Thursday, October 17, 2019
Compairing between Islam religion and Liberalism Essay
Compairing between Islam religion and Liberalism - Essay Example The principal beliefs of Muslims fall into six chief categories (primarily referred to as ââ¬Å"articles of faithâ⬠), namely: faith in unity of God, angles, afterlife, prophets, destiny/divine decree, and books of revelation (Ridgeon, 2003). The religious concepts and practices of Islam encompass five pillars of Islam, which are considered mandatory for all believers as the core concepts and obligatory acts of worship. The five basic acts in Islam touch on virtually every aspect of life and society and encompass aspects such as creed, daily prayers, almsgiving, fasting at the time of Ramadan, and pilgrimage to Mecca at least once in a personââ¬â¢s lifetime. Muslims advocate Sharia law, which is an Islamic law shaped by traditional Islamic scholarship. According to Islam, Sharia law is an expression of the divine will and comprises of a system of duties endowed upon all Muslims by virtue of their religious belief (Hashemi, 2009). Liberal religion represents a religious tradition that accommodates the theological diversity of a congregation instead of a single creed, authority or writing. Liberal religion draws resources from a diverse range of traditions, which makes it impossible to delineate the religion as either Christian, Jewish, or any certain religious faith. Liberal theology covers diverse philosophically and biblically inspired religious movement, which developed as a consequence of the enlightenment (Ridgeon, 2003). Liberalism is a method of biblical hermeneutics representing an undogmatic means of understanding God via the application of scripture. Liberals hold that human beings are not necessarily altruistic, although they are capable of reasonable decision making. Liberalism advocate for a free and responsible pursuit of truth and meaning, freedom of conscience, and application of the democratic process within the society. According to Liberalism, the ultimate objective
Wednesday, October 16, 2019
Geriatrics Research Paper Example | Topics and Well Written Essays - 2500 words
Geriatrics - Research Paper Example Any serious attempt at mitigating the detrimental effects of heart disease on cost and health of the population has to ensure certain interventions (Meng, Wamsley, Eggert, & Van Nostrand, 2007, p. 322). These are the systematic application of primary, secondary, and tertiary prevention strategies to individuals who are at risk of developing heart disease. Tertiary prevention strategies relate to the provision of adequate treatment for heart disease, and this also comprises of reducing the severity of the ailment and occurrence of complications (Meng, Wamsley, Eggert, & Van Nostrand, 2007, p. 322). Furthermore, it has been projected that there could be a substantial increase in the number of people with heart disease in the coming decades, and in this backdrop, it becomes indispensable to adopt these prevention strategies, without any delay. Although, there has been a reduction in the prevalence of disability, the absolute size of the disabled groups has been projected to surpass the 12 million mark, by the year 2030 (Meng, Wamsley, Eggert, & Van Nostrand, 2007, p. 322). The excessive consumption of alcohol has been seen to increase the risk of medical, functional, and psychological disorders to which the older adults are significantly more susceptible. Quite frequently, the excessive consumption of alcohol is a component of other undesirable traits, such as an inadequate diet, smoking, and obesity (Satre, Gordon, & Weisner, 2007, p. 238). This tends to enhance the cumulative risk, with regard to the development of medical problems. Nevertheless, moderate drinking was seen to provide health benefits. With regard to heart disease, moderate drinking had reduced mortality, in comparison to heavy drinking or abstinence. Thus, alcohol can be beneficial to health if consumed in moderate quantities (Satre, Gordon, & Weisner, 2007, p. 238). As shown by the research of Grant and Harford and other scholars, the abuse of alcohol or its consumption in large quantities, and symptoms of depression or major depressive disorder frequently arise in the later stages of life. In addition, a correlation between the abuse of alcohol and depressive symptoms or major depression has also been reported by some research studies (Choi & Dinitto, 2011, p. 860). This relationship has been seen to affect males, as well as females. However, as shown by Blazer, older females develop depressive symptoms to a greater extent than their male counterparts. At this juncture, it has to be emphasized that the older females, have a much greater proclivity to refrain from drinking. On the few occasions that the older females indulge in drink, they have been seen to imbibe much less than the older males. These findings stress the necessity for further examination, in determining the correlation between alcohol use and depressive symptoms (Choi & Dinitto, 2011, p. 860). In addition, smoking enhances the risk of cancer among the elderly people. Abstinence from smoking, proper nutriti on, and exercise on regular basis promote good health. These elements are considered as good health behaviors, and have the capacity to reduce the likelihood of hospitalization and the risk of death. Moreover, these habits promote the functional and behavioral performance of people of all ages (Fillenbaum, Burchett, Kuchibhatla, Cohen, & Blazer, 2007, p. 73). As such, these habits pro
Tuesday, October 15, 2019
Ecological Footprint Analysis Article Example | Topics and Well Written Essays - 750 words
Ecological Footprint Analysis - Article Example Further on the most popular methodologies of environmental impact measurement, such as the Ecological Footprint Analysis (EFA) and the Carbon Footprint are considered. The Ecological Footprint Analysis (EFA) first occurred in 1996 and was focused on measurements of consumed natural resources. This concept is defined in the following way: ââ¬Å"the total area of biologically productive land and water required by an entity to sustain its current consumption levelsâ⬠(Haque 2005). EFA is a helpful tool defining the magnitude of consumption. Every nation has its own measurement of EFA. For example, Canadian footprint is 7.8 ha per capita (Schmidt 2002, p. N/A). Therefore, in average, every citizen of the planet consumes 2 hectares of earth. There are many benefits of EFA as the measurement method of ecological consumption. This measurement enables nations to develop patterns of consumption. Moreover, the EFA serves as a factor of sustainability influencing policy changes and practi ces. Nevertheless, there are also some drawbacks in EFA. This measurement is a static and consumption is presented as a static phenomenon measured at a certain point of time. Each person can consume less goods and services and in such a way, it is not a realistic way to appropriate and consumption measurement of ecological resources. There are many factors missed in measurement of EFA, such as toxic waste production and assimilation, but much attention is paid only to environmental impact of the consumption. Very often EFA is beneficial, because it is very quick and does not require numerous attributes to the sample. There are many impurities related to gas, crucible and accelerator. In average, carbon contribution to the carbon signal can be measured and calculated (York, 2009, p. N/A). There are numerous inconsistencies triggered by the levels of impurity and this affects a failure of exact measurements. The accuracy of determination is often questioned because of quick measuring methodologies. Basically, EFA refers to the amount of resources consumed by people, especially water and land. A Carbon Footprint is focused on greenhouse gases emission. EFA contains greenhouse gas calculations. Both of these methods are focused on human activitiesââ¬â¢ impact on the ecology and the environment. Actually, there is an evident difference between these two methods, such as operational mode of methods. EFA looks like an accounting balance sheet of the global world. Minus side of the sheet is occupied by resource-consuming activities supporting human life, such as energy consumption, logging, construction, fishing or hunting and waste caused by those activities. On the plus side there is the Earth's bio-capacity, i. e. the natural ability of the environment to replace the resources and consume the waste (Heddings and Wendy, 2009, p. N/A). Ecological footprints are focused on estimation of sea and forest areas, which absorb greenhouse gases. The strategy of carbon foo tprints measurements has been widely spread for a long period of time (Wheeler 2004, p. N/A). The areas of greenhouse gas waste are used for increasing awareness of the gas impact on climate change. People contribute much to burn fossil fuels directly impacts an ecological footprint. More greenhouse gases require more sea and forest
Monday, October 14, 2019
Significant Meanings Regarding the Myth of Cronus Essay Example for Free
Significant Meanings Regarding the Myth of Cronus Essay As Hesiod stated in Theogony (126-491), the Titan son, Cronus was born to the Greek God of the sky Uranus, and Gaia, the mother of earth. Cronus had eleven Titan brothers and sisters, and was the brother of three Cyclops, as well as the invincible Hecatonchires. For no particularly defined reason, after each of his children were born, Uranus chose to hide them in the depths of the earth or Gaia. At one point, Gaia devised a plan to free her children, which led to the removal of Uranus from power. In doing so, Cronus was now in control of the throne during the Golden Ages. After doing so, Cronus chose his sister Rhea as his mate. For fear that his promised destiny envisioned him being dethroned by his offspring, much like the fate of his father, Cronus swallowed each of his offspring as they were born, until one day being deceived by Rhea; which allowed his son Zeus to become the new ruler of all. (Pages 60, 67-70). The story about Cronus is one of the most important myths in Greek Mythology as it explains the very basics of human nature, thoughts and desires when combined with greed, overconfidence, and power. Although Cronus strived for everlasting power, and was willing to do anything to stay in control, he may have been emotionally torn in regards to the methods he took. This is stressed repeatedly in the fact that as stated by Morford, Lenardon and Sham in Classical Mythology; most depictions of Cronus show him to be sad or depressed and always with his sickle in hand (Page 70). The fact that he is displayed as sad demonstrates that with all the power in the world, he still is not happy with what he is. The sickle represents the fact that he is continuously on guard against possible actions against him as well as the brute force that he will use in order to retain power. Although not mythical creatures, political figures have allowed this to occur in our recent history. Regardless of their initial reasoning for taking office, at times political leaders get so wrapped up in the power that their office represents that they imprison or slaughter political opponents, and strip certain rights away from citizens due to the aranoia that they face. Modern day examples of this could be seen in countries such as North Korea, Iran and a fragment of the United States population may also claim America is headed in this direction. This demonstrates that regardless of initial motivations, leaders occasionally stray from their natural behavior once they are faced with possible resistance. The harsh actions carried out by Cronus may have also been fueled by the harsh treatment and abandonment that he felt was carried out by his father Uranus. Based on the tactics Cronus carried out once he was in power, it is safe to conclude that he did not necessarily oppose the actions his father carried out as much as he simply opposed the fact that those actions were directed at him, and limited his rise to power. Cronus had every opportunity to become a hero in this story, however due to the fall of grace that he witnessed with Uranus; the idea that he may lose control of his kingdom quickly controlled his actions and turned him into a paranoid villain at the end. It is quite possible that if Uranus as a role model to Cronus chose a different path in regards to handling his power, Cronus may have reacted differently if or when he was given the chance to lead. Another lesson this story exhibits is that regardless of people thinking they know best, human beings more often than not repeat the same mistakes that their previous generations made in the past. As Hesiod stated in Theogony (459-467), there would be negative repercussions for the actions that Cronus was taking, regardless of this, he continued on his path for absolute power (Page 69). Common day examples of this phenomenon can be seen in everyday life. Individual action such as the tragic results of drinking and driving or smoking still take place today, regardless of the fact that we already know the possible long term repercussions of these actions. On a larger scale, it can also be seen with global events such as repeated wars with no foreseen positive outcome. Repeated mistakes and consequences have tainted both our world and Classical Mythology throughout the ages. The fact that Cronus was deceived into believing a simple stone was Zeus as Hesiod stated in Theogony (481-491) displayed that Cronus fell victim to overconfidence regarding his plan to retain control of power, or at the very least was an example a lack of vigilance. (Page 70). Regardless of all the protocols that Cronus was taking in order to retain complete power; one remote instance of carelessness during a critical moment in his life eventually led to his downfall. Hesiod was attempting to demonstrate that regardless of the situation one fines themselves in; you should never be so overconfident that you become complacent. In a time before modern science and vast exploration of the earth, the story surrounding the life of Cronus was a means to clarify the unexplainable negative actions some people make in regards to human nature and society. The classical mythology surrounding Cronus demonstrated missteps, lack of judgment, greed and insecurities that led to his eventual downfall. The actions of Cronus were simply driven by his ambition to gain and retain power. The downfall of Cronus was mostly brought upon by his insecurities as well as greed. Cronus was brought into existence by Hesiod in order to display the insecurities and irrational behaviors of some of those in power. It served as a metaphor at that time, one that is still effective as displayed in politics today. Politics aside, it also served an example of the common evil and greed that is displayed on a daily basis in our world. The rise and fall of Cronus has taught many important lessons that were significant when it was written and the lessons still hold true to this day.
Sunday, October 13, 2019
Stakeholder Management And Its Contribution To Project Success Construction Essay
Stakeholder Management And Its Contribution To Project Success Construction Essay Project management is an evolving discipline which is relatively new in both practice and academics hence knowledge is drawn from other disciplines to further advance both theory and practice in managing projects. Consequently this research will draw from different academic disciplines for its theory and the construction industry for its practice. To this end a project could be described as a strategy used by organisations to achieve its strategic goal, the strategy could be suggested to have a start and an end date (Turner 2009 p.20; Holton 2002 p.10-2). It could also be suggested that the word organisation in the above definition by Turner 2009 could be called the project stakeholder. Olanda and Landin (2005 p.321) defined project stakeholders as a: à ¢Ã¢â ¬Ã ¦group of people who have a vested interest in the success of a project and the environment within which the project operatesà ¢Ã¢â ¬Ã ¦ This research is focused on investigating the impact of stakeholder management and its contribution to project success in the construction industry. It could be suggested that the use of PMIs life cycle phases be adopted for the entire project plan as seen in figure 1 below. Figure -Project Lifecycle The project initiation phase of this report will include proposing a project research topic, assigning a project supervisor or project sponsor and proposing a research plan. While the project planning phase will include reviewing of the available project materials and the execution phase will involve writing up the literature review and project methodology. Handover and closeout will involve submitting the final report to supervisor and award of Msc degree in Project Management. Lessons learnt could be suggested to be the feedback and experience gained in during the research. 1.2 Project Context Project Context could be suggested to be the setting in which a project is carried out (ApmBok 2009). In relation to the above description, the aim of this research is in agreement with the above suggestion (Achterkamp and Vis 2008 pg 749). 1.3 Project Rationale 1.3.1 Academic Rationale The academic research into project stakeholders has been attractive and extensive to researchers and professionals. Evidence shows that the construction industry accounts directly for 10% GDP growth in the UK (Cridland and Wates 2009 p.5),this goes to justify the need to investigate the impact of stakeholder management and its contribution to project success in the construction industry and also fulfil the academic requirement of the award of Masters Degree. 1.3.2 Business Rationale The economic implications for any organisation if projects fail will be devastating considering the above report by Wates and Cridland (2009 p5), this report shows that the construction industry account for 10% GDP growth. Project failure of any kind in the current economic climate will cost the organization its finance and jobs e.g. BP deep horizon in the US Gulf Coast where the collapse of a well led to fatalities which in-turn increased BPs financial burden. 1.3.3 Personal Rationale It could be suggested that as a project management professional, embarking on this research will help one better understand the principles of stakeholder management. The knowledge gained from this research will clarify any unanswered questions at the end of this research. 1.4 Aim and Objectives This research is aimed at: Investigating the impact of stakeholder management and its contribution to project success in the construction industry Objectives To explore the principles of stakeholder management and project success. To assess the benefits and challenges of stakeholder management. To correlate a relationship between stakeholder management and project success. To propose a strategy for measuring the impact of stakeholder management thereby assessing its impact on project success. To make recommendations for improved stakeholder management practices. 1.4.2 Project Scope According to Burke (2003 p. 104) project scope identifies when a project has been successfully completed within specified requirement. The scope for this project will involve activities such as writing the literature review, research methodology and drawing on the findings of the above mentioned activities to come up with a conclusion and recommendation. The scope of this research excludes the execution of the primary research. 1.4.3 Project Deliverables Project deliverables for this research is suggested to be the outcome of the report at every stage of the lifecycle (ApmBok 2009 p.135). The deliverables as shown in Table 1 are generalised and subject to being revised at the end of this report. Table Project deliverables Deliverables Description Project Research Plan Introduction/ Background Project Context and Project Rationale Project Definition Project Approach Research Project Schedule Resource Requirements Ethical Considerations Literature Review Research of theory and practice within the construction industry Project Approach or Methodology It involves the description of the process in the collection and evaluation of data that will be used to achieve the overall aim and objectives of this report. Project Proposal This involves outlining a research proposal from the finding and the analysis done in the project approach section. Conclusion and Recommendation This section involves the final summation of all the data used and presenting recommendation(s) where necessary. 1.4.4 Assumption, Constraints and Considerations Assumptions The project will be delivered on time, quality and within budget. The literature / materials needed to complete the project will be readily available. That the project aim and objectives will be met at the end of the project. Constraints The time required by the sponsor to complete the report. Combining three live projects at the same period. i.e. CPD, Group placement and dissertation. Considerations That the report will inspire its readers to proceed towards a primary research. That there will be more research into the impact of project stakeholders and its contribution to project success within the construction industry. 1.5 Initial Literature Review 1.5.1 Stakeholder Management Project stakeholders have been widely discussed in various project management literatures. Fewings (2005 p.34) described project stakeholders as people that their interest could affect the outcome of the project while Olanda and Landin (2005 p.321) agues that although project stakeholders are group of people with different interest in a particular project, they are also interested in a successful outcome no matter the level of interest. Since this research will be focusing on stakeholder management, McElroy and Mills (2007 p.270) suggested that stakeholder management deals with the relationships between stakeholders within projects. This relationship must be developed and structured so as to achieve a successful outcome. McElroy and Mills (2007 p.270) description of stakeholder management is convincing because different bodies of knowledge are yet to agree on a particular description for stakeholder management. Fewings (2005) and Olanda Landin (2005) perspectives on project stakeholders in relation to stakeholder management is valid in that all agreed that stakeholders are made up of more than one individual, so managing this relationship as described by McElroy and Mills (2007 p.270) will determine if a project is a success or a failure . 1.5.2 Project Success Yu et al. (2005) suggested that a: Projectà is a success if its created product adds value to the client, considering the cost to the client at the point of acceptance While there is no definite definition to what project success is or what will be the best way to define success, this report would look into critical success criteria used in the construction industry to determine when a project is successful. The ApmBok (2009) defined project success as: à ¢Ã¢â ¬Ã ¦the satisfaction of stakeholder needs measured by the success criteria as identified and agreed at the start of the projectà ¢Ã¢â ¬Ã ¦ 1.6 Project Research Approach In this section it could be suggested that a proposed research approach be developed, this approach would be aligned with the project aim and objectives. To achieve the above this report has identified two methods or type of research, this are the Primary and Secondary research. A primary research entails the collection of new data or expansion of existing theories in project management body of knowledge. This could be achieved by using the following methods: the use of questionnaires, sampling and survey. Data for this research would be collected though documentary research. This involves analysing various literatures relating to the research; given that this research is a secondary research, a qualitative method will be employed. 1.6.1 Ethical Consideration Sekaran (2000, p17) defined ethics as a code of conduct or expected societal norm of behaviour while conducting a research or project . Below in table 2 are the ethical considerations used to compile this research. Table -Ethical Consideration This research was carefully structured to avoid any misrepresentation or distortion of data collected. All information used for this research was adequately referenced to avoid plagiarism. This report was written with due respect for the subject and authors All information used for this report is in line with universities academic guidelines. Sekaran ( 2000, p.261) 1.7 Project Planning / Report Schedule Burke (2003, p.94) defined project schedule as à ¢Ã¢â ¬Ã ¦a process required to ensure that various elements of the project are properly managed and controlledà ¢Ã¢â ¬Ã ¦ The project schedule will be used to assign expected start date and expected finish date. The schedule is in a Gantt chart, this could be suggested to be in agreement with (Burke 2003) definition. See Appendix 1 for more details. 1.8 Project Resource Requirements and Budget The resources required for a successful completion of this project is listed in Table 2 and the cost estimate that would apply to both primary and secondary research is in Table 3 Figure -Resources Requirement Human Resources Description Hours Researcher Researcher would carry out a secondary research and prepare a primary research plan to be used to further analyse the project aim 600 Academic supervisor The academic supervisor would give guidance, review and monitor project to ascertain if the project is within scope. 60 Project sponsor The project sponsor and management would be need during an actual primary research. 100 Table Project Budget Activity Budget Source Cost for Researcher and supervisor à £3000 RGU and Sponsor Printing of dissertation and buying of CD drives ( hard and soft copies) à £200 Researcher and Sponsor (in the case of a primary Research) Transport is Dependent on the location of the organisation and RGU library Not Determined at present Researcher and Sponsor 1.8.1 Risk Matrix Risk management is a key area in APM and PMI bodies of knowledge; projects are often associated with one form of risk or another (Raz Michael 2000), controlling this risk is an important task for any researcher. To this end, this report will take a proactive role in controlling risks associated to this project by developing a risk plan which can be seen in Table 4 Table Risk Matrix RISK Probability Impact Rating Mitigating Measure New Rating Difficulty in accessing data for literature review 3 5 15 An early start would be suggested, so as to either change research topic or source for resources 5 The aim of the research becomes to wide to handle 3 4 12 Ensure research topic is specific not too wide 4 Too many information 2 4 8 Start gathering and arranging information on time 2 Technological Difficulty 3 5 15 Back up all files and attend classes on software training 4 Respondents for the primary research are not co-operative 2 5 10 Ascertain at an early stage the willingness of respondent 5 Delays leading up to dead line 3 5 15 Early start ensures an early finish 5 The key describing the colour coding is in Appendix 2 1.9 Report Layout Figure Report Layout
Saturday, October 12, 2019
Rocky Marciano :: essays research papers
On Sept. 1, 1923 Mr. and Mrs. Pierino Marchegiano of Brockton, MA became the proud parents of a lively twelve pound baby boy. The child was named Rocco Marchegiano, but the world would one day know him as the legendary boxer Rocky Marciano. When "bambino Rocco" was 18 months of age, he contracted pneumonia. Although the infection nearly killed him, his exceptionally strong constitution enabled him to survive without impairment. As a pre-teenager, Rocky relished his mother's Italian cooking so much he bordered on being stocky. This was underscored by his relatively short but muscular arms and legs. However, even at this young age, his overall bearing suggested exceptional physical strength. Throughout his teenage years, Rocky took great advantage of living across the street from the James Edgar Playground, where he especially enjoyed playing baseball. It was during this period that he began the habit of exercising to his limit." After spending countless hours hitting and chasing after baseballs, he would often go home and do chinups and lift homemade weights until he was totally fatigued." After supper, "Rocky and his pals often spent hours pummelling a stuffed mail sack that hung from an oak tree in the Marchegiano's back yard....In hot weather, they usually finished their workouts by racing over to Saxton's Spring to get a cold drink of water." Unfortunately, Rocky's experience of growing up in a multi-ethnic, working-class setting contributed to his involvement in a number of "altercations." Although most were territorial battles that took place at James Edgar Field, some occurred well beyond.... Even prior to his teenage years, Rocky's reputation for being a "really tough Italian kid" extended all the way over to the Bush, Brockton's Irish section. However, by the time he was 14, Rocky's notoriety as a baseball slugger began to overtake his reputation as a slugger with his fists. The legend of his athletic prowess began at age 15 when, as cleanup batter on the local American Legion team, he blasted a towering home run over the left field fence at James Edgar Playground. It landed on the front porch of a slightly irate neighbor. At age 15, Rocky entered Brockton High School - an institution with a nationally prestigious football tradition. Error! Bookmark not defined. Rocky's favorite subjects were Italian and Manual Training. And, except for a rather erratic scholastic record, all went reasonably well for him - at first.
Friday, October 11, 2019
China as a Member of the TRIPs Agreement: on the Path of Implementation Essay
The multilateral trading system in the world has been governed by the General Agreement on Tariffs and Trade (GATT) for more than 50 years . The GATT was commenced in 1947 . Its implementation became a powerful spur to advancement of world market due to promotion of free trade which contributes greatly to world economic growth and sustainable development. The World Trade Organization (WTO) became the successor of the GATT being established by the Uruguay Round ââ¬â the last trade round launched more than fifteen years ago. It was ââ¬Å"the most ambitious thus far, and some of its agreements are still being implementedâ⬠. Tariffs reduction had encompassed much more world economy sectors than during the previous rounds. The documents adopted by the Uruguay Round established that quantitative restrictions would be actually eliminated by 2005. The round has developed regulations of the international trade applying to areas being earlier outside of the adequate control or coped by week rules. Especially it concerns the tradeââ¬ârelated intellectual property rights (TRIPs). In the course of the Uruguay round developing countries played a more active role than in previous rounds and adopted the same WTO agreements as other members ââ¬Å"as part of the roundââ¬â¢s single undertaking ââ¬â nothing is agreed until everything is agreedâ⬠. To date the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement) seems to be the most universal international covenant on intellectual property rights (IPRs) regulation. It was ââ¬Å"an integral part of the Agreement establishing the WTO, comprising Annexe 1C to that Agreementâ⬠and replenished the basic World Intellectual Property Organization (WIPO) Conventions with essential liabilities in the framework of WTO subjects . This agreement implemented new rules presupposing both advantages and expenses for the participants of international markets. Its implementation undoubtedly constitutes a task far from being easy, especially for less developed countries. The TRIPs Agreement imposes certain obligations upon the latter to adopt legislation that protects patents for inventions. As one of the multilateral trade agreements, it is binding on all members and hence also a condition of membership for countries which have not yet joined the WTO. Such a condition is a significant one for countries seeking to join the WTO such as the Peopleââ¬â¢s Republic of China. Here we will explore this countryââ¬â¢s involvement into the process of adjusting its laws to conform to TRIPs, especially in the field of patentsââ¬â¢ protection, evaluate its successes and faults on this path, consider the impact of those changes and make the conclusions concerning possible ways of acceleration and optimization of implementation process. The Obligations of the TRIPs Agreement Members The TRIPs Agreement came into effect in 1995. It entailed standards ââ¬Å"concerning the availability, scope and useâ⬠of IPRs in all categories of intellectual property, namely copyright and related rights, trademarks, geographical indications, industrial designs, patents, layout-designs of integrated circuits, protection of undisclosed information . Article 27 (Part II Section 5) of the TRIPs deals with patentable subject matter, stating the spheres of patentsââ¬â¢ availability in member countries (hereinafter referred to as a member): Patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application. [â⬠¦] Patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field of technology and whether products are imported or locally produced. The next article determines the exclusive rights which should be granted upon the patents issued in a member. It imposes on the member the obligation to forestall third parties from using neither the patented product nor the patented process anyhow without its ownerââ¬â¢s permission. For his turn, the owner has the right to assign or transfer the patent. What is an important aspect for the developing countries, the member has to inquire the patent applicant about the information as to the applicantââ¬â¢s corresponding foreign applications and grants to prevent patents duplication. Exemption from such obligation in regards to crossââ¬âborder use cover only very specified cases as for example those of ââ¬Å"a national emergency or other circumstances of extreme urgency or [â⬠¦] of public non-commercial useâ⬠(Article 31 (b)) subject to prompt informing of the right holder. The competent authority of the member should have power to consider applying such exemption to certain cases and possible duration of the above mentioned circumstances. Officially permitted legitimacy of any decision relating to the permission of such use should be subject to judicial review or other independent review by the competent authority of the member. In cases when the permission to utilize the patent is obtained, the member is to provide the following prerequisites: (i) the invention claimed in the second patent shall involve an important technical advance of considerable economic significance in relation to the invention claimed in the first patent; (ii) the owner of the first patent shall be entitled to a cross-license on reasonable terms to use the invention claimed in the second patent; and (iii) the use authorized in respect of the first patent shall be non-assignable except with the assignment of the second patent (Article 31 (l)). Upon Article 32 the member has the obligation to make available the opportunity for legal review of any decision made on recalling or forfeiting the patent. In the TRIPS agreement there is a very accurate definition of duration of the patentââ¬â¢s protection ââ¬â twenty years from the date of registration (Article 33). à In the cases of infringement of the patent ownerââ¬â¢s rights as regards to patents for processes leading to generation of the product the agreement calls for the members to empower the corresponding legal authority to require the proved information about the difference between such process and those for manufacturing the identical product (Article 34). For the realization of the above concerned obligations the TRIPS agreement anticipates specified enforcement procedures which should be available in the members to strive against infringements of IPRs. Those include ââ¬Å"expeditious remedies to prevent infringements and remedies which constitute a deterrent to further infringementsâ⬠which are to be applied by means excluding ââ¬Å"the creation of barriers to legitimate trade and to provide for safeguards against their abuse (Article 41.1)â⬠. The Developing Countries Advantages upon the TRIPs Agreement The main motives behind the move of the governments of many nations, and in particular, of developing countries, to enter the TRIPs Agreement had been, firstly, the fact of steady raising in developing countriesââ¬â¢ exports of industrial goods into markets where earlier only developed countries were present which, in turn, made the latter to ââ¬Å"rely more heavily on their comparative advantage in the production of intellectual propertyâ⬠; and, secondly, rather high expenditures involved by highââ¬âtech companies in different countries for research, innovation and development of knowââ¬âhow spurred them to try to find ââ¬Å"international protection of intellectual property rightsâ⬠. In general, the WTO agreements apply several instruments to make available some advantages to developing countries. Among them there are distinguishing of their interests without imposing any officially authorized obligations upon them; reducing their liabilities on some agreements in comparison with those of developed countries (which let them to protect their domestic markets more effectively). Some of the WTO agreements permit them longer implementation periods for certain obligations. In many WTO disciplines there are agreements encompassing provisions for technical assistance from developed countries to developing countries. All those are aimed at facilitation of transitional processes in the latter and giving them a chance to overtake the former. Like other parts of the WTO agreement, the TRIPs agreement grants the substantial preference to developing countries ââ¬â they had four years for implementation of the agreement provisions (until the beginning of 2000), moreover this term became subject to prolongation to ten years (until 1 January 2005) for technology sectors where no previous IP protection accorded. The preferences for developing countries look adequate enough, and it is obvious that developing countries would derive benefit from implementation of efficient IPRs protection stipulated by the TRIPs agreement. Obtaining higher levels of intellectual property protection should lead to larger innovation globally from which all gain. It will stimulate attraction of more foreign direct investment (FDI) and technology transfer in view of increasing foreignersââ¬â¢ confidence in the products made in developing countries. But the process of implementation is costly too. The necessary costs of course vary depending on the memberââ¬â¢s phase of development as well as its industry and technology basis. Where much innovation is informal, there are potential problems of access to, and affordability of, patent applications. Patent systems may be disproportionately expensive to set up and maintain. Chinaââ¬â¢s Involvement into the TRIPs Agreement China is a unique country. It combines the features of both developed and developing countries. Evan Medeiros and Taylor Fravel emphasize that in this country evidence of the change abounds. They affirm ââ¬Å"Chinese foreign policy has become [in the last ten years] far more nimble and engaging than at any time in history of the Peopleââ¬â¢s Republicâ⬠. As for other developing countries the main concerns for China were limited coverage for products and processes, short terms of patents protection, wide scope for obligatory licensing, and inefficient enforcement in the cases of IPRs infringements. But last decades this country has been made giant steps to the progress. Few nations have changed as fast ââ¬â or as dramatically ââ¬â as China has since the 1970s. The worldââ¬â¢s most populous nation has radically liberalized its economy and gone from producing lowââ¬âquality and simple exports to sophisticated highââ¬âtechnology goods, while nurturing a vibrant private sector and attracting nearly $500 billion in foreign direct investment. After the death of Mao, Deng Xiaoping came to power in the Peopleââ¬â¢s Republic of China. Since that time fundamental changes launched in the country ââ¬â an ââ¬Å"open doorâ⬠policy was proclaimed re-opening Chinese markets and allowing citizens to own limited private property. Further rush development was unbelievable. In 1979 China entered into the Agreement on Trade Relations with the USA which required both parties to provide each otherââ¬â¢s nationals with a corresponding level of IPRs. In accordance with this agreement the country became a member of the WIPO in 1980 and acceded to the Paris Convention for the Protection of Industrial Property in 1984. China also enacted a Trademark Law in 1982 and a Patent Law in 1984. Upon these regulations China provided authors and inventors with limited IPRs protection. As a final accord of this movement in 1995 China entered into the TRIPs Agreement with the USA. Peopleââ¬â¢s Republic has committed itself, pursuant to this agreement, to raising the standards of intellectual property protection by means of implementation of enforcement measures and development of legal enforcement structure. The agreement envisaged expansion of US goods access to Chinese market and vice versa as well as certain changes in the IPRs protection legislation of China aimed to make it more transparent . Furthermore the country has patterned its IPR laws on international treaties: the Berne Convention and the World Trade Organizationââ¬â¢s 1995 TRIPs Agreement. China acceded to the WTO on 11 December 2001. In order to ensure its accession to this organization, China preliminary ratified international intellectual property treaties and conventions and amended its laws. The Course of Implementation Despite of objective difficulties in implementation of IPRs legislation in China, the government succeeded greatly in the struggle against infringements of IPRs. Many laws adopted in 1980ââ¬â1990s reinforced the system of these rights protection in all the categories: copyright, patent, trade secrets and trademark. For instance, as regards to patents protection, in 1993 China ââ¬Å"extended coverage from fifteen to twenty years and also created the China Patent Management System (CPMS), a computerized system designed to handle patent applications more efficientlyâ⬠. Besides China expanded patent envelopment to pharmaceutical industry that was excluded before. For instance, in 1997 CPMS ââ¬Å"accepted 114,208 patent applications, including 24,137 from foreignersâ⬠. For many years before China became a WTO member, the state authority bodies such as police force and legal agencies had been vigorously striving against IPRs infringements especially piracy . à Beginning at 1982 China adopted many laws covering the field of IPRs protection, ââ¬Å"such as the Trademark Law, Patent Law, Technology Contract Law, Copyright Law, Anti-Unfair Competition Law, and Regulations on Protection for Computer Softwareâ⬠. Notwithstanding the fact that China lacks long tradition for respect and protection of intellectual property , the progress of the country is doubtless. The Chinese government has recognized that to encourage technology transfer, there must be protection for technology. Such attitude resulted in adopting series of documents dealing with IPRs issues. Also the great importance of these issues led to the necessity to have qualified staff in patent law. Thus, now several of Chinaââ¬â¢s top universities, including Tsinghua University in Beijing, have patent departments. Among the regulations adopted and amended last years there were documents regarding patents and licensing. On 28 December 2002, the State Council of China issued the Decree No. 368, modifying Article 101 and 108 of the Implementing Rules of the Patent Law of the Peopleââ¬â¢s Republic of China. Modifications only involved new provisions concerning the implementation of the patent cooperation treaty, i.e. that the time-limit for international applications entering into the phase for individual country consideration should be unified as 30 months upon the priority date. On 13 June 2003, the State Intellectual Property Office of the Peopleââ¬â¢s Republic of China (SIPO) issued the Methods of Compulsory Licensing for the Implementation of Patents, which came into effect on 15 July 2003. Patent Law of China was adopted much earlier ââ¬â at the 4th Session of the Standing Committee of the Sixth National Peopleââ¬â¢s Congress on March 12, 1984, and further amended by the Decision Regarding the Revision of the Patent Law of China, adopted at the 27th Session of the Standing Committee on September 4, 1992. Recently the Patent Law was revised in August 2003. The Implementing Rules of the Patent Law of the Peopleââ¬â¢s Republic of China has been revised in June 2001 and December 2002. Such revisions have brought these laws and regulations into full conformity with the TRIPS Agreement. Wang Jingchuan, Commissioner of the SIPO, in his message said: à The creation, occupation and utilization of knowledge and intelligence resources, and quantity and quality in possession of intellectual property have become the key elements to the economic development of a country and the important foundation for countriesââ¬â¢ participation into the competition of economic globalization and be in harmony of the world economy system. He stated that the IPRs system in China has been established and further improved last years. But much work has to be done in this field. He emphasized especially the importance of ensuring protection to interests of foreign patent applicants. In general, the main targets for the national patent work were defined by ââ¬ËTenth Fiveââ¬âyear Planââ¬â¢. It anticipates further perfection of patent laws and regulations and patent protection scheme, further adaptation of patent procedure and maintenance system to the growth of international economy and socialist market economy, creation of environment favorable for patent protected goods and inventions as well as for technology innovation, raising the level of patent professionalsââ¬â¢ skills and knowledge, upgrading of the patent protection level in enterprises and institutions, involvement of patented technologies to contribute to the economic growth, continuous increase of the number and quality of patent applications, updating of the patent information, acceleration and enhancement of the patent examination and granting. For achieving these targets itââ¬â¢s planned to facilitate the utilization of patent information resource, create and acquire more patent rights with authorization, create products and businesses with self-dependent intellectual property; pay much attention to patent work by SMEs while encouraging also corporations and business groups to acquire and transfer knowââ¬âhow. The task to speed up the industrialization of patent technology seems to be one of the most costly. For the purpose to enhance the patent work system the Plan anticipates supporting patent intermediate service agencies, implementing efficient examination and granting system and qualifying system for patent assets evaluation agencies and patent consultation service institutions etc. To create effective patent system China poses an assignment to complete the revision of rules and regulations including those for the implementation of the Chinese Patent Law and then make efforts to implement the revised patent law. Practical measures to facilitate patent examination include the increase of the number of the patent examiners, organization of supporting examiners group, intensification of professional training, and extension of the examinerââ¬â¢s inspection spheres, full involvement of information technology into patent procedures, strengthening of the examination of patent agencies and training of patent agents. The Plan stipulates reinforcement of the role of information systems and patent information resources in patent proceedings. For this purpose itââ¬â¢s scheduled to provide well-organized computer search system, examination supporting system, flow management system, e-filing system and e-publication system for the patent examination and granting work, realizing the paperless, electronic and network system of patent application, publication and examination procedures; to create China patent full text coded database using resources both from the country itself and abroad . Finally, the Plan anticipates reinforcement of the research on strategy, tactics and policy by means of establishment of intellectual property development research institutions, development of in-depth research on major patent issues, strengthening of the research on the patent protection of new technologies, such as computer software, nanoââ¬âtechnology, gene engineering, biomedicine, biochips, biology engineering etc. Here also the importance of patent statistics analysis and prediction work is emphasizes . It is obvious that the government concentrates its efforts ââ¬Å"on the implementation and enforcement of IPRs protection laws despite the difficulties faced by the Chinese authorities in a demographic, historical and cultural senseâ⬠. Now the reform and enforcement of law in the concerned field are more and more progressing. Groombridge ascertains that amplification of IPRs protection in China is for the most part the outcome of ââ¬Å"indigenous social, economic, and political factors at workâ⬠in the country. He argues the pressure of ââ¬Å"economic sanctions, such as those embodied in the trade laws of the United Statesâ⬠had no wholesome influence, and China has strived for more effective arrangements of IPRs due to ââ¬Å"the changing perception of self-interest held by its Communist Party leaders and its citizenryâ⬠. In the course to fulfill the provisions of the TRIPs Agreement China has rebuilt its structure of legislative bodies responsible for regulation in the field of IPRs protection. The country set up a number of corresponding regulatory agencies: ââ¬Å"the State Press and Publication Administration, the National Copyright Administration, the China Patent Office, and the State Administration of Industry and Commerce, in which the Trademark Office is locatedâ⬠. Also in 1998 the State Intellectual Property Office (SIPO) was established ââ¬â the structure affiliated and directly subordinated to the State Council . A mission of all these bodies is to strengthen historically weak Chinese infrastructure of regulation, control and maintenance in IPRs compliance. Implementation of the TRIPs Agreement by the Peopleââ¬â¢s Republic of China promises to become again the topic to analysis by the international community in 2008 in connection with the next Olympic Games which will be held in Beijing. Liu forecasts that owing to vast distribution of Olympic goods, audioââ¬â and video products ââ¬Å"owners of IPRs will be seeking to protect their works from illegal reproduction and distribution by infringersâ⬠. He expresses belief that if the efforts undertaken by China ââ¬Å"to reform and enforce its intellectual property laws [â⬠¦] [will be] successfulâ⬠, it would attract foreign investors to the country and promote knowââ¬âhow distribution here, which consequently should assist to go ahead to further economic development on the path to take leading positions in the world markets . Conclusions Experts note that having bolstered market power, TRIPs proves very weak especially on international regulation of the restrictive practices of the transnational corporations. It is true to say that the costs and benefits of IPRs are not so neatly distributed today. All the same, if the WTO is asking all countries to provide protection, it may still have to give something more in return. No doubt, China will increasingly regard itself as a great power and expect more defenses from other countries. In a speech two years ago President of the USA George Bush assured of his sympathy to the countries ââ¬Å"that believe in the power of economic engagement to help solve the problems ranging from human rights to security mattersâ⬠. China for sure is one of such countries demonstrating its aspiration for integration into the global economy . Nowadays we are witnessing the economic boom in this developing country. It is deserved outcome by the Peopleââ¬â¢s Republic of China, as on its way to progress, in contrast to almost every other developing country, China has managed to eliminate the worst forms of social misery, and while denying the spirit, it displays spiritual values: in that underlies the paradox of Maoââ¬â¢s China. Having entered into the TRIPs agreement China pushed its trade policies behind the borders of the country, opened up its markets, and although experiencing certain difficulties in this agreement implementation, stays on the path of development. There is no doubt this immense country will proceed along this path successfully. There are no two ways about it. Bibliography ââ¬Å"Agreement on Trade-Related Aspects of Intellectual Property Rightsâ⬠. The World Trade Organization. 1 October 2004. http://www.wto.org/english/docs_e/legal_e/27-trips.doc Arup, Christopher. The New World Trade Organization Agreements: Globalizing Law through Services and Intellectual Property. Cambridge etc.: Cambridge University Press, 2000. ââ¬Å"China and the WTOâ⬠. The World Trade Organization. 3 October 2004. http://www.wto.int/english/thewto_e/countries_e/china_e.htm Groombridge, Mark. ââ¬Å"The Political Economy of Intellectual Property Rights Protection in the Peopleââ¬â¢s Republic of Chinaâ⬠. In Intellectual Property Rights in Emerging Markets, edited by Clarisa Long. Washington: American Enterprise Institute, 2000. 11ââ¬â46. Hale, David, and Hale, Lyric. ââ¬Å"China Takes Offâ⬠. Foreign Affairs Magazine 82.6 (Novemberââ¬âDecember 2003): 36ââ¬â53. Irwin, Douglas. ââ¬Å"The GATT in Historical Perspectiveâ⬠. American Economic Review 85.2 (1995): 323ââ¬â28. Jingchuan, Wang. ââ¬Å"Commissionerââ¬â¢s Messageâ⬠. State Intellectual Property Office of the Peopleââ¬â¢s Republic of China Web Site. 28 April 2002. 3 October 2004. http://www.sipo.gov.cn/ sipo_English/gysipo_e/jzzc/t20020428_33891.htm Liu, Vincent. ââ¬Å"Copyright and Software Protection: Is It Working in China?â⬠, The Computers and Law Journal 51 (March 2003). 2 October 2004. http://www.nswscl.org.au/ journal/51/Vincent_Liu.html ââ¬Å"Main Targets and Tasks of the ââ¬ËTenth Five-year Planââ¬â¢ for National Patent Workâ⬠. State Intellectual Property Office of the Peopleââ¬â¢s Republic of China Web Site. 3 October 2004.http://www.sipo.gov.cn/SIPO/English2004/gysipo_e/fzgh/t20020430_33893.htm McGuirk, Anne. ââ¬Å"The Doha Development Agendaâ⬠. Finance and Development Magazine 39 (September 2002): 5ââ¬â9. Medeiros, Evan, and Fravel, Taylor, ââ¬Å"Chinaââ¬â¢s New Diplomacyâ⬠. Foreign Affairs Magazine 82.6 (Novemberââ¬âDecember 2003): 23ââ¬â35. Paglee, Charles D. Chinalaw Web ââ¬â PRC Patent Law (1 May 1998). 3 October 2004. http:/ /www.qis.net/chinalaw/prclaw107.htm Roche, Douglas. What development is all about: China, Indonesia, Bangladesh. Toronto: NC Press Ltd., 1979. Rosen, Jeremy. ââ¬Å"China, Emerging Economies, and the World Trade Orderâ⬠, Duke Law Journal 46.6 (1997): 1519ââ¬â64, 3 October 2004. http://www.law.duke.edu/journals/dlj/articles/ dlj46p1519.htm#H2N3 Shulin, Wu. ââ¬Å"The Conditions of the Juridical and Administrative Protection of Copyright in Chinaâ⬠. Duke Journal of Comparative and International Law 9.1 (1998): 241ââ¬â247. State Intellectual Property Office of the Peopleââ¬â¢s Republic of China Web Site. 1 October 2004. http://www.sipo.gov.cn/sipo_English/flfg/default.htm Su, Evelyn. ââ¬Å"The Winners and the Losers: The Agreement on Trade-Related Aspects of Intellectual Property Rights and Its Effects on Developing Countriesâ⬠. Houston Journal of International Law 23.1 (2000): 169ââ¬â76. ââ¬Å"The Agreement on Trade-Related Aspects Of Intellectual Property Rights (TRIPS)â⬠. Legal Information Institute (USA) Web Site. 2 October 2004. http://www.law.cornell.edu/copyright/cases/ wipo_trips.htm ââ¬Å"The WTO in Briefâ⬠. The World Trade Organization. 1 October 2004. http://www.wto.org/english/thewto_e/whatis_e/inbrief_e/inbr01_e.htm ââ¬Å"Transitional Review Mechanism of China ââ¬â Communication from Chinaâ⬠. Council for Trade-Related Aspects of Intellectual Property Rights. The World Trade Organization Online Database. 4 October 2004. http://docsonline.wto.org/gen_search.asp Tsinghua University Web Site. 4 October 2004. http://www.tsinghua.edu.cn/eng/ resources/index.htm. Yong-Shun, Cheng. ââ¬Å"Juridical Protection of Intellectual Property in Chinaâ⬠. Duke Journal of Comparative and International Law 9.1 (1998): 267ââ¬â272. Yu, P. ââ¬Å"From Pirates to Partners: Protecting Intellectual Property in China in the Twenty-First Centuryâ⬠. American University Law Review 50 (2003): 148-152. Yu, P. ââ¬Å"Piracy, Prejudice, and Perspectives: An attempt to Use Shakespeare to Reconfigure the US-China Intellectual Property Debateâ⬠. Boston University Law Journal 19.1 (January 2001): 1-87.
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