Essay on Protection of Intellectual rights in China

Protection of Intellectual rights in China Abstraction: Along with Chinese economic reform and open-door policy, current Chinese government made great effort in protecting intellectual rights. Since 1983, China has built an integrated legal system to ensure this protection. On the other hand, many foreign investors and governments still have a lot of complains about the current situation in China and have tried to ask Chinese government make more commitment. In this article, we believe that the difficulty of protecting intellectual rights may not be caused by Chinese government but more importantly caused by the lack of moral emotiveness among Chinese people for this protection. We also try to explain the reasons for this absence from†¦show more content†¦Among them were a Trademark Law, A Patent Law, a Copyright Law, Regulations for the Protection of Computer Software, and others designed for protection of intellectual property rights. Besides, China has joined a number of international bodies and showed her willing ness to take responsibilities. So far, China has built a relatively integrated legal structure in protection of intellectual properties. In recent years, Chinese government has also made great effort in executing these laws[1, 12]. Chinese government launched different anti-piracy campaigns almost every year. During these campaigns, Chinese government raided underground markets, confiscated million copies of pirate software, closed factories of manufacturing counterfeit intellectual products and destroyed hundred product lines. In order to fight against piracy more effectively, China established her first national anti-piracy organization, Anti-Piracy Committee, in October 2002[5]. Besides, Chinese Courts granted favor to many international companies in their case to sue Chinese companies for illegally using their patents, copyrights and other intellectual properties[1, 4, 10]. For example, Microsoft sued two Chinese companies for such abuse and won its case in a Beijing court in February 1999[10]. With all these efforts made by Chinese government, piracy remains a serious problem in Chinese software market. Pirate versions of just about any type of software - domesticShow MoreRelatedChina and Intellectual Property Rights1240 Words   |  5 PagesChina and intellectual property rights In the global business arena the concept of intellectual property has drawn much more attention now than there before, globally the protection of intellectual property is at a dynamic stage, the international cooperation on science and technology and the development of economy and trade, the legal protection of intellectual property is playing a significant role in society. According to the World Intellectual Property Organization (WIPO) intellectual propertyRead MoreChinese Foreign Trade Relations : Intellectual Property Enforcement Context1164 Words   |  5 PagesChinese Foreign Trade Relations: Intellectual Property Enforcement Context I. Introduction American businesses are losing up to an estimated $60 billion each year in the global market from intellectual property violations. The problem continues to grow as more American companies invest overseas, and more products consist of intangible or intellectual property. American companies face more than just economic challenges: if losses of intellectual property rights continue to go unchecked, businessesRead MoreEconomic And Social Status Of China1549 Words   |  7 Pages Introduction Not only economically but socially, influences of China has been substantial. Economic and social status of China are firm that it can not be oversighted. However, law related intellectual property rights has been rising issues in China. First step to solve the problem is realize there is one. It is critical to recognize which elements are violating IPR. Basic systematic error of IPR and counterfeit culture in China are main factors for the obstacles. Current state of the world’sRead MoreEthical Issue Of Digital Piracy Essay1616 Words   |  7 PagesEthical Issue of Digital Piracy in China I. Introduction Digital piracy, which also known as one type of the copyright infringement, is the activity of illegal copying selling digital materials, such as software, music, movies and e-book files. Based on a common sense of intellectual property protection, digital piracy has restricted the development of digital industry and harmed the benefits of intellectual property owner. Therefore, as the strengthened awareness of consumer and the enhanced regulationRead MoreThe Intellectual Property Rights Of The North American Country856 Words   |  4 PagesIntroduction to the Intellectual Property Rights In a general term, intellectual property is any person’s human intellect, which is often protected by law, in order to safeguard its use from another person. The possession of such kind of property generates limited monopoly in the safeguarded property. Intellectual property can be subdivided into copyrights, patents, trademark and trade secrets (Intellectual Property Rights, 2014). The law protects the Intellectual Property so that the people whoRead MoreBriefly Compare the Political Regime Type in China and India. Which of the Two Would You Prefer to Do Business in and Why?1478 Words   |  6 PagesPOLI3001 Assignment No. 2 Briefly compare the political regime type in China and India. Which of the two would you prefer to do business in and why? India and China are two republics that have experienced very opposing political regimes throughout history. China has been fundamentally stable country with a lack of a distinct authority figure (Desai, 2003). Being a single party state China has been controlled by the Chinese Communist Party since the 5th National Congress held in 1927 (Wang,Read MoreThe And The Industrial Revolutions1305 Words   |  6 PagesWhat is intellectual property? Intellectual property or IP for short is creations of the mind, such as; inventions, literary and artistic works, designs and symbols, names and images used in commerce. Among these IP also includes trade secrets, patents, copyrights, and trademarks. IP and its protection are detrimental to the success of the economy. IPs are the innovations that drive the market forward and they are what created eras like the renaissance and the industrial revolutions. But nowadaysRead MoreWhy A Property Should Be Protected Or Not : Originality And Reproducibili ty1413 Words   |  6 Pages In China, there are two criteria in determining whether a property should be protected or not: originality and reproducibility. We must first understand the different nature of Chinese characters. Different calligraphers used different techniques and styles to produce great works of art in many different literary or artistic forms. Because of the more intricate nature of characters and the more number of strokes than in any other character system, Chinese character fonts are very unique for itsRead MoreIntellectual Property Protection And Stricter Copyright Laws935 Words   |  4 Pages With all the groups mentioned above, intellectual property protection and stricter copyright laws are being discussed, which is a step forward in the right direction. The more these organizations reach out to inform others that intellectual property protection is imperative, the more minds will be had in building ideas for a better tomorrow. The biggest question is why should the average individual care about the protection of intellectual property? The answer is, everyone should striveRead MoreProtection Of Intellectual Property Rights1320 Words   |  6 PagesThe Intellectual Property Department was put in place in 1990 to ensure some sort of protection when it comes to intellectual property rights. â€Å"Protection of intellectual property rights protects creativity. The efforts of writers, artists, designers, software programmers, inventors, and other talents need to be protected in order to create an environment where creativity can flourish and hard work can be rewarded.† (IP in Hong Kong, China). Hong Kong is full of creativity and innovation so that

Health Care Inequity Affecting The Incarcerated Canadian...

The objective of this paper is to examine issues of health care inequity affecting the incarcerated Canadian population. We will be investigating the impacts of these health issues on the indicated vulnerable group, assessing how services and resources are currently distributed to deal with this issue, proposing public health responses to address the issue and also identifying what further research must be conducted to gain a better understanding of the issue. Introduction to and outline of issues The Canadian constitution declares that all citizens have a right to health care. Although inmates are not covered by the Health Canada Act, incarcerated persons, are covered by the Corrections and Conditional Release Act, which states all†¦show more content†¦For example, since 2005 there has a been a 3% decrease in the number of Caucasian offenders being admitted to facilities while simultaneously the number of aboriginals and blacks have increased by 47.4% and over 75% respectively. As a whole, the representation of aboriginals and blacks in the correctional system is 22.8% and 9.8% in contrast to 4.3% and 2.9% of the general population. (2) (3) The incarcerated population are typically of low socioeconomic and low education levels. (4) Interestingly, low socioeconomic status and education levels on their own are directly linked with poor health. (5) When these social determinants of health are combined with prisonisation; the adaptation process in which incarcerated individuals adjust themselves to behavioural standards within the institutions which are not comparable with those of life outside prison.(6) This confines the already vulnerable to an environment of violence and drug use, which leads to further decline in health status while serving sentences. (1) In addition to the low socioeconomic status and education level of prison inmates, we can also establish that inmates are predominately male when compared to the

Breach of Ethics for Home Department & Anor- myassignmenthelp

Question: Discuss about theBreach of Ethics for Home Department Anor. Answer: The relevant Act, regulation, common law principle and case law: Rules of Professional Conduct of the UK are the code of conduct for ethics that has been governing the rules of professional conduct. In B Anor V Secretary Of State For The Home Department Anor [2012] Ewhc 3770[1]it was held by the Court that an advocate is at the authority to carry on various ethical responsibilities in relation to practical law. It is essential on the part of the legal practitioner to divide the concerned ethical responsibilities that he is ought to provide to the Court and to his client. In case of breach of ethical obligations on the part of the advocate the client is at the authority to bring civil proceedings against him. For instance, an action for negligence can be bought against the legal practitioner for breach of ethics. In Orchard v S E Electricity Bd[1987] QB 565, 571[2] it was held that the there has been conflict of interests between the client and the legal practitioner. The legal practitioner is at the obligation to act in good faith by disclosing his interests associated with the matter. Therefore in the present scenario, it can be observed that Mr. Smith was negligent on his part as he did not attend the court proceedings on time and did not produce the relevant documents required for the purpose of the case. Mr. Smith even failed to attend the extensions. Therefore, it is obvious that the order was passed on the favor of Mr. Dan due to negligence on the part of Mr. Smith. Therefore, it can be advised to Mr. Smith that he should present an application to the High Court of FSM for further appeal. However, it can also be seen that there has been conflict of interests between Mr. Smith and his legal practitioner. Therefore, in such cases the legal practitioners are liable for breach of ethics on the part of their client. Therefore, in the present case study it can be stated that due to negligence on the part of Mr. Smith his solicitor Mr. Steele is also equally liable. Contravention of Legal Ethics: A professional code of legal ethics is written and is purely based on the nature of the profession. In this regard it is important on the part of the professionals to adhere of the specific requirements of such written professional code of legal ethics. The code of legal ethics can be breached in different ways however; the most important among them are as a result of conflict of interests, pressure of clients and confidentiality[3]. However, in the given case study it can be observed that a breach of legal ethics has taken place on the ground of conflict of interest. It is evident that a lawyer is bound to provide fiduciary duties to his client along with all the relevant responsibilities[4]. In this regard, the advocate should avoid conflict of interests which may arise between him and his client in the course of business. However, conflicts of interests usually arise when legal and disciplinary actions occur. In breach of ethics, conflict of interests can be resolved when both the client and the advocate works accordingly[5]. It is important on the part of both the client and the advocate to balance two different public interests. In this regard, the client must have confidence upon his lawyer and at the same time the advocate must have the freedom to give instructions to his client regarding the case. Role of the legal practitioner in order to avoid ethical contravention: It can be noted here that legal practitioners are at the responsibility to maintain the license in order to act according to the Rules of Professional Conduct of the UK. Since time immemorial, the Rules of Professional Conduct has been establishing appropriate standards of legal ethics in order to develop professional responsibility of the legal practitioners[6]. According to the Rules of Professional Conduct the solicitors are at the duty to avoid the most common breaches of legal ethics[7]. In this regard, it is worth noting that the legal practitioners should avoid negligence to the highest priority. However, in this regard it is important on the part of the attorneys to involve themselves in effective communication. It is essential that lawyers should bound themselves to reasonable contract and therefore is liable to keep their clients updated and well informed about the case involved by explaining each and every detail of the matter which would prove to be beneficial for the pur pose of their case. Secondly, it is crucial that advocates should maintain trust accounts of their clients in such a way so that they are distinct from their regular personal accounts. In case of violation on this part, the legal practitioners shall be equally liable. Thirdly, it is important that legal practitioners should act keeping in mind the principles of their profession. Solicitors should not mislead their clients and should not act fraudulently. Fourthly, legal practitioners are not acquainted with the power of malpractice. However, in some cases, such claims are often difficult to prove and the legal practitioners are at the risk to get sued on this ground if reasonable care is not taken in this regard. Therefore, it is worth mentioning that the person in dispute has an opportunity to bring a claim against the legal authority if there has been breach of legal ethics on the part of such authority. In this regard, it is noteworthy to mention here that in case of negligence, the immunity is an important exception where the liability is the rule as stated in Aib Group (Uk) Plc (Appellant) V Mark Redler Co Solicitors (Respondent) [2014] Uksc 58 - 05/11/14[8]. Therefore in the present scenario it can be stated that Mr. Steele could have avoided the contravention of legal ethics on his part by maintaining a proper communication with his client. He was at the duty to explain the provisions and the procedures involved in the matter directly to his client however; being a specialist in his field he failed to provide appropriate solution to his client. Duties of a legal practitioner on breach of legal ethics: It can be stated that since time immemorial, the profession of a legal practitioner has been defined as an honorable profession. The conduct of such legal practitioners is regulated by the legal profession by applying a set of binding rules. According to the Model Rules of Professional Conduct UK various rules are depicted in order to safeguard the rights of the legal practitioners in case of breach of legal ethics[9]. According to Rule 1 it is essential on the part of the legal practitioners to represent the cases of the clients with enthusiasm. Rule 2 denotes that lawyers have a social responsibility towards their clients and the court of justice in which the matter is operating. According to Rule 3 lawyers are required to explore their services by ensuring the ideals of justice. In this regard, Rule 4 states that legal practitioners working within firms are at the liability to uphold the integrity of their profession and therefore any misconduct in this regard shall be reported[10 ]. However, the Model Rules of Professional Conduct UK Rule 6 clearly addressed the importance of communication on the part of a legal practitioner regarding his services[11]. In the present case study it can be observed that Mr. Steele from the beginning informed Mr. Smith that he was in expert in dealing with cases regarding negligence. Therefore, it can be stated that Mr. Steele has provided wrong information regarding his services and thereby has committed misconduct on his part. In this regard, it is worth noting that Mr. Steele has violated the conduct of Rule 1 and Rule 7.1 of the Model Rules of Professional Conduct UK. In Harley v McDonald[12] it was held that negligence on the part of the legal practitioner by causing delay can result into professional misconduct. In this case it has held by the Court that negligence and delay can constitute professional misconduct and in some cases the reputation of such profession can be at stake. It was also held that acting with insufficien t knowledge can cause serious disrepute to the profession. According to the Model Code of Professional Conduct, on breach of ethical duties on the part of the legal practitioners it is believed that advocates are adequately knowledgeable and therefore possesses the capability to defend their clients under any circumstances. In this regard, it can be mentioned that the only breach of legal ethics that can occur on the part of the legal practitioners is regarding the overriding duties to the Court. However, such overriding duties have been interpreted by the Courts from time to time in a weak manner and therefore the codes of professional ethics are applied in cases where a legal practitioner acts dishonestly. Penalty imposed by the Courts: The national standards for ethical conduct governing legal practitioners have been first adopted by the American Bar Association in 1908[13]. In this context, Canon banned a number of legal practitioners from practicing law and at the same time cancelled their licenses. However, such provisions updated by the Canons were adopted by the Higher Courts of different states in order to control the professional conduct of legal practitioners. In this regard, it was ruled by the Court in Arthur Hall v Simons [2000] 3 WLR 543 [14] that it is unconstitutional on the part of the States to ban legal practitioners from practicing law and at the same time cancelling their licenses. It was held in this case that the states are not at the authority to impose ban on the advertisement of an advocate. However, few weeks after the decision a new set of rules was adopted by the Model Code of Professional Conduct which was earlier replaced on action of the Canons. It can be emphasized that since time imm emorial, legal practitioners have professionally trained themselves in the art of persuasion in order to provide efficient solution to the clients who need legal assistance[15]. It is worth mentioning that legal practitioners are at the liability to act in the best interests of their clients. The principle of honesty and integrity is followed by the legal professionals of all countries. The MBA Code has been allowing a legal professional to breach the confidentiality of a client for the purpose of collecting required fees[16]. However, in some states such provisions are defined to be illegal and therefore, the national codes states that it is the duty of a lawyer to act honestly and in the best interests of the clients. In the present scenario, it can be observed that Mr. Steel advertised to Mr. Smith that he is expert in his professional field and therefore he can provide him with appropriate solution. In this regard, it can be stated that Mr. Steele has caused misconduct of his profession by wrongly advertising his professional skills to Mr. Smith. Therefore, the Courts of Federal States of Micronesia are at the authority to cancel the license of Mr. Steele however, they cannot impose ban on the advertisement of his professional skills. References: Aib Group (Uk) Plc (Appellant) V Mark Redler Co Solicitors (Respondent) [2014] Uksc 58 - 05/11/14. Arthur Hall v Simons [2000] 3 WLR 543. B Anor V Secretary Of State For The Home Department Anor [2012] Ewhc 3770. Dellinger, Myanna. "Rethinking Force Majeure in Public International Law."Pace L. Rev.37 (2016): 455. Fortney, Susan Saab. "The Role of Ethics Audits in Improving Management Systems and Practices: An Empirical Examination of Management-Based Regulation of Law Firms.". Mary's J. on Legal Malpractice Ethics4 (2014): 112. Harley v McDonald PC 10 APR 2001. Harley V Mcdonald; Glasgow Harley (A Firm) V Mcdonald: Pc 10 Apr 2001. Hazelwood, Kristin J. "Technology and Client Communications: Preparing Law Students and New Lawyers to Make Choices That Comply with the Ethical Duties of Confidentiality, Competence, and Communication."Miss. LJ83 (2014): 245. Hill, Lousie Lark. "The Preclusion of Nonlawyer Ownership of Law Firms: Protecting the Interest of Clients of Protecting the Interest of Lawyers."Cap. UL Rev.42 (2014): 907. Houseman, Alan W. "To Establish Justice for All: The Past and Future of Civil Legal Aid in the United States." (2015): 325. Huang, Peter H. "How improving decision-making and mindfulness can improve legal ethics and professionalism."JL Bus. Ethics21 (2015): 35. Nersessian, David. "Business Lawyers as Worldwide Moral Gatekeepers: Legal Ethics and Human Rights in Global Corporate Practice."Geo. J. Legal Ethics28 (2015): 1135. Orchard v S E Electricity Bd [1987] QB 565, 571. Prentice, Robert A. "Behavioral ethics: Can it help lawyers (and others) be their best selves."Notre Dame JL Ethics Pub. Pol'y29 (2015): 35. Throop, C. Jason. "Moral moods."Ethos42.1 (2014): 65-83. Toohey, Timothy J. "Beyond Technophobia: Lawyers Ethical and Legal Obligations to Monitor Evolving Technology and Security Risks."Richmond Journal of Law Technology21.3 (2015): 9. Tuan, Nien-Tsu, and Corrinne Shaw. "Consideration of ethics in systemic thinking."Systemic Practice and Action Research29.1 (2016): 51-60.

The Science Of Inspriring People Through Song Essays -

The Science of Inspriring People Through Song Only every once in a while does a band come out with music that truly inspires people. Some good examples of such bands are The Who and Rush, with recent additions such as Weezer and Oasis. In an industry filled with people who have lost all sense of what good music is and whose only goals are to make money and become popular, it has become hard for bands such as those mentioned above to be noticed. Lately there has been a serious lack of quality in the music that has come out. In the early 90's bands such as Weezer and Oasis set a positive image of rock. Now, however with bands such as Korn, Limp Bizkit, and Slipknot musical quality has seriously deteriorated. It is my goal to re ignite the passion that once fueled bands such as Rush and Oasis. Only by making music that truly inspires people, using that music to make people think, and using that music to become successful I can achieve this goal. Making music that truly inspires people is a difficult and arduous task for many reasons. The musical world today is full of solo pop artists, so called ?boy bands?, and people who wouldn't know what good music was if you dropped it on their head (yes I'm talking about all of the Britney Spears, Backstreet Boys, and Puff Daddy's out there). While these people are often referred, to as the ?best musicians and bands of our time? they should not even get credit for their music. If they were real musicians and bands they would write all of their music themselves, everything from the lyrics to the actual music. Having someone else write your lyrics for you is the lowest that any musician can stoop. To write a truly inspirational and meaningful song it has to come from the heart. Songs today such as ?Blue?, ?All the Small Things?, and ?Break Stuff? have such trite lyrics that anybody who hears them should be repulsed, however the masses continue to listen to them because they are ?trendy.? If you want to hear good lyrics you should listen to anything by weezer, Zao, or Oasis. I hope to follow in the footsteps of one of my heroes Rivers Cuomo, the lead singer for Weezer, and write lyrics that make people feel good about themselves. The next step to achieving my goal would be to use the music that I have labored over to make people think about what I am trying to say. This is probably the hardest of the three steps to obtaining my goal. People who are fanatics of ?music? genres such as rap, techno, and pop are usually pretty selfish in the music they listen to in the fact that they usually don't like to listen to music that actually takes talent to perform. In a conversation I had with a rap fanatic we began to argue about the amount of talent that rappers had as compared to rock bands (please notice I use the term ?rock? loosely so as not to confuse you with the names of various genres). He was arguing with me that Sisqo, the singer of ?The Thong Song?, has so much more talent than any rocker. What this guy doesn't realize is that it probably didn't take Sisqo to long to write the lyrics to ?The Thong Song?, whereas a song that truly inspires could take days, even years to write. I can guarantee you that ?The T hong Song? isn't going to make anybody actually think. Meanwhile, the song ?Justice Prevails? by Further Seems Forever (who my friends and I have given the nickname ?the next Rush?) has already touched many people's lives that I know, including mine. Ten years from now nobody will remember what was ?popular? now because those artists won't be around anymore, but I can guarantee you that Further Seems Forever will still be pumping out great songs. If I found out that just one of my songs actually made somebody say, ?Wow, I can understand where this guy is coming from? I could die satisfied. The final step towards the achievement of my goal is to use