genuine products. Clearly, such trade exists due to consumer demand and perception that piracy and counterfeiting are mild violations. Intellectual property theft is not considered by the public to be as bad as fraud, theft or trespass. This is made worse by the failure of the public authorities and commercial organizations in bringing to the notice of the consumers the dangers of using unauthorised products, the harmful social welfare effects from this trade and the imposition of insufficiently restrictive penalties by the judicial authorities. Proposed Remedies    On 15 October 1998, the European Commission presented a Green Paper on the fight against counterfeiting and piracy in the Single Market. The purpose of this paper was to start a debate on this subject with the participation of all the interested parties. The result of this consultation exercise established that the functioning of the Internal Market was being adversely affected due to the differences in the national systems of intellectual property rights[24]. Subsequently, on the 30th of November, 2000 the Commission presented a follow-up Communication to the Green Paper in which it recommended an action plan to deal more effectively with counterfeiting and piracy. Some of the measures proposed were the presentation of a Directive that would bring about a harmonising of the national provisions on the means of enforcing intellectual property rights. The general opinion of the public is that counterfeiting is a harmless and as the price charged for genuine products are higher, there seems to be a general good will towards these counterfeiters. In accordance with section 111 of the Copyright, Designs and Patents Act 1988 of the United Kingdom, the owner of a copyright can give written notice to the Customs and Excise Department that infringed copies of published literary, dramatic or musical works that are expected to arrive in the UK should be prohibited[25]. From the 1st of July 1999, Regulation (EC) 241/1999 has amended a Council Regulation[26] by extending prohibition to goods infringing patents and supplementary protection certificates and to goods under all forms of customs supervision. This regulation contains a process by which members of Community Trade Marks can make a single application for customs intervention in any number of Member States, accordingly, the European Commission reported that between July 1995 and June 1997 customs authorities had taken action in about 4000 cases in comparison to only 2000 in the previous 7 years before the implementation of this Regulation[27]. Many contraband markets evolve through one or more of the following stages: Grey market, or parallel trading; smuggling; counterfeiting and piracy. The markets for contraband cigarettes, alcohol and pharmaceuticals pass through all three stages in their evolution, while the contraband markets for branded apparel and software might progress directly from grey market trading to counterfeiting. Sometimes when no such grey market goods are available organised crime groups may start producing and distributing counterfeit and pirated goods. In this manner a supply chain that is completely in the hands of organised crime groups is formed. Digitization and access to used manufacturing equipment has allowed the counterfeiting and piracy of cigarettes, apparel, computer software and music CDs. Impact of Counterfeiting and Piracy This Green Paper has assessed that 5% and 7% of world trade is due to counterfeited and pirated goods and the fact remains that this problem is more in certain sectors than in others. The Commission on assessment of levels of counterfeiting and piracy with regard to turnovers of some of the sectors concluded that, it is considerable. It opined that the level of counterfeiting and piracy was 35% in the software industry, 25% in the audio industry and 12% in the toy industry. The music, film and software industry, which are the main copyright industries are severely affected by counterfeiting and piracy. This problem occurs in the branded goods sector or in the industries like clothing, footwear, fragrances and cosmetics, luxury goods, motor car parts, aircraft parts, pharmaceuticals, food and drink and industrial chemicals. In France and Italy counterfeiting is more in respect of luxury goods, whereas in Germany the problem is compounded by the manipulated certification of counterfeited goods[28]. The resulting effects of counterfeiting and piracy are, diminished sales, disadvantages to the legitimate enterprises, due to free utilization of their research and development by their competitors, liability due to defective imitation products, free availability of imitations harmed the prestige and goodwill of a brand, initiation of legal proceedings against infringers and continuous supervision of the markets is expensive[29]. Further, the losses caused to the industry will be reflected in the public revenue, thereby raising the unemployment level in that industry[30]. According to the statistics of International Federation of Phonographic Industry, sales of illegal CDs accounted for 14% of the relevant market in the world. In May 2003, the UK music industry pointed out that the sales of pirated CDs exceeded the sales of genuine products. With regard to the responses to the commission’s green paper on combating the counterfeiting the piracy in the international market it was revealed that within the European Union the counterfeited and pirated goods amounted to 5 to 10 % of vehicle spare parts sales, 10% of sales of CDs, 16% of video and DVD film sales and 22% of shoes and clothing sales[31]. The commission referred to a survey conducted by KPMG in France, in 1998, in a proposal for counterfeiting directive. It was reported by Sofres and the Union des Fabricants that the average losses to the businesses, on which survey was conducted, amounted to 6.4% of the total turnover. According, to a study of 2000 by the centre for economic and business research in relation to global anti counterfeiting group, which calculated the average annual reduction in profits, was â‚ ¬ 1,266 million in the clothing and footwear sector, â‚ ¬ 555 million in the perfumes and cosmetics sector, â‚ ¬ 27 million in the toys and sports articles sector and â‚ ¬ 292 million in the pharmaceutical sector[32]. The losses caused by counterfeiting and piracy with regard to tax and excise fields were considerable. The commission’s proposal for a directive on the enforcement of intellectual property rights, accompanied by a paper of estimation revealing that in the phonographic sector VAT losses amounted to â‚ ¬ 100 million that were incurred by the EU Governments as a result of counterfeiting and piracy[33].    Enforcement The Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, states that till now the main concentration of the EC in the field of intellectual property was on harmonization of substantive law, and also on the formation of a unitary right at the community level. National property rights such as trademarks, designs, patents for bio technological inventions, copyright aspects and its related rights have been harmonized. At the Community level, the Commission has taken steps to formulate unitary rights, which become valid instantly throughout the EC and examples of these are Community trademarks and designs. In respect of Community patents’ formation discussions are going on at the level of the Community ministers. In spite of the fact that the harmonization of substantive law on intellectual property rights has promoted the free movement of goods between member states, the methods of enforcing them has not yet been harmonized. Hence, the present directive is required. Counterfeiting is in different forms. For example, in the absence of any permission from the English Football Club, football shirts are manufactured in the UK. This is being done by a company which is in no way connected with the Football Club. The brake pad manufacturers produced 150,000 brake pads to a required specification by the authorized dealer, though his order was for only 100,000 units. All of these brake pads marked with the company’s logo were supplied to unauthorized distributors. The European Commission represents and upholds the interests of the European Union or EU. It is a politically independent institution, which is the motivating power within the EUs institutional system. Its main roles are proposing legislation to the Parliament and the Council; managing and implementing EU policies and the budget; enforcing European law together with the European Court of Justice and representing the European Union internationally. In 1994, the EU implemented the Customs Regulation[34], which controls the imports of fake goods. In 1998, the Commission issued the Green Paper on Combating Counterfeiting and Piracy in the Single Market[35]. Based on the responses to this Green Paper, the Commission formulated an Action Plan, on 30 November 2000. The Action Plan consists of harmonization of legislation among all EU members in order to protect intellectual property rights; better law enforcement training programs; education programs to increase knowledge of the harm caused by buying imitation and pirated products and the beginning of a study for defining a method of collecting, analysing and comparing data on counterfeiting and piracy. In April 2004, this Action Plan was translated into a Directive[36]   for balancing the implementation of intellectual property rights in the Community by a Regulation[37] that improved customs action against counterfeit and pirated goods. It also extended Europol’s powers to include piracy and counterfeiting. In November 2004, the European Commission implemented a Strategy for the Enforcement of Intellectual Property Rights in Third Countries[38]   outside the Community. Departments of the European Commission The organization of the European Commission is into departments, known as Directorates-General or DGs and services, such as legal services. Each DG accountable for a specific area of policy is controlled by a Director-General who is accountable to one of the commissioners. These DGs work out and plan the Commissions legislative proposals and technical co-operation activities. Some of the Directorates General of the European Commission deal with the enforcement of intellectual property rights. Some examples of these are DG Trade, DG Taxation and Customs Union and DG Internal Market. These are discussed in the sequel. Directorate General for Trade The DG Trade has to develop and observe intellectual property policies in agreement with the trade policies of the EU. One of the main objectives of the EU is to implement better recognition and enforcement of intellectual property rights. Its policy with respect to intellectual property consists of implementing IP protection all over the world; promoting sufficient enforcement of IPRs universally and taking part in the war against violations; making certain that IPRs support public health objectives, cooperating with developing and under developed countries where implementation of intellectual property laws is difficult. The Enforcement Strategy focuses on the implementation of existing IPR laws and intends to illustrate, prioritise and organize the instruments available to the European Commission for achieving its goal. It identifies priority countries and the implementation of specific measures in technical assistance, dispute settlement and other sanction mechanisms, collaborating with like minded private entities, international organizations and countries, etc. It provides information for dealing with piracy, counterfeiting and other IPR violations. The objectives of the Enforcement Strategy are: Identification of priority countries. The focus of the EU action will be on the most problematic countries with regard to IPR violations. Such countries will be identified by a regular survey of all stakeholders. Political dialogue, incentives and technical co-operation. The EU will make all efforts to ensure that technical assistance given to third countries focuses on IPR enforcement. IPR mechanisms in multilateral, bi-regional and bilateral agreements. The EU will address enforcement concerns more systematically, within the framework of these agreements and consult trading partners in order to strengthen IPR enforcement clauses in bilateral agreements. Dispute settlement – sanctions. The EU will recall the possibility that right-holders have to utilize the EU’s Trade Barriers Regulation[39] or of bilateral agreements, where there is a violation of TRIPs. Increasing awareness. The public is made increasingly aware of the disadvantages and harm caused by counterfeiting by means of the EU. Creation of public-private partnerships. The EU supports and participates in local IP networks using mechanisms installed by Commission services like the IPR Help Desk and Innovation Relay Centers to exchange information with right-holders and associations. Moreover, it improves co-operation with companies and associations that actively fight piracy and counterfeiting.    Directorate General, Taxation and Customs Union An essential component for the creation of an integrated single European market and a common commercial policy is the Customs Union. Its purpose is to maintain and defend the Customs Union and ensure uniform application of the classification and origin rules. The Directorate General participates in international commercial negotiations which concern the application of the rules of origin and the preferential trading systems. Custom administrators have to not only collect duties but also have to protect consumers and legitimate traders. On the 22nd of July 2003, the Council of Ministers implemented a new regulation in respect of customs and counterfeiting. This Regulation which replaces the previous one[40] includes additional intellectual property rights like plant variety rights, geographical indications. Moreover, period of validity and request forms have been standardised. It has done away with fees and guarantees in order to help small and medium sized companies or SMEs to make free of cost use of the system. It extends the scope of the ex officio procedure, which permits customs authorities to react even if there is no previous application for action. The extension of the use of this possibility is of especial benefit to SMEs. Further, there is an increase in the quality and quantity of information given by customs to intellectual property right holders. This permits samples to be given to the owners of the intellectual property rights.   It permits checking travellers to ensure that the use of couriers does not hide a large flow of goods. Directorate General, Internal Market         Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The internal market is an essential part of the European Union. It has emerged as a result of the Treaty of Rome. This treaty created a common market in which there was a free movement of goods, persons, services and capital. Unification of the markets of Member States results in economic and political integration. The Treaty establishing the European Community or the EC Treaty brings about a system that ensures undistorted competition in the internal market and approximation of the laws of Member States for the functioning of the common market. This DG mainly concentrates on the knowledge based features of the Single Market and to some extent on the traditional regulatory instruments, which in order to avoid trade barriers harmonize the laws of the Member States. Its goal is to create unitary systems for protecting rights with Community-wide effect. It also focuses on ensuring the proper functioning of the Single Market in the fight against Counterfeiting. In addition, this DG also takes care of debates on the principle of Community exhaustion of trade mark rights and its economic effects on innovation, employment, prices and discussions on Enlargement. In order to get rid of trade barriers and to enable the framework responsive to new forms of exploitation, a considerable amount of intellectual property harmonization has taken place in the EU. The Internal Market DG has to modernise and adapt this acquis to advances in technology or the markets concerned for example, directive on copyright and related rights in the Information Society. Further, it has to improve international negotiations in order to strengthen the IPR internationally. A major contribution in this field by the Internal Market DG has been the Directive, adopted in April 2004, on the enforcement of intellectual and industrial property rights.[41] It makes it mandatory for all 25 EU Member States to apply successful, inhibitive and impartial remedies and penalties against those engaged in counterfeiting and piracy and thereby bring about a level playing field for right holders in the EU. This new Directive brings about uniformity, to the extent possible, in national legislation throughout the EU. This uniformity is respect of civil sanctions and remedies and it is in accordance with best practices in one or several member states. It consists of procedures in respect of evidence and its protection, and interim actions like injunctions and seizure. Right holders have several remedies like destruction, recall or permanent removal of illegal goods, financial reparation, injunctions and damages. It also implements a right to information, which permits judges to compel certain persons to disclose particulars of people involved in counterfeiting and piracy. Under this Directive, member states have to appoint national correspondents to cooperate and exchange information with each other and the Commission. In addition to benefits to right holders, the Directive contains suitable safeguards against abuse, guarantees the rights of the defence and contains references to protect personal data and confidential information. Directorate General, Enterprise DG Enterprise has founded the IPR-Helpdesk[42] whose main aim is to help prospective and current contractors who are participating in European Community funded research and technological development projects concerned with IPR issues. This helpdesk gives advice on Community diffusion and protection rules and issues relating to IPR in international research projects. Another international purpose of the action is to increase knowledge of the European research community on IPR issues, with particular reference to their European dimension. It also conducts several training courses and information seminars on intellectual property matters.    Directorate General Justice, Freedom and Security      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The DG Justice, Freedom and Security have common regulatory responsibilities as IPR enforcement is connected with law enforcement both within and outside the Community. This DG is at present working on a legislative project on approximation of national legislation and sanctions on counterfeiting and piracy. Specific field operations are taken care of by the European Anti-Fraud Office (OLAF).    Customs Regulation Moreover, the European Union has introduced a Customs Regulation that empowers Customs officials to seize suspected counterfeit or pirated goods. Under this Regulation, EU Customs Authorities can detain suspected goods, for a short period, before the end of which, the rights owner have to initiate legal action against the alleged counterfeiter or pirate. Proper implementation would make this Regulation a very powerful weapon for rights holder with a good, anti-counterfeiting, intelligence network. This move to enact the Directive on enforcement of intellectual property is subsequent to the UK’s recent effort to tackle the problem of piracy by enacting the Copyright, Etc. and Trade Marks (Offences and Enforcement) Act 2002. The implication of this law is that those who deal in pirated goods and specifically, those who produce such goods and those who distribute them, will get stiffer fines and if the crime is serious enough they may be imprisoned. The requirement of this Directive will be that each of the Member States will have to apply the same procedure in infringement proceedings and this would include damages awarded, injunctions, provisional measures and sentencing[43]. Intelligence, appropriate criminal sanctions and Courts that enforce these sanctions, are essential factors in combating counterfeiting. In the absence of precise information on the source, time of supply and place of transfer it is very difficult to stop their entry onto the market. In order to limit piracy within the EU the EC has revealed plans to put into practice an anti-piracy law that aims at harmonizing anti-piracy law throughout the Member states. This chapter has dealt with the enforcement of trade mark laws, in order to prevent piracy and counterfeiting. Evidently, this problem cannot be curbed because of the disparities in the domestic laws of the member states. As such the pirated and counterfeited goods, though not produced in the EU, freely flow into it with great damage being done to the right holders. In the next chapter the role of the courts in dealing with this problem will be discussed. Chapter 2       Responses of the Courts to Counterfeiting and Piracy    In the absence of effective methods for enforcing intellectual property rights, innovation and creativity will be discouraged and investment will be reduced. It is therefore necessary to ensure that the substantive law on intellectual property, which is a part of the acquis communautaire, is applied effectively in the Community. The acquis communautaire includes all the treaties, regulations and directives passed by the European institutions as well as judgments laid down by the Court of Justice, which member countries have to adopt, implement and enforce in order to be admitted to the EU[44]. The means of enforcing intellectual property rights are of vital importance for the success of the Internal Market. The discrepancies between the systems of the Member States in respect of the means of enforcing intellectual property rights are harmful to the proper functioning of the Internal Market. These discrepancies also make it impossible to ensure that intellectual property rights have the same level of protection throughout the Community[45]. This situation hinders free movement and does not create an environment that is favorable to healthy competition. Formerly, the commission’s ability for providing criminal sanctions under the first pillar was suspect. Hence, the EU commission submitted a draft directive, which entails the harmonization of law to facilitate the single market. The directive which is the foundation instrument would have been adopted by the council and the parliament under the co decision method. Moreover, the commission has submitted a draft framework decision, which contains criminal sanctions. A framework decision is a third pillar instrument that is adopted by the council exclusively. Hence, the parliament has not taken any part in this process. The commission was disinterested in splitting up the draft legislation into two legal instruments, a directive and a framework decision; hence, it initiated proceedings against this mechanism before ECJ. On the 13th September 2005, the ECJ, in its judgment in commission v council[46] held that provisions of criminal law that promote the effective implementation of community law come under the first pillar. After this decision, the European Parliament’s involvement in the legislative process has been on the increase. Due to this milestone decision, the European Commission has presented a second draft directive on 28th April 2006. This legislation consists only of one legal instrument, a directive. The proposal of the commission has to be adopted by the European Parliament and the council under the co decision procedure[47]. The latest changes come from the case law of the European Court of Justice rather than the European legislator. Regulation 1383/2003 applies at the EU’s external borders to export, import, transshipment and external transit. This is according to Article 1 (1) of Regulation 1383/2003. Most of the border measure cases concern to transit and transshipment cases and the provision of Article 1 (1) is a â€Å"TRIPS plus† provision. This is because it transcends Article 51 of the TRIPS Agreement, which is restricted to imports. However, recent developments in the case law of the ECJ may bring about a change this approach. In Class International[48], the ECJ held that the external transit of grey market goods is not the use of a trade mark. Counterfeited and pirated goods under Regulation 1383/2003 are defined much more narrowly than the scope of protection awarded to owners of trade mark, copy and design rights. In Article 2 (1) (a) of Regulation 1383/2003 counterfeited goods are defined as â€Å"goods [] bearing without authorisation a trade mark identical to the trademark validly registered in respect of the same type of goods, or which cannot be distinguished in its essential aspects from such a trademark.† therefore, customs in order to take border measures have to be in the presence of a semi identical sign applied to identical goods and this is at variance with the Community law concept of risk of confusion normally resorted to in trade mark law. The definition of pirated goods, as per the provisions of Article (2) (1) (b) of Regulation 1383/2003, is the following, â€Å"goods which are or contain copies made without the consent of the holder of a copyright or related right or design right.† Further, the border measure Regulation states that the infringing goods have to be copies, whereas Community law employs the concepts of reproduction and designs. The danger with the definition in Regulation 1383/2003 is that goods blocked by customs for infringing an IPR may not be classified under this very restrictive definition of counterfeited and pirated goods. This could result in the courts being forced to hold that these goods were wrongly confiscated. This is very important because in practice the customs authorities do not follow the restrictive definitions of the border measure Regulation. The definition of goods infringing a trade mark, copyright or design right should be analogous to the definition of other infringing goods, where the Regulation takes recourse to the Community or national law. If there is a challenge to a trade mark registration for non-use, then the proprietor has to demonstrate, under both the UK law and the Community Trade Mark Regulation, authentic use in the applicable period or produce valid reasons for non use. In the trade mark LABORATOIRE DE LA MER the latest Court of Appeal decision established clear guidelines in respect of registered proprietors and parties considering applications for revocation[49]. In this case an application was made by La Mer Technology, Inc, which had registered a number of UK trade marks as â€Å"DE LA MER†; to revoke Goemar’s registration for the trade mark LABORATOIRE DE LA MER in the UK that was in respect of perfumes and cosmetics containing marine products in class 3. In the preliminary hearing the revocation application was dismissed as its use by the five sales was real and amounted to genuine use of the registered mark in the relevant non-use period. La Mer’s appeal made the High Court seek interpretation from the ECJ under Article 234 of the EEC Treaty. In January 2004 the ECJ gave its decision, wherein it held that the answers to the questions raised could be inferred from its earlier judgement[50] in the case of MINIMAX. In other words a registered proprietor of a trade mark defending an application for revocation on the grounds of non-use has to furnish evidence of genuine use in an unequivocal form and easily understood form to the tribunal considering the case, and proof that it is not for merely safe guarding the registration. A slogan, while being registered, should be accorded the same measure of scrutiny as any other word mark. In Das Prinzip Der Bequemlichkeit or The Principle of Comfort[51], this principle was upheld by the ECJ. Nevertheless, applications for slogan marks at the OHIM[52] may be objected to for being descriptive of the goods or services or for being devoid of distinctive character. The Court of First Instance held that the lack of evidence of promotional use of the mark did not signify that the slogan indicated the commercial origin of those goods or services. It also held that it was essential to consider the slogan in connection with the goods and services, and whether it was capable of being used in a descriptive or promotional context. Though the applicant showed that this mark had been registered in non-EU countries, the CFI refused to change its decision and held that the Community trade mark regime is an autonomous system and all assessments must be exclusively on the basis of the CTM Regulation, as interpreted by the Community judicature and not on precedent or on the basis of what had happened in other countries. The Board of Appeal has refused to take account of precedent slogan marks and the mark FUELING BRAND POWER[53], applied for in connection with a range of services in Classes 35, 41 and 42 was refused. The OHIM were able to show examples of third party use only of the words â€Å"FUELING† and â€Å"BRAND POWER†, separately. From the preceding it becomes clear that slogan marks are likely to be considered to be unregistrable if they are not imaginative or creative. On the basis of public opinion the OHIM considers such slogans as not having a distinctive character and this opinion is highly subjective. For this reason, registrable slogans should have a highly individualistic nature and this should be in addition to what would in general be necessary for a word mark to be registered. This is in direct contrast to the ECJ’s statements in relation to â€Å"The Principle of Comfort†. Notwithstanding this, if there is no evidence that the mark has obtained a distinctive character then such slogans may not be accorded registration by the OHIM[54]. In Signal Communications Ltd v Office for Harmonisation in the Internal Market (Trade Marks, Patents and Designs (OHIM)[55], The applicant wanted the Court of First Instance to annul the contested decision and pass such orders as would amend the Community trade mark application No 837096 to show TELEEYE instead of TELEYE. Under Article 63(6) of Regulation 40/94, the office has to take the necessary measures to comply with judgments of the ECJ. Hence, the Court of First Instance cannot issue directions to the Office. The applicants argument was based on Article 29(1) of Regulation No 40/94, which states that application for the Community trade mark and the trade mark relied on for the right of priority must be the same. In case it was unclear to the examiner that the applicant was applying for the Community trade mark with the same spelling as that used in the United States trade mark application should have been obvious to the examiner then changing the discrepancy between these two trade marks does not amount to a significant modification. In practice the importance of intellectual property rights depends on whether the holder can take effective measures to prevent others from infringing them. The right holder can not only take the infringer to court but he can also warn the infringer to desist from the acts in question. Sometimes, the main objective may be to arrive at an agreement with the infringer, in which case the right-holder will simply inform the infringer of the position with regard to IP rights and offer to discuss terms and conditions. Hence, judicial enforcement is a major test of effectiveness for the rights given by the intellectual property system. A vital necessity is that successful protection against infringement should be obtainable at reasonable cost to the right holder. However, if such effective judicial procedures are already in place then these procedures by themselves already ensure that IP rights are not violated. The right to prevent others from doing certain specific acts is the basis for the legal protection of intellectual property. A right-holder can obtain an injunction to prevent an infringer from manufacturing or distributing the infringing product, from using it or performing certain other acts. Such emphasis on the right to disallow differentiates intellectual property protection from the protection offered in other civil law matters concerning the breach of an owners rights. In civil courts the usual sanction is the award of compensation to the plaintiff for infringements of his rights which have already transpired, usually in relation to personal injury or property damage. The European domicile system was unable to generate a large body of European case law, because first, judgments revoking or cancelling a registered industrial property right had to be taken by the courts of the country for which the right had been granted. As the defendants in patent infringement proceedings generally file a counterclaim for invalidity, the prospects of internationalizing the domicile principle are limited. Divergence in the case law of the EU member states is due to the cross-border injunction. Second, hindrance to liberalizing the domicile principle takes place due to cross-border competence being limited to the courts of the country where the defendant is lives or mainly conducts his business. Such competence does not extend to the country where the infringing act occurred, which, is of particular importance to the plaintiff[56]. Complexity An infringement action brought before a Community trademark court makes it extremely easy to enforce registered Community trademarks across the whole of the European Union. In case the court decides that there has been infringement, this judgment will be imposed in all EU member states in which infringement took place. Further, the damages award will be based on all such infringing acts. Finally, an injunction against any further infringement may be obtained for the whole European Union. In November 2004 the Alicante Juzgado de lo Mercantil, acting as Community Trademark Court of First Instance, issued the pan – EU injunction in a trademarks infringement case, in respect of the selling of fake VIAGRA and PFIZER on the internet. Since the respondent was absent at the time of the hearing, the court had issued an ex parte injunction and made an order consisting of broad measures of protection. The court ordered the defendant to cease all use of terms like VIAGRA and PFIZER, in respect of the selling of any of the products in the EU, or on the internet and also ordered the defendant to desist from using the term VIAGRA as a domain name. In IMS Health Inc v Commission of the EU Communities[57], it was held that the aim of intellectual property protection is the right to exclude. On some occasions the legal capacity to exclude is referred to as monopoly. From this situation much controversy spins around the interaction of Intellectual Property Rights and Competition Law. Competition authorities have made efforts to balance the protection of intellectual property rights and market competition. Europe has taken these issues into consideration in a recent set of decisions implicating a supplier of pharmaceuticals sales data and its copyright protected data matrix. The balance between competition regulations and IP rights remains a topic for debate in most of the nations including European countries. If an IP right blocks entry into a genuinely needed facility for competing, there may be lawful public argument in order to compromise the IP right for promoting competition. However, such compromise should not be a matter of mere public convenience or a bare recommendation to the competitors, where competition is not threatened. Even IP rights serve a valuable public policy objective to encourage and reward creativity and to safeguard public interest. Policy makers should make sure that interference in the matter of protecting competition fulfils that objective instead of the less productive goal of simply making life easier for competitors.    In Anheuser-Busch Inc v Budejovicky Budvar Narodni Podnik[58], Anheuser-Busch Inc, instituted proceedings in the Finnish courts to prevent the defendant from using certain trade marks, which were claimed to have been infringed. In an appeal to the Supreme Court, the matter was stayed for making a reference to the ECJ on issues concerning the interpretation of TRIPS agreement. The ECJ held that in case of a disagreement between a trademark and sign that was suspected to have infringed the trademark TRIPS agreement will be applied, where the disagreement arose before the date of application of TRIPS but continued beyond that date. The relevant laws of Finnish trade marks had to be interpreted as far as possible in the wording and purpose of the provisions of Directive 89/04 on trade marks and TRIPS. A trade name could constitute a sign within the meaning of article 16(1) of TRIPS[59]. The exceptions to article 17 of TRIPS were targeted to make a third party able to use a sign which is similar to a trade mark that indicates its trade name, provided that such use was according to the sincere practices in industrial and commercial matters. A trade name which was unregistered but established by its use in the member state in which the trade mark was registered could be considered as an existing prior right as per the meaning of the third sentence of Article 16(1) of TRIPS[60]. The Silhouette Case This legal ambiguity has resulted in disagreements and in the case of Austrian sunglasses Silhouette, the ECJ ruled that community wide exhaustion is the appropriate interpretation in accordance with the 1989 Directive[61]. This judgement indicates that Article 7(1) of the Directive barred Member States from implementing an exhaustion regime that was wider than community exhaustion. In the Silhouette case the Austrian discount chain, Hartlauer, bought a consignment of Silhouette sunglasses from a Bulgarian company, which had purchased the goods from Silhouette International in Austria. Silhouette claimed that the sale of the sunglasses was subject to the stipulation that these sunglasses should not be re-imported into Austria. Hartlauer were taken to court, in Austria, on the charge that the trademark rights had not been exhausted. The ECJ held that the 1989 Trademark Directive was to be considered as a complete harmonization of the Member States’ rules for trademarks. In accordance to this ruling all Member States have to apply the principle of regional exhaustion. Nevertheless, such states that are in the EEA but outside the EU need not do so. Thus the ECJ has ruled that exhaustion occurs only when the products are being sold in the EEA and this establishes that the principle of international exhaustion is not applicable within the EEA if the goods had been first placed on non EEA markets. Hence, the rights owner was able to enforce its rights in the Silhouette trademark against the defendant, Hartlauer, even though these products were genuine and had been placed on the Bulgarian market with the consent of the trademark owner. The issue of consent was adjudged in the Sebago case, where it was held that consent under Article 7(1) of the Directive had to necessarily relate to each item of the product in respect of which exhaustion is pleaded. The Swedish Competition Authority, in a report, referred to the ruling of the EFTA Court in the Maglite case[62] which preceded the Silhouette ruling by six months. In this case a Norwegian company was importing Maglite lanterns from the US. The Norwegian general agent sued the importer for breach of Norwegian trademark law as well as the EU Trademark Directive. The EFTA Court held that the EEA agreement did not entail any common trade policy in relation to a third country and that a regional exhaustion requirement would severely restrict freedom of trade in respect of third countries. 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