Literary Output of Filipinos are not Book Lovers Essay

Introduction: Reading is an important study skill and an important tool for becoming a good person but Philippines is actually not a nation of book lovers unlike in Japan. In Japan, most bookshops seemed to be the most popular feature of practically every street block. Body: Reading a book is becoming an unpopular activity among Filipinos right now unlike before. The problem is Filipino writers are mostly not appreciated by us. We don’t even talked about them in our conversations. Compared to London’s Virginia Woolf, one of the most Popular author/writer, almost all of her works were sold out in every bookstore in London. And in some instances, her works were one of the best sellers ang being talked about in London. Here in the Philippines, you can count those Filipinos that will go to store just to buy a book and enjoy being alone reading a book. Filipinos hate solitudes. Reading a book requires patience, time and even endurance in order to understand every chapter and it will really take a lot of time finishing it . Unlike in watching a movie, it can be done for only an hour or two. But as you can see, reading a book is much better than watching it in movie because in movie not all the details from the book are there. Conclusion: We prefer watching cinemas and hanging out   with friends, instead of going to library and read a book. Like in our schools today, they used visual aids to catch our attentions like power point presentations. I can say that Filipinos love entertainment because for us, it is more interesting. Definition of Terms Book – a division of a literary work Commiseration – to sympathize Primitive – being the first or early of the kind Solitude – loneliness Horrid – extremely disagreeable

Ho Chi Minh Puppeteer

Ho Chi Minh: Puppet or Leader? United States presidents from Harry Truman to Richard Nixon were wrong to think that Ho Chi Minh and his followers were â€Å"puppets† to the Soviet Union or Chinese Communist. Many policies the Presidents made throughout the war proved that they never tried to see Ho Chi Minh as anything else but communist and were convinced that they had to do everything and anything to stop him from gaining any control over the country of Vietnam.The Vietnam War, specifically the United States aid to France, agreements at the Geneva Conference, and the election of 1956, are prime examples of how far American Presidential Administrations went to exclude themselves from their own Constitution to give themselves a blank check and continuous, unnecessary escalation for war. When I look at Communism I view it as a dictatorship, someone more or less trying to control the people of the country they have control over by putting fear in the eyes of the citizens and not allowing them to live a peaceful, independent life.With that said, yes, Ho claimed to be a Communist but I truly feel that his sole goal was to conquer the independence of the country of Vietnam from forces trying to control it and give it back to his people, basically saying that Ho was a nationalist and communism was simply the most effective way to carry out his tasks. He followed the way of what the Trung Sisters wanted Vietnam to be and did everything in his power to give the â€Å"What it is to be Vietnamese† outlook to his people. The United States would view his ideology as only communism, arguing that nationalism was just a maneuver.United States involvement in Vietnam occurred within and because of the larger context of the Cold War between the United States and the Soviet Union. Immediately after World War II, tensions between the United States and USSR escalated. Ho needed the help from the Soviet Union to follow out his goals for Vietnam. He obviously was not th eir puppet; the Soviet Union helped fund the war for the Vietminh with supplies and ammunition but half the time they made empty promises of what they would do to help.Truman feared that if Ho were to win the war, with his ties to the Soviet Union, he would establish a â€Å"puppet† state and the Soviets would ultimately control Vietnamese affairs. (New World Encyclopedia) The Vietminh were not very militarily effective in the beginning of the war and only really harassed the French troops. China gained control over the northern borders which allowed unlimited support in terms of weapons and supplies to the Vietminh which transformed itself into a conventional army between two armies equipped with modern weapons supplied by the United States and the Soviet Union. 29) The idea of communist domination in Southeast Asia was all the United States needed to support France in containing communism. Gaining help from USSR and China was all Ho could do to regain Vietnamese independenc e. He was looking for the bigger picture and if letters from him would have been answered then the thought process of him and a communist puppet would have never existed, nor would the assumption of the domino theory.It was completely and utterly wrong, immature, foolish, and rude for President Truman to ignore the many letters Ho Chi Minh sent to him in 1945. How as the president of the most powerful country in the world just get handed letters over and over and continuously set them aside and allowed them to go unnoticed. Ho Chi Minh wrote eight letters to President Truman reminding him of the self-determination promises of the Atlantic Charter. He even sent one to the United Nations. Zinn) Within one of the letters that Ho Chi Minh sent he offered a deep-water port in Cam Ranh Bay to be used as a military port, but still the letters were ignored. For years, Ho had tried to court the United States to support him against the French, including supplying the U. S. with military intel ligence about the Japanese during World War II. Whatever hopes Ho had for securing American assistance died in anticommunist paranoia. (20) The communism is not a disease; it’s not like if you kiss someone communist you therefore become communist.This unfortunately is the ridiculous theory that Eisenhower came up with about countries trickling from one communist country to surrounding countries, to next thing having the entire world plagued with communism. After the fall of Dien Bien Phu in 1954, Eisenhower gave a speech that would become a famous and important outline of United States Cold War policy. Eisenhower stated that the United States needed to contain the USSR at all locations for its neighbors to not become Communist. The theory was coined the domino theory.The Nationalist government of China fell to the Communist forces of Mao Zedong and this started to put the United States into deep paranoia and fear that Communists would take over the world and might even be plo tting secret operations in the United States. The U. S. policy makers began to see Vietnam as extremely important. If Vietnam was to be a united nation with Ho Chi Minh as its leader and become a communist country then in logic to the domino theory all of Indochina would fall and maybe even Southeast Asian countries to communism.I don’t believe that the small country of Vietnam, who was just trying to gain recognition as an independent country had that much power over its surrounding countries or even of the entire world. The popularity of Ho Chi Minh and the Vietminh in both Northern and Southern Vietnam had U. S. leaders in fear that the free elections promised at the Geneva Conference to occur in 1956, would result in a unified, Communist Vietnam. (SparkNotes Editors) After WWII, President Truman set up, what I think, was a fair plan to stop colonialism throughout the world.In his State of the Union speech in October 1945, he stated that he believed 1) in the eventual retu rn of sovereign rights and self-government to all peoples who have been deprived of them by force, 2) that all peoples who are prepared for self-government should be permitted to choose their own form of government by their own freely expressed choice, without interference from any foreign source, 3) the United States will refuse to recognize any government imposed upon any nation by the force of any foreign power. (Pamphlet No. , PILLARS OF PEACE) These are just some of the points within the twelve stated. Unfortunately, none of these points were actually followed by the President, himself, or the United States. These points were supposed to end colonialism throughout the world after World War II, but when France asked the United States for help to continue their control and reign over Indochina, President Truman went very willing. Fear of communism was in his eyes and with the help of the USSR to Vietnam he didn’t believe that there was any other way.In May 1950, President Truman announced his decision to supply $15 million in military assistance to Indochina, but realistically just to French troops, to fight the Vietminh. (29) In order for France to fight this war without it looking like it was to gain control over a colony that they have already been fighting for, they defined it as a fight against Communism instead of a colonial war. Ho hated the French for what they had done to his country, but also hated the elite Vietnamese who enriched themselves at the expense of the poor peasants.The Vietnamese people were broken under French rule both prior to WWII and after. Truman in one week sent an abundance of supplies to the French and continued to do so for the next four years. Throughout the aids exceeding number of ammunition, weapons, tanks and other supplies were sent to both the French and Vietminh from the US and USSR and China. This resulted in the battle of Dienbienphu. In 1954, the French planned on overtaking the outpost of Dienbienphu in th e mountains of northern Vietnam. Their idea was to take post in the center on these mountains and lure the Vietminh in.The Vietminh saw this strategy a mile away. They moved 40, 000 troops up into the mountains and conquered this territory. Even though there were more Vietnamese casualties than French, they had military brilliance and were more willing to a higher death toll then their enemies. (SparkNotes Editors) The victory over the French at Dienbienphu had demonstrated the triumph of Ho’s nationalism. (46) And the United States would later learn that no matter what is handed to the Vietminh they were going to fight to the death for the independence of their country.I believe and have also heard and even read that if the election of 1956 had been held that possibly eighty percent of the population would have voted for the Communist Ho Chi Minh as their leader rather than Chief of State Bao Dai. In April 1954, the world's powers had met at Geneva to discuss Vietnam. Many a rguments can be presented for the escalation of the war. One reason is the failure of the United States to adhere to provisions in the Final Declaration of the Geneva Conference on the Problem of Restoring Peace in Indo-China. In July 1954, it was decided to divide the country in two at the 17th parallel.Bao Dai was to lead the south and Ho Chi Minh the north. The meeting also decided that in 1956 there would be an election in both the north and south to decide who would rule the whole country. The election would be supervised by neutral countries. This election did not take place and the split had become permanent by 1956. Ho Chi Minh was very liked by a great majority of the people in both North and South Vietnam and Boa Dai was just a puppet to the United States to carry out their commands and also was controlled very much by the corrupt madman Ngo Dinh Diem. Simkin) The United States and Diem refused to allow the 1956 elections to happen. Diem stated that it would only be a mean ingful election on the condition that it was absolutely free. No communist was going to be democratically elected if the US had anything to say about it. All not allowing this election did was set the course of escalation to the war further in motion. I do not understand why we even needed to get involved. As Americans we believe in the right to vote and free election, that is exactly what Ho Chi Minh wanted but was denied by us, a democratic country. (rationalrevolution. et) The Vietnam was an unnecessary war because of the way America handled it. The countries or nations involved had nothing to with the United States and we were supposed to take a neutral role. When we didn’t stay neutral the USSR and China stepped in and also helped. In America’s eyes that was only to spread communism, but truthfully we were no better and had every opportunity to stop this war and not allow it to escalate as it did with our help. â€Å"Vietnamese history is the history of defense b y outsiders and resistance to occupation when outsiders were temporarily successful. †References: VietnamWar. et, â€Å"Educational, Entertainment, and Research Material Relevant to the Study of the Vietnam War† http://www. vietnamwar. net Simkin, John (BA, MA, MPhil) â€Å"Vietnam War† http://www. spartacus. schoolnet. co. uk/vietnam. html SparkNotes Editors. â€Å"SparkNote on The Vietnam War (1945–1975). † SparkNotes. com. SparkNotes LLC. 2005. Web. 28 Oct. 2010. Pamphlet No. 4, PILLARS OF PEACE. â€Å"PRESIDENT TRUMAN'S NAVY DAY ADDRESS: An excerpt dealing with Four Military Tasks and the Fundamentals of Foreign Policy, October 27, 1945. † pages 136 and 137, Published by the Book Department, Army Information School, Carlisle Barracks, Pa. May 1946 http://www. ibiblio. org/pha/policy/post-war/451027a. html rationalrevolution. net, â€Å"The American involvement in Vietnam† http://rationalrevolution. net/war/american_involvement_in_v ietnam. htm, 2003 – 2007. Web. 20 Oct. 2007. Zinn, Howard. â€Å"The Impossible Victory: Vietnam excerpted from a People's History of the United States† http://www. thirdworldtraveler. com/Zinn/Vietnam_PeoplesHx. html New World Encyclopedia â€Å"Indochina_War_(1946-54)† Creative Commons Attribution/Share-Alike License. http://www. newworldencyclopedia. org/entry/Indochina_War_%281946-54%29. 2009. Web. 1 Dec. 2007

Environment: Pollution and Human Impact Essay

Every living thing has an impact on its environment. Therefore a human impact on the environment is inevitable. By simply existing, all species – including ourselves – will imprint their mark on the world around them. What differentiates us from other species is our ability to greatly overburden our environment with very few limits. The information regarding our human impact is vast and impossible to cover in one article but I will attempt to cover a basic overview. For 200 years we’ve been conquering Nature. Now we’re beating it to death. ~ Tom McMillan Water Pollution Perhaps the most obvious examples of a negative human impact on the environment is water pollution. It’s obvious we need water to survive but few people realize how much we need and just how much is available. Consider these facts from the United Nations Environment Programme: * Of all the water on Earth, only 2.5% of it is freshwater. * Of that 2.5%, less than 1% is available to us. * Humans each require up to 13 gallons (50 litres) a day of fresh water for drinking, cooking and cleaning. This does NOT take into account the countless gallons of water needed to grow food or care for animals. * 70% of all freshwater usage goes to irrigation. According to Organic Farming Research Foundation, only 2% of farms are organic. This means almost 69% of our freshwater supply is being contaminated by chemical pesticides, herbicides, and chemical fertilizers, while also compounded with fossil fuels and emissions from heavy farming machinery. These chemical compounds contribute to acid rain. Since very little can live in an acidic environment, acid rain has harmful effects on plants, animals, and aquatic life, as well as humans and even buildings, statues or other objects. Acid rain also contaminates our limited freshwater supply, and thus the cycle of water pollution continues. According to the U.S. Environmental Protection Agency, 45% of assessed stream miles, 47% of assessed lake acres, and 32% of assessed bay and estuarine square miles were not clean enough to support uses such as swimming or fishing. The following reasons and possible sources for this include: Photo Source: Alan Liefting| * Sediments, pathogens and habitat alterations from agricultural activity and hydrologic modifications (such as dams) * Excessive nutrients, metals and organic enrichment from agricultural activity and atmospheric deposition (the movement of pollutants from one environment to another, such as from water to air) * Heavy metals (primarily mercury), excess nutrients and â€Å"organic enrichment† from industrial and municipal discharges (â€Å"treated† or untreated waste water released from sewer plants and industrial factories into natural water sources) These points listed above lead to a poisoned and uninhabitable environment for plants and aquatic life, as well as affect land animals and humans reliant on these systems for survival and other land-bound plant life in need of clean water for growth. Land Pollution Land pollution, the degradation of the Earth’s surfaces and soil, is caused by human activity and a misuse of natural resources. Causes of land pollution and degradation include: * Urban sprawl: Natural habitats are removed to make room for communities, usually with inefficient or irresponsible planning. Urban sprawl generally results in a waste of land area for unused development (such as excessive roads, decorative and unused areas, etc). * Poor agricultural practices: Animal manure runoff from CAFO (Confined Animal Feeding Operations), the use of chemical fertilizers, herbicides and pesticides, the practice of growing monocultures (only one crop season after season) and the deforestation required to expand farm land all contribute to degradation and pollution. * Personal consumption: Our modern culture’s desire to have more, bigger and better â€Å"things†, as well as our relationship to and habit of waste, has lead to stripping of the land, excessive mining and pollution from industrial activities. * Industrial activities: The production of chemical-laden plastics, poor quality of products, unethical practices (such as illegal dumping), and extreme emissions affect both surrounding and far-reaching areas. None of this takes into account illegal dumping, diminishing landfill space, litter,  overproduction of synthetic materials, radioactive waste and more. All land pollution is caused by a human impact on the environment and thus can be averted by our actions alone. Two of the necessary actions must be proper planning and proper usage of natural resources. For instances, animals could be taken out of CAFO and allowed to graze on mountainous or wooded areas unsuitable for buildings or crops. Using organic and sustainable farming techniques can eliminate our need for chemical applications. Clean energy, such as wind or solar power, can slowly begin to replace coal or nuclear plants. And as consumers we can lessen our human impact on the environment by demanding better quality products, environmentally ethical practices from industries and a shift toward sustainable energy. Air Pollution One bit of good news about our human impact on the environment is that air pollution is lowering and air quality is increasing. According to the U.S. Environmental Protection Agency, since 1990 to 2008: * Ozone decreased 14% * Lead decreased 78% * Nitrogen dioxide decreased 35% * Carbon monoxide decreased 68% * Sulfur dioxide decreased 59% However, 127 million people still live in areas that exceed quality standards. And some of the quality standards are far from ideal, such as ozone. The question is: what amount of air pollution is really okay? Shouldn’t we be striving for technologies or practices that virtually eliminate major polluters, such as: | Photo Source: Michael CavÃÆ' ©n| * Better public transit, electric cars, rail, and city planning etc to replace heavy commutes, fossil fuels, air travel and unwalkable communities * Retrofitting or otherwise upgrading existing factories with greener technologies such as solar panels or air filtration systems * Removing  animals from factory farms and raising them on natural diets and rotating pasture to reduce methane emissions and pollution The greatest human impact on the environment we can have is to vote with our pocket book and our actions. By supporting companies that use greener technologies, we can start a trend toward better solutions. By getting involved in community planning and zoning we can have a global impact on a local level. And by buying less â€Å"stuff†, eating less animal products and sourcing our food from sustainable farms, we can spread the word that better solutions do exist and they don’t have to cater to mega-corporations and lobbyist pressure. The Consequences Of A Human Impact On The Environment Man maketh a death which Nature never made. ~ Edward Young What most of us fail to realize is that we will never truly destroy Earth. The planet will always remain and its nature will change and adapt to the conditions. But we have evolved to rely on the very particular conditions currently in place. We have specific water and food requirements, can only tolerate certain temperature ranges and we must have an abundance of clean, breathable air. Just look at how the environment is affecting human health already. Thus the question is not whether the Earth can withstand a human impact on the environment. The real question is will we so change the environment as to drive ourselves (and other species) to extinction? Ready To Get Stepping? All of this information about the human impact on the environment is great to help you understand and formulate your own opinions to the issues, but the most important part is not your opinions; it’s how those opinions change your lifestyle. Don’t find fault. Find a remedy. ~ Henry Ford If you’re ready to get started, I’d recommend the following Steps first: * Top Ways To Go Green: These should be your starting points. They are the no-duh things and most of them are very easy to implement. * Going Green At Home: For most of us, our homes are probably our biggest carbon footprint. Pop over there to learn easy ways to save water, energy and other  resources.

Case study one Essay Example | Topics and Well Written Essays - 500 words

Case study one - Essay Example Yes. As a police officer the deputy should be aware of the new policies. He should have been aware of the margins on which can be considered as a "situation" for pursuit. In addition, the deputy also carries with him his personal firearm and a canine, which should not be allowed while on - duty or on patrol. No. There are still some specific parts that should be improved. This should include the refinement of the requisites for the rules of firing warning shots and high speed pursuits. This would greatly reduce overkill, as well as criticisms. This is not a magic potion for the financial and demographic dilemma of the community but this is a very productive step towards the success of having a very efficient police department in the community. This would basically increase amity among the people of the community. Yes, there are possible problems that may arise from both parties. Thus, in order to come to a practicable solution both should be aware of the problem and that both benefits and disadvantages should be presented. In order to achieve a more harmonious relationship between labor and management, a clear and effective line of communication should always be available. Both parties should be able to come up with feasible solutions that are acceptable to both. Yes, there is a need for the community to be involved in the design and implementation of the community policing.

Fake Brands Case Study Example | Topics and Well Written Essays - 500 words

Fake Brands - Case Study Example As promulgated in different copyright laws in various countries, intellectual property rights ought to be observed. In terms of the right to produce and distribute certain products, only firms with patents have the right to do so (Kotler & Armstrong, 2010). Essentially, the aim of each business is to make profits and the interests of different businesses can only be protected by different copyright and intellectual property laws that are designed to protect the interests of individual companies. These laws help to prevent other unscrupulous people from reaping profits where they did not sow in the first place. The sale of counterfeit products is regarded as a form of high degree fraud and also classified as a serious offence. Luxury brands are in most cases the victims of counterfeit trade mainly as a result of the fact that they have premium prices that are beyond the reach of many people. In most cases, counterfeit trade is intentional but it has spiral impacts on the original producers of goods that are imitated. The companies will end up failing to realise their envisaged profits as a result of the fact that the consumers will prefer to buy affordable copycats at the expense of the producers of original brands. On the other hand, unsuspecting consumers can also be defrauded since they are hoodwinked into believing that they are buying original brands only to realise that they are fake when they have been delivered. Counterfeit trade is a problem of serious concern across the whole globe. According to The Gurdian (28 April, 2014), â€Å"A specialist police unit has shut down more than 2,500 websites selling counterfeit goods believed to be worth tens of millions of pounds.† This shows the extent to which this problem is a serious cause of concern in different parts of the globe. Trade of counterfeit goods is a bad product though some people may justify it

The Ways in Which the Stock Market Operated Assignment

The Ways in Which the Stock Market Operated - Assignment Example One of the overarching lessons I learned was with regards to the necessity of diversifying risk. As a function of this newfound information and the fact that I am generally a fiscally rational and somewhat risk-averse individual, I pursued a conservative approach. I bought Alcoa because it is a multinational corporation with a solid industrial basis that has been proven to generate solid revenue over the past several years. Additionally, due to the fact that the stock price was low when I purchased I expected that it would again gain value. I bought Dish Network because the stock has performed well over the past 4 months and I expected that it would continue to be a solid investment. Furthermore, Dish Network has been performing well in its expansion efforts around the United States. I bought Macy’s stock due to the fact that it was a solid retail outlet that has lived a long and storied past. Furthermore, I bought it as it was low priced and had lost some value of late and I expected it to rebound. Coca-Cola was also purchased as a safe bet and a company that had lost a small amount of value when I picked the stock. Similarly, it has gained value, although not much, and represents itself in the way I expected it to within the portfolio. Similarly, UBS, the banking giant, was purchased due to the fact that it was on a massive rebound after the derailment experienced during the global economic meltdown of 2007-2008. This stock, in particular, has been the brightest performer in my portfolio. Intel was chosen due to the fact that it has been a solid performer in computing solutions for decades. Unfortunately, due to some key market forces that I did not anticipate the stock was the lowest investment ratio as it lost around 14% of total value. Apple was chosen due to the fact that it has been one of the brightest performing technological manufacturers within the past several years.As such, this student was not disappointed in the fact that it produced a high degree of revenue.  

Legal Immigration in the European Union Essay Example | Topics and Well Written Essays - 3750 words

Legal Immigration in the European Union - Essay Example The European Union has put into place immigration laws that have been approved by member states. With the constant threat of global terrorism member states are constantly on the lookout for possible terrorists that use the immigration laws to their advantage thus putting the population of the member states at risk. This paper explores the legal immigration legislation that the European Union has put into place. 1. Legal immigration as it appears in the European Legislation. The European Union has put into place legislation that attempts to regulate immigration and migration of workers. The economics and demographics of the European Union dictate managed migration. Obviously, the European Union does not want to encourage migration to areas within the Union that are currently economically depressed. It is in the best interest of member states to have immigration and migration managed to provide workers where there is a need for them. Still, with legislation in place, the Union has a problem with illegal migration, smugglers, and traffickers. The migrants seek work while the smugglers and traffickers make money off of the migrants. A. Persons from third countries are permitted entry into the European Union legally under many circumstances. ... It is well understood that the social well being of immigrants allows for social well being of the member states as well. Legal immigration can take the form of family reunification, long term resident status, student visas, and entry to researchers. The European Union also has guidelines, that member states are encouraged to follow, that include integration of immigrants into society, and 'best practices' for integration. The European Union has in place directives that combat illegal immigration, trafficking of illegals, and return of illegals to their country of origin when most practical. B. There are programs in place to assist member states in dealing with immigration issues such as ARGO (action program that assists with immigration issues), and INTI (an EU program that promotes integration of immigrants). C. The European Commission has installed legislation that governs legal immigration. Article 63(3) of the EC Treaty allows the European Union to draft and institute immigration policies that governs issues such as immigration and residency. The Amsterdam Treaty makes immigration an EU problem/responsibility. The Tampere European Council put into place agreements and legislation to consolidate immigration policies. Scoreboard is a program that follows implementation of immigration policies and reports status every six months. Finally, the treaty that created the European Union outlines the role of the European Commission. (EC of Justice and Home Affairs). 2. Discuss the recent legislations from the Amsterdam Treaty to 2007. Following the Maastricht Treaty (1993), which made immigration a common concern in the European Union, came the Amsterdam Treaty (1999) that put into

Spring Framework with MVC web applications Essay

Spring Framework with MVC web applications - Essay Example It simplifies Java development through four key strategies This is the framework for the programmer or the developer who wants to develop Java application using Plain Old Java Objects (POJOs) and then non-invasively apply enterprise services (Johnson, et al., 2011). Simply put, it is a one-stop-shop solution for developers of enterprise applications. The Spring framework has several features that are categories into modules. The diagram shown illustrates the key features of Spring. This framework avoids the clutter and gives you the ability to use only what you need. The core features of Spring framework are able to support declarative transaction management, remote access to the application logic through web services, and other main options for data persisting. Spring offers fully featured MVC framework and enables the programmer to transparently integrate AOP. Its key design is non-intrusiveness, which is no dependency on the framework. When a programmer talks about Spring, dependency injection and inversion control should echo. Dependency control makes the Spring framework more popular because it allows individuals and institutions to build robust, dependable applications that are easy to maintain. Spring addresses the main problems of J2EE regarding web application development, Enterprise Java beans, Database access (JDBC, ORM), transaction management and Remote access. The primary purpose is to reduce dependencies and even introduce negative dependencies. Spring is largely built around dependency injection and aspect oriented programming (AOP). During runtime, dependencies are injected thereby preventing hard-coded object creation and object lookup. It enables loose coupling and helps the developer to write effective unit tests. As a programmer, the Spring framework does need you to implement interfaces or extend classes. Instead, it allows the developer to focus on the actual app because the framework covers these

Restricted by cult of domesticity ideology Essay

Restricted by cult of domesticity ideology - Essay Example In 1848, feminists held the Seneca Falls Convention, led by such thinkers as Lucretia Mott, Susan B. Anthony, and Elizabeth Cady Stanton. In response to the cult of domesticity, this convention revised the Declaration of Independence into a Declaration of Sentiments, which contained a specific list of grievances held by women against men. This convention did not mark a sudden end to centuries of forced gender roles: in fact, 1950's television did much to usher in a newer era for the cult of domesticity, with its shows about model housewives who were able to vacuum, cook dinners, and handle minor household difficulties, all while smiling and wearing pearls. However, there is also a great deal of literature concerning the dissatisfied women that raised families under this line of thinking. Rebecca Harding Davis' novel Life in the Iron Mills and Frank McCourt's Angela's Ashes are two examples of works that explore the restrictions placed upon women by this cult of domesticity, using rhetorical devices and images richly to show the harm of this paradigm. Both stories parallel in their consideration of family roles, mutual obligations, and the ways in which gender expectations carry a heavy toll. The women that are central to the novel toil under the sway of men who are too boorish to notice the harm that the rules of domesticity are having on those around them. Both protagonists are men with blue-collar jobs, who come from families that have just entered the United States. Hugh is the main character of Life in the Iron Mills, a Welsh furnace worker, whose cousin, Deborah, secretly loves him. Davis uses a wealth of imagery to describe Hugh's life - his last name is Wolfe, which is suggestive of the primal forces that drive workers at the lowest end of the economic spectrum - and his routine seems to revolve around "eating rank pork and drinking molasses with occasional nights in jail for some drunken excess." Deborah, though, clearly suffers under the idea that the female is in charge of domestic affairs: after long days of picking cotton, she then is supposed to bring his meal the foundry every night, nursing a love that he is too self-involved to notice. The main character of Angela's Ashes is McCourt himself, as a young child who just has returned from the United States to Ireland, because life in America did not live up to its promise. Note the use of juxtaposition to describe his mother Angela, seen as "a pious defeated mother moaning by the fire." Three of the images (pious, mother, by the fire) could be seen as nurturing, positive images; however, the insertion of the words "defeated" and "moaning" in between those other images undermines the warmth of the domestic scene, showing the turmoil that rakes at Angela's soul. It is truly sad to see the depths to which Angela falls, because her connection with Frank's father began with an ill-fated "knee-trembler" (or sex against a wall, gaining its name from the couple "straining so hard their knees tremble with the excitement that's in it"(15). Of course, this one night of dissolution leaves Angela pregnant. If she had

Bristol University SWOT and PEST Analysis Essay

Bristol University SWOT and PEST Analysis - Essay Example Another strength is the financial stability and management. According to the annual records of the Bristol University in 2014, the university’s the Bristol’s financial statement shows cash flow generation of 10.1% in 2013/2014. This is a strong evidence on the university’s strong financial stability. The strong financial stability and management enhances Bristol University’s ability to invest in the innovation while also supporting the other areas of the growth (Shattock, 2015).   Additionally, the university’s simplicity in terms of scoring and structure makes it easy in charting the scores of the individual over time. This is specifically important in case studies. Other strengths include; cultural and linguistic diversity of the students/city/staff and the increasing international, responsive to change, increasing amount and the quality of the applied research, and home student recruitment and demand (Dyson, 2000).WeaknessesThe tightly constrai ned city center site where the Bristol University is located makes it hard for it to meet the current requirements for the space efficiency. This makes it hard for the new buildings to fit in. Another weakness is the university’s poor adaptability of the processes to changes and demand, and the unnecessary bureaucracy (Clark, 2014). This makes it hard in securing the lean processes in the organisation. Other weaknesses include; few endorsements, strains of expansion, and lack of the external clout.The increased international recruitment to Bristol University.

Personal Perception of Organized Crime Paper Essay

Personal Perception of Organized Crime Paper - Essay Example Militias in Somalia which are fighting the interim government in Somalia. This type of crime is well organized such that it may involve various associations of persons such as police, politicians, business people and criminals which are formed for the purposes of generating profits. In addition, view organized crime as one of the social vices that thrives well in an enabling environment, violating human rights and hence should be discouraged at all costs. To my view, organized crime is common in urban areas but as its structure advances, it encroaches the rural areas, for instance, the 'mungiki sect' in Kenya which is well established and organized both in the rural and urban areas of the country. The definitions presented in the readings acknowledge similar organized crime activities as the ones in my perception with an exception of illegal prostitution. Both my perceptions and the definitions given concur with the unique factor about organized crime i.e. it is 'organized' or 'controlled' in the manner of their operation. Both the definitions and my perception are of the view that, organized crime flourishes through provision/supply of services and goods that command a high demand in the society. Both perceive attainment of power and profits some of the goals of the syndicated crime. The definitions in the readings recognize that organized crime operates as ongoing enterprises which work rationally so as to generate profits by pursuing illegal activities. These enterprises insure their survival through the application of force or threats, and by corrupting public officials so as to secure a degree of protection against law enforcement. The definitions in the readings acknowledge illegal prostitution as one of the organized crime activities. These definitions acknowledges that the organized crime may entail legal acts; and that the organization may take hierarchical order with positions in the chain of command and the positions involving operational specialization being assigned on the grounds of either friendship, kinship or rational assignment based on skills(Sullivan, 2002). The definitions acknowledge attainment of pride and protection as being additional goals of the organized crime. The definitions acknowledge that members of an organized crime association who actively pursue its goals and to maintain the integral of the enterprise assume permanency. To maintain the discipline or to achieve the ends, members express and exercise willingness to use or engage in bribery and/or corruption. The definitions also note that membership of the organized crime enterprises is restricted and that nonmembers might be involved usually on an emergency/contingency basis. According to the definition of organized crime by Abadinski (1990), as quoted by Lunde (2004), "There are explicit rules, oral or written, which are enforced by sanctions that include murder (p.6). The definitions also note that the structure of an organized/syndicated crime relies on its particular illegal activity. According to Best and Luckenbill, as quoted by Lyman and Gary (2004), 'despite syndicated crime being highly organized, a particular syndicate involved in illegal trafficking of drugs will have a d ifferent structure as compared to a syndicated crime engaging in illegal prostitut

Education - Want Essay Example for Free

Education Want Essay We could say that an educated person is like a piece of artwork, it is open to the interpretation of the viewer. Just like every art work critique has their own opinion about an artwork, everyone has their own different interpretations of what an educated person is. One thing is clear though, in order to be a successful person in life, you do not need money, as well as in order to be an educated person, you do not need a college diploma. What you are willing to give up in order to become your best person depends on how much you truly want to accomplish that goal. Not everyone knows right away what they have a passion for. One has to explore new activities and only then will they be able to decide for themselves. Everyone expresses their opinion, and in my thought an educated person is the willing to put in time like Gladwell explains, claims their learning rights like Rich exercises, applies critical thinking and reasoning to work towards a success like Wagner emphasizes and lastly does not fall victim to adversity like my father focuses attention on. An educated person should always be willing to put in time. This means that they are willing to give up what they want now, for what they want most. For example, in Gladwell, Schoenfeld the math professor experimented with a young girl Renee, which took her approximately twenty-two minutes to figure the slope of a vertical line. â€Å"This is eight-grade mathematics If I put the average eighth grader in the same position as Renee, I’m guessing that after the first few attempts, they would have said, ‘I don’t get it. I need you to explain it. ’ (Gladwell 2008, pp. 245). † What Schoenfeld proved with this experiment was the willingness of Renee to continue the math problem. Of course, compared to the eighth grader, Renee had more self-discipline and wanted to continue on going until she was able to solve it. An educated person should be willing to put in time and work towards their goal. It will not be easy or given to the person, there is a lot of time and energy put to having what one wants. Another idea Gladwell explains is the amount of time one is willing to put in and how that makes one an expert. â€Å"Researchers have settled on what they believe is the magic number for true expertise: 10,000 hours† (Gladwell 2008, pp. 40). Gladwell’s idea of hard work and dedication to whatever it is that you want to become an expert at takes at least 10,000 hours. I agree with him, but only to a certain point. It is true that in order to become someone well knowledgeable on a certain activity or topic one must practice and put in time. I do not necessarily agree that 10,000 hours should be the exact number for â€Å"true expertise† as Gladwell calls it, but it definitely should not be a few hours. For example, ideally doctors should be one of the most specialized fields. They are ones performing their knowledge on people and I honestly would not want a doctor that has gotten a few hours of practice to do anything to me, because there is more of a chance that they are not as experienced as someone else that has been working for decades as a doctor. An educated person should be willing to put in time to practice which is what makes someone good at their specialization. Rich’s idea of â€Å"claiming an education† also applies within our pursuit to defining an educated person. Rich explains that a student should not think about education as â€Å"receiving it†, but to be thought of as â€Å"claiming it† (Rich 1979 pp. 365). Rich explains that claiming an education is taking as if one were the owner. I agree with Rich, students should have the mentality of taking the education being given to them. There is a difference between claiming what is rightfully yours, and taking what if rightfully yours. One difference is that when you claim something, you are putting in effort to learning what is being taught. For example, a student that goes to class and learns whatever the lesson was for that day, would in my terms be called receiving. On the other hand, if that same student were to go to the instructor’s office hours and basically use the resources that there are around campus, that would be claiming. The mere difference of going one step above the other makes the difference between the two. Rich also backs this idea of claiming, with the simple act of participating in class, becoming more engaged in class and the teacher’s professional life. This idea of claiming an education is not limited to those in school, because not every educated person goes to college, or needs a college degree. It is helpful in order to have something to fall back upon. One way we can connect the idea of claiming an education without going to school, could be my father’s story. His decision of dropping out of high school did not stop him from doing what he wanted to do. He claimed his rights to learning about how to create his own company and becoming a successful entrepreneur, without having a business college degree. Claiming your rights as a human being over all is what counts. Anyone should be able to express their passion for something. In my father’s case, he first started by working at a small local shop as a cashier, but he found himself not doing what he loved, â€Å"I loved helping people, make their houses bigger or just fixing their house up for them. † (Gomez 2014). My father eventually stopped receiving, and started claiming. An educated person is one who does not receive, but one that claims and demands their ability to practice their passion. Give a child a list of three words with a definition to each, allow them to memorize it and few minutes later, they can regurgitate it back to you. As an education major, it is easy to go a whole year teaching children a certain vocabulary words, or teaching them how to solve a math problem, but explaining why the answer is the answer, is a lot more difficult. Wagner explains that many students lack â€Å"intellectual challenges† (Wagner 2008, pp. xxv). A class lacking intellectual challenge for students can cause a downfall in the future. Providing students with more rigorous work and questioning their solutions, prevents them from finding lessons uninteresting and eventually leading them to want to drop the course, or worse yet, want to drop out of school. For example in history class, one has to remember specific dates, but also know why several of these specific events happened or what lead to it. I was one of them. Rarely do students remember what lead to wars, or life historically changing events, like the great depression because they are just taught either to memorize the dates or they find it easier to only remember the dates and names of important historical figures. The same concept can be applied to mathematics, where one has to know how to solve the problem, but does not always know why a certain formula was used or why it only works with that certain problem. According to Wagner, knowing the answer is not sufficient, one must know and be able to critically think about the end result. Therefore, an educated person should be willing to not only claim their education, but also be able to apply more critical thinking and reasoning. Which by later exercising that through practicing and preparing, one can accomplish their goals. Lastly, I interviewed my father, because he is the first man I have ever admired. He was able to successfully carry out a career that he did not go to college for. Matter of fact, he never went to college, and only completed a few years of high school. Through my interview with him, he allowed me to truly appreciate and admire him a lot more. One main adversity he got through was coming in to the United States, he believes that without coming to the United States his success would not have been possible. â€Å"Coming from a huge family, having 8 brothers and 7 sisters you did not always get what you wanted† (Gomez 2014). My father further explained that he was always having to share his things and he never had the opportunities that I have today. â€Å"I had to run a whole mile in order to get to class, there were no buses, because we lived in the country, and I had to run to the city every morning to get to school† (Gomez 2014). My father continues with his story, â€Å"every morning we all had to do chores, mine were taking care of the farm animals. I would milk the cows every morning and since I had to do my morning chores before school, sometimes I ran late and I had to go to school smelling like farm animals and sweat† (Gomez 2014). The dedication put into working back then is not the same today. For everything there is always an excuse made up. I myself have made many excuses, but it takes an educated person to not make excuses. He could have easily said I am not walking a mile to go to school, but he was determined. My father did not drop out of school because he was failing his classes. At age 18 he became an innocent victim in a shooting, in which he was shot in the stomach and had missed a big portion of his senior year. He was months away from graduating, but he never was able to complete his missed classes due to the lack of support from his teachers, he explained. He after started his own family and came to the United States when I was born. â€Å"You are the luckiest one of everyone in the family† he told me, â€Å"your sisters do not have the opportunity that you have and an educated person is one who can make the best situation out of a tough one† (Gomez 2014). Without doubt, my father was able to create a self-made company. He was the only one of his 15 siblings to become an entrepreneur, and today in my eyes he is the most successful. An educated person would ideally be my own father, who was willing to put in time to learn about his passion, claim his rights as a United States resident and created his own business, and lastly he did fall victim to adversity. An educated person and a successful person go hand in hand, but the definitions are endless, and open to many interpretations, but what makes either person educated or successful, depends on what they are willing to give up in order to become their best person. An educated person is one who no matter what is willing to put in time in order to be called an expert at his passion. Someone who rightfully claims the ability to carry out their love for their passion and lastly, someone who does not fall victim to adversity. ? Bibliography Gladwell, Malcolm. â€Å"The 10,000-Hour Rule† in Outliers, 34-68. New York: Little, Brown and Company, 2008. Gladwell, Malcolm. â€Å"Rice Paddies and Math Tests† in Outliers, 224-249. New York: Little, Brown and Company, 2008. Gustavo Gomez, interview by Alondra Gomez, April 28, 2014. Rich, Adrienne. â€Å"Claiming and Education† in On Lies, Secrets and Silence, 365-369. New York: W. W. Norton Company, 1979. Wagner, Tony. The Global Achievement Gap, intro xix-xxviii. New York: Basic Books, 2008.

Issues Contributing to Water Scarcity

Issues Contributing to Water Scarcity INTRODUCTION Around 1.2 billion people (almost one-fifth of the worlds population) currently live in areas of physical water scarcity, and 500 million people are approaching this situation (UN-WATER 2014). Although nearly 70 percent of the world is covered by water, only about 2.5 percent is fresh with the rest being saline and ocean-based. However, only 1 percent of our freshwater is easily accessible, with much of it trapped in glaciers and snowfields. Actually, only 0.007 percent of the planets water is available to fuel and feed its 6.8 billion people (National geographic 2014). Clean water is the water that is safe enough to be consumed by humans with low risk of immediate or long term harm (Wikipedia 2014). Water scarcity is the defined as the lack of access to adequate quantities of water for human and environmental uses However, the Water Project (2014) states that water scarcity can be explained in two ways, it is either the dearth of ample water (quantity) or it is the inability to be able to access safe water (quality). In developing countries, finding an infallible headspring of safe water is often tedious and dear. This is known as economic scarcity (a state where although water can be found, it just requires more infrastructure to access it). However, other areas experience physical scarcity, a situation where the water available is not sufficient. (The water project 2014). This essay will aim to describe the issues that may have contributed to water scarcity. FACTORS CONTRIBUTING TO WATER SCARCITY The issue of water scarcity is quite a thriving one, whilst the worlds population tripled in the 20th century, the amount of freshwater on earth has remained fairly constant. This means that yearly, the competition for a safe and copious supply of water intensifies. Web of Creation (2003) states that the main cause of the shortage of fresh water is global warming. Increase in the average temperature of mountainous areas can result in an altered precipitation mix amidst rainfall and snowfall, with more rain and less snow. This would lead to more flooding and overflow during the rainy seasons, this also results in a reduced amount of water that is usually held in glaciers for use during dry seasons. These mountain glaciers are all liquefying. The snow mass in the Himalayas, (the third largest in the world) is now beginning to wince at an increasing rate rate. Every major river in Asia originates in that snow mass. Global issues (2010) points out that another reason for water crisis is the commoditization of water. Promoting water as a commodity has led to an increased control of water by multinational corporations (MNC). The World Bank has encouraged countries around the world to privatize water access in the hope for increased efficiency as well as follow other policies such as removal of subsidies for such provisions. As a result, although there may be many people in terms of market access, the poor have found themselves being shut out as prices have risen beyond affordability. Tread softly (2013) explains that the over extraction of freshwater and other human intrusion with the water cycle is the immediate cause of water scarcity. Over-extraction of ground water has an upfront manifestation in the level of aquifers. If withdrawals (extraction) transcend the natural rate of recharge, the level of an aquifer will fall and ultimately drying up. In parts of India, the level of aquifers is said to have fallen more than 300 metres, this is associated to the dearth of control intensified by a policy of allowing farmers infinite access to water. Given how highly fragmented land ownership is in India, with majority of the populace being farmers, their waterloo is inevitable. India’s rate of extraction of ground water has been growing steadily from a base of 90 Billion cubic metres (bcm) in 1980 to about 251 Billion cubic metres (bcm) in 2010, whilst the rate in the United States has remained rather constant since 1980 (Luthra and Kundu 2013). In Africa south of the Sahara, where agriculture is predominantly rain-fed (that is, it relies on rainfall for water), farmers’ access to water is limited based on time (during droughts and dry seasons) and space (in arid areas). Water scarcity in these regions is not necessarily caused by a physical lack of water. Literally much of the region is primarily considered to suffer from economic water scarcity, which means that investments in water resources and appropriate human capacities are not substantial enough to meet water demands of the population (IFPRI 2013). Another cause of water scarcity could be the increasing rate of pollution of the water available. Majority of the biocides, fertilizers, sewage overflows, oil and grease eventually get into the water systems. The increasing loss of marshlands can be attributed to the fact that these runoff nutrients are not always sanitised by nature before they ultimately enter the body of water. More than 60 percent of US coastal rivers and bays are severely being reduced by nutrient runoff (web of creation 2003). CONCLUSION Increase in population has led to an increased demand for quality water. Water scarcity is a global issue which requires immediate attention. To ensure sustainability, steps should be taken to ensure that water is used in such a manner as it does not reduce the potential for the future generation to have access to quality water. Sustainable practices such as water recycle, minimization, etc. should be implemented to reduce the need for freshwater extraction. REFERENCES Global Issues (2010) Water and Development. [Online] Available at http://www.globalissues.org/article/601/water-and-development [Accessed 18-03-2014] Global Water Forum (2012) Understanding water scarcity: Definitions and measurements. [Online] Available at http://www.globalwaterforum.org/2012/05/07/understanding-water-scarcity-definitions-and-measurements/ [Accessed 10-03-2014] IFPRI (2013) What’s really causing water scarcity in Africa south of the Sahara? [Online] Available at http://www.ifpri.org/blog/what-s-really-causing-water-scarcity-africa-south-sahara [Accessed 18-03-2014] National Geographic (2014) Fresh Water Crisis. [Online] Available at http://environment.nationalgeographic.com/environment/freshwater/freshwater-crisis/#close-modal [Accessed 10-03-2014] Luthra, S. and Kundu, A. (2013) India’s Water Crisis: Causes and Cures. [Online] Available at http://www.nbr.org/research/activity.aspx?id=356#.UyGN9hpdXTo [Accessed 18-03-2014] The water project (2014) Water Scarcity and the Importance of Water. [Online] Available at http://thewaterproject.org/water_scarcity.php [Accessed 10-03-2014] Tread Softly (2013) Causes of Water Scarcity. [Online] Available at http://treadsoftly.net/water-scarcity/causes-of-water-scarcity/ [Accessed 18-03-2014] UN-WATER (2014) International Decade for Action ‘water for life’ 2005-2015. [Online] Available at http://www.un.org/waterforlifedecade/scarcity.shtml [Accessed 18-03-2014] Web of creation (2003) Problem: Fresh Water and Oceans in Danger. [Online] Available at http://www.webofcreation.org/Earth%20Problems/water.htm [Accessed 18-03-2014] Wikipedia (2014) Drinking water. [Online] Available at http://en.wikipedia.org/wiki/Drinking_water [Accessed 09-03-2014]

Causes and Consequences of Increased Intracranial Pressure

Causes and Consequences of Increased Intracranial Pressure CONSEQUENCES OF INCREASED INTRACRANIAL PRESSURE What is the Intracranial Pressure? Intracranial Pressure (ICP) is the hydrostatic pressure of the cerebrospinal fluid (CSF) in the subarachnoid space [4]. Cerebrospinal fluid is a watery fluid circulating in the subarachnoid space surrounding the brain and the spinal cord. This fluid is synthesized by the choroid plexus in cerebral ventricles and it is absorbed by the arachnoid granulations into the venous sinus system. So the CSF is the surrounding nature of the brain. Increased intracranial pressure Normal values for intracranial pressure are varying with age. Normal values for adults and older children are 10 to 15 mmHg, 3 to 7 mmHg for young children and 1.5 to 6 mmHg for term infants. ICP may be sub atmospheric in newborns [5]. Commonly 5 to 15 mmHg (7.5 to 20 cm H2O) is concerned to be normal adult ICP value [5]. 20 to 30 mmHg values are concerned as mild intracranial hypertensions but 20 to 25 mmHg values requires treatments and values more than 40 mmHg are severe life threatening situations [5]. Causes for increased intracranial  Pressure Increased intracranial pressure can be developed either by an increase in the pressure in CSF or by a space occupying lesion (such as brain tumors, bleeding in the brain, fluid surrounding the brain or swelling of the brain tissue. But in some situations those two types of reasons can be interrelated with each other. (e.g.: When the brain is swelling, its vasculature becomes compressed and this may lead to increase ICP. There is a concept called Monroe Kellie Doctrine. According to that hypothesis, skull is an enclosed rigid structure containing no compressive structures such as brain, blood and CSF. So an increase in one constituent or an expanding of one of them results in an increase in the intracranial pressure [6] Pg.76. Intracranial = Brain + CSF + Blood + Mass lesion Volume volumevolume volume volume But in infants, in the case of their skulls are not completely ossified, their skulls are some kind of incompatible with this hypothesis. According to that hypothesis an expanding mass, an increase in brain water content , an increase in cerebral blood volume (by vasodilation or venous outflow obstruction) or increase in CSF are the factors for an increase in intracranial pressure [6] Pg.76. However there are some compensatory mechanisms for regulating intracranial pressure increases [6] Pg.76. Immediate actions 1.Decrease of CSF volume (CSF outflow to the lumbar theca. 2. Decrease of cerebral blood volume. Delayed actions Decrease of extra cellular fluid. There are number of causes responsible for increased intracranial pressure. They may be either occurring individually or in combination with others. Primary causes for increased ICP[7,8,9] This is also called as Intracranial Causes. They occur within the cranium. Brain tumor – Tumors lead to increase in brain volume. So according to the Monroe Kellie doctrine ICP increased. Trauma – There are various types of head injuries. They can be close or open (penetrating) injuries. It can be lead to concussion (shaking of the brain as a result of trauma), scalp injuries, skull fractures. Those traumas may cause to bleeding within the brain tissue or bleeding in the layers that surrounds the brain. There are three types of bleedings occurring in the layers surround the brain. Subarachnoid hemorrhage – bleeding into the subarachnoid space. Subdural hematoma – bleeding into the subdural space Extradural hematoma – Bleeding into the epidural space. All those types of bleedings cause in increasing ICP. Non traumatic intra cerebral hemorrhage – These hemorrhages can occur by aneurysm of cerebral arteries in the brain. Aneurysms are localized excessive swellings of an arterial wall. So they have more potential to rupture and this leads to subarachnoid hemorrhage. Ischemic stroke – Stroke (or Brain Attack) is the death of brain cells due to an inadequate blood flow [4].So in strokes, as a response to the brain cell death, brain swelling occurs. Hydrocephalus – Hydrocephalus is an increase in CSF volume. Cerebrospinal fluid is secreted by the choroid plexus of the lateral, third and fourth ventricles and flows in a caudal direction and enters the sub arachnoid space through the foramina of Lushka and Magendie. At the end of the circulation absorb into the arachnoid granulations. Rate of formation CSF usually is about 500ml/day. Hydrocephalus occurs commonly due to impaired absorption and rarely by excessive secretion. There are two types of hydrocephalus, Obstructive hydrocephalus – Obstruction of the CSF flow within the ventricular system. Communicating hydrocephalus – Obstruction of the CSF flow outside the ventricular system. Increased intracranial pressure can be seen as a direct effect of hydrocephalus. Idiopathic (benign) intracranial hypertension [6] Pg. 363 – This term means an increase in intracranial pressure without any mass lesion or hydrocephalus. Some clearly identified causal links (e.g.: venous outflow obstruction to CSF absorption) or obscured causal links (e.g.: diet, endocrine, hematological, drugs) cause for that. Other causes – Pseudotumorcerebri, pneumocephalus, abscess, cyst. 2. Secondary causes for increased ICP These are also called as extra cranial causes. So it is caused by extra cranial factors. Examples include, Airway obstruction Hypertension or hypotension Hypoxia or hypercarbia Posture Seizures Hyperpyrexia Drugs Other (High altitude, cerebral edema, hepatic failure ) 3. Post-operative causes for increased ICP This type of intracranial hypertension may occur after a neurosurgical procedure. Mass lesion/hematoma/edema An increase of cerebral blood volume by vasodilation. Disturbances of CSF flow. Clinical symptoms appear with increased intracranial pressure [11, 12] Headache [11] Papilledema – This is the swelling of the optic nerve occur most of times as a result of increased intracranial pressure [10]. Projectile vomiting – This is a vomiting without nausea. Increased blood pressure Double vision Pupils do not respond to changes in light Visual field abnormality – Loss of peripheral and inferior nasal visions. Seizure or convulsions Neurological problems include balance issues, numbness and tingling, memory loss, paralysis, slurred or garbled speech or inability to talk. COMA Stiff neck – Neck becomes mostly stiff and painful. Some researchers says the reason for that is the stretching of the spinal nerve sheaths where they exit the spinal cord by the pressure passing down from the brain [10]. Pain in the arms Loss of consciousness Back pain Shallow breathing In addition to those symptoms, in infants can be seen following [12], Separated sutures on the skull Bulging fontanellae Not feeding or responding normally Consequences of increased intracranial pressure Intracranial hypertension is involved with the pressure in the skull or in another words, the pressure around the brain and the spinal cord. Therefore increased intracranial pressure becomes a life threatening situation. There are some possibilities or consequences of increased intracranial pressure involved. These complications can be categorized into different topics such as Displacement effects, Hydrocephalus, complications in cerebral perfusion, seizures. Displacement effects [5,3,6 pg. 76-80] The cranial cavity is divided into compartments, separated by dural folds called falx cerebri and tentorium cerebelli. These folds limit brain structures within those compartments, but due to a space occupying lesion, pressure gradients occur in between these compartments. As a result brain shifts and herniation occur. This herniation can be categorized into two subjects, Supratentorial herniation (uncal, central, cingulate, transclaviral) Infratentorial herniation (upward, tonsillar) Supratentorial herniation Subfalcine herniation – In this case the cingulate gyrus is pushed laterally away from the expanding mass (like hematoma) beneath the falx cerebri. This may interfere with blood vessels in the frontal lobes which are placed at the site of injury. This may cause intracranial bleeding and severe rise in intracranial pressure and more dangerous types of herniation. Symptoms are not clear related to this herniation but usually present with abnormal posturing and coma. This type of herniation can be a precursor to other types of herniation. Uncal (transtentorial, uncinate, mesial temporal) herniation – This is the herniation of the Uncas in medial temporal lobe from the middle cranial pressure into the posterior cranial fossa into the posterior cranial fossa across the tentorial opening. So the Uncas of the temporal lobe is forced into the gap between the midbrain and the edge of the tentorium. There are main possible complications of this herniation, Compression of cranial nerve (III) – In the case of herniation, ipsilateral occulomotor nerve may compress as it passes between the posterior and superior cerebellar arteries. In initial states ipsilateral dilation of pupil (do not respond to light) can be seen as the first clinical sign because the parasympathetic fibers are placed outside the nerve, which are getting paralyzed first during the compression. After that as the herniation improving moreover the contralateral pupil may also dilated and further compression of the nerve may lead to interfere with the somatic supply of extra ocular muscles (except lateral rectus which is supplied by abducent nerve and the superior oblique which is supplied by trochlear nerve) causing the deviation of the eye to downwards and outwards. Compression of the midbrain cerebral peduncles – Commonly the ipsilateral cerebral peduncle gets compressed showing contralateral hemiparesis or hemiplegia. Since the herniation displaces the midbrain laterally, the contralateral cerebral peduncle gets compressed against the edge of the tentorium cerebelli resulting ipsilateral hemiparesis or hemiplegia (when it happens alone) or quadriplegia (when both cerebral peduncles are compressed. Compression of the posterior cerebral artery – Posterior cerebral artery or its branches may be compressed against the free edge of the tentorium cerebelli causes hemorrhagic infraction on the medial and inferior sites of the ipsilateral occipital lobe. The lesion may often confine to the posterior cerebral artery, leading to homonymous heminospia. If the occipital lobe lesions are bilateral, cortical blindness is a clinical sign (patient may not understand visual images, but pupillary reflexes are intact) Compression of the brain stem – Compression of the brainstem may low in the midbrain and may gradually increase caudally. As a result patient will become comatose and develop cardiac and respiratory changes. There are two types of events mainly occurring during the brainstem compression. Secondary brainstem hemorrhages (Duret hemorrhages) – Due to the compression and stretching of vessels (especially veins) these hemorrhages occur. Death may ensure due to the direct destruction of the pons and midbrain. Changes in respiratory, postural and occulomotor actions – These changes occur due to the compression transmitting downwards from the midbrain. Finally as a result of damage to the medulla leads to slow irregular respiratory movements, irregular pulse and falling of blood pressure, as well as death is due to the respiratory arrest. Central herniation – This is due to a supratententorial space occupying lesion and downward displacement of brainstem and diencephalon. Progressive decline in neurological status so called Rostrocaudal Detoriation (or Rostrocaudal Decompensation) can be seen in this situation. Lesions located medially or within the frontal pole will not compress the midbrain and diencephalon laterally and they straight to Rostrocaudaly dysfunction of the brainstem leading bilateral progression of impairment. Herniation may stretch the branches of the basilar (pontine) arteries and tear them generating Duret hemorrhage, usually causes to death because of the infraction of the midbrain and the pons. Clinical signs initiating with changes in consciousness start with reducing alertness leads to drowsiness, stupor and finally coma. There are list of incidents occur with central herniation and their related causes. Respiratory changes due to various sites of lesions Site of lesion Respiratory pattern Diencephalon Chyne-Stokes respiration Midbrain Central neurogenic hyperventilation Pons Apneustic respiration Medulla Ataxic respiration Changes in postural reflexes Decorticate Rigidity – Sign of leg extension and arm flexion caused by widespread lesions in the cerebral cortex. Decerebrate rigidity –sign of extension of both arms and legs due to the lesions disconnecting cerebral hemispheres from the brainstem(e.g. Upper midbrain lesions) Pupillary changes – Studying those pupillary changes in comatose patients may helpful in revealing the general location of lesions. Small reactive pupils – Compression of the diencephalon impairs sympathetic nerve fibers originate there and these impairment affects the sympathetic dilation of pupil straight to constricted small pupils. Dilated fixed – Compression of one cranial nerve (iii) by the uncus compressing parasympathetic fibers travelling outside the nerve and this impairment of parasympathetic supply causes to dilate the pupil of the same side and loss of reaction to the light changes in that pupil. Midposition fixed – Bilateral compression of both occulomotor nerves or compression of the midbrain results in impairment of both parasympathetic and sympathetic fibers in both sides travelling to the pupil and as a result pupils come in to a midposition and are non-responsive to light fluctuations. Ocular movements – Pathways for ocular reflexes are localized in the brain stem, so that they are useful in testing pathways in comatose patients. Abducent and contralateral occulomotor nuclei are connected by the Medial Longitudinal Fasciculus (MLF) to produce conjugate deviation of the eyes. Caloric stimulation or oculovestibular reflex is, when water put into ear, a passive head turning occurs. Usually the occulomotor responses to that stimulation also in a similar way producing oculocephalic reflex or Doll’s eye movements. This eye movement does not occur in conscious patients because their pupil will stay looking straight ahead in front of the face when the head is turned, so this can be only seen in comatose patients. When a comatose patient shows the oculocephalic reflex, his brainstem is intact (Both eyes are deviated into the same sides opposite to the head movement, when the patient’s head is turning side to side. The eyelids must open and hold to observe the deviation of eyes). But if the MLF is affected the eyes will not move towards the same side. But to show these results CN III should intact. Extracranial/Transcalvarial herniation – This is the herniation of the brain through an opening in the cranial cavity formed by trauma or at a surgical site. Infratentorial herniation Tonsillar herniation [6] pg.: 79 – This is the downward herniation of the cerebellar tonsils through the foramen magnum. Usually caused by posterior cranial fossa mass lesion. But also can be due to a midline Supratentorial mass or as a result of edema. In that case the compression of the medulla leads to a depression of the vital centers for respiration and cardiac rhythm control. Sudden cardiorespiratory arrest or a slow progression over a day or two may be manifested as clinical symptoms. Upward/Cerebellar herniation [5] – Increased pressure in the posterior cranial fossa leads to upward movement of the cerebellum through tentorial opening. Midline shift of the brain Midline shift is the shifting of the brain from its center line [1]. This is a direct result of increased intracranial pressure and can be occurred by traumatic brain injury, stroke, hematoma, or birth deformities. So midline shift can be used as an indicator of ICP and a midline shift of over 5mm indicates an immediate surgery [1]. There are 3 structures mainly investigating in a midline shift. They are septum pellucidum (between right and left ventricles), third ventricle and the pineal gland [2]. The degrees of displacement of these structures are aided in determining the severity of the shift. Interaction with cerebral blood flow There is a connection between cerebral perfusion pressure (CPP), mean systemic arterial pressure (MAP) and Intracranial pressure (ICP) as follows [5]. CPP = MAP – ICP As the CPP is the driver of the cerebral perfusion, cerebral blood flow is determined by both MAP and ICP. Therefore CPP can be reduced by an increase of ICP or a decrease of MAP. However the brain can auto regulate the cerebral blood flow through an auto regulatory process in 50 to 150 mmHg CPP range. But below 50 mmHg CPP values the brain can’t compensate and cerebral blood flow and cerebral perfusion pressure decreased. Seizures This is a sudden electrical activity of brain [7]. Most of the time acute increased intracranial pressure may cause for trigger a seizure [3]. References [1] Gruen P (May 2002) â€Å"Surgical management of head trauma†. Neuroimaging Clinics of North America 12 Pg.339-43 [2]Xiao,Furen,Chiang,Wong,Tosai,Hung,Liao(2011) â€Å"Automatic measurement of midline shift on deformed brains using multire solution binate level set method and Hough transform†. Computers in biology and medicine journal 41 Pg.756-762 [3]Principles of neurology Raymond D Adams Maurice victor.2nd edition. [4] www.medical –dictionarythefreedictionary.com [5]Neuroclin. May 2008:26(2):521-541. â€Å"Management of intracranial hypertension† Lonero Rangel Castillo (MD), Shankar Gopinath (MD) and Claudias Robertson (MD) via www.ncbi.nlm.nih.gov/pmc/articles/pmc 2452989 #R4 [6] â€Å"Neurology and neurosurgery illustrated† by Kenneth W Lindsay [7]www.bja.oxfordjournals.org/conten/90/1/39.long [8] Friedman DI Medication-Induced Intracranial hypertension in dermatology A M J clin Dermatology 2005 29-37 via PubMed [9]Jacob S Rajabally Y A. intracranial Hypertension induced by rofecoxib. Headache 2005 75-76 via PubMed [10]Digre K warner J â€Å"Is vitamin A implicated in the pathophysiology of increased intracranial pressure? Neurology 2005 64, 1827 via PubMed [11]www.healthline.com [12]PubMed health â€Å"Increased intracranial pressure† www.ncbi.nlm.nih.gov/pubmedhealth/pmh0001797/

Investigating Prion Diseases Essay -- BSE Prion Mad Cow Disease

Investigation of Bovine Spongiform Encephalopathy (BSE), Sporadic Creutzfeldt-Jakob Disease (sCJD), New Variant Creutzfeldt-Jakob Disease (nvCJD), and the Controversy of the Etiological Agents Responsible for these Transmissible Spongiform Encephalopathies (TSEs) The connection between bovine spongiform encephalopathy (BSE), known conventionally as mad cow disease, and new variant Creutzfeldt-Jakob disease (nvCJD) has brought BSE to the public eye. The disease in cattle seems to have crossed the species barrier and develop into a fatal disease in humans, both belonging to the group of diseases known as transmissible spongiform encephalopathies (TSEs). Now a single cow infected with BSE raises public anxiety because of the belief that humans who ate infected meat will sicken and die because of nvCJD. But how concrete is this connection between BSE and nvCJD? Though experimental data supports the connection, many questions have still not been answered. Recently, new studies have been done to find an alternative etiological agent to these diseases grouped as TSEs, and three UK scientists have linked BSE, sporadic Creutzfeldt-Jakob disease (sCJD), and possibly nvCJD with multiple sclerosis (MS) in a surprising new claim that all three diseases ar e actually autoimmune diseases. Transmissible spongiform encephalopathies (TSEs) came into contact with the human world as early as 1732 through an Englishman's description of scrapie, a TSE that occurs in sheep and goats; there may have been even earlier cases in the 1690's if the disease dubbed â€Å"la Tremblante† in France referred to scrapie. (Ebringer et al., 2005) TSEs are â€Å"distinct from any other amyloid-based diseases in that they alone are transmissible.† (Brown, 2004, p. 335) This d... ...m encephalopathy and Creutzfeldt-Jakob disease: facts and uncertainties underlying the causal link between animal and human diseases. Neurol Sci (25), pages 122-129. Retrieved July 25, 2005 Brown, P. (2004). Mad-cow disease in cattle and human beings: bovine spongiform encephalopathy provides a case study in how to manage risks while still learning the facts. American Scientist v29 i4, pages 334-342. Retrieved July 25, 2005 Ebringer, A., Rashid, T., Wilson, C. (2005). Bovine Spongiform Encephalopathy, Multiple Sclerosis, and Creutzfeldt-Jakob Disease Are Probably Autoimmune Diseases Evoked by Acinetobacter Bacteria. Annals New York Academy of Sciences, pages 417-428. Retrieved July 25, 2005. doi:10.1196/annals.1313.093 Ï€Everbroeck, B., Boons, J., Cras, P. (2004). Cerebrospinal fluid biomarkers in Creutzfeldt-Jakob disease. Bunge Foundation. Retrieved July 25, 2005

Gender Stereotypes in Media Essay example -- Media Stereotyping of Me

The judgments we make about people, events or places are based on our own direct impressions. But for most of the knowledge, we rely on media. The media actually re-present the world to us. However, the media only shows us some aspects of the world, ignoring the rest. So basically, the media chooses what is to be shown and what is to be discarded (Andrew Pilkington and Alan Yeo (2009)). . In this essay, I will explain what stereotypes are and primarily give an example of a famous men’s magazine called ‘nuts’ and explain how these stereotypes are created by print and the digital media and what are their impacts on people. Stereotypes can be defined as an exaggerated belief about an individual or a group based on their appearance, behavior or beliefs. Though our world seems to be improving in many other ways, it seems almost impossible to emancipate it from stereotypes. Today, the media is so powerful that it can make or break an image of a person and also can change the views of the audience. ‘Gender refers to the cultural nature of the differences between the natural biological sexes of male and female’ (Long, P & Wall, T (2009)). Gender is perhaps the basic category we use for sorting human beings. The media mostly portrays men as strong, masculine, tough, hard and independent while women are shown as fragile, soft, clean and mostly 'sexy'. Whatever the role, television, film and popular magazines are full of images of women and girls who are typically white, desperately thin, and tailored to be the perfect woman. The representation of women on the print and the visual media mostly tend to be stereotypical, in terms of societal expectations (mediaknowall.com). These days, most of the fashion magazines are full of white ... ...ogy in focus for AQA A2 Level. 2nd ed. Britain: Causeway Press.p99-112. Branston, G & Stafford, R (2010). The Media Students Book. 5th ed. London: Natalie Fenton, Goldsmiths, University of London, UK. 22. Harper, S. (2008). Stereotypes in the Media. Available: http://www.edubook.com/stereotypes-in-the-modern-media/9200/. Last accessed 2nd May 2011. Long, P & Wall, T (2009). Media Studies- Texts, production and context. Italy: Pearson Education Limited 2009. p82-85. Wilson, K. (2010 - 2011). Gender and Media representation. Available: http://www.mediaknowall.com/as_alevel/alevkeyconcepts/alevelkeycon.php?pageID=gender. Last accessed 1st May 2011. Wright, M. (2005). Stereotypes of women are widespread in media and society. Available: http://www.quchronicle.com/2005/02/stereotypes-of-women-are-widespread-in-media-and-society/. Last accessed 4th May 2011.

HTML Language :: Essays Papers

HTML Language HTML – Hypertext Markup Language HTML is the language for publishing hypertext on the World Wide Web. This scripting language can be created and processed by a wide range of tools, from simple plain text editors - to sophisticated WYSIWYG (What You See Is What You Get) authoring tools. HTML uses tags to structure text into headings, paragraphs, lists, hypertext links etc. A convenient way to automatically fix markup errors is to use the HTML Tidy utility. This makes the document easier to read and edit. Tidy is very effective at cleaning up markup created by authoring tools with sloppy habits. Tidy is able to fix up a wide range of problems and to bring to your attention things that you need to work on yourself. Each item found is listed with the line number and column so that you can see where the problem lies in your markup. Tidy won't generate a cleaned up version when there are problems that it can't be sure of how to handle. These are logged as "errors" rather than "warnings". HTML has three variants. You specify which of these variants you are using by inserting a line at the beginning of the document. Each variant has its own DTD - Document Type Definition - which sets out the rules and regulations for using HTML. When you want to use a tool to validate the HTML document, the tool will know which variant you are using. Transitional – Used when writing Web pages for the general public, when pages are accessible for viewing in older browsers. An advantage here is the support of style sheet, which include different features used in BODY such as bgcolor, text and link attributes. *!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN" "http://www.w3.org/TR/html401/loose.dtd"* Strict - Used when we want really clean structural mark-up, free of any tags associated with layout. It is used together with W3C's Cascading Style Sheet language (CSS) to get the font, color, and layout effects we want. *!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01//EN" "http://www.w3.org/TR/html401/strict.dtd"* Frameset - Used when we want to partition the browser window into two or more frames.

Trade Mark

TRADE MARK 1. 1. The History Of Trademark Law The marking of goods for various purposes, including identifying them from those of other traders, dates back to ancient times. In the same way, the existence of rules governing the use of such marks goes back to the medieval craft guilds. A â€Å"trademark for commercial goods† necessarily requires commercial goods; in societies based on the barter system, therefore, there was no basis for â€Å"trademarks for goods. † Trademarks not only identify goods, but create a distinction between goods from various sources.Consequently, a competitive relationship exists, and an overly simplistic mark is insufficient to be a trademark. The trade of goods came into practice long ago, and the use of trademarks is thought to have evolved from that. The origin of trademarks can be traced back as far as the beginning of the circulation of goods. The history of marks is nearly as old as the histories of mankind and religion. Scientists have come across excavated artifacts from places such as ancient Egypt with various symbols carved thereon for religious and superstitious reasons. Potters marks† appeared in relics left from the Greek and Roman periods and were used to identify the maker (potter) of a particular vessel). Among those who specialize in researching the cultural heritage of marks, the studies surrounding â€Å"potters marks† are famous. It would be difficult, however, to say that these marks are trademarks in the sense of the modern meaning. Over time, different methods of identification and distinction developed. Loved ones and pets were given names. â€Å"Proprietary marks† (in the form of a name or symbol) were affixed to goods to enable one person to distinguish their own possessions from those of others.Craftsmen applied their names, unique drawings, or simple inscriptions to identify goods they created. Even though these marks surely helped in distinguishing goods, it is difficult to say that these marks were trademarks with distinctiveness in the modern sense of the word. Symbols on goods used in ancient Rome and other countries near the Mediterranean sea had similar characteristics to the trademarks of today. Because this ancient region is considered to be the first to actively circulate goods, it is widely thought that trademarks evolved in response to the emergence of a society in which goods circulate in commerce.However, even in those days, a trademark system based on property rights did not yet exist. Around the 10th century, a mark called a â€Å"merchants mark,† appeared, and symbols among traders and merchants increased significantly. These marks, which can be considered one kind of â€Å"proprietary mark,† essentially were used to prove ownership rights of goods whose owners were missing due to shipwrecks, pirates, and other disasters. Even now, in every part of the world, horses, sheep, and other animals are still branded with a mar k identifying the owner.In Japan, a symbol is affixed to lumber that is tied onto a raft and sent down a river to its mouth. These types of marks are reminiscent of the â€Å"merchant's mark† of the past. In guilds of the middle ages, craftsmen and merchants affixed marks to goods in order to distinguish their work from the makers of low quality goods and to maintain trust in the guilds. These marks, known as â€Å"production marks,† served to punish the manufacturers of low quality goods for not meeting the guild's standards and to maintain monopolies by the guild's members.These production marks helped consumers to identify and assign responsibility for inferior products, such as, goods short in weight, goods comprised of poor quality materials, and goods made with inferior craftsmanship. Because these marks were affixed out of compulsion or obligation, rather than one's own self-interest, they also became known as â€Å"police marks† (polizeizeichen) or †Å"responsibility marks† (pflichtzeichen). They acted not only to distinguish between sources of goods, but to serve as an indicator of quality as well.While modern marks work to ensure the quality and superiority of certain goods, the obligatory marks served to uncover defective goods. â€Å"Responsibility marks† were more burdensome than real property, and could not be changed easily once the mark had been adopted. Furthermore, it is thought that this type of mark did no more than simply guarantee minimum quality. Finally, these symbols were different from modern marks in that they emerged to benefit the guilds, and were not for the benefit of the production mark owner.From the Middle Ages, through â€Å"police marks† and â€Å"responsibility marks,† modern trademarks slowly developed as the Industrial Revolution sparked the advent of what is now modern-day capitalism. Gradually, the guild systems disintegrated, and free business was established. Marks be gan to actively identify the source of goods rather than obligatory guild membership. About this time, special criminal laws protecting trademarks were also developed out of early forgery, counterfeiting, and fraud laws.Civil protection was gradually and systematically established against those who would use another's mark with out permission (â€Å"infringers†). In France, the â€Å"Factory, Manufacture and Workplace Act† of April 20, 1803, (Article 16) is internationally noted for establishing a system which made it a crime to pass off another's seal as one's own. Further, the Criminal Acts of 1810 (Article 142) and 1824 (Article 433) made it a punishable crime to abuse the name of others or wrongly use the names of production areas.Under the English common law system, fraud and the improper use of marks known as â€Å"passing off† an action for which remedies were contemplated that continue today. A trademark equity law was added eventually to supplement comm on law protection, but England did not establish a comprehensive system for trademark protection until 1905, nearly 50 years after the establishment behind France. Prior to the 1905 Act, â€Å"The Merchandise Marks Act,† which focused on provisions dealing with deceptive indications, was passed on August 7, 1862. The â€Å"Trade Mark Registration Act† was also passed in 1875.The 1905 Act was amended in 1919 and 1937, until a new Act was passed in 1938. This Act fundamentally changed the system in many ways, permitting registration based on intent-to-use, creating an examination-based process, and creating an application publication system. It equipped the English system with advances that surpassed the trademark law of France at that time. Consequently, U. S. and Japanese trademark laws were greatly influenced by the 1938 Act. American trademark law was initially influenced strongly by English trademark law. In the U. S. various avenues are available for seeking a reme dy. The state courts will adjudicate based on state registration or common law right; the federal courts will adjudicate based on federal registration. The trademarks in the U. S. that are owned by Japanese companies are primarily federally registered trademarks. On July 8, 1870, the Federal Trade Mark Act was enacted as the first U. S. federal law to protect trademarks. In 1879, however, the U. S. Supreme Court held the law was unconstitutional due to a conflict with the provision on patents in the U. S. Constitution. It was therefore abolished.In its place, a trademark law was enacted on March 3, 1881 that targeted trademarks used in interstate commerce (and in the commerce with Indian tribes) based on the interstate commerce clause in the U. S. Constitution (art. 1, sec. 8, cl. 3). This law, however, was unable to accommodate the development of the American economy and underwent a major amendment in 1905. It underwent further partial revisions occasionally during subsequent years . Upon the enactment of the Lanham Act on July 5, 1946, American trademark law came to rank equally with English or German trademark laws.The Act was named after a congressman who had devoted himself to its creation in. The first trademark law in Pakistan was passed in 1940 and was known as the Trade Marks Act, 1940. Thereafter in order to comply with its international obligations, the Government of Pakistan decided to amend and consolidate the law relating to trademarks and unfair competition to provide for registration, better protection of trademarks, and the prevention of infringement. Therefore, the President of Pakistan passed the Trade Marks Ordinance, 2001.Trademark law in Pakistan is presently governed by the Trade Marks Ordinance, 2001 and the Trade Marks Rules, 2004. 2. 1. What is a trademark? A trademark is a sign that is used to identify certain goods and services as those produced or provided by a specific person or enterprise. Hence, it helps to distinguish those good s and services from similar ones provided by another. For example, â€Å"DELL† is a trademark that identifies goods (computers and computer related objects). â€Å"CITY BANK† is a trademark that relates to services (banking and financial services).A trademark is any mark capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings. A sign can include a letter, word, name including personal name, signature, figurative element, numeral, device, brand, heading, label, ticket, aspect of packing, shape, color, sound or any combination of these features. Figure: famous trademark logos 2. 2. Kind of signs can be used as trademarks * Trademarks may consist of a word (e. g. Kodak) or a combination of words (Coca-Cola), letters and abbreviations (e. . EMI, MGM, AOL, BMW, IBM), numerals (e. g. 7/11) and names (e. g. Ford, or Dior) or abbreviations of names (e. g. YSL, for Yves St-Laurent). * They may consist of drawings (like the logo of the Shell oil company, or the Penguin drawing for Penguin books), or three-dimensional signs such as the shape and packaging of goods (e. g. the shape of the Coca-Cola bottle or the packaging for the Toblerone chocolate). * They may also consist of a combination of colors or single colors (e. g. the orange color used for ORANGE telephone company).Even non visible signs, such as music and fragrances, may constitute trademarks. 2. 2. 1. The Trademark Must Be Distinctive it must be capable of distinguishing the goods or services with which it is used. A name which is purely descriptive of the nature of the goods and services that are offered may not constitute a valid trademark. For example, Apple may serve as a trademark for computers but not for actual apples. However, a given trademark may not be distinctive from the outset, but may have acquired distinctive character or â€Å"secondary meaning† through long and extensive use.Figure . Proposed matrix of trademark types inspired by Weckerle (1968) original taxonomy. 2. 3. Types Of Trademark Exist In addition to trademarks identifying the commercial source of goods or services, several other categories of marks exist. 1. Collective marks are marks used to distinguish goods or services produced or provided by members of an association. Collective marks are marks used to identify the services provided by members of an organization (e. g. UAW for United Auto Workers). 2.Certification marks are marks used to distinguish goods or services that comply with a set of standards and have been certified as such (e. g. The Woolmark symbol to show that products are made from 100% wool and comply with performance specifications set down by the Wool mark Company. It is registered in 140 countries and is licensed to manufacturers who are able to meet these quality standards in 67 countries). Figure . Examples of trademarks designed or altered for specific population segments. 3. 4. What function does a trademark perform?Trademarks may perform different functions. In particular they * help consumers identify and distinguish products or services; * enable companies to differentiate between their products; * are a marketing tool and the basis for building a brand image and reputation; * may be licensed and provide a direct source of revenue through royalties; * are a crucial component of business assets; * encourage companies to invest in maintaining or improving quality products; and * may be useful for obtaining finance. . 5. How is a trademark protected? The most common and efficient way of protecting a trademark is to have it registered. 3. 6. 1. Requirements for Trademark Protection 3. 6. 2. 1. Inherent Distinctiveness This requirement is fundamental to the nature of trademark. Anything claiming protection under trademark principles must be capable of identifying the particular goods and services with which it is used, and distinguishing those goods and services from the goods and services of others in the marketplace.Categories (Distinctiveness Spectrum) of marks of generally increasing distinctiveness are (1) generic, (2) descriptive, (3) suggestive, and (4) arbitrary and fanciful marks. 3. 6. 2. 2. Acquired secondary meaning Provides for trademark protection of marks that are not inherently distinctive, descriptive marks usually rely upon special proof of distinctiveness before protection be afforded by common law and statute.Descriptive marks must be shown to have acquired customer recognition (secondary meaning), which serves primarily to identify the source of the products or services, and not merely to describe their nature, quality, characteristics, ingredients, or geographic origins. Generic marks constitute the very product and, therefore, cannot be registered or appropriated exclusively to one manufacturer’s use, even upon a showing of secondary meaning, because competition would be unjustifiably impaired. 3. 6. 2 . 3.Non functionality Trademark protection is granted to symbols or features that are not functional, protection of functional features would deprive producers of the right to use those features necessary to make a product work. Doctrine of functionality: if a feature is required to perform a particular utilitarian function, and if there are insufficient commercially viable alternatives to perform the same function equally well, no single producer will be allowed to claim exclusive rights in the feature. 3. 6.Trademarks are territorial rights This means that they must be registered separately in each country in which protection is desired. Note that, unless a given trademark is protected in a specific country, it can be freely used by third parties. Moreover, trademark protection is in general always limited to specific goods and services (unless the trademark in question is a well-known or famous trademark). This means that the same trademark can be used by different companies as l ong as it is used for dissimilar goods or services. . 7. Registration of Trademarks, at the appropriate trademark office Registration is not, however, the only way of protecting a trademark: unregistered trade marks are also protected in some countries, but in a less reliable form. Figure:The logo for the Wikipedia website, which is a registered trademark of Wikimedia Foundation, Inc. 3. 8. Kind of protection provided by a trademark A trademark owner is given the exclusive rights: ) to use the trademark to identify his goods or services; 2) to prevent others from using and marketing the same or a similar trademark for the same or similar goods or services; 3) to authorize others to use the trademark, (e. g. by franchising or licensing agreements) and in return for payment. 3. 9. How is a trademark registered? First, an application for registration of a trademark must be filed with the appropriate national or regional trademark office. The application must contain a clear reproductio n of the sign filed for registration, including any colors, forms, or three-dimensional features.The application must also contain a list of goods or services to which the sign would apply. The sign must fulfill certain conditions in order to be protected as a trademark or another type of mark: * it must be distinctive, so that consumers can distinguish it as identifying a particular product, as well as from other trademarks identifying other products; * it must not be deceptive, that is, it should not be likely to mislead the consumers as to the nature or quality of the product; * it should not be contrary to public order or morality; it should not be identical or confusingly similar to an existing trademark. This may be determined through search and examination by the national office, or by the opposition of third parties who claim similar or identical rights. 3. 10. How long is a registered trademark protected for? The period of protection varies (it is usually 10 years), but a t rademark can be renewed indefinitely on payment of the corresponding fees. 3. 11. How extensive is trademark protection? Almost all countries in the world register and protect trademarks.Each national or regional office maintains a Register of Trademarks which contains full application information on all registrations and renewals, thereby facilitating examination, search, and potential opposition by third parties. The effects of such a registration are, however, limited to the country (or, in the case of a regional registration, countries) concerned. In order to avoid the need to register separately with each national or regional office, WIPO administers a system of international registration of marks. This system is governed by two treaties, the Madrid Agreement Concerning the International 3. 2. Registration of Marks, and the Madrid Protocol A person who has a link (through nationality, domicile, or establishment) with a country party to one or both of these treaties may, on the basis of a registration or application with the trademark office of that country, obtain an international registration having effect in some, or all of the Countries of the Madrid Union: 2. 12. 1. What are well-known marks and how are they protected? Well- known marks are marks that are considered to be well-known by the relevant sector of the public in the country in which protection is sought.Well-known marks benefit from stronger protection than marks in general. * they may be protected even if they are not registered in a given territory,and * they may be protected against confusingly similar marks that are used on dissimilar goods or services, whereas marks are generally protected against confusingly similar marks if used for identical or similar products. For example, let us consider a trademark such as Mercedes Benz. Normally the company that owns the trademark would be protected against unauthorized use of the mark by third parties with respect to the products for which the mark has been registered.To the extent that Mercedes Benz is a well-known trademark, protection would also be available for unrelated goods. So that if another company decides to use the trademark in relation to other goods such as, say, men’s underwear, it may be prevented from doing so. 3. 13. Sale , Transfer and licensing In various jurisdictions a trademark may be sold with or without the underlying goodwill which subsists in the business associated with the mark. However, this is not the case in the United States, where the courts have held that this would â€Å"be a fraud upon the public†. In the U. S. trademark registration can therefore only be sold and assigned if accompanied by the sale of an underlying asset. Examples of assets whose sale would ordinarily support the assignment of a mark include the sale of the machinery used to produce the goods that bear the mark, or the sale of the corporation (or subsidiary) that produces the trademarked goods. Most juri sdictions provide for the use of trademarks to be licensed to third parties. The licensor (usually the trademark owner) must monitor the quality of the goods being produced by the licensee to avoid the risk of trademark being deemed abandoned by the courts.A trademark license should therefore include appropriate provisions dealing with quality control, whereby the licensee provides warranties as to quality and the licensor has rights to inspection and monitoring. 3. 14. Domain name and it relation to trademarks Domain names are Internet addresses, and are commonly used to find websites. For example, the domain name â€Å"wipo. int† is used to locate the WIPO website at www. wipo. int. Domain names may be made up, sometimes, of a trademark.In such case, it may happen that the person who has registered the domain name has done it in bad faith, as he is not the owner of the trademark under which the domain name has been registered. This activity is referred to as Cyber squatting . It is important to know that many national laws, or courts, treat as trademark infringement the registration of the trademark of another company or person as a domain name. If this happens, the person who has chosen the trademark of another as a domain name may not only have to transfer or cancel the domain name, but may also have to pay damages or a heavy fine.It may be interesting for you to know that if the trademark of your company is being used as a domain name by another individual or company, you may take action to stop such misuse of the rights of your company. In such a case, an option would be to use WIPO’s online procedure for domain name dispute resolution at: arbiter. wipo. int/domains. This WIPO website includes a model complaint as well as legal index to the thousands of WIPO domain name cases that have already been decided. 3. 15. Why protect trademarks?The basic rationale for protecting trademarks, whether through registration or not, is two fold. * First, it provides business people with a remedy against unfair practices of competitors, which aim at causing confusion in the consumers’ minds by leading them to believe that they are acquiring the goods or services of the legitimate owner of the trademark, whereas in fact they are acquiring an imitated product, which furthermore may be of lesser quality. The legitimate owner may hence suffer from loss of potential customers, as well as harm to his own reputation. The second rationale flows from the first, namely to protect consumers from those unfair and misleading business practices. In addition to those two arguments, a further one is gaining more and more prominence. This is that a trademark is often the only tangible asset that represents the investments made in the building of a brand. Where, for example, a business is sold, or companies merge, the question of brand evaluation becomes an important issue. The value of companies may depend to a large extent on the value of the ir trademarks 3. 16. When has a trade mark been infringed?Figure: Trademark Infringement A registered trade mark is infringed by the unauthorized use of that mark, or a mark that is substantially identical or deceptively similar to it, A registered trademark is said to be infringed in the following circumstances: A registered trademark is said to be infringed in the following circumstances: * If a third party uses a trademark in the course of the trade which is identical with the registered trademark and in relation to goods or services which are identical with those for which it is registered.For example, in Wrangler Apparel Corporation v. Axfor Garments, Wrangler had filed a suit requesting that Axfor Garments be restrained from using the trademark â€Å"Wrangler† and the â€Å"W† stitch logo on its clothing including jeans, jackets, shirts and belts. Wrangler had registered its trademarks in Pakistan. The Court passed an order of injunction against the Defendant and restrained them from using Wrangler? s trademarks on any of its products. If a third party uses, in the course of trade, a mark which is identical with the registered trademark and is used in relation to goods or services similar to the goods or services for which the trademark is registered or the mark is deceptively similar to the registered trademark and is used in relation to goods or services identical with or similar to the goods or services for which the trademark is registered or if there exists a likelihood of confusion on the part of public, which includes the likelihood of association with the trademark; * If a third party uses in the course of trade, a mark which is identical or deceptively similar to, the trademark in relation to goods or services of the same description as that of goods or services in respect of which the trademark is registered, services that are closely related to goods in respect of which trademark is registered or goods that are closely related to services in respect of which the trademark is registered; * If a third party uses in the course of trade, a mark which is identical or deceptively similar to, the trademark in relation to goods or services of the same description as that of goods or ervices in respect of which the trademark is registered, services that are closely related to goods in respect of which trademark is registered or goods that are closely related to services in respect of which the trademark is registered; If the third party uses the registered trademark as his domain name or part of his domain name or obtains such domain name without consent of the proprietor of the registered trademark and with the intention of selling such domain name to another person including the proprietor of the registered trademark; 3. 1. International Trend Of Trademark Law It is important to note that although there are systems which facilitate the filing, registration or enforcement of trademark rights in more than one jurisd iction on a regional or global basis (e. g. he Madrid and CTM systems), it is currently not possible to file and obtain a single trademark registration which will automatically apply around the world. Like any national law, trademark laws apply only in their applicable country or jurisdiction, a quality which is sometimes known as â€Å"territoriality† 3. 1. 1. Paris Convention (relating to the protection of industrial property) The Paris Convention for the Protection of Industrial Property (â€Å"Paris Convention† or just â€Å"Convention†) is one of the first, and arguably most important, of the various multilateral treaties protecting intellectual property. The treaty will not be discussed exhaustively here; commentaries on the treaty should be consulted to obtain additional information.The following, however, is a list of the major relevant articles of the treaty: * member states protect the trademark rights and other industrial property rights of other memb er states (art. 2); * each member state must maintain the fundamental principle that citizens of other member states receive the same protection as its own citizens (art. 2); and * member states must recognize the assertion of priority rights (art. 4). The articles that are particularly relevant to the trademark law include: * remedies for cases in which registered trademarks are not used, including sanctions (art. 5); * independent status of the trademark law (art. 6); * of well-known trademarks (art. 6, sec. 2); adjustment regulations on the transfer of trademark rights (art. 6, sec. 4); * regulations on trademarks registered in a foreign country (art. 6, sec. 5, the so called â€Å"telle quelle† trademark system) * protection of service marks (art. 6, sec, 6); * regulations controlling applications for trademark registration made by an agent, among others, without permission of the applicant (art. 6, sec. 7); * removal of trademark registration limitations based on the dis position of the goods (art. 7); * of collective trademarks (art. 7, sec. 2); * control of the importation of counterfeit goods (art. 9); * control of fraudulent indications of country origin (art. 0); * prohibition of acts of unfair competition (art. 10, sec. 2); * legal measures to prevent counterfeit goods and others (art. 10, sec. 3); and * temporary protection of goods exhibited in international expos (art. 11)11. There are 151 member states as of January 15, 1999 (WIPO, Industrial Property and Copyright, January 1999), demonstrating that most major countries in the world have joined the treaty. 3. 1. 2. Madrid system for the international registration of marks Madrid system for the international registration of marks (the Madrid system) established in 1891 functions under the Madrid Agreement (1891), and the Madrid Protocol (1989).It is administered by the International Bureau of WIPO located in Geneva, Switzerland. The Madrid system offers a trademark owner the possibility to have his trademark protected in several countries by simply filing one application directly with his own national or regional trademark office. An international mark so registered is equivalent to an application or a registration of the same mark effected directly in each of the countries designated by the applicant. If the trademark office of a designated country does not refuse protection within a specified period, the protection of the mark is the same as if it had been registered by that Office.The Madrid system also simplifies greatly the subsequent management of the mark, since it is possible to record subsequent changes or to renew the registration through a single procedural step 3. 1. 3. WTO Agreement on Trade-Related Aspects of Intellectual Property Rights The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement) is the Uruguay Round agreement covering the protection and enforcement of intellectual property rights. Intellectual property r ights were a key area of concern for the United States during the Uruguay Round negotiations. From the perspective of the United States, the TRIPs Agreement was a major achievement of the Uruguay Round.The TRIPs Agreement incorporates by reference most of the substantive provisions of two earlier multilateral IPR conventions: the Paris Convention for the Protection of Industrial Property (1967)(covering patents, trademarks, trade names, utility models, industrial designs and unfair competition) and the Berne Convention for the Protection of Literary and Artistic Works (1971) (covering copyrights). 3. 1. 3. 1. TRIPs Agreement and Trademarks TRIPs Agreement incorporates the substantive obligations of Articles 1 through 12 and Article 19 of the Paris Convention for the Protection of Industrial Property (1967). The TRIPs Agreement mandates protection for both trademarks and service marks. * Trademarks and service marks must have a minimum term of seven years and must be renewable indefi nitely. Article 18) * Restrictions on cancellation of trademark registrations for non-use: â€Å"If use is required to maintain a registration, the registration may be cancelled only after an uninterrupted period of at least three years of non-use, unless valid reasons based on the existence of obstacles to such use are shown by the trademark owner. Circumstances arising independently of the will of the owner of the trademark which constitute an obstacle to the use of the trademark, such as import restrictions on or other government requirements for goods or services protected by the trademark, shall be recognized as valid reasons for non-use. † (Article 19. ) * The TRIPs Agreement states that the owner of a registered trademark has the â€Å"exclusive right to prevent all third parties not having the owner’s consent from using in the course of trade identical or similar signs for goods or services which are identical or similar to those in respect of which the tradem ark is registered where such use would result in a likelihood of confusion. † (Article 16. 1) * Parallel importation (unauthorized importation of genuine trademarked products): * Except with respect to the National Treatment and Most Favored Nations obligations in Articles 3 and 4, parallel importation (â€Å"exhaustion of intellectual roperty rights†) is not subject to dispute resolution under the TRIPs Agreement (TRIPs Article 6). * Enhanced Protection for â€Å"well-known† marks: â€Å"In determining whether a trademark is well-known, Members shall take account of the knowledge of the trademark in the relevant sector of the public, including knowledge in the Member concerned which has been obtained as a result of the promotion of the trademark. † (Article 16. 2) * Under the Paris Convention (which is generally incorporated by reference into the TRIPs Agreement), well-known marks are entitled to protection in all Paris Convention/TRIPs Members, regardles s of whether the mark is registered. For an interesting discussion of the general issue of when an unregistered well-known mark must be protected see the decision by the Supreme Court of Sout Africa, Appellate Division, in McDonald’s Corporation v. Joburgers Drive-Inn Restaurant (PTY) Limited, Case No. 547/95, August 27, 1996. ) 3. 1. 4. Trademark Law Treaty The Trademark Law Treaty establishes a system pursuant to which member jurisdictions agree to standardize procedural aspects of the trademark registration process. It is not necessarily respective of rules within individual countries. 4. 1. Trademark Law In Pakistan The first trademark law in Pakistan was passed in 1940 and was known as the Trade Marks Act, 1940.Thereafter in order to comply with its international obligations, the Government of Pakistan decided to amend and consolidate the law relating to trademarks and unfair competition to provide for registration, better protection of trademarks, and the prevention of infringement. Therefore, the President of Pakistan passed the Trade Marks Ordinance, 2001. Trademark law in Pakistan is presently governed by the Trade Marks Ordinance, 2001 and the Trade Marks Rules, 2004. The trademark law in Pakistan requires no evidence of prior use of the mark in commerce for filing. A trademark application can be filed on a „proposed to be used? or „intent-to-use? basis or based on use of the mark in commerce.The Trade Marks Registry, which is under the administrative control of Intellectual Property Organization of Pakistan, is the office that is in charge of registering trademarks in Pakistan. A trademark registration in Pakistan gives exclusive proprietary rights to the rights holder for protection of their trademark in Pakistan. However because the Pakistani legal system is a common law system, even an unregistered trademark is entitled to protection and the rights holder of the unregistered trademark can initiate action against a third party u nder the „law of passing off. 4. 1. 1. Internationalisation Of Trade Marks In Pakistan Pakistani trademark law protects both domestic and foreign trademarks. Over the past several years, many foreign entities have been able to protect their trademarks in Pakistan.The first milestone observation recognizing internationalisation of trade mark came in 1979 from the Honourable Sindh High Court in a case where the court, while protecting an international trademark, observed, â€Å"The conduct of the respondent in appropriating trade marks of foreign owners is not proper†¦Ã¢â‚¬ ¦ It is common knowledge that trade in French perfumery is of international character. With the revival of International Trade and international publicity, the rights of owners of foreign Trade Marks ought to receive some safeguard unless it is clear from the evidence that the foreign owners have abandoned their intention of marketing their products under the mark in this country. The above trend was fo rtified when Honorable Supreme Court of Pakistan in the case of Alpha Sewing Machine approved the following observation of Honourable Lahore High Court, â€Å"With the proliferation of means of communication media the names and products of world renowned big companies are catching the eyes and ears of the public at large in all civilized countries of the world and Pakistan is no exception. Extensive traveling abroad in the recent past has made it possible for the people of Pakistan to have knowledge of the internationally renowned companies and their products†. It was held in Morphy Richards case â€Å"an enactment on Trade Marks is essentially an international statute, catering to national and international sensibilities†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. We are living in an information age where the Earth has veritably become a global village†.In a case the High Court of Karachi granted an interim injunction restraining the Defendant from using the internationally well-known mark MARS on soft drinks. This injunction was granted despite the fact that Pakistan Mineral Water Bottling Plant (Pvt. ) Ltd. had registered the trademark MARS with the Trade Marks Registry. While the Courts in Pakistan had given due regard and recognition to internationalization of trade, they were quick to prevent the abuses by unscrupulous persons attempting to take advantage of globalization and the absence of specific statutory provisions at the relevant time. This was the result of judicial interpretation of relevant provisions relating to Intellectual Property laws and the general concept of civil law.Thus in 1988, the Honourable High Court of Sindh in the Sulemanji case, rejected an argument that an infringing product manufactured in Pakistan but to be sold in a foreign country would not violate the local law and no injunction could be issued. The Court, while rejecting this argument held at â€Å"†¦the product of the plaintiffs as well as of the defendants is exported to Middle East and Arabian Gulf countries. The deception would be caused upon the ultimate purchasers in the market and retail shops in the foreign countries. Admittedly the wrappers of the defendants are printed in Pakistan and, after the goods of the defendants are packed in such wrappers, such goods are exported for sale in foreign countries†¦Ã¢â‚¬ ¦ The action for injunction restraining the defendants from using the said mark is, therefore apparently maintainable in this Court. Similar was the Select Sports case, where Honourable Lahore High Court held, â€Å"The goods of the appellant company are sold in the International Market and if due to any reason goods of substandard quality are supplied to the International Market by any other user of the similar design, it would ultimately adversely affect the goodwill and the business of the appellant company. On the other hand, in the case of imports into Pakistan of infringing products, a Division Bench of the Honourable High Co urt of Sindh in the case Glaxo Vs. Evron, held, â€Å"If a person, in making a product overseas uses processes which would be infringing processes here, those processes being a principal part of the manufacture and then imports the article into this country, he is guilty of an infringement. The reason is because, by using those processes overseas and bringing the product here to sell, he deprives the Pakistani Patentee of the benefit of the invention. Globalization thrives on honesty of business practices. Judgments delivered by the Pakistani courts on intellectual property rights, particularly relating to adoption of marks, marketing of novel (inventive) products or copyrighted subject matter show that considerations for honesty of intention have been pivotal to such judgments. Thus in the case the Honourable Supreme Court of Pakistan held: â€Å"†¦. although the appellant has not been selling its products in Pakistan because of import restrictions, this does not entitle the respondent to copy the appellant’s trade mark, because by doing so it is deceiving the public into thinking that its products are products of the appellant. In the same case, the Honourable Supreme Court approved the following findings by the High Court: â€Å"Clearly, if the adoption of a trade mark by an appellant is proved to be dishonest, no amount of user of the trade mark by him can justify registration †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ † The above judgments by Pakistani Courts came at times when International community was debating consensus on the issues affecting global intellectual property rights, which culminated in the TRIPs Agreement only in 1994. This is reflective of the consistent pragmatic and futuristic approach of the Pakistani Courts in matters relating to intellectual property rights. Licensing Of Trade MarksOne of the oldest ways of globalizing Intellectual Property Rights is through licensing of Intellectual Property. This is also the most commonly used wa y of commercializing Intellectual Property on the global scene. Unless the countries an effective platform enabling the licensing contracts to be entered into and worked out, as well as ensure that the termination of such contracts can be done without difficulty, no productive growth of global commercialization of products incorporating one or more forms of Intellectual Property Rights is possible. As far as licensing of Intellectual Property Rights is concerned, Pakistani courts have so far adopted a rational, pro-active and confidence building approach in adjudicating the rights.Thus in the cases of Bolan Beverages the Honourable Supreme Court, upheld the rights of the owners of trademarks to terminate license agreements. , while in the cases of Concentrate Mfg. Co. , vs. Seven-up Bottling and Roomi Enterprises vs. Stafford Miller, the Honourable High Courts also upheld the rights of the owners of trademarks to terminate license agreements. 4. 2. Market Entry Planning Though Pakis tan has passed laws protecting the intellectual property rights (IPR) of rights holders, its enforcement and implementation of these laws remains a matter of grave concern for rights holders. It is therefore imperative that businesses develop a comprehensive strategy for protecting their IPR and take steps to safeguard their rights before they enter the Pakistani market.Registration of trademarks is an important step that businesses should pursue in Pakistan. Many foreign and domestic rights holders have been able to successfully register their marks in Pakistan. 4. 3. 1. Who can apply and what can be registered Under the Trade Marks Ordinance, 2001, a person who is the proprietor of the trademark can apply for the registration of their marks for goods as well as services. Any word, signature, name, logo, label, numerals or combination of colors used by one enterprise on goods or services can be registered as a trademark in Pakistan. Under the Pakistani trademark law the following a re the types of trademarks that can be registered: * Product mark: a mark that is affixed to identify goods. Mark: a mark used to identify the services of an entity, such as the trademark for a broadcasting service, retail outlet, etc. They are used in advertising the services. * Certification mark: a mark indicating that the goods or services in connection with which it is used are certified by the proprietor of the mark in respect of origin, mode of manufacture of goods or performance of services, quality, accuracy, or other characteristics. * Collective mark: a mark distinguishing the goods or services of members of the association which is the proprietor of the mark from those of other undertakings. * Geographical indications can also be protected in Pakistan as certification or collective trademarks. 4. 3. 2. What cannot be registered?The following are the types of marks that cannot be registered in Pakistan: * Which are not capable of being represented graphically and are unab le to distinguish goods or services of one undertaking from those of other undertakings; * Which are devoid of any distinctive character; * Which consist exclusively of marks or indications which designate the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of services, or other characteristics of goods or services; * Which consist exclusively of marks or indications which have become customary in the language or in the established practices of the trade; * Which consist exclusively of the shape which results from the nature of the goods themselves, the shape of oods which is necessary to obtain a technical result or the shape which gives substantial value to the goods; * Which consists of, or contains, any scandalous design, or any matter the use of which would be disentitled to protection in the High Courts or District Courts by reasons of it being likely to deceive or to cause confusion, is likely to hurt the religious sensibilities of any class of citizens of Pakistan, or is contrary to any prevailing law or morality; * The application for registration of which has been made in bad faith; * A word that is a commonly used and accepted name of any single chemical element or any single chemical compound in respect of a chemical substance or preparation or which is declared by the World Health Organization and notified in the prescribed manner by the Registrar from time to time, as an international non-proprietary name or which is deceptively similar to such name; * The national flag or any other State Emblem of a country which is a signatory to the Paris Convention (hereinafter known as „Convention country? shall not be registered without the authorization of the competent authorities of that country, unless it appears to the Registrar that use of the flag in the manner proposed is permitted without such authorization; * Which consists of, or contains, official mark or hallmark adopt ed by a Convention country shall not be registered in relation to goods or services of the same or a similar kind as those in relation to which it indicates control and warranty; * Which consists of or contains such emblem, abbreviations or name of an international organization that is protected under the Paris Convention. 4. 3. 3. Registration Procedure In case of an identical trademark being filed by two different applicants where the date of use in commerce is identical or if applications for the registration of both marks have been filed on an „intent-to-use? asis, the Applicant who files the trademark application first with the Pakistan Trade Marks Registry will have priority. It is therefore important to apply for registration of your mark as soon as possible. The registration of a trademark in Pakistan typically takes about two to three years, assuming that the trademark is not opposed by a third party. The Trade Marks Registry is the appropriate office for filing a tra demark application in Pakistan. Trademark applications can be filed either at the Karachi office or at the branch office of the Trade Marks Registry in Lahore. The different steps that are involved in the registration process in Pakistan are as follows: * Select a trademark agent/attorney in Pakistan, The trademark law in Pakistan allows the proprietor to file a trademark application only if they have a place of business in Pakistan. Should that not be the case, the rights holder will be required to file an application through a trademark agent/attorney. The trademark agent/attorney can do trademark searches and prepare, file, and prosecute applications, * To determine if the mark is eligible and available for registration, * The trademark agent will determine if the trademark is eligible for registration and also conduct clearance searches to determine if there is any deceptively similar mark that already exists on the Register of Trade Marks.It is advisable to conduct a common law search to ascertain if there are any third parties that might already be using the trademark, * Completing the application form and filing, The trademark agent can complete and sign the application form, provided that the rights holder has issued a signed power of attorney appointing them as the trademark agent. The details which must be mentioned in the trademark application are the full name and address of the Applicant, a statement of goods or services in relation to which it is sought to register the trademark, the international classification of goods or services, a representation of the trademark and the full name, address and contact details of the agent, in case the application. The application should also mention if the trademark is being used by the Applicant, or with his consent, in relation to goods or services, or if he has a good faith intention that it will be used. After the application has been filed, the Trade Marks Registry reviews it to ensure that it is complet e in all respects and thereafter allots an application number to the applications. If the trademark is registered, the application number becomes the registration number. * During the process of examination, the Trade Marks Registry determines if the trademark is barred from registration either under absolute grounds for refusal and/or relative grounds (prior trademark rights) as prescribed in the Trade Marks Ordinance, 2001. The Trade Marks Registry will issue an examination report and the Applicant must respond to any objections that have been raised in the examination report within the prescribed period.Thereafter and based on the response to the examination report that has been filed by the Applicant, the Registrar of Trade Marks determines if the application should be refused, accepted for advertisement, accepted subject to certain limitations or put up for a â€Å"show cause† hearing, during which the application might be accepted, rejected, or accepted subject to certa in limitations. Advertised before acceptance under section 28 (1) Ordinance 2001. | Registration of this trade mark shall give no right to the exclusive use of word made in Pakistan. | 273130 – 25 Footwear including shoes, boots, slippers ; sandals. Kashif Mahmood Tarar, Trading as, KIRAN TRADING CORPORATION Proprietor Pakistani, 4 Tape Road, Opp. University of Vaternary Sciences, Lahore,PK 06/10/2009.Shahs Registration Law Chamber 15- Edward (Mauj Darya) Road, Saleemi Chambers, Lahore-54000. | 4. 3. 4. Issuance Of Registration Certificte Within two months of the publication of the trademark in the Trade Marks Journal, should the trademark not be opposed by a third party, it will be accepted. Thereafter a Demand Notice is issued to the Applicant requesting him to pay the requisite registration fee. After the Applicant has paid the relevant registration fee, the registration certificate is issued. Below is the chart depicting the complete procedure for registration as is follo wed by the Trade Marks Registry in Pakistan. 4. 3. 5. Term of Trademark RegistrationTrademark protection in Pakistan is perpetual, subject to renewal of the registration every 10 years. The application for the renewal of a trademark can be filed 6 months before the expiration of the term of registration. 5. 1. Infringement ; Enforcement Remedies The Trade Marks Ordinance, 2001 provides for both civil and criminal remedies 5. 1. 1. Civil Litigation: A suit can be initiated either under the â€Å"law of passing off† or infringement under the Trade Marks Ordinance, 2001 depending on whether the trademark is unregistered, pending registration, or registered. The suit can be filed either at the High Court or at the District Court.The complaint filed by the rights holder should demonstrate that the alleged infringing act involves a mark that is identical or similar to a trademark of the rights holder. It should also specify that the representation of the trademark that is being use d in connection with goods or services might confuse the public regarding the origin of the infringing goods/services and that the this act of the infringer has interfered with the trademark holder's rights of exclusive use or has caused the rights holder economic loss. The rights holder can request the Court to grant an order of injunction, damages and delivery of infringing goods, materials or articles.Moreover, where a person is found to have infringed a registered trademark, the Court may make an order to cause the offending trademark to be erased, removed or obliterated from any infringing goods, materials or articles in his possession, custody or control or to secure the destruction of the infringing goods, materials or articles if it is not reasonably practicable for the offending mark to be erased, removed or obliterated. The Sindh High Court in a case confirmed an order of interim injunction against the Defendants and restrained them from using the trademark SHAN as it was a colorable imitation of the Plaintiff? s trademark AALI SHAN and stated that â€Å"the registration of trademark is not meant for the benefit of the trader only but also protects the public-at-large and its main object is to secure free enjoyment of the right of manufacturing and marketing of one? products and also to save general public from being deceived by the acts of unscrupulous manufacturers and sellers of goods bearing the fake trademark of others. For maintaining the purity of the trademark and for safeguarding the interest of the public, it is the duty of the Court to put restraint on use of another? s trademark by a person like the defendant; who is not entitled to use it. 5. 1. 2. Criminal Litigation The trademark law in Pakistan provides for criminal remedies in case of violation of a rights holder? s trademark. A criminal action can be initiated by filing a written complaint in the police station within whose jurisdiction infringement has taken place.After the procee dings have been initiated, the court may pass search and seizure warrants under which the premises of the infringer can be raided and the infringing goods seized. Should an infringer be found guilty of violating the rights holder? s trademark, he may be liable for imprisonment or fine or both. An infringer can be imprisoned for a maximum of three years with a maximum fine of PKR 50,000 (approximately $630 USD) under the Trade Marks Ordinance, 2001. In addition, the court has the authority to order the seizure, forfeiture, and destruction of infringing goods. Though provisions for criminal sentences exist in the Pakistani trademark law, such sentences are rare. 6. 1.International Trademark Treaties to which Pakistan is a Signatory * The World Trade Organization (WTO)Agreement, since 1995 * Paris Convention for the Protection of Industrial Property * Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) 7. 1. Conclusion The subject of a trademark right may be desc ribed as an intellectual product or intangible property. However, its purpose is not for cultural advancement, as is a copyright. It is a kind of â€Å"industrial property† and its contribution is for â€Å"industrial purposes† (protection of users). The protection of industrial property focuses on patents, utility models, industrial designs, trademarks, service marks, trade names, indications of source or appellations of origin, and the repression of unfair competition. (Paris Convention, Article 1, Paragraph 2). A trademark right is one of the â€Å"industrial properties. The term, â€Å"industrial properties†, is usually used narrowly and indicates the rights covered by the four main laws; namely, the Patent Law, the Utility Model Law, the Design Law and the Trademark Law. A broad definition of â€Å"industrial properties includes various rights covered by the trade name provisions in the Commercial Code and the Unfair Competition Prevention Law. Trade Mark s are important aspects of legal practice under the of Intellectual Property Law. It is important for legal practitioners to acquaint themselves with this aspect since it is clear that for a very long time to come, trademarks will continue to play an important role in our society.New companies and business enterprises shall be formed and new products and services will be brought into the market by such new companies or by the existing companies; the legal has to position him self or herself to tap into this growing area. As it is now, there are still many business enterprises especially the local ones who have yet to grasp the importance of protecting their trademarks and service marks. Most institutions including universities, colleges4, hospitals, schools and many others have their own identity, badges or motto. This needs to be protected so that in the event of infringement, one may have recourse by bringing a claim on infringement against anyone who makes profits from where he h as not sown.Pakistan is a member of the World Trade Organization (WTO) and a signatory to the TRIPs Agreement. The regime of intellectual property laws in Pakistan is well established and goes back to the early twentieth century. The legal system in the country provides for adequate protection to the trade mark and design owners and those owners who pursue the legal remedies aggressively and pro-actively are able to control the menace of counterfeiting by due process of law. www. worldtrademarklawreport. com ABBREVIATIONS FTA Free Trade Area HIV/AIDS Human Immune Virus ILO International Labour Organisation IMF International Monetary Fund IPRs Intellectual Property Rights LDC Least Developed CountryOECD Organisation for Economic Co-operation and Development SADC Southern African Development Community SAP Structural Adjustment Programmes TRIPs Trade Related Intellectual Property Rights UNCTAD United Nations Conference for Trade and Development WB World Bank WTO World Trade Organisatio n ——————————————– [ 2 ]. Hereinafter, â€Å"trademark for goods† will be referred to as â€Å"trademarks,† and â€Å"trademark of services† will be referred to as â€Å"service marks† [ 3 ]. Schechter, The Historical Foundations of the Law Relating to Trade-Marks (New York: Columbia, 1925). [ 4 ]. Merchants marks were simple and formed merely linear designs, for example [ 5 ].Schechter, The Historical Foundations of the Law Relating to Trade-Marks (New York: Columbia, 1925). [ 6 ]. The U. S. federal government has the power to regulate the military, foreign affairs, and postal services, among others. However, art. 1, section 8, clause 8 of the U. S. Constitution states only that patents and copyrights fall under the federal power, and does not mention trademarks. Thus, the Supreme Court argued that the federal government did not have the power to regul ate trademarks. [ 7 ]. http://www. ipo. org(accessed on 24/11/2012) [ 8 ]. http://www. wipo. int/about-wipo(accessed on 24/11/2012) [ 9 ]. Trade Marks Ordinance, 2001 [ 10 ].Trademarks designed by Chermayeff & Geismar (Chermayeff, Geismar,& Geissbuhler, 2000) [ 11 ]. Katherine L. Spencer,Evaluating Trademark Design,P. 08 [ 12 ]. http://www. wipo. int/about-wipo(accessed on 28/11/2012) [ 13 ]. Katherine L. Spencer,Evaluating Trademark Design,P. 09 [ 14 ]. http://cyber. law. harvard. edu/metaschool/fisher/domain/tm. htm:article, Overview of Trademark Law [ 15 ]. ibid [ 16 ]. http://en. wikipedia. org/wiki/Wikimedia_Foundation(accessed on 25/11/2012) [ 17 ]. www. wipo. int-wipo(accessed on 28/11/2012) [ 18 ]. ibid [ 19 ]. www. wipo. int-wipo ( accessed on 28/11/2012) [ 20 ]. www. madridprotocol. info/internationaltrademarkprotection. html(accessed on 30/11/2012) [ 21 ]. html http://cyber. law. arvard. edu/metaschool/fisher/domain/tm. htm:article, Overview of Trademark Law [ 22 ]. ibid [ 23 ]. ibid [ 24 ]. ibid [ 25 ]. www. wipo. int(accessed on 30/11/2012) [ 26 ]. http://blogs-images. forbes. com/davidvinjamuri/files/2012/09/Dr-Publix-287Ãâ€"3001. jpg (accessed on 28/11/2012) [ 27 ]. Wrangler Apparel Corporation v. Axfor Garments {2008 C L D (70)}, [ 28 ]. Commentary On The Paris Convention For The Protection Of Industrial Property, Seth M. ReissLex-IP. com Honolulu, Hawaii, United States [ 29 ]. http://www. wipo. int/treaties/en/ip/paris/trtdocs_wo020. html(accessed on 28/11/2012) [ 30 ]. www. wto. org/english/tratop_e/trips_e/t_agm0_e. tm(accessed on 01/12/2012) [ 31 ]. World Trade Organisation Web-site: http://www. wto. org [ 32 ]. www. worldtrademarklawreport. com(accessed on 18/11/2012) [ 33 ]. Societe De Fabrication v. Deputy Registrar of Trademarks and another, PLD 1979 Kar 83 [ 34 ]. Alpha Sewing Machine v. Registrar of Trademarks and another, PLD 1990 SC 1074 [ 35 ]. Morphy Richards Ltd v. Registrar of Trademark and another, 1992 MLD 2506 [ 36 ]. Mars I ncorporated v. Pakistan Mineral Water Bottling Plant (Pvt. ) Ltd. {2001 M L D 39} [ 37 ]. PLD 1988 Kar 569 [ 38 ]. Ibid581 [ 39 ]. PLD 1998 Lah 69 [ 40 ]. Glaxo Vs. Evron,1992 CLC 2382 [ 41 ]. Cooper’s Incorporated Vs.Pakistan General Stores, 1981 SCMR 1039 [ 42 ]. 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