Why did the Weimar Republic fail Essay Example

Why did the Weimar Republic fail Essay Example Why did the Weimar Republic fail Paper Why did the Weimar Republic fail Paper Essay Topic: The Republic It is often difficult to analyse the Weimar Republic and decide whether it was doomed from the start due to constitutional defects, or if prevailing circumstances initiated its collapse. This has been a source of argument for many historians, as they all have different ideas as to why the Republic did not survive. Edgar Feuchtwanger fiercely argues that economic problems were the main reason for the Republic not succeeding, because people could no longer be supportive of the constitution in times of hardship and desperation. As massive unemployment and spiralling inflation spread through battered Germany, another solution was sought, and people found salvation in Hitler. However, Dick Geary argues, The Weimar Republic was not overthrown by Nazism, it had already failed. The main reasons why the Republic failed were problems with the constitution and the way the political system worked; lack of support for Weimar; problems the Republic faced between 1920 1928 and the Wall Street Crash in 1929, which caused severe world depression. However, it needs to be decided if Weimar was inevitably going to fail due to the way the constitution worked, or if its never ending uphill struggle from 1919 caused its disintegration. By 1918, it was certain that Germany would be defeated after four years of intensive battle with Britain and France. Due to the possibility of allied invasion and internal problems, the Kaiser, who had been Germanys dictator, set up a constitutional monarchy, which was to be the most democratic system in the world. It was thought that a new democratic system would stop the allies treating Germany harshly, and pave the way for a fairer peace settlement. The Weimar constitution was a very modern one, perhaps even more so than its contemporary counterparts in Britain and France. It is also very similar to modern day systems, not least to the current system of Democracy in Germany. Therefore, it might be argued that the Weimar Republic did not fail due to constitutional problems, as Germany is certainly not failing now. The constitution was well thought out and there were many good points. It was a democracy and the general public were allowed to vote for who they wanted in the Reichstag. Proportional representation was used, which meant there was a mixture of people with different ideas representing the whole of Germany. The President could not make decisions without consulting and gaining approval from the Chancellor first, which was the constitutions way of controlling Presidential powers. However, as Professor Geary argues, Article 48 gave a substitute for the emperor because the President could restore law and order in times of emergencies without consulting the Reichstag. Although proportional representation appeared to be very democratic, it provided weak coalitions who did not agree on everything. Therefore when Germany needed to act quickly in times of crisis, decisions could not be made effectively, for each party had their own ideas on how the country should be run. Proportional representation also allowed extremist parties such as the KPD and NSDAP to gain seats in the Reichstag, which later led to the overthrowing of the Weimar Republic by the Nazis. The initial setting up of the constitution later allowed Hitler to come to power, which destroyed the Republic and, in a way the Weimar Republic was doomed from the very beginning due to the way in which it ran. Nonetheless, it is hard to say that Hitler would have had the chance to abuse the system if other problems in Germany had not existed. From the Republics preliminary introduction, it was faced with problems occurring from the aftermath of the First World War, which was to scar Germany for years to come. Germanys buildings and large cities had been ruined and German morale was very low. The Army, who believed Germany was still strong and had a chance of winning the War, were horrified to learn that their beloved country had surrendered and signed a humiliating Treaty, which blamed Germany for the war. The November Criminalsi who signed the Treaty of Versailles went on to run the country, and the Stab in the Back Myth i left the public with a sense of betrayal and a bitter resentment towards the Republic itself. Before the War, Germany had been a great and powerful country with colonies, lots of land, a strong Army and a challenging Navy. Now, the Treaty had reduced Germany to a wreck, with massive reparations to pay, less land, no colonies, and German people stripped of their pride. There was little hope for a new constitution run by people who had caused all this misery and resentment. As well as ordinary people hating Weimar, political parties from both the left and the right were against the constitution. The spartakists (an extreme left wing party) looked to the Soviet Union, liked the Russian political system and wanted a communist Germany. In January 1919, they started an uprising, but were crushed by the Freikorps, who also didnt support the Republic. However, the Freikorps were anti-socialist, and would have supported the Republic before they supported the Bolsheviks. The Right were next to revolt, and in 1920 the Kapp Putch revolt occurred. Monarchists seized government buildings in Berlin, but surrendered on March 17th. The Weimar government had had another close escape. The early major activities of Hitler included his Beer Hall Putch in 1923, where he tried to seize control of The Bavarian government. Hitlers revolt was crushed like the others, but clear opposition to the republic had been established. The Weimar Republic lacked support from people commencing the day it was set up, and so seemed doomed from the start. The situation in which it was built, and the circumstances surrounding the new constitution did not present the opportunity for it to subsist and flourish, despite other problems Germany may have faced later on. However, the Republic did manage to crush most of these uprisings and didnt fall to pieces. This shows some strength in the constitutional monarchy, so it possibly did stand a chance of survival. The political instability was intensified by the financial implications of the Treaty of Versailles. By 1921, the level of reparations had been fixed to 132,000,000 gold marks. It was clearly evident that the weakened Germany would not be able to pay. Not only did Germany have to pay the reparations, they also had massive war debts and needed to rebuild their damaged country. Nonetheless, a reparations program of payment was imposed on the Germans. When they were not able to pay, the French occupied the Ruhr in January 1923, which led to the total collapse of the Germany currency. The Republic had mainly survived the 1920s because of economic stability. However, by November 1923 Germanys economy was caught in a spiral of hyperinflation, and money was becoming more and more worthless by the day. The middle classes had their savings devalued considerably and pension funds were wiped out. They decided to blame the Weimar Republic because the people who had set it up had agreed to pay the reparations. Before this economic crisis, there were many people who did not really agree or disagree with the principles of the Republic. However, the time had come where people had no one to blame but the government, the majority of the country were angry, and it could be considered that with universal criticism, and perhaps some hatred, the new Republic was predestined to fail. Profiteering, crime and prostitution also increased markedly at that time. Such behavioural trends contributed significantly to the lack of faith in the Republican system. The evidence given so far suggests that the Republic did not stand a chance, despite everything that happened later. The general population had no faith, and without such support, a constitution going through times of much hardship stood no chance at all. However, it would not be fair to dismiss the Republic as a total failure, as from the years 1924 to 1929, there was relative stability in Germany. In 1923 Stresemann was appointed as Chancellor. His foreign policy was shaped by the domestic and international situation, and his main aims were the liberation of Germany and its restoration as a great power. He accepted that Germany had been militarily defeated and not simply stabbed in the back. He realised that France had legitimate security interests and played on Germanys vital importance to World Trade. He realised the sympathy of the USA was important to attract American capital, and as Chancellor, he called off passive resistance and agreed to carry on paying the reparations. This led to the Dawes Plan in 1924, which aided economic recovery and the French promised to evacuate the Ruhr in 1925. The years 1924 to 1929 have traditionally been regarded as the high point of the Weimar Republic a glorious short-lived interlude between the early years of the crisis and its eventual decline and collapse during the depression. An American Journalist in 1924 commented on the wonderful feeling of living in Germany and that things seemed to be much more free and modern. Kolb also described the years as ones of relative stabilisation. It is often agreed that the introduction of the Rentenmark, which stabilised the German currency and the Dawes Plan is a massive contrast to the inflationary chaos of 1922-1923. Had Germany picked herself up? Maybe the Weimar Republic had started to become stable and had a chance of survival. It certainly seemed like Germany had made a remarkable recovery. Heavy Industry, regardless of the loss of resources from the Treaty of Versailles, was able to recover reasonably quickly. By 1928, production levels were generally better than they had been before the War! This was due to more efficient production techniques, particularly in the coal and steel industry. Foreign investors were also attracted to Germany because they knew she was being supervised financially by the allies and had relatively high interest rates. The years 1924-29 held a great amount of hope for Germany. They had an effective Chancellor who was helping Germany to recover. There were many social benefits, and for the first time since the end of the War, people seemed to be living normally again. National border anxieties were settled in 1925, when the Locarno treaties were signed in London. A greater feeling of security began to embrace Germany for the first time in over ten years. By 1926, Germany had joined The League of Nations, and had a voice at an international level, and by 1929 even the withdrawal of the allies from the Rhineland seemed a possibility. Germany was beginning to get back on its feet after a hard war, and relations with the allies and the people were improving. The extremist Nazis had only 12 seats in 1928, and had little or no voice in national government. The socialists were in control with 153 seats and had a steady recovery in progress with no radical changes planned. The government its self had progressed from an imperial autocracy into a democratic Republic. If everything was going so well for Germany, then why did it fail? The Weimar Republic, although a little ambiguous in the first instance, seemed to be doing well. It had its faults, but these seemed to have been overcome in the years 1924-29. Therefore the Republic was perhaps not a lost cause from the start. It had a shaky beginning, but it wasnt definitely going to fail as Germany did eventually recover under the Weimar Republic. If the Wall Street Stock Market had not crashed in October 1929, the Weimar Republic may have survived for many more years than it did, and may even have existed today. In October 1929, all German optimism was dashed by world depression and the Wall Street Stock Market crash. The crisis was felt throughout the world but hit Germany most harshly. Loans and investments dried up and the USA demanded repayment of these loans. This caused unemployment to reach 2 million, a decline in the prices of food, a collapse in trade and a subside in demand. Bri ning became Chancellor in 1929, and his response to the economic crises was to increase taxes and make substantial cuts in government expenditure. His Budget had been rejected by the Reichstag, but because of the way the constitution had been set up, he was able to put the unpopular proposals into effect, by means of the emergency decree in Article 48. Arthur Rosenberg described the formation of Bri ningi s government as the beginning of the end of German democracyi. All classes of people suffered psychologically and lost pride in their country. In such a situation, it is not surprising that people lost faith in the Weimar Republic and saw salvation in the solutions offered by political extremism. People began to turn to Hitler, who preached employment and greatness; this is reflected by the Nazis gaining 107 seats in the 1930 election. The depression created the very situation that Hitler had been waiting for. The Nazis stirred up opposition to the government and Republic, by linking the government to Versailles, and linking Versailles to all of Germanys problems. Hitler had a very wide appeal because he was offering solutions to all of Germanys problems. He promised employment and a powerful Germany. People had been through a lot and thought Hitler seemed like he had a lot to offer. However, it is unlikely that he caused the Republic to fail, as the historian Bessell argues Hitler was a consequence of the failure of the Republic not a cause. He may have been there at the time when things were going wrong, but he alone could not have caused the Republics collapse without the other factors. There are many factors which contributed to the malfunction of the Weimar Republic. It could be argued that if certain things, such as worldwide depression had not occurred, the Republic would have survived, considering the relative stability beforehand. From the very beginning, the Republic faced opposition from both sides of the political spectrum. The public blamed their problems on the Treaty of Versailles, and in turn, blamed the government that signed it. The new government had inherited a difficult situation and it was inevitable that it would face technical hitches from the start. Nevertheless, to say the Republic was doomed from the beginning is hasty. The Republic was beginning to overcome its difficulties during the mid 1920s as economic, political, and cultural improvements were occurring. If it hadnt been for events like the Wall Street Crash, the Republic may have prospered for many years. In agreement with Professor Geary, The depression and crisis led to the rise in the Nazi vote, which led to the collapse of the Republic. The Republic had many faults within its constitutional set-up, which caused problems along the way, and lacked support, but these things had been overcome to a certain extent so the Republic had an opportunity. If it had not been for the additional prevailing circumstances, the Republic may have survived.

Battle of Spotsylvania Court House - Civil War Battle of Spotsylvania

Battle of Spotsylvania Court House - Civil War Battle of Spotsylvania Battle of Spotsylvania Court House - Conflict Dates: The Battle of Spotsylvania Court House was fought May 8-21, 1864, and was part of the American Civil War. Armies Commanders at Spotsylvania Court House: Union Lieutenant General Ulysses S. GrantMajor General George G. Meadeapprox. 100,000 men Confederate General Robert E. Leeapprox. 52,000 men Battle of Spotsylvania Court House - Background: Following the bloody stalemate at the Battle of the Wilderness (May 5-7, 1864), Union Lieutenant General Ulysses S. Grant elected to disengage, but unlike his predecessors, he decided to keep pressing south. Shifting bulk of the Army of the Potomacs strength to the east, he began moving around the right flank of General Robert E. Lees Army of Northern Virginia on the night of May 7. The next day, Grant directed Major General Gouverneur K. Warrens V Corps to capture Spotsylvania Court House, approximately 10 miles to the southeast. Battle of Spotsylvania Court House - Sedgwick Killed: Anticipating Grants move, Lee rushed Major General J.E.B. Stuarts cavalry and Major General Richard Andersons First Corps to the area. Utilizing interior lines and taking advantage of Warrens tardiness, the Confederates were able to assume a position north of Spotsylvania before Union troops could arrive. Quickly building several miles of trenches, the Confederates were soon in a formidable defensive position. On May 9, as the bulk of Grants army arrived on the scene, Major General John Sedgwick, commander of the VI Corps, was killed as he scouted the Confederate lines. Replacing Sedgwick with Major General Horatio Wright, Grant began to develop plans for assaulting Lees army. Forming a ragged, inverted V, the Confederate lines were weakest near the tip in an area known as the Mule Shoe Salient. At 4:00 PM on May 10, the first Union attacks moved forward as Warrens men assaulted Andersons corps along the left side of the Confederate position. Repulsed with around 3,000 casualties, the attack was the precursor for another assault which slammed into the east side of the Mule Shoe two hours later. Battle of Spotsylvania Court House - Uptons Attack: Assembling twelve regiments from the VI Corps, Colonel Emory Upton formed them in a tight assault column three wide by four deep. Striking a narrow front along the Mule Shoe, his new approach quickly breached the Confederate lines and opened a narrow but deep penetration. Battling valiantly, Uptons men were forced to withdraw when reinforcements to exploit the breach failed to arrive. Recognizing the brilliance of Uptons tactics, Grant immediately promoted him to brigadier general and began planning corps-size assault using the same approach. Battle of Spotsylvania Court House - Assaulting the Mule Shoe: Taking May 11 to plan and shift troops for the pending assault, Grants army was quiet for most of the day. Misinterpreting the Union inactivity as a sign that Grant was going to attempt moving by his army, Lee removed artillery from the Mule Shoe in preparation for shifting to a new position. Shortly before dawn on May 12, Major General Winfield S. Hancocks veteran II Corps struck top of the Mule Shoe using Uptons tactics. Quickly overwhelming Major General Edward Allegheny Johnsons division, Hancocks men captured 4,000 prisoners along with their commander. Rolling through the Mule Shoe, the Union advance bogged down as Brigadier General John B. Gordon shifted three brigades to block Hancocks men. Also hampered by the lack of a follow-up wave to press the attack, Hancocks troops were soon being pushed back. To regain the momentum, Grant ordered Major General Ambrose Burnsides IX Corps to attack from east. While Burnside had some initial success, his assaults were contained and defeated. Around 6:00 AM, Grant sent Wrights VI Corps into the Mule Shoe to fight on Hancocks right. Raging through the day and into the night, fighting in the Mule Shoe surged back and forth as each side sought an advantage. With heavy casualties on both sides, the landscape was quickly reduced to a body-strewn wasteland that presaged the battlefields of World War I. Recognizing the critical nature of the situation, Lee repeatedly sought to personally lead his men forward, but was prevented from doing so by his troops who desired to preserve his safety. Some of the most intense combat occurred at an area of the salient known as the Bloody Angle where sides were sometimes reduced to hand-to-hand fighting. As the fighting raged, Confederate troops built a defensive line across the base of the salient. Completed around 3:00 AM on May 13, Lee ordered his troops to abandon the salient and retire into the new line. Occupying the salient, Grant paused for five days as he probed east and south seeking a weak spot in the Confederate lines. Unable to find one, he sought to surprise the Confederates at the Mule Shoe line on May 18. Moving forward, Hancocks men were repulsed and Grant soon cancelled the effort. Realizing that a breakthrough would not be possible at Spotsylvania, Grant continued his trend of moving left and again slipped around Lees army by marching south towards Guinea Station on May 20. Battle of Spotsylvania Court House - Aftermath: The fighting at Spotsylvania Court House cost Grant 2,725 killed, 13,416 wounded, and 2,258 captured/missing, while Lee suffered 1,467 killed, 6,235 wounded, and 5,719 captured/missing. The second contest between Grant and Lee, Spotsylvania effectively ended in a stalemate. Unable to win a decisive victory over Lee, Grant continued the Overland Campaign by pressing south. Though desiring a war-winning triumph, Grant was aware that each battle cost Lee casualties that the Confederates could not replace. Selected Sources Fredericksburg Spotsylvania Court House National Military ParkCWSAC Battle Summaries: Battle of Spotsylvania Court HouseBattle of Spotsylvania Court House Overview

The Joy Luck Club Essay Example | Topics and Well Written Essays - 500 words

The Joy Luck Club - Essay Example She was my mother. The aunties are looking at me as if I had become crazy right before their eyes†¦ And then it occurs to me. They are frightened. In me, they see their own daughters, just as ignorant, just as unmindful of all the truths and hopes they have brought to America. They see daughters who grow impatient when their mothers talk in Chinese†¦ who will bear grandchildren born without any connecting hope passed from generation to generation.† (Tan 40-41) This quote establishes Jing-mei as a representative of the younger generation, while at the same time feeling a deep sympathy for the older generation. She understands the American-born daughters who feel they have lost their touch with their Chinese identities and feel as if they do not know their mothers. She also recognizes the mothers’ fears that for their daughters old values have no more meaning, â€Å"that to these closed American-born minds â€Å"joy luck† is not a word, it does not existà ¢â‚¬  (Tan 41), that they belong to an Americanized way of life and that in this effort to provide them with the best opportunities in life, the mothers have unintentionally secluded them from their Chinese heritage. Jing-mei steps in her mother’s shoes for a weekly gathering, playing mahjong.

Business Strategy Essay Example | Topics and Well Written Essays - 3500 words - 6

Business Strategy - Essay Example There could be positive or negative effect on stakeholders of any changes in strategy e.g. employee layoffs will have negative effect on employees. On the other hand an increase in revenue and profits of an organization will have positive effects on stakeholders. According to Mitchell (2009), it is oftentimes helpful to seek to model the organization in order to analyze the specific activities through which an organization can create a competitive advantage. Michael Porter sought to define such activities known by the handle â€Å"the value chain† and described it as follows: Outbound logistics refer to whatever activities might be necessary to ensure that the finished products reach the consumer. This can include but is not limited to storage, order fulfilment, and a litany of other factors. Marketing & Sales may be defined as those activities which are associated with encouraging buyers to purchase the product/service which is being offered. It includes advertising, pricing, branding etc. Within such a dynamic, the reader can and should engage with a simple SWOT analysis of the firm in question; Electrolux. As such, a brief discussion and analysis of strengths, weaknesses, opportunities, and threats will be presented. The firm displays more than a few strengths; the first of which is necessarily the fact that it has a long and storied past of offering consumer products to key markets since 1918. Moreover, the firm enjoys a very good reputation with consumers as presenting an extraordinarily high quality and offering expert customer support and service post sale. Additionally, key acquisitions and mergers have worked together to make the firm into a resilient one that encompasses the strengths of other companies such as â€Å"ElektroHelios, Finnish Slev, Flymo, Danish Atlas, and Norwegian Elektrag (Lorenz, 1989). One of the greatest weaknesses is the fact that the firm is a

Intellectual property right infringement

Intellectual property right infringement INFRINGEMENT- violation of a law or right. INTELLECTUAL PROPERTY includes patents, trademarks, copyrights and trade secrets are known as intellectual property. Intellectual property rights are the legal rights which result from intellectual activity in the industrial, scientific, literary and artistic fields. IMPORTANCE OF INTELLECTUAL PROPERTY RIGHTS- Whether IPRs are a good or bad thing, the developed world has come to an accommodation with them over a long period. Intellectual property rights are accepted all over the world due to some important reasons. They were essentially recognized for the acceptations of these rights are:- Provides incentive to the individual for new creations. Providing due recognition to the creators and inventors. Ensuring the material reward for intellectual property. Ensuring the availability of the original products. Intellectual property protection is the key factor for economic growth and advancement in the high technology sector. They are good for business, benefit the public at large and act as catalysts for technical progress. INTELLECTUAL PROPERTY LAW INTRODUCTION INTELLECTUAL PROPERTY LAW Comprises of the following Laws:- The Laws relating to Trade Marks / Brands (Trade Marks Act, 1999), Property Marks The Laws relating to Copyright (Copyright Act, 1957) Artistic Work, Literary Work, Audio Video Records and Software The Laws relating to Industrial Designs (Designs Act, 2000) The Laws relating to Patents (The Patent Act, 1970) The Laws relating to Geographical Indications. The geographical Indications of (Registration and Protection) Act, 1999 The Laws relating to Internet (Information Technology Act, 2000) INTELLECTUAL PROPERTY RIGHT INFRINGEMENT- An intellectual property infringement is the infringement or violation of an intellectual property right. Copyright infringement- Copyright-It is a form of protection provided to the authors of original works including literary, dramatic, musical and certain other intellectual works, which may be published and unpublished. Copyright infringement (or copyright violation) is the use of material unauthorised that is covered by copyright law, that violates one of the copyright owners exclusive rights, such as the right to perform the copyrighted work. It is also known as copyright violation. Patent infringement- Patent-It is issued by the United States Patent and Trademark Office (USPTO). A patent for an invention is the grant of a property right to the inventor Patent infringement prohibition act with respect to a patented invention without permission from the patent holder. By means of the licence permission may be granted. It is also known as patent violation. Trademark infringement- A trademark distinguishes goods and services from those manufactured or sold by others and indicate the source of the goods. A trademark protects words, names, symbols, sounds, Trademarks can be renewed forever as long as they are being used. There is no need for registration of a trademark in the U.S. Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees. Infringement may occur when one party, the â€Å"infringer†, uses a trademark which is identical to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence legal proceedings against a party which infringes its registration. It is also known as trademark violation. Objectives- To know the reasons infringement of the intellectual property rights. To know why to care about IPR ? What the the protection measures taken by the government? Review of literature- The Economic Effects of Intellectual Property Right Infringements There is a great effect of Intellectual Property Right Infringement. U.S companies suffer losses in recent years because their Intellectual Property Rights (trademarks, copyrights and patents) are not properly protected abroad. International Trade Commission data collected from 244 US firms was used to study the economic effects of foreign infringement of US intellectual property rights in five sectors of industry. The profit losses of US suppliers is large compared to total profits, that the losses are greater than the profits earned by suppliers who are infringing on rights, but that the losses may be less than the static benefits to infringers and consumers. Research results reveal that Research results also suggest that reducing profits lost to infringers by one percent would require significant increases in identification and enforcement costs. Goods found to infringe an intellectual property right may not be: brought into the customs territory of the Community; withdrawn from the customs territory of the Community; released for free circulation; exported; re-exported; Placed under a suspensive arrangement, in a free zone or free warehouse. CAUSES OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT Too much cost of rd Globalisation Litigation delays in implementing ip rights and award of damages Software piracy Why care about IPR? Patents are benefit to the owner of the IP and it add s value to all industrial as well as business concerns, discoveries and provide incentives for private sector investment into their development. They all should have an independent Research and development (RD) center Globalization and advancement of technology have elevated the importance of intellectual property protection for small and medium sized enterprises. The intangible nature of intellectual property create challenges for those businesses, to protect their inventions, brands, and business in foreign markets. Strong intellectual property protection is essential to the success of the biotechnology companies in this country. For these companies, the patent system serves to encourage development of new medicines and diagnostics for treatment and monitoring intractable diseases, and agricultural products to meet global needs. HOW TO OBTAIN INFORMATION w.r.t. THE INFRINGEMENT OF TRADE MARK / COPYRIGHT The best way to get information and extent about the piracy of the trade mark / copyright is companies own marketing net work. The another best alternative is engagement of detective agencies on contractual basis, which in alternative have their own network. By surveys in major metropolitan cities of India, the information can be obtained about the infringement / piracy of goods and these surveys will lead to and result in the identification of manufacturing, go downs, unknots, distribution network and retailing chain. JUDICIAL SYSTEM IN INDIA The Indian judicial system is independent from executive / government and it is creation of Constitution of India. It is mandatory to obey the orders of the Courts in India by entral State Governments and any non-compliance of the order of the courts are taken as very serious and that may result in the fine and / or imprisonment. In India High Court and Supreme Court judgements has the force of the law. Even in the world the Indian Judicial System is one of the best legal systems which have codified laws and established procedures. REMEDIES AVAILABLE UNDER INDIAN LAWS REMEDIES CIVIL  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  CRIMINAL CIVIL REMEDIES Injunction/ stay against the use of trade Damages can be claimed Accounts and handing over of profits For custody there is appointment of local commissioner/infringing material sealing. under order 39 rule 1 2 of the CPC for grant of temporary the application is filed. Criminal remedies Before the chief judicial magistrate/ chief metropolitan magistrate the complaint is filed. Evidence of the infringement of the IPR. Under sec. 93/94 the application is filed. Search of infringing material is done by Police as per orders and directions given by the court. Lodging of fir and search under section. 156 of the criminal procedure code, 1973. FORUM / JURISDICTION FOR FILING CIVIL / CRIMINAL LITIGATION Civil Cases- The jurisdiction for filing in a civil suit, will include given facts, and fulfillment of given conditions:- From where the cause of action has occrued? Where the violations of IPRs are taking place? Where the defendants work for gain? Trade Marks Act, 1999, it provides an exception, to a registered trade mark. Registered Trade Mark owner can file a case with in court, from where the holder is carrying its business. The jurisdiction for filing a case depend on the activities of the defendants. There is no need to file a suit in different courts separately. PROTECTION AGAINST INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT The infringement of intellectual property rights (IPRs) are by administrative procedures and legal proceedings. In civil liabilities, the infringer may ordered to stop the violated activities, eradicate the damage done, make public apologies and compensate for all the damages. In administrative measures and criminal liabilities, they include warnings in order to stop the violating activities, fines, and compensation for damages made. The interested parties go for mediation, when there is IPR infringement dispute arises. If mediation failed, or interested parties refused to abide by the outcome of mediation, legal proceedings may be instituted with peoples court. The interested parties may also request the relevant administrative authorities for actions. LEGAL PROCEEDINGS When an IPR infringement dispute arises, the infringed party may institute legal proceedings directly with the peoples court at the place where infringing activity takes place.. If an interested party finds that due to emergency or by any delay in stop the infringing activities may cause damages to his/her rights, he may, before instituting legal proceedings, request the peoples court to freeze the assets of the infringer. The peoples court will see to it that the infringer, if the infringer is convicted, he will be made to bear civil liabilities for the infringing act. The infringer will be prosecuted for his criminal liabilities where the case is so serious to constitute a crime. ADMINISTRATIVE PROCEDURES Information and Proof to be Submitted When infringement of IPR dispute rises, the interested may request the administrative authorities and above at the place of the infringers domicile In order to make the request to the administration authorities, the interested party should have to submit a written proof of his right and evidence of the infringing act. Processing by Administrative Authorities It is the duty of the administrative authorities to handle the dispute and they have to make decision whether the complaint will be processed with in 15 days upon receipt of the request and they have to tell their decision to the applicant.If the decision is negative, a written explanation will be given to the applicant and if the decision given by the administration authorities is negative than the applicant will given a explanation in written form within 7 days. Calculation of Compensation On the request of the applicant, the competent administrative may order the infringer to pay for damages. For infringing of copyright, the compensation amount is calculated according to the direct damages caused by the infringement and reasonable fees incurred by the copyright holder in investigating and stopping the infringing act. For infringing of trademark, the compensation amount is calculated on the basis of profits gained by the infringer through the infringement during the infringement period or the damages suffered by the infringed party during the infringement period. For infringing of patent, the amount of compensation is calculated according to the damages suffered by the patentee or the profit which is gained by the infringer through the infringement. Where it is difficult to determine the damages suffered by the patentee. It is also difficult to calculate that how much profit is earned by the infringer, royalty amount of patent may used as per calculation. Dissatisfaction with Administrative Punishment Decisions Instituting administrative proceedings If the interested party is not satisfied with the punishment made by the administrative authorities than within 3 months from the receipt of the notification of decision, and apply to the local government or administrative securities at higher level for reconsideration of the decision. Instituting administrative reconsideration Within 10 days, the authorities should have to decide whether to handle the case or not. If the interested party is satisfied than within 2 months for reconsideration, a decision should be made on that basis. If the interested party is not satisfied with the decision on reconsideration than within the 15 days after the receivable of the notification of the decision, institute administrative proceedings with the peoples court. EFECTIVENESS OF LEGAL ACTION AGAINST INFRINGEMENT PIRACY It is practically very difficult to completely prevent piracy / infringement / violation of intellectual property rights as we know India is a very large country in geographical terms and densely populated country. There are own advantages and limitations of civil and criminal legal actions. Mostly piracy in India takes place in small scale industries, unorganized sector A separate suit has to be filed against each and every company / firm / individual in civil suits, which are filed against infringements, as the infringement by each pirate will amount a new cause of action, separate suits have to be filed against each of them. As compare to criminal remedies the civil remedies are easier. Due to publicity, campaigning the effectiveness of criminal remedies is more as compared to civil remedies. Any criminal action / prosecution is treated as a social stigma in India which leads to condemnation by the society. PROVISIONAL MEASURES The judicial authorities shall have the authority to order promptly and effectively provisional measures: (a) to prevent an infringement of intellectual property rights from occurring, and in order to prevent the entry into the channels of commerce in their jurisdiction of goods, including imported goods immediately after customs clearance (b) to preserve supportive evidence in regard to the IPR infringement. The judicial authorities shall have the authority to require the applicant to provide any reasonably available evidence in order to satisfy themselves with a sufficient degree of certainty that the applicant is the right holder and that the applicants right is being infringed or that such infringement is imminent, and to order the applicant to provide a security or equivalent assurance sufficient to protect the defendant and to prevent abuse. Where provisional measures have been adopted inaudita altera parte, the parties affected shall be given notice, without delay after the execution of the measures at the latest. A review, including a right to be heard, shall take place upon request of the defendant with a view to deciding, within a reasonable period after the notification of the measures, whether these measures shall be modified, revoked or confirmed. The applicant may be required to supply other information necessary for the identification of the goods concerned by the authority that will execute the provisional measures. Without prejudice to paragraph 4, provisional measures taken on the basis of paragraphs 1 and 2 shall, upon request by the defendant, be revoked or otherwise cease to have effect, if proceedings leading to a decision on the merits of the case are not initiated within a reasonable period, to be determined by the judicial authority ordering the measures where a Members law so permits or, in the absence of such a determination, not to exceed 20 working days or 31 calendar days, whichever is the longer. Where the provisional measures are revoked or where they lapse due to any act or omission by the applicant, or where it is subsequently found that there has been no infringement or threat of infringement of an intellectual property right, the judicial authorities shall have the authority to order the applicant, upon request of the defendant, to provide the defendant appropriate compensation for any injury caused by these measures. To the extent that any provisional measure can be ordered as a result of administrative procedures, such procedures shall conform to principles equivalent in substance to those set forth in this Section.

Life Sketch for a Funeral

I was looking at pictures and talking o my mom, she said she remembers him sleeping with Christine on his chest. (Insert letter from Ryan to Christine) Dad was always very supportive of us kids. He did not like cheerleaders, and never failed to let me know that, but he always paid for me to participate because he knew it made me happy. If I happy, he was happy. Mom, Dad, and I moved to Utah in 1993 so Ryan could attend the university of Utah. One of his favorite classes was photography and Lisa remembers taking Christine to the photo lab to spend time with him. In August 1995, the family moved back to Idaho and lived In Mud Lake on the farm.I would ride with Ryan In the stacker, or â€Å"snacked† as I called It. Ryan was taking classes at the SIS extension during that time. Ryan and I-Sis were serving as Primary teachers In their ward there- a calling that Ryan loved because he got to be with kids. That was a good time for our family, and we later moved to Roxbury. On August 1 6, 1996, I got my baby brother, Nathan Grant Hill. Dad spent a lot of time with Nathan as a baby because Lisa was working full-time. Lisa remembers he was so happy to have a son. Nathan spent a lot of time with his Dad in the combine. As he grew up, Neaten loved to go fishing and camping with Ryan.He especially liked the homemade bows and arrows and walking sticks that Ryan would carve for him. Ryan and Neaten went on a week-long hunting trip. Ryan bought Nathan a new bow. They didn't get anything, but they had a good time. Even though they loved the outdoors It wasn't always smooth sailing. Neaten and dad were going down the Alpine Slide together, and hit a curve going too fast, and instead of riding the sled down the mountain, Dad was ruling Nettle's face Instead. Neaten has scars on his head from getting hit with tree branches on the head from dad collecting fire wood.Neaten came out with battle wounds, but they always have a good laugh about it later- well, at least dad laughed at Ante's expense. Neaten and Ryan shared a special connection through their love of sports and music. Ryan only missed one of Ante's football games. When Neaten chose his number, he chose the number 11 because he didn't want to be Just like his Dad, but he knew the numbers 1 and added up to 2, which was his Dad's number. When Nathan started wrestling, Ryan posted on his Backbone account, â€Å"Neaten took first in his first wrestling tournament. I love football, but I goat say wrestling Is intense. He loved to watch Neaten wrestle.Lately, Neaten liked playing a game with his Dad where he would play clips of songs and then ask Ryan who sang It, when It was made, and whether It was famous. If my dad would say the song was popular and my Neaten didn't agree he would come back with â€Å"Nobody's heard this song! † When Christine and Nathan were young, Ryan worked as a snowmobile guide in Park City. He was a great guide and met some interesting people, Including ten calculator Attorney General, Ana Kept In touch Walt many AT them. A few days before Christmas in 1996, Ryan got in a snowmobiling accident that hatred his elbow and broke his forearm and scapula.Uncle Dave can remember sitting on Ryan while they tried to reset his dislocated shoulder and thinking how strong he was even in that condition. The first thing he asked when he was coherent was whether his snowmobile was alright. We can all remember being so grateful to have him home that Christmas. In 1998, Ryan moved back to Utah. That summer and fall, he and Lisa, Christine, and Nathan spent almost every weekend camping in the High Ninths. They loved to camp together. It became a family tradition to camp in Zion's National Park over Easter and then drive into SST. George for the annual Easter egg hunt.It was around this time that Ryan got very interested in food. We can all remember the strange things he liked to eat, like oysters and Kipper Snacks. He loved Tobacco sauce and would add it to everyt hing, seriously- everything. But, he not only liked to eat food, he loved to cook it. He had become an amazing cook. He made turkey and oyster dressing for the Hill Family Thanksgiving a couple of years ago and raised the bar for all Thanksgivings to come. He regularly cooked prime rib dinner for the Erickson family on Christmas Eve. Lisa said he could spend 25 minutes kicking out a steak.He loved to cook, but he especially loved to cook for his siblings. While Aunt Stephanie and Uncle Ryan and Aunt Megan and Uncle Shawn were attending BUY, Ryan would invite them over regularly for Sunday dinner and a game of Sequence, until I decided to choke on a game piece, and dad had to stick his finger down my throat to make me throw up. We will miss his good cooking. Ryan started working for OMG in 2002. This was the start of a very successful career in sales. He quickly moved up and became the top salesperson at the company, which later changed its name to Prosper.Most recently, he was leadi ng a sales team at Property. He was good at what he did and became a leader to those he worked with. His co-workers have commented that he was a great leader, mentor, and boss. People genuinely enjoyed working with Ryan and appreciated his kindness, consideration, and generosity. Even those who had worked with him Just a short time, thought of him as a brother and best friend. Lauren Joined the family on September 4, 2003. Lisa calls Lauren their â€Å"Evolve child. † She would not go to anyone other than her Mom and Dad. Ryan did not do anything without holding Lauren.Ryan decided to take Lisa to New York for her birthday after Lauren was born, but they could not leave Lauren so they ended up taking her with them. Ryan read to Lauren every night and Lisa thinks this is why she is such a good reader. Ryan always took his time to answer her questions and never rushed to be done reading. That same year, the family made another whirlwind trip to New York for Thanksgiving. When w e decided to go we spent about an hour on the computer, and six hours later they were on a red-eye flight bound for New York City. They stayed and had Thanksgiving dinner at the Plaza.New York was one of the most memorable trips our family took. Going to see all the sights my dad had random facts to share with us. He was always like a walking encyclopedia! When we first got to New York we walked out of the taxi and the Hotel Bellman at the Plaza saw that my mom had 3 children and was pregnant with another. He asked â€Å"Is there nothing better to do in Utah? † Madeline arrived on April 1, 2005. We all knew that Muddy was Ryan's favorite, no matter now much en terra to any It when en got none Trot work, en would ask where Media was and then spend time all night with her.He told Lisa he Just felt like she needed that time with him. Not long after Media was born, Ryan and Lisa were sealed to their children for time and eternity in the Salt Lake Temple on November 19, 2005. The only way I remember this day was because it was the same day that Santa came to the mall that year. It was a beautiful day and one they had looked forward to for a long time. One of my dad's favorite quotes was, â€Å"l never said it would be easy, I only said it would be worth it. † Making it to this point wasn't easy, but without a doubt it was worth it.It marked how far our family had come. My dad worked with all his soul to get our family there, and because of that hard work we will be together forever. He always knew that was true, and made sure that his children knew that too. Soon after Media was born, Charlie followed. And when we say soon, we mean it- 9 months and 18 days! Charlie was born on January 18, 2006. Grandma Chris calls Media and Charlie the â€Å"Irish twins† because of how close they are in age. Lisa was determined to have all her babies before she turned 30 and she did.There were some scary moments prior to Charlie's birth because of some issues t it his heart, but when he arrived Ryan and Lisa were thrilled because they really wanted another boy. â€Å"Chuck,† as they call him, looks Just like his Daddy. He also has his sense of adventure. The day of the accident, Charlie was riding his neighbor's dirt bike and couldn't wait to show his Daddy how good he could ride. Ryan was a great Dad. He was extremely patient with his children. He would rather be doing something with his kids than anything else. He taught all of his kids how to ride a bike when they were very young.One of their family traditions was participating in he Freedom Festival activities over the Fourth of July in Provo. Ryan sometimes ran the K and the family always attended the Stadium of Fire with Grandma Knells family. But, their favorite thing to do together as a family was to go boating. The happiest times I can remember were out on the lake. Lisa introduced Ryan to boating because the Erickson are avid boaters. Tom recalls teaching Ryan to water ski on one ski. Ryan could ski with two, but was determined not to be outdone by Lisa who already had slalom skiing mastered. Tom spent most of one day trying to get Ryan up on one ski.He tried and tried and would not give up. Tom kept asking Ryan if he wanted to take a break and Ryan Just kept saying, â€Å"Hit it! † No one could ever say that my dad wasn't a hard worker. Needless to say, Ryan eventually got up and he was hooked. He was happy to go boating with Tom and Chris, with or without Lisa. Eventually, Ryan bought a boat for his family and it became their safe haven. They put hundreds of hours on the boat on Lake Powell, Utah Lake, Deer Creek, Carbondale, and others. They boated during the day and at night. We would go out when it was a full moon, and would hook glow sticks to our life Jackets.The only thing you could see was a little light going back and forth, and in my dad's case that light was moving pretty dang fast. Ryan spent many hours taking Christine and her fr iends on the boat. I don't remember a time when I asked him to go out on the lake with my friends and he said no. I know that we drove him nuts most of the time, but he knew that I loved it. He was always extremely patient in helping us learn to ski, something he must have learned from Tom ;). His kids have wonderful memories of their times together as a family on the boat. The last family vacation they took together was lastAugust. Again on ten spur AT ten moment, Lisa cellar to take ten Kilos to calculator. Three hours later, she and the kids were on the road. We would have left earlier, but I had to teach a cheer camp. The second I was done, we were on the road. Ryan surprised them all by catching a flight and knocking on their hotel door at 1 a. M. We were planning on leaving the day after he got there, but He moved the family to a hotel on Huntington Beach and we got an even longer vacation. The kids remember it being the nicest hotel they had ever stayed at. They had a wonderf ul trip and made lasting memories.

Gulliver’s Travels Exploring Gulliver’s Journey - 1886 Words

Through metaphors in Gulliver’s Travels, Jonathan Swift showed that the self-indulgence of humanity will lead to their ultimate failure unless they learn to become kinder and more selfless. Each island in Gulliver’s Travels shows a different trait standing alone causing it to be just as bad as being self-indulgent. This type of failure will cause separation and isolation, which could lead to mental instability. The book, Gulliver’s Travels by Jonathan Swift, starts off with a young surgeon who has been recently married. This young surgeon, Gulliver, is a family man who begins working as a surgeon on a ship. Gulliver at the beginning of the book is just like any other man during this era as seen in this quote from Gulliver’s Travels, â€Å"But,†¦show more content†¦But when some confessed they owed their greatness and wealth to sodomy or incest, others to the prostituting of their own wives and daughters; others to the betraying of their country or their prince; some to poisoning, more to the perverting of justice in order to destroy the innocent; I hope I may be pardoned if these discoveries inclined me little to abate of that profound veneration which I am naturally apt to pay to persons of high rank, who ought to be treated with the utmost respect due to their sublime dignity, by us their inferiors. (Swift 215) The idea of such inferior people holding power changes Gulliver’s perspective of humanity; this is one of the most ultimate changes that Gulliver goes through. There are a lot of contradictory words and antonyms seen in this passage that makes it seem as though Gulliver is almost arguing with himself whether the actions of the past rulers are acceptable or not. â€Å"Perjury, oppression, subornation [sic], fraud, panderism [sic], and the like infirmities, were amongst [sic] the most excusable arts they had to mention,† is a very powerful sentence that sets a negative tone. Association of such words that are along the lines of disgust, Gulliver has begun to lose his respect for past rulers. Swift’s use of phrases had to mention and confess they owed, shows that Swift felt as though the past rulers wereShow MoreRelatedGulliver ´s Travels by Jonathan Swift: Biographical Summary1982 Words   |  8 PagesGulliver’s Travels – Jonathan Swift – Biographical Summary Jonathan Swift was born on November 30, 1667 in Ireland to English parents, Jonathan and Abigail. His father, Jonathan, died shortly after his birth, leaving his mother to raise him and his sister alone. In Ireland, Swift was dependent on a nanny for three years because his mother moved to England. The young man was educated because of the patronage of his Uncle, Godwin Swift. Godwin sent him to Kilkenny Grammar School at age six, whichRead MoreANALIZ TEXT INTERPRETATION AND ANALYSIS28843 Words   |  116 PagesGrave, and John Updike’s AP may also be said to deal in common with the theme of initiation, the rite of passage into the world of adulthood. Or, we may speak of theme as a familiar pattern or motif that occurs again and again in literature, say the journey theme found in works as different and similar as John Barth’s Lost in the Funhouse, Joseph Conrad’s Heart of Darkness, Nathaniel Hawthorne’s My Kinsman, Major Molineux, and Flannery Oâ€℠¢Connor’s The Artificial Nigger. When we speak of theme in connection