Euro Behaviour Essay Example | Topics and Well Written Essays - 2000 words

Euro Behaviour - Essay Example From the report it is clear that  economic performance of a trade block depend more on individual countries performance. In our analysis, we intend to evaluate euro’s performance and as such will rely more on the overall activity within member countries. Euro is not political affiliated and thus depend in multi-nation policies regarding the member countries economic performance. When crisis in economic activity within one trade block occur, the effects easily spill to the global economic and asset market. The European Union, as a trade block, has frequently suffered such.According to the report findings  the links in international financial and asset markets are key determinants of a currency’s exchange rate. Single currency or states supremacy cannot influence the rates that her currencies are accorded. Macroeconomics teaches that multiple factors are put into play in regard to determining a currency’s worth in the international market. Individual states cur rency is rated on a scale that is unanimously accepted within the trading scope against a common denomination; majorly the U.S dollar, yen or the euro. However, the rates are never constant varying on the prevailing economic performances as determined by the World Bank. ‘Purchasing power parity’ (PPP) compares rates of trade and prices within a state. Projections of future interest rates of a currency relative to nominal interests are determined by the interest rate parity. (Cumby and Obstfeld, 1982, 1-2). Therefore, at the macro and micro level performance of an economy, the policies made always have an impact to the valuation of her currency. However, the determination of these indices within an economic block like the EU is not dependent on a single country but rather on sum of the overall economic performance of the economic block. The Euro use has expanded very much within the EU region and is now estimated to be in used throughout

Learning Disabilities Essay -- A Level Essays

Learning Disabilities Eleven-year-old Anna is outgoing and bright. She attempts to work hard, but her progress in school has always been slow. She is a year behind her peers, particularly in her English class and her teachers have slowly begun to reduce their expectations of her. Her parents are worried because her confidence for learning is decreasing, and there is less motivation for her to do homework and class assignments. A psychologist found that her intelligence is in the gifted range, but she has difficulty in making out written symbols. It is easy to make the assumption that Anna seems merely as a child who is slow intellectually, but when taking a closer look, it shows that she is just as intelligent but happens to suffer from a learning disorder. Students with learning disorders have brain impairments that make it difficult for them to acquire skills and knowledge accurately and fast enough to keep pace with average academic progress (Encarta, 2003, p.1). The purpose of this research paper is t o investigate the causes of learning disorders, various types of disabilities, their causes, and finally how in today’s modern era assistive technology is able to reduce the frustration of students and increase their level of performance. Defining Learning Disorders/Disabilities The IDEA (The Health & Fitness Association) 1997 Definition of Learning Disabilities is: â€Å"A disorder in one or more of the basic psychological processes involved in understanding or using language, spoken or written, that may manifest itself in imperfect ability to listen, think, speak, read, write spell, or to do mathematical calculations. The term includes such conditions as perceptual handicaps, brain injury, minimal brain dysfunction, d... ...p://www.ldanatl.org/aboutld/teachers/social_emotional/socialacceptance.asp Addresses the fact that health professionals, special educators, and parents must make real efforts to promote the social acceptance of children suffering with learning disabilities. Crossen, C. (1997). Studies suggest phonics help children learning to read. Wall Street Journal. Retrieved April 16, 2005 from http://barrier-free.arch.gatech.edu/Articles/wsj_learning.html Talks about how the earlier reading disabilities are detected the better. With proper encouragement and tools students will have more motivation for reading throughout their lives. Sack, J.L. (1999). Schools advised to catch, treat disabilities as early as possible. Education Week, 18, 7. Received April 16, 2005 from EBSO-host. Emphasizes importance of treating a learning disability as early as possible.

Compare how a sense of claustrophobia is built up in the Handmaids Tale and an Evil Cradling

Margret Atwood's fictive autobiography ‘The Handmaid's Tale' And Brian Keenan's autobiography, ‘An Evil Cradling' documenting his kidnapping by fundamentalist Shi'ite militiamen both present a sense of claustrophobia. Each novel presents tional. strophobia Keenan' the manifestation of claustrophobia within the protagonists. ‘An Evil Cradling' presents Keenan's physical claustrophobia as a hostage and the emotional entrapment. Both authors successfully create a sense of claustrophobia whilst exploring the different situations of both protagonists. Both Offred and Keenan's lifestyles appear even more claustrophobic in contrast to their previous lives. There is an asymmetry in the presentation of a sense of claustrophobia within and between the two novels. Whilst on the one hand, both writers deal with the notion of claustrophobia as having a negative consequence on their lives. On the other hand the life of the main protagonists before their captive state is presented with considerable differences. These differences are exemplified in the opening chapters of both texts. Keenan in his exploration of life before captivity seems to suggest life was not all that tranquil and certainly not without its problems before he was taken captive in the Lebanon, where one might imagine the root of all his problems with claustrophobia began. In the preface Keenan states, â€Å"I was brought up in that harsh, divided landscape of Northern Irish, working class and I went into with all its baggage. † Furthermore he claims in his first chapter, â€Å"Before I left Belfast, I had been torn with a desperate kind of love and distaste for my place. Both statements from the two parts of Keenan's book, show that his life, as he puts it himself, was a type of ‘cul-de-sac. ‘ This metaphor for a dead-end shows that Keenan was no more free in his native Ireland, so much that he was forced to seek mental comfort elsewhere. The entire opening chapter of an evil cradling highlights Keenan's disconnection with his country and how he felt trapped and a sense of c laustrophobia in a place so familiar to him. Contrastingly, Atwood presents her protagonist as having a far more affectionate, possibly ‘rose tinted' view on her life before taken into captivity. In Atwood's ‘A Handmaid's Tale' Offred conveys a large amount of nostalgia towards her past. In the opening chapter Atwood contrasts the senses of the past. The lights are vividly described as â€Å"a revolving ball of mirrors, powdering the dancers with a snow of light. † Atwood chooses this poetic metaphor to show her fondness towards previous times. Atwood describes the simplicity of the lights under the regime â€Å"The lights were turned down but not out. † Offred's feelings of extreme claustrophobia are exacerbated through the juxtaposition of the former senses. In Offred's case she is more sensitive towards these feelings of freedom. Offred is a victim of gradual entrapment that has been apparent in her society for many years; chapter 28 reveals the gradual oppression of women â€Å"Things continued in that state of suspended animation for weeks†¦ Newspapers were censored†¦ roadblocks began to appear, and identipasses†¦ † by stripping women of their political and social rights the Gileadean regime came to power. Offred uses listing to highlight the continuous changes in society, specifically directed at women, showing her own shock and resentment towards her gradual confinement. Offred does not only demonstrate nostalgia towards her past in the opening chapters. Atwood constantly uses similes throughout that are reminiscent of the past. These similes present an escape from the routine regime; they often involve the senses which allow Offred to escape the regime by remembering and juxtaposing elements and senses of the past. † It's almost like June,† Offred shifts in mental perspective via association of seasons, Offred's memories of the seasons are superimposed over Gilead's charade of normality, it is as though Offred escapes into her own private narrative underneath her imprisonment as a handmaid her recollections act as freedom from the past. Both Offred and Keenan's sense of claustrophobia is intensified by the way that their human rights are no longer recognised and they have no freedom of choice. Keenan's beard is used in ‘The Devil's Barbershop' to symbolise his dignity and freedom of choice. Keenan is very reluctant to have his beard shaved off; his behaviour becomes the manifestation of claustrophobia. He becomes attached to his beard and it symbolises his freedom of expression, â€Å"I've had this beard for too long for some halfwit who thinks he owns me to make me what he wants me to be. Throughout this passage Keenan uses long sentences that highlight his heightened emotions, Keenan's aggressive tone towards his captors also shows his reluctance to change, Keenan's identity is displayed through his beard and similarly to Offred he is being made to conform and accept his claustrophobic surroundings. In â€Å"The Handmaid's Tale† Offred is defined by her uniform, and looses her previous identity. This expresses that in Gilead their lives have become so claustrophobic that even their ability to express themselves has been repressed. Offred feels trapped in a system which rigidly controls women. The colour coding of women's clothes indicates that in this society their individual identities are lost in prescribed roles. â€Å"Everything except the wings around my face is red: the colour of blood, which defines us†¦ a sister, dipped in blood. † Atwood uses this negative metaphor to highlight Offred's feelings towards loosing her individuality. Offred's uniform in addition acts as a physical restriction, â€Å"The white wings†¦ they are to keep us from seeing, but also from being seen. It is made apparent that their clothes are also a way of physically restricting them as way of control, deliberately designed to limit the Handmaids view. The blood red is a constant reminder of the vilification of women in Giliadean society. ‘Blood red' is symbolised throughout the novel and acts as a constant reminder to Offred's role in society, although her role as a child barer allows her more freedom unde r the regime it is also the one thing that traps her. The description of the characters' surroundings and routines present a sense of claustrophobia, Offred's account of going out and doing the daily shopping illustrates this. Under the Gileadaen regime the Handmaids never went out unaccompanied, this partnership system provided both chaperones and spies. Offred considers the image of both women dressed identically in red, thinking of them as doubles, both visually and in circumstances. â€Å"The truth is that she is my spy, as I am hers. † Each woman traps the other. However, a suggestion of freedom is present in the structure of the two novels. For Keenan, his ability to let his mind wander in times of extreme captivity has been vital to his survival. Keenan changes tenses abruptly, from describing the cell, to a present time, showing the way in which his mind jumps, to escape his present situation. However, in â€Å"Into the Bread Basket† Keenan's senses were shut down by the â€Å"tight confinement of the tape† which â€Å"will not let my mind escape. † Now that even his mind cannot escape he feels as if a â€Å"riot is bursting out within my senses† which further reflects how his repressed senses are desperate to escape the confinement, without his freedom of mind Keenan finds himself completely trapped. Correspondingly, Offred is able to escape into her private world of memory and desire. Offred uses storytelling as a means of personal survival her narrative is the only way of bridging the gap between an isolated self and the world outside. â€Å"It is also a story I am telling, in my head, as I go along. † Offred is able to escape the intense feelings of claustrophobia through expressing her feelings. Atwood chooses short sentences to emulate the natural nature of speech resulting in a flowing structure. Fear plays a main role in increasing the sense of physical claustrophobia experienced by both Keenan and Offred. In ‘into the bread basket' Keenan uses imagery that creates associations with death â€Å"I am being embalmed and mummified† and â€Å"I am going back to the coffin. † This demonstrates how in such claustrophobic conditions where all his senses have been effectively shut off he is completely helpless and that in these cramped dark conditions the difference between life and death becomes uncertain. Keenan carries on this extended metaphor in the oxymoron â€Å"a living corpse† this again reflects the negative experience of being in such claustrophobic conditions. Finally, both authors have used literary and structural techniques to reveal the many ways in which claustrophobia can be created and intensified. Although the two protagonists' situations are very different, as Offred lives a controlled and limited life and Keenan one of absolute entrapment they show many similar traits and emotions triggered from their individual feelings of claustrophobia.

The Domestication of the Apple Gift from Central Asia

The domestic apple (Malus domestica Borkh and sometimes known as M. pumila) is one of the most important fruit crops grown in temperate regions worldwide, used for cooking, eating fresh, and cider production. There are 35 species in the genus Malus, part of the Rosaceae family which includes several temperate fruit trees. Apples are one of the most widely distributed of any perennial crop and one of the top 20 most productive crops in the world. A total of 80.8 million tons of apples are produced annually worldwide. The apples domestication history starts in the Tien Shan mountains of Central Asia, at least 4,000 years ago, and probably closer to 10,000. Domestication History Modern apples were domesticated from wild apples, called crabapples. The Old English word crabbe means bitter or sharp-tasting, and that certainly describes them. There were likely three main stages in the use of apples and their eventual domestication, widely separated in time: cider production, domestication and spread, and apple breeding. Crabapple seed remains likely from cider production have been found in numerous Neolithic and Bronze age sites across Eurasia. Apples were first domesticated from the crabapple Malus sieversii Roem somewhere in the Tien Shan mountains of Central Asia (most likely Kazakhstan) between 4,000–10,000 years ago. M. sieversii grows at intermediate elevations between 900–1,600 meters above sea level (3,000–5,200 feet) and is variable in growth habit, height, fruit quality, and fruit size. Domesticated Characteristics There are thousands of apple cultivars today with a wide range of fruit sizes and flavors. The small, sour crabapple was turned into large and sweet apples, as humans selected for large fruits, firm flesh texture, longer shelf life, better post-harvest disease resistance, and reduced bruising during harvest and transportation. Flavor in apples is created by a balance between sugars and acids, both of which have been altered depending on the variety. The domestic apple also has a comparatively lengthy juvenile phase (it takes 5–7 years for apples to begin producing fruit), and the fruit hangs longer on the tree. Unlike crabapples, domesticated apples are self-incompatible, that is to say, they cant self-fertilize, so if you plant the seeds from an apple the resulting tree frequently does not resemble the parent tree. Instead, apples are propagated by grafting rootstocks. The use of dwarfed apple trees as rootstocks allows for the selection and propagation of superior genotypes. Crossing into Europe Apples were spread outside of central Asia by steppe society nomads, who traveled in caravans along ancient trade routes predating the Silk Road. Wild stands along the route were created by seed germination in horse droppings. According to several sources, a 3,800-year-old cuneiform tablet in Mesopotamia illustrates grapevine grafting, and it may well be that grafting technology helped to spread apples into Europe. The tablet itself has not yet been published. As the traders moved the apples outside of central Asia, the apples were crossed with local crabapples such as Malus baccata in Siberia; M. orientalis in the Caucasus, and M. sylvestris in Europe. Evidence of that westward movement from central Asia includes isolated patches of large sweet apples in the Caucasus mountains, Afghanistan, Turkey, Iran, and the Kursk region of European Russia. The earliest evidence for M. domestica in Europe is from the Sammardenchia-Cueis site in northeastern Italy. There a fruit from M. domestica was recovered from a context dated between 6570–5684 RCYBP (cited in Rottoli and Pessina listed below). A 3,000-year-old apple at Navan Fort in Ireland may also be evidence of early apple seedling imports from central Asia. Sweet apple production—grafting, cultivation, harvesting, storage, and the use of dwarf apple trees—is reported in ancient Greece by the 9th century BCE. The Romans learned about apples from the Greeks and then spread the new fruit throughout their empire. Modern Apple Breeding The last step in apple domestication took place only in the last few hundred years when apple breeding became popular. Current apple production worldwide is limited to a few dozen ornamental and edible cultivars, which are treated with high levels of chemical inputs: however, there are many thousands of named domestic apple varieties. Modern breeding practices start with the small set of cultivars and then create new varieties by selecting for a range of qualities: fruit quality (including flavor, taste, and texture), higher productivity, how well they keep over the winter, shorter growing seasons and synchronicity in blooming or fruit ripening, length of cold requirement and cold tolerance, drought tolerance, fruit tenacity, and disease resistance. Apples occupy a central position in folklore, culture, and art in several myths from many western societies (Johnny Appleseed, fairytales featuring witches and poisoned apples, and of course the stories of untrustworthy snakes). Unlike many other crops, new apple types are released and embraced by the marketplace—Zestar and Honeycrisp are a couple of new and successful varieties. In comparison, new grape cultivars are very rare and typically fail to gain new markets. Crabapples Crabapples are still important as sources of variation for apple breeding and food for wildlife and as hedges in agricultural landscapes. There are four extant crabapple species in the old world: M. sieversii in the Tien Shan forests; M. baccata in Siberia; M. orientalis in the Caucasus, and M. sylvestris in Europe. These four wild apple species are distributed across temperate zones in Europe, usually in small low-density patches. Only M. sieversii grows in large forests. Native North American crabapples include M. fusca, M. coronaria, M. angustifolia, and M. ioensis. All of the extant crabapples are edible and were likely used before the spread of cultivated apple, but compared with sweet apples, their fruit are tiny and sour. M. sylvestris fruit are between 1-3 centimeters (.25-1 inches) in diameter; M. baccata are 1 cm, M. orientalis are 2-4 cm (.5-1.5 in). Only M. sieversii, the progenitor fruit for our modern domesticate, can grow up to 8 cm (3 in): sweet apple varieties typically range less than 6 cm (2.5 in) in diameter. Sources Alonso, Natà  lia, Ferran Antolà ­n, and Helena Kirchner. Novelties and Legacies in Crops of the Islamic Period in the Northeast Iberian Peninsula: The Archaeobotanical Evidence in Madà ®na Balagà ®, Madà ®na Là ¢rida, and Madà ®na Turtà »Ã… ¡a. Quaternary International 346 (2014): 149-61. Print.Cornille, Amandine, et al. The Domestication and Evolutionary Ecology of Apples. Trends in Genetics 30.2 (2014): 57–65. Print.Cornille, Amandine, et al. New Insight into the History of Domesticated Apple: Secondary Contribution of the European Wild Apple to the Genome of Cultivated Varieties. PLOS Genetics 8.5 (2012): e1002703. Print.Duan, Naibin, et al. Genome Re-Sequencing Reveals the History of Apple and Supports a Two-Stage Model for Fruit Enlargement. Nature Communications 8.1 (2017): 249. Print.Gaut, Brandon S., Concepcià ³n M. Dà ­ez, and Peter L. Morrell. Genomics and the Contrasting Dynamics of Annual and Perennial Domestication. Trends in Genetics 31.12 (2015): 709à ¢â‚¬â€œ719. Print.Gharghani, A., et al. The Role of Iran (Persia) in Apple (Malus Ãâ€" Domestica Borkh.) Domestication, Evolution and Migration Via the Silk Trade Route. ISHS Acta Horticulturae. International Society for Horticultural Science (ISHS), 2010. Print.Gross, Briana L., et al. Genetic Diversity in Malus Ãâ€"Domestica (Rosaceae) through Time in Response to Domestication. American Journal of Botany 101.10 (2014): 1770–1779. Print.Li, L. F., and K. M. Olsen. Chapter Three: To Have and to Hold: Selection for Seed and Fruit Retention During Crop Domestication. Current Topics in Developmental Biology. Ed. Orgogozo, Virginie. Vol. 119: Academic Press, 2016. 63–109. Print.Ma, Baiquan, et al. Comparative Assessment of Sugar and Malic Acid Composition in Cultivated and Wild Apples. Food Chemistry 172 (2015): 86–91. Print.Ma, Baiquan, et al. Reduced Representation Genome Sequencing Reveals Patterns of Genetic Diversity and Selection in Apple. Journal of Integra tive Plant Biology 59.3 (2017): 190–204. Print.Ma, X., et al. Identification, Genealogical Structure and Population Genetics of S-Alleles in Malus Sieversii, the Wild Ancestor of Domesticated Apple. Heredity 119 (2017): 185. Print.Rottoli, Mauro, and Andrea Pessina. Neolithic Agriculure in Italy: An Update of Archaeobotanical Data with Particular Emphassis on Northern Settlements. The Origin and Spread of Domestic Plants in Southwest Asia and Europe. Eds. Colledge, Susan and James Conolly. Walnut Creek, California: Left Coast Press, Inc. 2007. 141–154. Print.

What You Need to Know About MBA Application Deadlines

An MBA application deadline signifies the last day that a business school is accepting applications for an upcoming MBA program. Most schools will not even look at an application that is submitted after this date, so it is really important to get your application materials in before the deadline. In this article, were going to take a closer look at MBA applications deadlines to determine what they mean for you as an individual. Youll learn about the types of admissions and discover how your timing can impact your chances of getting accepted business school. When Is the Deadline for Submitting an MBA Application? There is no such thing as a uniform MBA application deadline. In other words, every school has a different deadline. MBA deadlines can also vary by program. For example, a business school that has a full-time MBA program, an executive MBA program, and an evening and weekend MBA program may have three different application deadlines - one for every program that they have. There are lots of different websites that publish MBA application deadlines, but the best way to learn about the deadline for the program you are applying to is to visit the schools website. That way, you can ensure the date is completely accurate. You dont want to miss a deadline because someone made a typo on their website! Types of Admissions When youre applying to a business program, there are three basic types of admissions that you might encounter: Open AdmissionsRolling AdmissionsRound Admissions Lets explore each of these admissions types in more detail below. Open Admissions Although policies can vary by school, some schools with open admissions (also known as open enrollment) admit everyone that meets the admission requirements and has the money to pay the tuition. For example, if the admissions requirements dictate that you have a bachelors degree from a regionally accredited U.S. institution (or the equivalent) and the capacity to study at the graduate level, and you meet these requirements, you will most likely be admitted into the program as long as space is available. If space is not available, you may be waitlisted. Schools with open admissions rarely have application deadlines. In other words, you can apply and get accepted at any time. Open admissions are the most relaxed form of admissions and the one most rarely seen at graduate business schools. Most of the schools that have open admissions are online schools or undergraduate colleges and universities. Rolling Admissions Schools that have a rolling admissions policy usually have a large application window - sometimes as long as six or seven months. Rolling admissions are commonly used for freshmen at undergraduate universities and colleges, but this form of admissions is also heavily used by law schools. Certain graduate-level business schools, such as Columbia Business School, also have rolling admissions. Some business schools that use rolling admissions have what is known as an early decision deadline. This means that you have to submit your application by a certain date to get an early acceptance. For example, if you are applying to a school with rolling admissions, there may be two application deadlines: an early decision deadline and a final deadline. So, if you are hoping to get accepted early on, you have to apply by the early decision deadline. Although policies vary, you may be required to withdraw your application from other business schools if you accept an early decision offer of admission that is extended to you. Round Admissions Most business schools, especially selective business schools like Harvard Business School, Yale School of Management, and Stanford University’s Graduate School of Business, have three application deadlines for full-time MBA programs. Some schools have as many as four. Multiple deadlines are known as rounds. You could apply to the program in round one, round two, or round three.   Round admissions deadlines vary by school. The earliest deadlines for round one are typically in September and October. But you shouldnt expect to hear back right away if you do apply in the earliest round. Admissions decisions often take two to three months, so you could submit your application in September or October but not hear back until November or December. Round two deadlines often range from December to January, and round three deadlines are frequently in January, February, and March, though all of these deadlines can vary by school. The Best Time to Apply to Business School Whether youre applying to a school with rolling admissions or round admissions, a good rule of thumb is to apply early in the process. Assembling all of the materials for an MBA application can take time. You dont want to underestimate how long it will take you to prepare your application and miss a deadline. Even worse, you dont want to slop something together quickly to make a deadline and then get rejected because your application was not competitive enough.   Applying early has other advantages as well. For example, some business schools choose the majority of the incoming MBA class from applications received in round one or round two, so if you wait until round three to apply, the competition will be even stiffer, thus decreasing your chances of getting accepted. Furthermore, if you apply in round one or round two and get rejected, you still have an opportunity to improve your application and apply to other schools before their round three deadlines have ended. A few other considerations that may be important depending on your individual situation: International applicants: As an international student, you often need a student visa (either an F-1 or J-1 visa) to study in the United States. Youll want to apply in round one or round two if possible to give yourself enough time to get this visa before the actual program starts.Dual degree program applicants: If you are applying to an MBA/JD program or another dual or joint degree program, youll want to pay particularly close attention to the deadlines. Some business schools, even those with three rounds, require applicants to apply for dual degree programs in round one or round two.Submatriculation applicants: If you are an undergraduate who is attending a business school that allows qualified juniors to apply for early entry (Submatriculation) to the schools MBA program, you may want to utilize a different application strategy than the average MBA applicant. Rather than applying early (like most applicants would), you may want to consider waiting until round three so that you hav e a more complete academic record when you submit your transcripts and other application materials. Reapplying to Business School Business school admissions are competitive, and not everyone gets accepted the first year that they apply to an MBA program. Since most schools will not accept a second application in a single year, you typically have to wait until the next academic year to re-apply. This is not as uncommon as many people think it is. The Wharton School at the Universality of Pennsylvania reports on their website that up to 10 percent of their applicant pool consists of reapplications in most years. If you are re-applying to business school, you should make an effort to improve your application and demonstrate growth. You should also apply early in the process in round one or round two (or at the start of a rolling admissions process) to increase your chances of getting accepted.

Research Tabacco Control and Road Safety in Australia

INTRODUCTION By the beginning of 21st century, public health activities over different settings led to growth in healthcare. Improvement in large number of diseases, injuries, infectious diseases, nutrition, sanitation, cancers, dental health have led to significant growth in Australia’s health population since last 30 years. Improvements grew from advances and technology in medicine and surgery, delivery of quality health care services, and also range of public health programs promotion via an organized approach (NHMRC, Dec 1996, p.7). When we talk about developing and implementing population based interventions strategies,†¦show more content†¦Significant funds have been provided by National Health and Medical Research Council (NHMRC) for medical research in tobacco diseases. Also, the State, Federal and Territory funding to road safety continues for more than 20 years. Road safety expenses have been more in developed road safety infrastructure. In 1989, the law was passed in which the Federal Legislation banned all forms of tobacco advertisements like signs, billboards etc. Also, in 1987 the Victorian Tobacco Act added a wholesale tax on tobacco products in Victoria to promote good health, prevent diseases, and disabilities. It was later followed by South Australia in 1988, Australian Capital Territory in 1989 and Western Australia in 1991. The most notable traffic law was one in which seat belts became compulsory to be worn in 1970. In Australia, the illegal blood alcohol concentration limit has been set up to 0.05ml/100ml throughout Australia. Laws were introduced in 1976, to enforce proper restraint of children’s/babies in vehicles. In Australia, the ratio of injured persons with blood alcohol concentration (BAC) reduced from 44% in 1981 to 30% in 1995 (FORS, 1995, P.17) In the late 1970s, Australia was one of the first nations to run mass reach anti-smoking campaigns (Egger et al, 1983, p.1125-28). Media started playing a significant role in spreading awareness to public with evidence about the dangers of tobacco smoking to health. Now the community knows about the harmful

Intellectual Property Assignment Free Essays

string(241) " requirements for breach of confidence, it is clear that this information was imparted in a relationship where Lisa could reasonably expect a degree of privacy and could suffer actual loss as a result of the publication of this information\." Introduction There are a number of intellectual property concerns with regards to the given set of facts and these relate to four specific elements of the given facts namely, the publication of the information in GOSSIP magazine, the proposed book written by Jayson, the registration of trademarks by Lisa and the opening of the competing salon by Emma. These potential legal issues stem from a number of common law and legislative provisions and will be dealt with separately in terms of the relevant law that they relate to. Broadly, these legal issues arise in relation to the breach of confidentiality with regards to personal information and trade secrets, and the creation and infringement of trademarks. We will write a custom essay sample on Intellectual Property Assignment or any similar topic only for you Order Now Breach of Confidence: The Book Breach of confidence or misuse of information in this context refers to the intended publication of the business plan which was discussed by Lisa and Jayson on their holiday, as well as the publication of the details of their intimate relationship. There are a number of preliminary observations with regards to the current case. The first is that there is no common law right of privacy as confirmed by the court in Kaye v Robertson [1991]. Despite this however, Article 8 of the ECHR as imported into domestic law by the Human Rights Act 1998 does provide a legal basis for the protection of the right to privacy with regards to confidential information. This was confirmed by the court in Campbell v. MGN Limited [2004]. The second observation is that the current facts are distinguishable from a number of cases on the subject in the matter as they involve the publication of information gained from a private relationship and therefore based on inferred confidence that exists in private relationships rather than the breach of confidence resulting from a breach of contract or that which exists in an employment relationship or other business relationship. In McKennitt v Ash [2005], the court confirmed that the essential element for a brea ch of confidence in this case rested on the pre-existing relationship between the parties. This is a relevant consideration for the current facts as there is no formal contractual relationship existing between Lisa and Jayson in this case. In Coco v AN Clark (Engineers) Ltd [1969], Megarry J. stated that there are three essential elements required for a successful action for breach of confidence: The information must be of a confidential character. The imparting of the information must be in circumstances where the confidant ought reasonably to have known that the information was confidential. The information must have been used or disclosed in an unauthorised manner causing a detriment to the claimant. With regards to the first requirement that the information be of a confidential nature, the courts have taken the approach of a negative definition of this quality stating that the information must not already be that which is in the public domain (Coco v AN Clark (Engineers) Ltd). In the current circumstances, the information that will form the subject matter of the book is not in the public domain and based on the personal nature thereof, can be argued as confidential as it contains information about the private life of Lisa. With regards to the second requirement, this is an objective test which asks what a reasonable person considers to be confidential. In the case of personal relationships this may be personal information and that it may be known to a third party does not preclude the information from being confidential (Argyll (Duchess of) v Argyll (Duke of) [1965]). On analysis therefore of this requirement in terms of the current facts of Jayson and Lisa, it stands to reason that the information passed between Lisa and Jayson was done so on an implied understanding of confidence in their personal relationship and does not exist in the public domain currently. Arguably therefore the information does possess the requisite quality of confidence. With regards to the third requirement, there are a number of relevant considerations. This detriment to Lisa arguably may exist in a number of ways. The first is a breach of her right to privacy under Article 8 of the ECHR. In Campbell v. MGN Limited [2004], the court established a three step test in determining if the right to privacy was being engaged. The first step is to show that there is a reasonable expectation of privacy, arguably mirroring the first requirement of breach of confidence. The court noted that this is problematic in the case of celebrities as their private life is something which is generally in the public domain already. The second step is in establishing a balance between the Article 10 right to freedom of expression and the claimant’s right to privacy which necessitates an inquiry into public interest. The third step is to establish that the publication should not be allowed in terms of section 12(3) of the HRA. A further detrimental effect that may ex ist mirrors a claim for defamation that the information may be detrimental to the reputation and image of Lisa in the circumstances. Based on the judgment of Campbell, it seems unlikely that an application for breach of confidence will succeed, because Lisa is a celebrity. Lord Hoffman stated in obiter that romantic or sexual relationships of public figures or celebrities are not necessarily subject to the same privacy considerations as ordinary persons due to the commonplace of this information in everyday life. Despite the private connotation of such relationships, a celebrity may reasonably expect their intimate relationships to be known as well as the parts of their private life which they willingly share with the press. This however is not to say that Lisa would not be able to get an injunction against the release of information relating to her business plan which she discussed with Jayson. Coco v Clark established that there can be such a breach of confidence despite the lack of contractual obligation between parties. On the basis of the requirements for breach of confidence, it is clear that this informatio n was imparted in a relationship where Lisa could reasonably expect a degree of privacy and could suffer actual loss as a result of the publication of this information. You read "Intellectual Property Assignment" in category "Essay examples" It is possible therefore that Lisa may be able to get an injunction against the publication of her business plan, although not for the details of her private life with regards to the proposed book. Defamation and Privacy: Gossip Magazine Defamation is defined in Sims v Stretch [1936] as: A defamatory statement is one which injures the reputation of another by exposing them to hatred, contempt or ridicule, or tends to lower him in the esteem of the right-thinking members of society. Defamation however, only exists for false statements, as truth is a defense thereto. There is no indication on the facts that the information published in the magazine was false and therefore Lisa does not have a claim for defamation, despite the potential damage to her reputation. With regards to the photographs published, there is no claim for proprietal infringement (Prince Albert v Strange [1849]) as Jayson recorded the video and captured the pictures and therefore is the owner therefore. Arguably, Lisa may have a claim for an infringement of her right to privacy on the criteria set out in Campbell, however consistent with the difficulty noted above as to her status as a celebrity or public figure, this application may have significant difficulty in succeeding in court. Trademarks Nail Varnish and Salon Name Lisa wishes to register as many trademarks as she can over the salon and the nail varnish. Potential trademarks therefore may exist over the name of the salon â€Å"A. OCEAN†, â€Å"RETURN TO THE OCEAN†, the dolphin shaped container, the distinct colour scheme, and the smell diffused on opening the bottle. According to the s1(1) Trade Marks Act 1994: A â€Å"trade mark† means any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings. A trade mark may, in particular, consist of words (including personal names), designs, letters, numerals or the shape of goods or their packaging. In addition to falling within the definition of a trade market under s1(1) of the Act, the mark must also not fall within the prohibited categories under section 3(1) of the act. If however it is found that the trademark does not satisfy the requirements of s3(1)(b) – (d), it may still be registered on the basis that it has become distinctive through use. According to this definition, ‘any sign’ means anything which can convey information; ‘capable of being represented graphically’ means it must be possible for a trade mark to be represented in two-dimensional or three dimensional forms and ‘capable of distinguishing the goods or services of one undertaking from that of another’ means that distinctiveness of strong marks may be those with unique names and those which are merely descriptive may be weaker. In the leading case of Sieckmann v Deutshces Patent-und Markenamt [2004] the European Court of Justice held: â€Å"A sign which is not in itself capable of being perceived visually, provided that it can be represented graphically, particularly by means of images, lines or characters, and that its representation is clear, precise, self-contained, easily accessible, intelligible, durable and objective† The development of these criteria has led to a case being made for scents as trademarks, however Sieckmann held that this is problematic as it may not satisfy the criteria of a trademark in the case, although in Firma Senta Application [1999], a scent application was allowed because of the distinctiveness of the smell and the fact that everyone knows the smell through experience. With regards to the registration of the smell diffused by Lisa’s nail varnish upon opening of the bottle, this may be capable of registration as the smell of the sea is a distinct scent which may be known to a significant portion of the general public and therefore, following the ratio of the Firma Senta Application [1999], may be capable of registration. With regards to the registration of the colour scheme, following the case of Libertel Groep BV v Benelux-Merkenbureau [2003], Cadbury Ltd’s Application set the precedent for allowing the registration of colour schemes with regards to specific goods and services. Therefore it is possible for Lisa to register the distinct colour scheme of her nail varnish, but this may apply only to nail varnish. The dolphin shaped bottle of Lisa’s nail varnish is considered as packaging falls under the shapes or three-dimensional trademarks category, which are capable of being registered under the Act. Under S1(1), in order to be registered the first requirement is that the shape must be capable of being ‘represented graphically’ and for a shape mark, this is not problematic as generally they are able to reduced to a drawing. Whilst there is no specific criteria for measuring distinctiveness in terms of s1(1), there are a number of factors with regards to distinctiveness that may present a number of difficulties for the registration of the salon name â€Å"A. OCEAN† and the name of the nail varnish â€Å"RETURN TO THE OCEAN†. This is so, because these words are not unique and may be found to be descriptive. Additionally, the presence of the competing nail varnish product â€Å"GO BACK TO THE OCEAN† may prove as a reason for the rejection of the trademark application. Under s5(2) of the Act, the registrar will not allow registration of a mark that is the same or similar to an earlier mark as a relative ground of refusal as there may be likelihood of deception of confusion. This is not to say however that this will stand as an absolute ground for the refusal of registration, as these two names may still be capable of registration as having acquired distinctiveness through use. To satisf y this requirement for distinctiveness, the marks must satisfy the requirements of the test for distinctiveness in Windsurfing Chiemsee [1999]. The ECJ provided guidance as to the conditions which would create the requisite distinctiveness to satisfy s3(1)(d) of the Act, as having acquired distinctiveness through use. The court found that: â€Å"If the competent authority finds that a significant proportion of the relevant class of persons identify goods as originating from a particular undertaking because of the trade mark, it must hold the requirement for registering the mark to be satisfied.† With regards to the name of the salon and the nail varnish, these may be capable of registration if it is distinctive in this way. In Philips v Remington, the court also considered the fact that the more descriptive and non-distinct a mark, the more work the proprietor will need to undertake in order to have the mark recognizable to the average consumer. It stands to reason therefore that the extensive advertising campaign that was undertaken by Lisa may in fact have served the purpose of establishing the name of the salon and nail varnish as distinctive trademarks in a significant proportion of the relevant class of persons. This is an objective determination made in light of all relevant circumstances (Windsurfing Chiemsee [1999]). In conclusion therefore, â€Å"A.OCEAN†, â€Å"RETURN TO THE OCEAN†, the dolphin shaped container, the distinct colour scheme, and the smell diffused on opening the bottle are all marks that are capable of registration under the Trademarks Act. For the name of the salon and the nail varnish, there is a significant reliance on the success of the advertising campaign undertaken by Lisa as these marks are not unique per se and may be held to be too descriptive. In the case of RETURN TO THE OCEAN, this will be refused as it is too similar to the competitors name with regards to distinctiveness. P. OCEAN – Trademark Infringement In the case of Emma leaving her employment at A. OCEAN and starting her own salon, the issue of trademark infringement arises. Trademark infringement can essentially occur for both registered and unregistered trademarks, and while it is not clear on the facts whether the trademark of A.OCEAN had been registered, it is necessary to consider both scenarios. According to section 10 of the Act, infringement of a registered trademark may occur in four ways: Identical marks in relation to identical goods or services (s10(1)) Identical marks in relation to similar goods and services andthe public are likely to confuse or associate the later trade mark with the earlier mark (s10(2)(a)) Similar marks in relation to similar goods and services andthe public are likely to confuse or associate the later trade mark with the earlier mark (s10(2)(b)) Identical or similar marks in relation to goods or services that are not similar and the use of the later trade mark without due cause would take unfair advantage of, or be detrimental to, the distinctive character of the earlier mark (s10(3)). It is clear in the case of A. OCEAN and P. OCEAN that if the mark was registered, the infringement would be according to 10(2)(b). It is clear on analysis that there would be an infringement of registered trademark here as the names of the salon are very similar, and the goods and services offered by the salons would lead to a likelihood of confusion. Although, arguably there are a number of factors that may direct away from such a conclusion. The first is that the services offered by the salons are fairly standard in terms of what the general market of salon offers to their clientele and in fact, it could be argued that Emma’s salon offered more of a customized service than Lisa. In addition to this factor, the fact that Lisa’s salon trades in London whilst Emma’s is in Scotland may indicate that there is no likelihood of confusion because of the fact that they trade in vastly different geographical areas. This may in part depend on the nature of the advertising campaign that Lisa undertook, as it may be established that it was a national campaign and therefore extends the reach of the A.OCEAN salon to Scotland where Lisa operates. There is no indication in the legislation that the infringement of a registered trademark is limited by geographical location and therefore it stands to reason that the operation of the act affects the whole of the U.K regardless of the scope of the business operations of that trademark. It is likely that under the Act, Emma would be found liable for infringement of a registered trademark, if the mark of A.OCEAN was registered at the time. If the mark is not registered, Lisa still may have a common law remedy known as passing off. This applies to unregistered trademarks and protects the goodwill associated with certain goods and services. According to the House of Lords decision in Reckitt Coleman v Borden Inc [1990], Lisa must establish the following three elements in order to establish infringement of the unregistered mark: OCEAN is an established trade mark that has acquired a reputation and/or goodwill in the mind of the relevant section of the public. The offending trade mark has been, or is likely to be, confused with your established trade mark. There is a likelihood of damage following the use of the infringing mark. According to IRC v Muller and Co’s Margarine [1901], goodwill is defined as the benefit and advantage of the name and reputation of a business. With the extensive advertising campaign that was undertaken by Lisa, it stands to reason that the requisite goodwill and reputation was established. This goodwill may be restricted in terms of geographical areas and therefore an action of passing off may not be found in this case considering the vastly different geographical locations in which Lisa and Emma operate. This speaks to the likelihood of confusion that may be associated with the mark as considering that the section of the public likely to be confused is not a shared market. This is furthered by the notion of likelihood of damages, as there may be no actual damage to the business or business reputation, as the operations areas are so far apart that it is unlikely that any customers will be lost to Emma’s salon. As noted above however, this may depend entirely on the advertising campaign that was undertaken by Lisa, as the reach of the campaign may have been national and therefore extends the goodwill associated with her mark. Trade Secrets Breach of Confidentiality: Personalized Training Programme With regards to trade secrets and the breach of confidentiality, the relevant law has been outlined above and therefore will be discussed only in terms of its application to the current set of facts. The law of confidentiality arguably applies in this situation because of the use of information gathered at A.OCEAN salon which was then used by Emma in P.OCEAN. This is specifically with regards to workplace confidentiality that may exist in the use of client records for the development of the training programme. Arguably, this information represents a classic situation of workplace confidentiality as it relates specifically to information gathered in the course of employment in A.OCEAN salon. In the absence of a contractual agreement of employment which protects the confidentiality of this information, Lisa may rely on the common law remedy established in Coco v Clark to protect the information that relates to her clients. Arguably however the law of confidentiality does not protect th e use of the training schedule which was independently developed by Emma in her spare time despite this being based on the clientele information of A.OCEAN. Therefore, unless it can be proved that Emma is making use of confidential information in the implementation of her programme in P.OCEAN, the law of confidentiality does not necessarily apply. Conclusion Based on the law therefore there are a number of potential legal issues that Lisa faces. With regards to the publication of her personal information by GOSSIP, unless the information that Jayson sold the magazine is false, there is no claim for defamation. It may be possible for Lisa to get an injunction prohibiting the publication of the book proposed by Jayson, if she can prove a substantial infringement to her privacy would occur. It is unlikely that the publication of the book would be prevented as her status as a celebrity significantly affects her privacy rights. It is however likely that she would be able to prevent the publication of the details of her business plan in this book, as these are detrimental to her business interests, over and above any personal reputational damage that may occur. With regards to her business interests, it is likely that Lisa will be able to register at least five trademarks over her business if it can be proven that they possess the requisite quality of distinctiveness. It is possible that the extensive advertising campaign has had the effect of creating distinctiveness through use and therefore despite lacking a quality of distinctness in terms of the definition of a trademark, registration is still possible. It is further likely that in the event of her registering the trademark over her salon, that there may be an action for trademark infringement against Emma, although this is limited if the trademark is not registered as actions for passing off have been previously limited to geographical area. Considering that A.OCEAN and P.OCEAN operate on opposite ends of the country, there may be no basis for a claim that there was misrepresentation and a likelihood of confusion leading to damages. Further, with regards to the use of the personalized training programme developed based on the client information of A.OCEAN, there may be no action for breach of confidentiality or misuse of trade secrets as there is no actual use of confidential information and the personalized programmes that were used by Emma were developed in her private time and therefore may not breach any workplace confidentiality. This is however in the absence of any confidentiality agreements that she was party to upon entering employment with A.OCEAN. Bibliography Legislation European Convention of Human Rights Human Rights Act 1998 Trade Marks Act 1994 Case Law Argyll (Duchess of) v Argyll (Duke of) [1965] 1 All ER 611 Cadbury Ltd’s Application [2001] Case O-358-11 Campbell v. MGN Limited [2004] UKHL 22 Coco v Clarke Engineers [1968] FSR 415, CA Firma Senta Aromatic Marketing’s Application [1999] ETMR 429 IRC v Muller Co Margarine Limited [1901] AC 217 Kaye v Robertson [1991] FSR 62 Libertel Groep BV v Benelux-Merkenbureau [2003] ECR I-3793 McKennitt v Ash[2006] EWCA Civ 1714 Phillips Electronics v Remington [1999] RPC 809, CA Prince Albert v Strange (1849) 1 Mac G.25 Reckitt Coleman v Borden Inc [1990] 1 All ER 873, HL Sieckmann v Deutches Patent [2003] RPC 685 Sim V Stretch [1936] All ER 1237 (HL) Windsurfing Chiemsee v Boots Case C-109/97 [2000] 2 WLR 205 Secondary Sources Aplin and Davis, Intellectual Property Law (1st ed. OUP 2009). Bainbridge, Intellectual Property (9th ed. Pearson, 2012) MacQueen, Waelde Laurie, Contemporary Intellectual Property (2nd ed. OUP 2010) How to cite Intellectual Property Assignment, Essay examples