Infringement Essay Example | Topics and Well Written Essays - 1000 words

Infringement - Essay Example Section 10 of the Trade Mark Act 1994 states. A person infringes a registered trade mark if he uses in the course of trade a sign where because – (a) the sign is identical with the trade mark and is used in relation to goods or services similar to those for which the trade mark is registered, or, in specifically addressing the question at hand concerning Adam, (b) the sign is similar to the trademark and is used in relation to goods or services identical with or similar to those for which the trade mark is registered, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the trade mark. In English statute or case law, there is no definition for what is use as a mark. Use as a mark will depend on the facts of each case, in particular, the nature of the mark and the goods and services concerned. English case law indicates that the judges are looking for use which is taken by the public as a badge of origin, in other w ords as an indication that the goods and services are from a particular trader. This requirement is not the same as a requirement that the relevant public should know the identity of owner’s of trade marks, but nevertheless associate the marks of products with a particular trade origin. It will be more difficult for an applicant or proprietor to show use as a trade mark with very non-distinctive marks or where the use has been mainly in conjunction with another trade mark.

Key Points Of Adam Smith David Ricardo Economics Essay

Key Points Of Adam Smith David Ricardo Economics Essay The classical writers of the eighteen and nineteen century when offering definitions of their science expressed themselves about the nature of the economic in two distinct ways. They could define the subject known as political economy. Or having defined the political economy as the science of wealth, they could proceed to set forth the nature of that wealth with which it was maintained that economics is concerned. (Israel M. Kirzner, The Economic Point of View, p 13). The earliest classical economist adopted the description of the economic side of affairs in terms of wealth, but developments narrowed down the concept of wealth to the idea of material wealth of mankind. The attitude toward the utility of economic inquiries in elevation of wealth became an object of scientific study. Investigations that aims finding the means of enriching people and the sovereign; discovering laws of governing and to make the nation wealthy. From the beginning alternative suggestions were made by the e conomists themselves about what should and what should not be included under the heading of wealth. Adam Smith in An Inquiry into the Nature and Causes of the Wealth of Nations, 1776, explains that the free market, while appearing chaotic and unrestrained, is actually guided to produce the right amount and variety of goods by a so-called invisible hand. He argued that self-interested competition in the free market would tend to benefit society as a whole by keeping prices low, while still building in an incentive for a wide variety of goods and services. An often-quoted passage from The Wealth of Nations is: It is not from the benevolence of the butcher, the brewer, or the baker that we expect our dinner, but from their regard to their own self-interest. We address ourselves, not to their humanity but to their self-love, and never talk to them of our own necessities but of their advantages.(Adam Smith, p.  18). Smith believed that economic development was best fostered in an environment of free competition. Smith saw no role for government in economic life but believed that the government should enforce contracts and grant patents and copyrights to encourage inventions and new ideas. He also thought that the government should provide public works, such as roads and bridges that, he assumed, would not be worthwhile for individuals to provide. Interestingly, though, he wanted the users of such public works to pay in proportion to their use. Value theory was important in classical theory. Smith wrote that the real price of one thing is the labor and difficulty of acquiring it as influenced by its scarcity. Smith also believed that the main cause of prosperity was increasing division of labor. It would affect a great increase in productivity, one example he used was the making of pins. One worker could probably make only twenty pins per day. However, if ten people divided up the eighteen steps required making a pin, they could make a combined amount of 48,000 pins in one day (Adam Smith, ch. 1). Smith claimed that an individual would invest a resource-for example, land or labor-so as to earn the highest possible return on it. Consequently, all uses of the resource must yield an equal rate of return (adjusted for the relative riskiness of each enterprise), otherwise reallocation would result. Smith used this insight on equality of returns to explain why wage rates differed. Wage rates would be higher, he argued, for trades that were more difficult to learn, because people would not be willing to learn them if they were not compensated by a higher wage. Similarly, wage rates would also be higher for those who engaged in dirty or unsafe occupations, such as coal mining and butchering. In short, differences in work were compensated by differences in pay. David Ricardo another classical economist wrote his famous work Principles of Political Economy and Taxation, (1817). Ricardo continued to work on value theory (ch. 1). He explains the labor theory of value that the relative price of two goods is determined by the ratio of the quantities of labor required in their production. He demonstrates that prices do not correspond to this value; he retained the theory, however as an approximation. His labor theory of value, however, required several assumptions: 1- both sectors have the same wage rate and the same profit rate; 2- the capital employed in production is made up of wages only; 3- the period of production has the same length for both goods. Ricardo himself realized that the second and third assumptions were quite unrealistic and hence admitted two exceptions to his labor theory of value: 1- production periods may differ; 2- the two production processes may employ instruments and equipment as capital and not just wages, and in very different proportions. In his book, Ricardos concept of rent is laid out. Due to variation in scarcity of land, some land pays a higher monopoly value due to its scarcity than other land. Ricardo labels Rent as the portion of individual benefit, that accrues to scarce, resources such as land or gold or houses that is over and above any socially beneficial exchange (ch. 2). If all land were equally situated, however scarce, one could determine that all market exchange of the produce thereof was free and equal and that the exact value of the trade was conveyed simultaneously to both parties and to society. Ricardo extrapolates the problem of monopolistic rent to other situations/resources that are fundamentally scarce: land or gold. Like Adam Smith, Ricardo was also an opponent in the field of a nations trade protectionism policy. In this book Ricardo introduces the theory of comparative advantage (ch. 28). According to this theory, even if a country could produce everything more efficiently than another country, it would reap gains from specializing in what it was best at producing and trading with other nations. The benefits of comparative advantage are both distributional and related to improved real income. Ricardo believed that wages should be left to free completion. . Another idea developed by Ricardo is Ricardian EquivalenceArtComComputers2010-09-04T09:20:00 http://en.wikipedia.org/wiki/Ricardian_equivalence#Introduction, is an economic theory that suggests consumers internalise the governments budget constraints and thus the timing of any tax change does not affect their change in spending. Consequently, Ricardian equivalence suggests that it does not matter whether a government finances its spending with debt or a tax increase, the effect on total level of demand in an economy being the same. Ricardo believed that in the long run, prices reflect the cost of production. The price of an object is determined by the sum of the costs of the resources that went into making it, and referred to this long run price as a Natural price. The natural price of labor was the cost of its production that cost of maintaining the laborer. If wages correspond to the natural price of labor, then wages would be at subsistence level. In his Theory of Profit, Ricardo stated that as real wages  increase, real profits decrease because the revenue from the sale of manufactured goods is split between profits and wages. He assumed in his Essay on ProfitsArtComComputers2010-09-03T16:28:00 http://socserv.mcmaster.ca/~econ/ugcm/3ll3/ricardo/profits.txt, 1815 that profits depend on high or low wages, wages on the price of necessaries, and the price of necessaries chiefly on the price of food. We will treat the economic definitions of another classical writer John Stuart Mill in his writing Essays on Some Unsettled Questions on Political Economy, 1844 as below. -If a country produces both commodities with greater facilities or both with greater difficulty in exactly the same degree, then there will be no motive for exchange. On the other side if they have advantage in producing some commodities, then through commerce the nations can benefit both if each one will specialize in producing those commodities. So a country, by devoting all inputs in the production of goods which their advantage is greatest and give for exchange to the foreign country, would obtain a greater return from labor and capital. But in what proportion the two countries would share the advantage of trade? The problem is concerning about of proportion of goods in exchange, thus exchangeable value or price, regulated by the demand and supply to respective importing and exporting countries. The costs of carriage, tariffs, and taxes are deductive to gain advantage. So two countries would have equal shares of benefit of trade if cost of transportation and other barriers would not exist, otherwise the gross gain is divided in unequal ratio. So a country through the legislative policy can affect the benefits from foreign commerce. As conclusion we may say that a country gains most from the foreign commerce as much as are the foreign needs for its products (Essay I: On the Laws of Interchange Commercial Between Nations and Gain of Commerce Among of Commercial World). A great and rapid consumption leading to an extensive demand, fast circulation and big spending of money was conceived to be the great conditions of prosperity. But consumption is of two kinds: reproductive and unproductive and the first augments to the national wealth while the second weaken it. What is consumed for unproductive is gone for present enjoyment, but what is consumed for reproductive consumption leaves commodities of equal value, commonly with addition of a profit (Essay II: Of the Influence of Consumption on Production). -The phrases productive labor and productive consumption has been used by writers of political economy considering all the labor which serves for useful purposes and consumption which is not waste- in a limited sense productive of wealth. When it is uncertain to which of the two classes (productive and unproductive) an object belongs then should be distinguished characteristics and usage of it. All workmen that work in producing or giving value to things and functionaries positions who have invested to their skills are included in productive labor. The settled classification definitions were used for determining their consequences in economy. A country is enriched in proportion to the amount of the productive labor and consumption and impoverished in proportion of unproductive labor and capital (Essay III: On the Words Productive and Unproductive). -Profit is the surplus which remains to the capitalists after replacing his capital in a gain purpose process. The rate of profit depends on the ratio between the price and proportion of labor, materials, tools and the produce of them; upon the proportionate share of the produce of industry. David RicardoArtComComputers2010-08-11T16:32:00 On the Principles of Political Economy and Taxation, 1817 said that profits depend upon wages: it increases when wages fall and decreases when wages rise. When he says rise of wages it is meant an increase in the cost of production of wages or an increase in the number of hours. So as we can see it is strictly true, that the rate of profits varies inversely with the cost of wages. Rate of profit can increase if: there is an increase of population beyond the capital; improvements in labor efficiency and new entrance successive technologies. The producer, who borrows capital to employ in his business, will pay for the use of it (the interest). There are variations in the market-rate of interest from day to day establishing the actual rate from the movement of demand and supply. The rate of interest has the increase tendency if there is a big demand, low supply, low security individual loan or industry and specific situations. The difference between the profit which can be made by the u se of capital and the interest which will be paid for it is characterized as wages of superintendence (for the risk and labor for carrying business). Interest and wages of superintendence are in the same inverse relation as wages and profits are (Essay IV: On the Words Profit and Interest). -Adam SmithArtComComputers2010-08-11T17:39:00 Inquiry into the Nature and Causes of the Wealth of Nations. gives a definition that Political Economy is a science which teaches or gives the means and laws of making a nation rich. It has included individual decisions connected with the ideas and feelings in man- forming part of a union or aggregations. John S. MillArtComComputers2010-08-11T17:53:00 Essays on Some Unsettled questions of Political Economy. gives another more complete definition of Political Economy: -The science which treats of the production and distribution of wealth so far as they depend upon the laws of human nature, or -The science relating to the moral or psychological laws of the production and distribution of wealth. Under the influence of this desire it shows operations of: accumulating wealth, employing that wealth, producing other wealth under the influence of competition, governed by laws, sanctioning by mutual agreements, establishing laws etc. The science proceeds to investigate the laws which govern several operations on acquisition of wealth (Essay V: On the Definition of the Political Economy and on the Method of Investigation Proper to it).

Relationships in a World without God Essay -- Philosophy Philosophical

Relationships in a World without God In a world in which lives are shaped by irreversible choices and by random events, a world in which everything occurs but once, existence seems to lose its substance. Life in this designless universe raises questions of identity and can cause turmoil between the relationships of the self to others, the self to history, and the self to God. Through the words of existentialist novelists and philosophers Milan Kundera and Jean-Paul Sartre, we witness the philosophical and psychological struggles for identity, existence, and ‘being’ of the characters in The Unbearable Lightness of Being, and Nausea. In connection with other philosophic writings of Heidegger, Kierkegaard, Tillich and Sartre the ideas of existentialism expressed in these two novels become more apparent, and the relationships of the characters in this world-without-God can be explored. Our principle readings rested in the argument of man’s existence and being. Sartre’s Nausea and Kundera’s Unbearable Lightness of Being both depicted the stories of humans struggling to accept their own realities in a state of what Heidegger referred to as â€Å"thrown-ness†. Heidegger’s existential thoughts are concerned with the question of the meaning of Being. Heidegger based his philosophy upon the science of existence. The scientific method was that of phenomenological reduction. Although Sà ¸ren Kierkegaard accepted the paradox of being defining itself, as a scientist, Heidegger could not accept this paradox. According to Heidegger, a concept must be defined without using itself as reference. The difficulty of definition was confronted by defining Being as a collection of concepts. In his essay â€Å"The Fundamental Question of Metaphysics†... ...r own histories, their struggles with purpose and meaning, and the plight of their thrownness create a compelling and emotionally engaging novel that resemble the insecurities and consciousness of our own lives. Heidegger states that time only reminds men of how insignificant they are, how endless the universe is, and how all they can really do is seek to accept themselves on their own terms in anticipation of death, to wonder at the meaning of it all. Kierkegaard and Miller address the loathing of the impasse that threatens their lives as a result of historicism (and the absence of God). And Nietzsche claims that we must use history to escape animal-ness, but not so far as to become further imprisoned within our consciousness. Throughout history, and in each man’s life, there is return: to the center, to the same errors, and to that danger and fear of nothingness.

A brief history of entertainment Essay

Entertainment is a keyword, when we speak about the spare time of modern people. Anyway, entertainment is nothing particularly new on this globe†¦ The execution and use of entertainment has just developed, adapted to modern world and its spectrum has grown bigger. I think that entertainment is and was aroused when people were bored, and it seems to be a human’s habit to want to be entertained. Since humans are so intelligent and on top of the food-chain they have got more and more bored through time. Our x-great-grandparents, the stone-age-people, had already learned to entertain. They did it, probably by fighting, struggling and measuring forces on each other. Later on in world history humans have learned to tell stories, to sing, to act, – simple theatre was invented. At this time primitive games were also applied. Games had the advantage that their users were not only passively entertained but they could compete against each other and all be active. Theatre has since tat time been an important point in entertainment history. Because people were very much separated in older times, things have developed differently in the different parts of the world. In Italy, Greece and France the theater styles were unusually different. These countries were leading the formation and the developing of modern theatre. Nowadays the video film is mostly more common and liked by humans, than the theatre. The invention of the video began a hundred years ago†¦ In 1885 the German Max Skladanowsky presented his so-called â€Å"Lebendige Bilder† in Berlin and the French Lumià ¨re brothers presented the so-called â€Å"Cinà ©matographe† in Paris to a wider audience. At that time films were made for science; and of course – entertainment! It took another 40 years, until the foundation for modern cinema was made.  The film â€Å"The Jazz Singers† was the first film with sound and voices. Warner Brothers already ruled the cinema business at that time. The film technique developed extremely fast; today we have an enormous bunch of film stars and an extreme amount of movies. Later on another milestone of entertainment was invented. It’s called home entertainment and it began with the gramophone. After that the radio was invented. It struck like a bomb, because people could hear live news and music from home. Later on the T.V., the television, had its debut. Today we have so many possibilities of getting entertained, but the good old theatre is still there and the very simple games are to. That’s because they still have so much charm!

Kite Runner Essay Essay

Betrayal lingers like a curse, haunting its way into consciousness, injecting its poison of despair and loneliness. The action of Betraying is mostly associated with hate. However, there are some exceptions. Betrayal is not always done by evil people neither it is necessarily a closed end to a strong relationship between individuals. In khaled Hosseini’s novel The kite Runner, it is illustrated through character and setting the situations where betrayers were put under hard situations which causes them to commit actions that oppose their ethics. The goodness that exists in betrayers’ hearts in this novel indicates how everything can be betrayed, but hate could still be replaced by love. In the novel, the relationship status between individuals and the situations involved the betrayal were illustrated through character. Even though Baba betrayed his friend Ali when he slept with his wife, the relationship between Baba and Ali stayed the same due to Baba’s morality and love for his childhood friend. This is indicated when Baba said â€Å"He is staying here with us, where he belongs. This is his home and we are his family. †(Page 95). Throughout the novel, Baba is portrayed as generous, kind and loyal person. However, his betrayal to Ali created an oxymoron between his loyalty and betrayal. Despite his treachery to Ali, Baba’s morals continued to be alive and his love for Ali continued to be brotherly . In other words, the betrayal did not end the strong relation ship that was built between Ali and Baba throughout the years. This is because the actions committed by Baba don not reveal to his evilness or hate to Ali. It was the human desire that conquered his mind and led him to perform a disloyal action and a mistake that he paid the price for. Baba believed that there is always a chance for redemption and forgiveness as long is there is an existence of conscience. That is why he treated Ali as part of the family and insisted to have them living by him forever to prove that betrayal is not the death of loyalty. Also, Hassan’s reaction toward Amir’s betrayal shows that friendship and love beat betrayal and protects a strong relationship from collapse. Hassan demonstrates this when he confessed that he stole even though he did not as Baba asks â€Å"Did you steal that money and Amir’s watch† â€Å"Yes† Hassan replied. (page111). The heavy blow of betrayal was when Amir planted a watch and money in Hassan’s mattress to drive him away from his home. This was very harsh for Hassan but his innocence, devotion and sweet heart caused him to prevent the erasing of beautiful memories between two intimate friends. That is why he decided to admit something that he didn’t carry out. This proves the disloyalty is not the end of a strong relationship since Hassan kept respecting and loving Amir after he was betrayed by him. Furthermore, Amir’s betrayal to Hassan is not the result of Amir’s evilness or hate for Hassan, but it is the outcome of Amir’s felling of guiltiness. Therefore, the characters and in this novel changed the common idea that suggests how betrayal is done by sinful people which as result leaves the relationship in disappear. The novelist emphasizes the factors that cause people to betray each other despite their goodness though the setting. The story takes place in Afghanistan where Hazaras were persecuted which led Baba to betray both of Amir and Hassan by hiding the truth regarding their brotherhood. The suffering of Hazaras in Afghanistan is mentioned at the beginning in the book when the novelist said â€Å"Pashtuns had quelled Hazaras with unspeakable violence. †(page9). This quote indicates that anything associated with Hazaras was treated cruelly and forbidden in Afghanistan. That is why Baba could not admit that Hassan the Hazara is his son. If he told the truth, many conflicts could have developed and fanatical people in Afghanistan could have harmed Hassan. Baba’s conscience made him remember everyday that the biggest sin he has done is hiding the truth from people who have the right to know that truth. This indicates that Baba’s lie does not refer to his evilness, but it indicates his consciousness of the place he was surrounded in. In Afghanistan, blood at that time was everywhere and death of Hazaras was everyday’s scene. Amir became very upset after finding the truth. Nevertheless, the betrayal caused by Baba did not lead Amir to hate his father, but he tried to seek reasons for why his dad has done that. Moreover, the miserable and most exclusive betrayal of Hassan in the novel done by Amir signifies how even if the betrayal destroys the victim, the betrayer might not be evil and the victim could still have no hate for the betrayer. This is shown when Amir said â€Å"Everywhere I turned, I saw signs of his loyalty, his goddamn unwavering loyalty† (page 94). Amir watched Hassan becoming raped by Assef and does nothing to stop it. This is the biggest betrayal in the novel that left both Amir and Hassan in the dark side. However, the location of the raping scene greatly contributes to the betrayal’s status. The raping scene was set up in a place where only Asssef and his friends were standing in the alley at the time of sunset while they were abusing Hassan. The terrifying setting of the scene led Amir to be afraid that if he steps in, they would harm him. So, Amir decided to escape and betray Hassan by leaving him alone facing the disaster. Even thought it was a horrible betrayal, this does not point out to Amir’s evilness or hate . It is the setting that influenced Amir’s reaction. Besides, the betrayal was not the end of their friendship. Hassan kept being loyal until the last minute, and his loyalty was seen everywhere in Amir’s eyes even after the raping event. Redemption and fogginess were the keys of the continuous brotherly love between Amir and Hassan. In summary, it is evident that the places events occur in could be the reason for actions that oppose the individuals’ goodness. In conclusion, the novel The kite Runner incorporates Character and setting to prove that for every betrayal there is a cause, and every betrayer has reasons for their actions. The novelist conveys that betrayal must not be categorized under antipathy. The end of the novel indicates that redemption could solve the problem no matter how complicated it is. Anything may be betrayed, anyone may be forgiven, but not those who lack the courage of their own greatness. Strong relationship and love can solve any problem. There is no love without forgiveness, and there is no forgiveness without love. Therefore, disloyalty is not the path toward hate.