Sunday, November 3, 2019

Peer review Essay Example | Topics and Well Written Essays - 250 words - 11

Peer review - Essay Example These factors as stated include; low interest loans, ease for access to loans, Competitors advertising, introduction of new competitive models and competitor’s dealers discounts (Cooper & Schindler, 2014). This hypothesis also has some significant weaknesses. The hypothesis does not give a definite correlation coefficient for this question. The importance of a correlation coefficient is to show the strength of a hypothesis. It is usually a number between -1 and +1. If it is close to +1 then it shows a strong hypothesis. However, if it is close to -1, it represents a weak hypothesis. In addition, enough statistics on the number and percentage through which sales increased as a result of the increase in per capital income is not provided. A sales hypothesis also calls for more charts analysis while this hypothesis does not provide. (Robert, 2007). According to the biblical teaching, Christians are called upon to put effort in every activity they undertake. The Bible calls for perfection in the activities that Christians undertake. Proverbs 21:5 emphasizes that the plans of diligent leads to plenty, while everyone that has hasty only leads to

Friday, November 1, 2019

Article Analysis Lab Report Example | Topics and Well Written Essays - 1000 words

Article Analysis - Lab Report Example According to the article the new generation of Americans is mainly theory Y because they do not feel the need to avoid work but rather they need something other than monetary gains to keep them going, they need praise and instant feed back which goes to show that they are motivated to work but the motivation needs to be pumped in the form of continuous praise. This is evident by the example cited in the article of the ‘scooter store’ which employees a ‘celebrations assistant’ with a job description of throwing confetti at employees and giving them hi fives at work and praising them for even minor achievements. The article discusses the labor market aspect of the external environment and it is obviously quite a major change because companies have to adapt to the needs of their employees with regards to every thing ranging from monetary issues to issues regarding their psychological health, this article discusses an issue that is some what not a regular one am ong the corporate world, it looks into the history of how the contemporary work force has been brought up and what their needs are in the corporate world, this obviously has very important ramifications. Companies have dealt with this change in various fashions, they have come up with ‘celebrations assistants’ whose job is to motivate employees by telling them what a great job they are doing, companies have also consulted ‘thank you gurus’ who help them by giving away innovative ideas to thank their employees which helps in a big way to motivate them, the article also highlights a very important point that the contemporary employee expects immediate feedback, if feed back is delayed then the employees think they haven’t been up to the mark and hence are disheartened. This obviously has a major effect on the culture of the corporate world because visible and invisible aspects both have to be targeted

Wednesday, October 30, 2019

Nuclear Power Assignment Example | Topics and Well Written Essays - 500 words

Nuclear Power - Assignment Example Nuclear power and hydropower are also used to supplement the fossil fuels. Oil is another source of energy that is presently used for running automobiles and for transportation purposes. While taking into consideration other sources of fuel, research has proven that the nuclear power is cleanest and safest source of energy and has the least adverse impact on the environment. In addition it uses uranium, which is more plentiful than the fossil fuels. Nuclear energy does not emanate any toxic gases or metals into the environment. It affects the ecosystem like the hydropower. Empirical research has proven that the nuclear wastes have less negative impact when compared to those caused by the silt in dams or produced by coal. More so, a pound of uranium can produce more than 20,000 times more power than that produced by a pound of coal (Miller, 2004). The nuclear plants produce by far less wastes than those produced by coal of the same quantity. The fossil fuels emit wastes in the atmosphere whereas nuclear wastes are disseminated into the non-radioactive synthetic rocks that are buried underground in remote areas, hence having limited chances of harming any living thing . The amount of nuclear power is unlimited when compared to other sources of fuel due to the big volume of uranium in the earth’s crust. Other sources of fuel like oil are likely to get exhausted, more so, most of the oil reserves are located at the golden triangle in the Persian Gulf. The area of the Persian Gulf is faced by many conflicts including the terror groups hence making extraction of oil very expensive and unreliable. When compared to the nuclear power, the solar power requires tax credits and government subsidies to make its power production viable. The wind power unfavorably affects the ecosystem by killing birds and other flying animals. Despite many people advocating for the use of wind power and solar power, they cause more harm to the environment than the nuclear or the

Monday, October 28, 2019

Review of Financial Statements Essay Example for Free

Review of Financial Statements Essay Financial statements are essential accounting tools which include balance sheets, cash flow statements, and income statements that provide information on a companys past and present financial history. Information on financial statements can be used by any number of public and private entities to determine if an organizations financial status is healthy. Burger King and McDonalds are two organizations that use financial statements in conducting business. Further, this paper will discuss the financial statements of each company, the firms which audit each companies financial statements, and define accounting concepts, terminologies, and transactions used in the financial statements. Additional information will provided regarding when McDonalds and Burger King were established and what product and services they provide to the public. Overview of Organizations McDonalds first opened its doors in 1940 introducing the concept of the speedee service system offering french fries, hamburgers, and shakes to satisfy the hungry customer quickly at a low price. Over the next 65 plus years the McDonalds menu has changed from just french fries and hamburgers to salads, wraps, chicken nuggets and many more items which cater to the ever changing tastes of consumers. McDonalds has been criticized over the years as being a major contributor high obesity rates, in part due to the speedee service concept. These criticism have caused McDonalds to rethink menu items and helped the company to enact numerous changes to the menu which now offers nutritional guides for each menu item and healthier choices such as salads, fruit, and milk. McDonalds has changed the oil used to fry foods to make the fries healthier and includes a choice of meal sizes and most recently started a new line of coffee drinks, which offers the desired Starbucks taste for a fraction of the cost. The fast food chain currently has 31,000 restaurants worldwide and operates in 119 countries and serves approximately 47 million customers daily. McDonalds is also highly associated with the Ronald McDonald House Charities (RMHC) that has donated money and services to families and communities for over 35 years to approximately 37 million children and families. (McDonalds, 2009). The McDonald Corporation pays for most of  RMHCs global administration cost so that all donations go directly to the community and families. The charity is in such high demand that RMHC plans to expand their programs by 37% by 2010 to better help those in need. Burger King started in 1953 first known as Insta Burger King offering hamburgers to consumers that was cooked on a small cooker called an Insta-Broiler oven; the concept proved to be successful. In 1954 the name changed to Burger King, the broiler oven first used was replaced with the flame broiler and soon became popular for offering their flame broiled hamburgers and what is now known as the Whopper burger. (Burger King, 2009). The next 60 plus years for Burger King began suffering the same criticisms as McDonalds. It seemed all fast food chains were being blamed for the increased obesity rate in the U.S. Burger King followed suit and began making changes to their menus adding chicken, salads, fruit, food nutritional guides, smaller sizes, choice of drinks such as tea, milk, and changing the oil used to fry French fries as well as additional changes. Burger King Corporation is associated with a few charity organizations such as Have It Your Way which works to alleviate hunger, disease, and promotes community education through scholarship programs; the McLamore Foundation provides scholarships and is associated with several charities for When Organizations Were Established Burger King was founded in 1954 in Miami, Florida by James McLamore and David Edgerton. McLamore and Edgerton, both of whom had extensive experience in the restaurant business before starting their joint venture, believed in the simple concept of providing the customer with reasonably priced quality food, served quickly in attractive, clean surroundings. (New York Job Source, 2009), thus, the invention of the Whopper which was an instant success. Today Burger is found in all 50 states and 74 countries and territories throughout the world with more than 11,700 restaurants. In 1967 the Pillsbury Company based in Minneapolis, Minnesota purchased the company and its employees and the company went public in May 2006 at $17 a share. Today the company remains majority-owned by an equity group comprised of Texas Pacific Group, Bain Capital Partners and the Goldman Sachs Funds. (New York Job Source, 2009). McDonalds was founded by two brothers, Dick and Mac McDonald of San  Bernardino, California. Ray Kroc, a milkshake machine distributor happened on the brothers restaurant as he was curious to discover why such a small establishment would need 10 milkshake machines. Kroc was impressed by the speed with which these two brothers were able to provide service in their busy hamburger stand and he asked the brothers for a briefing on their McDonalds Speedee System and after the briefing he requested and secured the rights to duplicate the system throughout the United States. Ray Kroc opened his first outlet in Chicago in 1955, 50 years later the number of McDonalds locations had expanded to over 31,500. (Albrecht, Stice, Stice, Swain, 2008, pg. 76). Today McDonalds averages over 100 million dollars a day and is located in 121 countries around the world. Both companies had meager beginnings and have grown into fast food superstars. Accounting Organizations Providing Audits Both McDonalds and Burger King offer burgers, fries, and creamy shakes. However, the differences between McDonalds and Burger King are far more than golden arches and golden crowns. McDonalds has both and internal and external audit committees. The internal audit committee is composed of five Directors, each of whom meets the independence and other requirements of the New York Stock Exchange (Santona, 2009). The committee abides by a charter which states all its responsibilities and is reviewed annually. Ernst Young LLP (Ernst Young), the Companys independent auditors, is responsible for performing an audit of the Companys annual consolidated financial statements in accordance with generally accepted accounting principles (GAAP) and for issuing a report on those statements (Santona, 2009). The Burger King Corporation also has both internal and external audit committees. The internal committees perform quarterly internal audits that are published for investors, but these audits are indicated as unaudited by an external entity. KPMG LLP is the external organization the Burger King Corporation uses for its external audits. Financial Statements Used and Terminology As a publicly traded company within the United States Burger King Corporation (BKC) has taken all the necessary steps required to abide by the regulations set forth the Sarbanes-Oxley Act  of 2002. The annual report for FY2008 includes information such as business information, risk factors, physical assets, legal proceedings, stockholder matters, and finally a comprehensive financial statement. (Burger King Corp, 2009). This section of the annual report begins with management reports on internal controls which are in place regarding financial reporting which explains in detail the understanding of both the CEO and CFO and their obligation to take full responsibility for the content of the annual report. The report of the independent registered public accounting firm (KPMG) is and additional statement of responsibility from the independent accounting firm which states the firm has reviewed the information. Paged within the reportcontain the balance sheet, statement of income, statem ent of stockholders equity, and statement of cash flows for FY2008 compared to 2007, 2006, and 2005. While BKCs annual report was presented in a standard no-frills format, McDonalds Corporations 2008 annual report included graphics and photos as the driver of the information. Along with the financial statements, McDonalds annual report focused on highlights from the menu to the money along with letters of welcome from the Chairman, Andy McKenna and CEO, Jim Skinner. (McDonalds Corporation, 2009). The financial reporting still included the managements report on internal controls, the report of independent registered public accounting firm (Ernst Young, LLP), the balance sheet, statement of income, statement of stockholders equity, and the statement of cash flows. In both instances a dedicated effort was made to satisfy the requirements regulated by the United States Securities and Exchange Commission. Basic Accounting ConceptsIn 2008, McDonalds financial report shows annual total revenue at 23,522.4 million dollars compared to Burger Kings 2,455.0 million dollars; a difference of 21,067.4 million dollars; McDonalds clearly having earned more revenue (MSN Money, 2009). However, prior to 2003, the difference between McDonalds profits and Burger Kings were even greater. From 2001 through 2003 Burger King was losing money, but has made a steady annual gross profit since. (CNN Money, 2006). Transactions In 2008, Burger Kings annual profit was 1,452.0 million dollars and in 2007 the profit was 1,317.0 million dollars, a growth of 135 million dollars. McDonalds has also encountered gross profit over the past two years, however, at a much greater scale. In 2008 the gross profit recorded was 8,639.2 million dollars and in 2007 a gross profit was recorded of 7,905.2, an increase in profit of 734 million dollars. Accounts Affected by Transactions While the two fast food restaurant chains are no where near comparable in revenue, both chains are increasing revenue year after year. Since 2006, when Burger King became a publicly traded company; like McDonalds, they both worked to maintain a profitable growth for share holders which has increased the amount of profit each year (MSN Money, 2009). Both companies have cash assets as well as land and property, rental fees, food, supplies, salary responsibilities, and advertising. Financial Statements Affected by TransactionsEach of the transactions listed for Burger King and McDonalds are provided in detail on a number of the financial statements. Specifically, the profit can be followed on the balance sheet, the statement of income, and the statement of cash flows located in each annual report. In addition these figures are compared to the previous years numbers on each of these statements. Conclusion McDonalds and Burger King have been in business for decades and each company has established its respective company in the hearts of the American people and consumers across the globe when they expanded into global market. Both companies use reputable accounting firms and the same types of financial statements in order to assess the health of their financial status. This paper has shown how important understanding the concepts, terms, and transactions listed on financial statements are in order to better gauge how a company is faring financially on a year to year basis. References Albrecht, W.S., Stice, E.K., Stice, J.D. Swain, M.R. (2008). Accounting: Concepts and applications, (10 ed). Cengage Learning Center, Mason, Ohio. Burger King Corp. (2009). Company Info. Retrieved June 20, 2009 http://www.bk.com/Companyinfo/corporation/fact.aspxCNN Money. (2006). The King Meets his Public. Retrieved June 18, 2009, from http://money.cnn.com/magazines/fortune/fortune_archive/2006/03/06/8370602/index.htmMcDonalds. (2009). Our company. Retrieved June 18, 2009 from http://www.aboutmcdonalds. Com/mcd/our_company.htmlMcDonalds Corporation (2009). 2008 annual report. Retrieved June 18, 2009, from http://www1.mcdonalds.com/annualreport/index.htmlMSN Money. (2009). McDonalds Corporation: Financial Statement. Retrieved June 18, 2009,from http://moneycentral.msn.com/investor/invsub/results/statement.aspx?Symbol=MCD1stStatement=IncomestmntView=AnnMSN Money. (2009). Burger King Holdings Inc.: Financial Statement Retrieved June 18, 2009, from http://moneycentral.msn.com/investor/invsub/results/statement.aspx?Symbol =BKC1stStatement=IncomestmntView=AnnNew York Job Source. (2009). Burger King: Worlds second largest food chain. Retrieved June 19, 2009 from http://www.nyjobsource.com/burgerking.htmlSantona, G. (2009). McDonalds: 2009 Annual Shareholders Meeting and Proxy Statement. Retrieved June 20, 2009, from http://www.aboutmcdonalds.com/etc/medialib/aboutMcDonaldsinvestor_relations.Par.58.686.File.tmp/2009%20Annual%Shareholders%20Meeting%20Proxy%20Statement.pdf

Saturday, October 26, 2019

Jean-Jacques Rousseau Essay -- Philosophy, Political Science

The concepts of liberty and individuality experienced a critical change in meaning and understanding as Europe shifted from the 18th century Enlightenment era to the age of political economy and utilitarianism of the 19th century. This clear distinction can be seen when comparing the works of enlightenment thinker Jean-Jacques Rousseau to authors of the 19th century, including utilitarian John Stuart Mill and communist Karl Marx. The fundamental differences in the ideas of liberty and individuality between the two centuries can be attributed to the political, economic, and social climates of each author’s time. Rousseau’s interpretation of liberty was that of true, unlimited freedom. However, this form of liberty only exists in the state of nature, and thus termed natural liberty. Rousseau maintains that "the law of nature" is the law of self-preservation and individuals have no moral duty toward each other. In order to protect themselves and their property from others, individuals may agree to a social contract in order to form a society that is beneficial to all. The contract functions on the basis of a mutual obligation between society and each individual, and is fulfilled by a surrender of natural liberty in exchange for a moral and political freedom. The general will, which is the will of society as a whole, always desires the common good, says Rousseau. Civil society is thus governed by the general will of the body politic that desires the common good. It is interesting to note that Rousseau’s social contract theory essentially abolishes the ideas of the individual, and instead adopts only ideas common amongst all. This is a key factor that distinguishes 18th century philosophy with that of following century. Rousseau’... ...rkets. The nature of Capitalism makes this so, since the primary goal is to increase efficiency and profit. By taking over other markets, the consumer and labor pool populations are both enlarged. The constant advancement and revolution of technology was also a pattern Marx had noted. With increased productivity resulting from changing technologies also came instability and anxiety, since improvement of machines meant the replacement of human work and job insecurity. These largely negative aspects of capitalism motivate Marx to write the critical The Communist Manifesto. By closing analyzing each authors work, it can be said that the contents of their respective books were indeed a result of the environment the author had been exposed to. As a result, the ideas of liberty and individuality changed as times changed, leading to the differences between the centuries.

Thursday, October 24, 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 – the last trade round launched more than fifteen years ago. It was â€Å"the most ambitious thus far, and some of its agreements are still being implemented†. 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 trade–related 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 â€Å"as part of the round’s single undertaking – nothing is agreed until everything is agreed†. 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 â€Å"an integral part of the Agreement establishing the WTO, comprising Annexe 1C to that Agreement† 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 People’s Republic of China. Here we will explore this country’s involvement into the process of adjusting its laws to conform to TRIPs, especially in the field of patents’ 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 â€Å"concerning the availability, scope and use† 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 patents’ 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. [†¦] 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 owner’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 applicant’s corresponding foreign applications and grants to prevent patents duplication. Exemption from such obligation in regards to cross–border use cover only very specified cases as for example those of â€Å"a national emergency or other circumstances of extreme urgency or [†¦] of public non-commercial use† (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 patent’s protection – twenty years from the date of registration (Article 33).   In the cases of infringement of the patent owner’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 â€Å"expeditious remedies to prevent infringements and remedies which constitute a deterrent to further infringements† which are to be applied by means excluding â€Å"the creation of barriers to legitimate trade and to provide for safeguards against their abuse (Article 41.1)†. 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 countries’ exports of industrial goods into markets where earlier only developed countries were present which, in turn, made the latter to â€Å"rely more heavily on their comparative advantage in the production of intellectual property†; and, secondly, rather high expenditures involved by high–tech companies in different countries for research, innovation and development of know–how spurred them to try to find â€Å"international protection of intellectual property rights†. 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 – 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 foreigners’ 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 member’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. China’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 â€Å"Chinese foreign policy has become [in the last ten years] far more nimble and engaging than at any time in history of the People’s Republic†. 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 – or as dramatically – as China has since the 1970s. The world’s most populous nation has radically liberalized its economy and gone from producing low–quality and simple exports to sophisticated high–technology 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 People’s Republic of China. Since that time fundamental changes launched in the country – an â€Å"open door† 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 other’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. People’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 Organization’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 1980–1990s 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 â€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 efficiently†. Besides China expanded patent envelopment to pharmaceutical industry that was excluded before. For instance, in 1997 CPMS â€Å"accepted 114,208 patent applications, including 24,137 from foreigners† . 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 .   Beginning at 1982 China adopted many laws covering the field of IPRs protection, â€Å"such as the Trademark Law, Patent Law, Technology Contract Law, Copyright Law, Anti-Unfair Competition Law, and Regulations on Protection for Computer Software† . 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 China’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 People’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 People’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 – at the 4th Session of the Standing Committee of the Sixth National People’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 People’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:   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 countries’ 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 ‘Tenth Five–year Plan’. 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 professionals’ 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 it’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 know–how. 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 examiner’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 it’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, nano–technology, 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 â€Å"on the implementation and enforcement of IPRs protection laws despite the difficulties faced by the Chinese authorities in a demographic, historical and cultural sense†. 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 â€Å"indigenous social, economic, and political factors at work† in the country. He argues the pressure of â€Å"economic sanctions, such as those embodied in the trade laws of the United States† had no wholesome influence, and China has strived for more effective arrangements of IPRs due to â€Å"the changing perception of self-interest held by its Communist Party leaders and its citizenry† . 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: â€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 located†. Also in 1998 the State Intellectual Property Office (SIPO) was established – 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 People’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, audio– and video products â€Å"owners of IPRs will be seeking to protect their works from illegal reproduction and distribution by infringers†. He expresses belief that if the efforts undertaken by China â€Å"to reform and enforce its intellectual property laws [†¦] [will be] successful†, it would attract foreign investors to the country and promote know–how 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 â€Å"that believe in the power of economic engagement to help solve the problems ranging from human rights to security matters†. 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 People’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 Mao’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 â€Å"Agreement on Trade-Related Aspects of Intellectual Property Rights†. 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. â€Å"China and the WTO†. The World Trade Organization. 3 October 2004. http://www.wto.int/english/thewto_e/countries_e/china_e.htm Groombridge, Mark. â€Å"The Political Economy of Intellectual Property Rights Protection in the People’s Republic of China†. In Intellectual Property Rights in Emerging Markets, edited by Clarisa Long. Washington: American Enterprise Institute, 2000. 11–46. Hale, David, and Hale, Lyric. â€Å"China Takes Off†. Foreign Affairs Magazine 82.6 (November–December 2003): 36–53. Irwin, Douglas. â€Å"The GATT in Historical Perspective†. American Economic Review 85.2 (1995): 323–28. Jingchuan, Wang. â€Å"Commissioner’s Message†. State Intellectual Property Office of the People’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. â€Å"Copyright and Software Protection: Is It Working in China?†, The Computers and Law Journal 51 (March 2003). 2 October 2004. http://www.nswscl.org.au/ journal/51/Vincent_Liu.html â€Å"Main Targets and Tasks of the ‘Tenth Five-year Plan’ for National Patent Work†. State Intellectual Property Office of the People’s Republic of China Web Site. 3 October 2004.http://www.sipo.gov.cn/SIPO/English2004/gysipo_e/fzgh/t20020430_33893.htm McGuirk, Anne. â€Å"The Doha Development Agenda†. Finance and Development Magazine 39 (September 2002): 5–9. Medeiros, Evan, and Fravel, Taylor, â€Å"China’s New Diplomacy†. Foreign Affairs Magazine 82.6 (November–December 2003): 23–35. Paglee, Charles D. Chinalaw Web – 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. â€Å"China, Emerging Economies, and the World Trade Order†, Duke Law Journal 46.6 (1997): 1519–64, 3 October 2004. http://www.law.duke.edu/journals/dlj/articles/ dlj46p1519.htm#H2N3 Shulin, Wu. â€Å"The Conditions of the Juridical and Administrative Protection of Copyright in China†. Duke Journal of Comparative and International Law 9.1 (1998): 241–247. State Intellectual Property Office of the People’s Republic of China Web Site. 1 October 2004. http://www.sipo.gov.cn/sipo_English/flfg/default.htm Su, Evelyn. â€Å"The Winners and the Losers: The Agreement on Trade-Related Aspects of Intellectual Property Rights and Its Effects on Developing Countries†. Houston Journal of International Law 23.1 (2000): 169–76. â€Å"The Agreement on Trade-Related Aspects Of Intellectual Property Rights (TRIPS)†. Legal Information Institute (USA) Web Site. 2 October 2004. http://www.law.cornell.edu/copyright/cases/ wipo_trips.htm â€Å"The WTO in Brief†. The World Trade Organization. 1 October 2004. http://www.wto.org/english/thewto_e/whatis_e/inbrief_e/inbr01_e.htm â€Å"Transitional Review Mechanism of China – Communication from China†. 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. â€Å"Juridical Protection of Intellectual Property in China†. Duke Journal of Comparative and International Law 9.1 (1998): 267–272. Yu, P. â€Å"From Pirates to Partners: Protecting Intellectual Property in China in the Twenty-First Century†. American University Law Review 50 (2003): 148-152. Yu, P. â€Å"Piracy, Prejudice, and Perspectives: An attempt to Use Shakespeare to Reconfigure the US-China Intellectual Property Debate†. Boston University Law Journal 19.1 (January 2001): 1-87.

Wednesday, October 23, 2019

Marty King Essay

Erik Erikson had numerous contributions to the field of psychology; many of which involved his developmental theory. Erikson has been compared to Sigmund Freud; as both men believed that humans develop in stages. Erikson however, believed Freud to be misguided, as Erikson believed that developmental process is one which occurs throughout one’s lifespan; whereas Freud believed that a human’s personality developed by the age of five (Chen, 2007). Erikson published numerous books on human development; as well as issues including the generation gap, changing sexual roles and racial tensions. This quantitative research paper however, discusses Erikson’s eight stages of development and how each stage correlates with symptoms of borderline personality disorder. Each of Erikson’s eight developmental stages consists of certain elements (crises), which if not resolved will result in negative outcomes. The researcher believes that when crises are not resolved within Erikson’s developmental stages, it predisposes individuals to borderline personality disorder. In order to prove this hypothesis, the researcher will conduct quantitative research on the causes and symptoms of borderline personality disorder and the negative outcomes of Erikson’s eight developmental stages; the phenomenological research will then be compared. Borderline personality disorder has been widely studied over the past several decades; however, there is limited research on what childhood (birth to age eighteen) attributes contribute to the onset of BPD. Approximately two percent (up to ten million) of adults in the U. S. are diagnosed with BPD; accounting for twenty percent of psychiatric hospitalizations (NIMH, 2008); many cases of BPD go undiagnosed. Genetic factors have been primarily studied in the past as the biological cause of BPD; however recent research shows that forty to seventy-one percent of BPD patients were sexually abused as children (NIMH, 2008), approximately seventy-three percent report physical abuse and emotional abuse and neglect are also commonly reported in BPD cases. These statistics indicate that there is reason to believe that childhood trauma could significantly predispose a person to BPD. While research as to the possible causes of BPD has been conducted, the researcher proposes that a quantitative study be conducted in order to collect phenomenological data from various studies, for comparison to Erikson’s eight stages of development. The reason for this strategy is that by comparing the results of numerous studies, the researcher can produce â€Å"the bigger picture†, of what predisposes individuals to BPD; thus increasing the probability of successful recovery. The researcher chose Erikson’s eight developmental stages as model for comparison because the eight crises depicted in this model demonstrate the traumas indicated in many BPD cases. When the eight crises are not resolved, the results correlate with BPD symptoms. The researcher aims to prove that individuals who do not resolve the eight negative crises of Erikson’s developmental model; thus suffering some form of childhood trauma, are predisposed to BPD as adults. As mentioned previously, the information proving this hypothesis can be used to improve treatment options for BDP patients. The researcher for this study would like to see a reduction in hospitalization as a treatment for BPD patients; and instead implement alternative methods, such as assisting patients through Erikson’s eight stages. Assisting patients through the eight stages will allow them to re-learn emotional skills and abilities; such as coping skills. The researcher’s professional background in BPD clinical work has allowed significant insight into the difficulties of BPD treatment. Due to the immense amount of physical and emotional energy needed to work with BPD patients; many professionals tend to provide affirmation of the history of failure and poor coping skills by treating the patient with sympathy instead of empathy. The researcher believes that understanding the reasoning behind BPD patient behavior will improve the patient’s ability to improve poor coping skills. This change in professional behavior will reduce the feelings of being burnt out and tired because the professional will be able to support the success of the patient instead of doing the work for them. Currently, there is an attitudinal barrier between the professional and the patient which results in a failure to understand the condition of BPD. The researcher hopes to promote an understanding of BPD patient behavior; behaviors which many clinical professionals find exasperating. In increasing understanding of the development of BPD behaviors, clinicians will be better equipped to work with patients in an inclusive partnership rather than feeling they are exceeding appropriate boundaries. Literature Review Erikson’s Eights Stages of Development The â€Å"Eight Stages of Development†, the process of socialization, were developed by Erik Erikson in 1956 (Child Institute Center, n. d. ). Erikson had extensive experience in psychotherapy; including children and teens of all social classes. Erikson believed that each stage presented a â€Å"psychosocial crisis† in which an individual must experience, learn and resolve in order to successfully manage the next step. Erikson’s eight stages are represented in Figure 1. The eight stages are based on the â€Å"interaction of three different systems: the Somatic system, the ego system, and the societal system† (Keenan, p. 22, 2002). The somatic system refers to the biological processes of human functioning. The ego system are the central thinking and reasoning processes (2002); and the societal system is the process an individual goes through as he becomes integrated into his society. Erikson believed that the eight stages occurred in order and each stage represented a crisis which had to be resolved by the individual. Whether the crisis was completed successfully or not would be the deciding factor on how successful the next stage would be. If the crisis was not mastered, then the individual would be ill prepared to deal with the next stage of development; this trend would continue throughout all the stages. Erikson did believe that the eight stages were relevant throughout life and that he linked a crisis to each stage because that is when the crisis was most salient (Cohen, 2007). Oral-Sensory Stage. In this first stage (trust/mistrust), the first year of life is defined as the time for building trust; this is accomplished by the infant learning trust through the parent or caregiver’s actions and responses to the infant’s needs. Feeding is the focal point of Erikson’s first stage; when the child cries for food, the parent will feed and comfort the infant. If the child is neglected, he will learn to be mistrustful. Erikson also believed if trust was not established in the first stage, the child could become â€Å"frustrated, withdrawn, suspicious, and will lack self-confidence† (Sharkey, 1997). Muscular-Anal Stage. The second stage (autonomy/doubt) consists of ages one through two years old. During this stage the child is face with the development of self-control which is accomplished by a supportive atmosphere. If basic trust was not developed in stage one, the child will have difficulty in establishing self control in stage two, resulting in a lack of self-esteem (Sharkey, 1997). If the parent is too controlling, or does not provide enough structure the child can become doubtful of himself and the environment around him.