The paper discusses two main aspects of intellectual property rights; trademark infringements and patent infringements. An overview, case study and conclusion is given for each topic.
Abstract There are two main topics in this paper dealing with intellectual property rights; trademark infringements and patent infringements. The paper provides an overview of each topic including case law and a conclusion for each section. The paper reaches the conclusion that the patent protection and infringement process is substantially more complex than that of the trademark infringement violation.
Outline:
Trademark Infringement
Overview
Case Law
Conclusions Patent Infringement
Overview
Case Law
Conclusions
From the Paper "Essentially, infringement of a patent occurs if one's protected item or process was sold or used without permission and/or compensation in any country where a patent has been granted to a party. This applies to Canada as well as any other country. Obviously no patent protections will be provided in a market in which a patent has either not been applied for or where the patent process does not exist in any mature form."
Argues that although there is sufficient reason to be concerned with the effects of microwaves, there is no conclusive evidence to suggest that cell phone technologies cause cancer.
2,900 words (approx. 11.6 pages), 19 sources, 2002, $ 106.95
Abstract The following will present an argument which maintains that there is no conclusive evidence for the connection between cell phone technologies and cancer, and toward this end the focus of the following analysis will be toward presenting both sides of the argument in question, and it can be said that although the evidence is not conclusive, there are good reasons to be concerned with respect to the effects of radiation, and in particular microwaves.
Abstract The paper discusses a study which posited that reduced intentional control of persons under the influence of alcohol could be counteracted by caffeine or an environmental incentive such as money. The paper discusses the variables and methodology used and summarizes the conclusions drawn from the experiment. The paper provides an analysis of this experiment and shows how the dual nature of the experiment is problematic to some degree. The paper discusses what the experiment should have tested instead.
Outline:
Hypothesis Tested in the Experiment
The Variables
The Methodology and Procedures Used
Conclusions Drawn from the Experiment
Analysis
From the Paper "The researchers wondered if the increased chemical stimulation and arousal produced by the pharmacological effect of caffeine or some other environmental reward (such as money) could function to counteract the depressant action of alcohol upon the central nervous system. The researchers believed that caffeine or an external reward could help restore some intentional control of behavior; much in the way some drinkers insist that a cup of coffee has a sobering effect upon their performance behind the wheel of a moving vehicle."
Abstract The paper examines the study, "Missed and Delayed Diagnoses In The Ambulatory Setting: A Study of Closed Malpractice Claims", which examines the role of physician error in situations when patients were harmed through diagnosis issues. The paper relates that the study relied on a weak form of multivariate analysis to draw its conclusions and examine the data which was all secondary in nature. The paper points out, however, that the results are enlightening regarding the strategies that can be devised to prevent misdiagnoses and delayed diagnoses.
From the Paper "This study did not use higher level statistical analysis since it was relying primarily on secondary data sources that had, for the most part, already been compiled. Yet, it did apply a weak form of multivariate statistics wherein different variables were attributed different values and measured against the whole (Ware & Brewer, 1998, p.14). Among some of the variables measured or assigned values were errors that resulted in actual harm to the patient, errors were linked to serious harm to the patient, and errors, of one type or another that actually resulted in patient death (Ghandi, 2006, p.2)."
Abstract This paper explains that Jean Piaget argued that, until the age of eleven or twelve, children were fundamentally animistic, the incapacity to be able to clearly differentiate between animate and inanimate objects. The paper presents a complete meta-research analysis into this theory, which reveals that the wide body of literature on the subject undermines Piaget's claims. The paper's findings illustrate that the development of this psychological concept occurs much earlier in the developmental process, even as early as age three or four. The paper concludes that, whatever Piaget's contributions to developmental studies, his conclusions on animacy must be abandoned in favor of the weight of academic discourse on the subject.
Table of Contents:
Abstract
Introduction
Method
Results
Discussion
Conclusion
From the Paper "Dewart's (1979) research into language and animacy highlights the important point that Piaget's late development of a concept of animacy is incorrect. Similarly Schwartz (1980) found that a child's ability to judge a sentence anomalous was based on the preexisting knowledge of animacy. Working with young children and combined with Dewart, this study impressively pushes the development of a conception of animacy to at least preschool ages. Dewart found that children as young as five were able to determine animacy based on sentence structure."
Abstract This paper explores the legal recourse for the unacceptable conclusion of a purchase and sale transaction. The case study uses specifically the example of The Munching Mooters ("The Mooters") of Britain, who contracted with a French supplier for the purchase and delivery of specialty cheeses , however, upon arrival and inspection, the goods were found damaged and unusable. The paper examines the processes that needs to be addressed before any legal recommendation can be made. The author also discusses the sales contract, codes of best practices and torts as well as defines terms of the sales contract. In addition, the author evaluates the position and avenues available to The Munching Mooters for recourse and loss recovery.
Outline:
Introduction
Issues to be Considered
Conclusion
From the Paper "The Mooters should sue if an insurance claim and recovery cannot be made. It is reasonably expected that the purchased product will be delivered in a usable condition. It was not. The intent of the sales contract was breached. At issue is the assignment of responsibility for the breach of contract. The details provided to date are insufficient to clearly assign responsibility; however, it appears that the carrier, Mouldy, is likely responsible for the damage and the resulting total loss of the goods. The basis for this is the consensus that the goods were delivered in good condition to the carrier's loading dock. It is believed that Mouldy's malfunctioning loading gear allowed the product shipment to be dropped resulting in a weakening of the product's packaging. It is believed the weakened packaging is the causative factor leading to the total loss of usability of the goods."
Abstract The paper looks at methods of organizing material effectively and explains the use of an attention-getting opener, a well-organized and easy to follow speech body and a well thought-out conclusion. The paper also discusses the importance of clear articulation, good projection, variety and animation in presenting a speech.
Outline:
Objective
Introduction
Public Speaking Methods and Skills
Speaking at a Public Meeting-Tips
Public Speaking in the Media
The Attention-Getter
Summary and Conclusion
From the Paper "Basic presentation skills are stated in the work of McNamara (2007) and stated as the first step is to "list and prioritize the top three goals that you want to accomplish with your audience." Secondly, it is important to "be really clear about who your audience is and why it is important for them to be in the meeting." (McNamara, 2007) Third, it is important to list all the major points of information that should be conveyed to the audience and then to ask oneself if all the points are likely to be understood by everyone in the audience. It is necessary to consider the tone that one desires to set for the presentation. Through defining the tone of the presentation one may enable the cultivation of that mood to those listening in the audience."
Abstract This paper examines deductivism and its use in scientific explanations. The paper first discusses the components of deductivism - the premises on which the deduction works and the way that the premises lead to the conclusions. It also discusses whether this way of leading to conclusions is logical or not. The paper then compares this approach to scientific methodology with that of inductivism.
From the Paper "One of the problem that can be found in deductivism as a successful scientific method is the nature of the premises on which the entire deductive process is based and the obvious question of how we can actually determine the premises with which we start the deductive process, given the fact that the premises themselves cannot be actually deducted from anything else, but represent the initial phase of the deductive process."
"In my opinion, this is not an argument that can make us deviate from the support of deductivism as a scientific method. The facts that a deductive mechanism starts with are evidentiary facts, facts on which one can agree on in an uncontroversial manner and facts that can constitute reasonable and valid premises of our deductive mechanism."
Abstract This paper discusses the existence of the Star of Bethlehem and examines what the Star of Bethlehem was. The paper also identifies and discusses the first reference to the Star of Bethlehem in the New Testament of the Bible. Specifically discussed by the paper is the debate of whether the Star of Bethlehem was a myth or if there is conclusive evidence for its existence.
Table of Contents:
Did the Star of Bethlehem Exist?
What are Possible Explanations for the Star of Bethlehem?
Did Saint Matthew Create This Myth for the Birth of Jesus?
Is there Conclusive Evidence Identifying the Star of Bethlehem?
From the Paper "In conclusion, there is no evidence that signifies conclusively that the Star of Bethlehem actually existed because these are all merely theories from which astronomers and historians alike justified that the Star of Bethlehem existed when Jesus Christ was born. All historians and astronomers have at this point are fascinating speculations and theories like those by Molnar as well as the many other authors and scientists who have attempted to uncover the mystery surrounding the Star of Bethlehem. Perhaps the mystery about the Star of Bethlehem will never be completely solved, but it is the mystery itself that drives us to find a solution."
Abstract This paper traces the history of the controversial music sharing internet provider, Napster. The bulk of the paper is an actual timeline that literally moves from month to month covering the major developments in the case. A conclusion is offered along with short biographies.
From the Paper "Napster was established in May of 1999 by 19-year-old Shawn Fanning, 20-year- old Sean Parker, and 23-year-old Jordan Ritter. The program was designed by Fanning so that users could share MP3 music files online, using free software that the user downloads from the Napster website. Napster users share MP3 files online and store downloaded files on their computers for playback at their convenience. This is called peer-to-peer sharing. Napster allows users to search the hard drives of other users for files that they wish to download. The program provides technical support for the indexing and searching of MP3 files, and also provides chat rooms where users can talk to one another while searching for their files."
Abstract This paper is an attempt to support the thesis that "Les Liaisons Dangereuses" is an example of an Aristotelian tragedy. There are several elements that need to be present in a story in order to make it an Aristotelian tragedy. These elements include a tragic hero's character flaw, the plot, use language in a variety of artistic methods, a radical change in the direction of the storyline, a tragic conclusion and a purge of emotions. This serves as the basis for Aristotle's definition of a tragedy in literature. The author sites several passages from the story to support the thesis that this is indeed an Aristotelian tragedy.
From the Paper "An Aristotelian tragedy must use language in a variety of artistic methods appropriate for the specific parts of the story and, more importantly, to reflect the nature of the characters. Valmont's letters, especially those to the Marquise, portray his high level of education; he often makes allusions to mythology to explain his view on the art of seduction and his actions towards Madame de Tourvel. The tone of his letters to Madame de Tourvel, however, have a more dramatic nature. Here his letters possess a desperate tone, full of emotion, in order to convince her of his love. This also causes her to feel even more guilt for not yielding to him. Valmont tells Madame de Tourvel, ? Never have I enjoyed writing to you so much; never have I felt whilst doing so such a tender, yet keen emotion (Laclos 95). The different language used in his letters to Madame to Tourvels and the Marquise thus reveals his character."
Abstract Both Independent Software Vendors (ISVs) and retailers with an Internet presence have struggled over how and when to release information to the public regarding security vulnerabilities and/or security breaches. This paper examines this debate and provides a potential conclusion.
From the Paper "In the modern age of information technology, security services and solutions are at the core of any organization's or Independent Software Vendor's (ISV) information technology strategy. Security is a baseline and absolute requirement for maintenance of an IT solution, yet it is often also one of the most difficult and dynamic components that IT managers have to contend with. In the past several years, reports of security vulnerabilities and associated attacks have reached ever increasing levels. Interestingly, most attacks occur after security vulnerability has been reported and a patch made available by an ISV."
Abstract This paper looks at the conclusions drawn up by Landes regarding the distribution of wealth between modern nations. It shows how Landes claims that current inequality between the rich and poor nations of the world stems directly from the industrial revolution, in which some countries made the leap to industrialization and became extremely rich, while other countries failed to adapt and remained poor. His theory of world economics is analyzed as it relates to his opinion on the distribution of wealth.
From the Paper "Landes concludes that the achievements of Western nations are rooted in culture, rather than just technology. Therefore, he believes they could have taken place nowhere else because technology itself is just a product of culture. The values that produced scientific and industrial progress also produced the entire culture of modernity. Because of these values, Landes says, Western civilization provided better for its people than any other."
Abstract This paper briefly discusses the way in which critical thinking and correct decision making can impact on businesses. The writer defines critical thinking and explains the thought processes involved when considering an issue, thinking it through and coming to a conclusion.
From the Paper "Almost everyone from educators, to civic leaders to business executives are talking about critical thinking and using critical thinking in order to gain desired results in their respective field. But what is critical thinking and how it is used? Critical thinking is no novel thought process; it refers to a kind of reflective thinking, it is a thinking process which is essentially used in problem solving. It is a thinking process which takes into consideration all the facts and all the point of views, hears it patiently and analyzes it step by step like questioning of the lawyer. The method is used especially for "dispute and problem solving, it listens to all sides and takes into consideration every angle of a problem, then deciding what is relevant and what is not and then rendering a thoughtful judgment". One of the significant factors of critical thinking is the ability to summarize the complex ideas clearly with fairness to all sides."
Abstract This paper looks at how conclusions of the neo classical model of prices and markets are undermined by the existence of market failure and by the implied assumption that economic agents do not learn from experience.
