Experiment: Analysing molar mass of Aspirin Essay

Introduction In 1899 the Bayer Company of Germany introduced the ethanoate ester of salicylic acid naming it, ‘Aspirin’. Aspirin is an acid, it can be titrated with a base such as sodium hydroxide to the equivalence point. The following chemical equation describe the acid-base reaction that will be observed in this experiment. H-Aspirin + NaOH ——> Na-Aspirin + H2O (acid) (base) (salt) The above chemical equation is balanced as written. An indicator will be used to provide a way to visually determine the endpoint of the titration. Phenolphthalein changes from colourless to a faint pink while bromothymol blue changes from yellow to a faint blue at a pH of around 8. Aim To calculate the molar mass of Aspirin Hypothesis The chemical formula of Aspirin is C9H8O4. It can also be written as C6H5(OCOCH3)COOH. In this experiment, Aspirin, which is an acid, will react with sodium hydroxide, NaOH in an acid-base reaction to produce salt and water. This analysis makes use the fact that aspirin is a monoprotic acid and therefore reacts with NaOH according to the equation: Conclusion The experimental molar mass of Aspirin, C6H5(OCOCH3)COOH is close to the theoretical value. The difference between the experimental value and the accepted value is not really big. However, there are difference between the experimental molar mass of aspirin when using phenolphthalein and bromothymol blue as indicator. The obtained molar mass of aspirin when using phenolphthalein indicator is smaller than using bromothymol blue as indicator. The difference with the theoretical value is also less. Due to this difference, the percentage error when using phenolphthalein is smaller than bromothymol blue. Therefore, phenolphthalein is a better indicator in this acid-base titration reaction. This is because the final pH or the endpoint of titration lies in between pH range of phenolphthalein that is 8.2-10.0 and not in bromothymol blue which is 6.0-7.6 . This is the reason why phenolphthalein indicator is able to produce more accurate result than bromothymol blue. Evaluation There are some weaknesses that were detected throughout the experiment. Firstly, the volume of indicator are not fix in this experiment. Using drops is not really suitable as it may distort the volume of indicator in this experiment. The difference may not really big but it still can affect the final result. Secondly, the mixture of aspirin, C6H5(OCOCH3)COOH and sodium hydroxide, NaOH is not stirred during the titration. This may produce uneven and not uniform result as the NaOH is not totally mix with the aspirin. The neutralization process may only occur on the surface of the aspirin solution. Having said that, this experiment is successfully analyzing the molar mass of aspirin. The experimental value is close to the theoretical value. Further improvement In order to improve the results of the future experiments, several ways can be implemented. Firstly, the volume of indicator use should be fixed instead of using drops. By using this way, the level of uncertainty of the final results can be reduced. Besides that, the mixture of aspirin solution and NaOH need to be stirred throughout the titration process. More uniform results can be obtained by implementing this method.

Copyright Law and Industrial Design Essay

Introduction The history of intellectual property law represents, in its essence a bargain between the interests of society from being able to utilize and copy innovations, and literary and artistic works, and the interest in protecting the benefit to the creator so as to stimulate further such work. Enactment of copyright legislation was not based upon any natural right that the author has upon his writings but upon the ground that the welfare of the public will be better served by securing to authors for limited periods the exclusive rights to their writings. Property rights represent the principal vehicle for enabling creators and producers to appropriate the value of their efforts. Preserving a delicate balance therefore, is of paramount importance. However, intellectual property rights have, in certain circumstances, begun to overlap and provide simultaneous or sequential protection for some inventive and creative works mainly by accretion rather than design. The traditional channeling doctrines used to determine which area protects a certain interest have had their boundaries blurred, and overlapping areas has become a phenomenon, its most prominent manifestation being the overlap of protection afforded to designs under the design laws and the copyright laws. This paper, by tracing the source and genesis of the rights afforded to industrial designs, the varying nature of the protection afforded and the rationale behind it, will attempt to argue that the conceptual separation between the protectability of copyrightable works and designs necessitates a very strict exclusion of all designs or applied art to be removed from the ambit of copyright protection. By clearing up the confusion surrounding the law of development of designs and the ambiguous nature of the protection afforded which has led to the current status of overlapping protection, the paper will present an overview of its implications and defend status quo. The Origin of Design and Copyright Stemming from the age old understanding of property rights and the entitlements carved thereto, the very basis of copyright law is to allow the creator of a work the right to enjoy the fruits of his labour and derive benefit from it. The concept of limitation, however is inherent in it, and it has been universally held that the author / artist of a work cannot enjoy the monopoly forever. This concept of a limited right is of grave importance in this paper, since the development of various strands of law is crucially linked to its limitation. Copyright law then, evolved to bestow upon the creator the right to distribute, to perform, display and to prepare derivative works based upon the copyrighted work and prohibit all unauthorized, economically significant uses of copyrighted works. Copyright law has traditionally had a ‘useful article’ exception. According to the legislative history of the 1976 Copyright Act, the purpose of excluding useful articles from copyright protection was â€Å"to draw as clear a line as possible between copyrightable works of applied art and uncopyrightable works of industrial design.† The objective of excluding useful articles was fundamentally linked to the nature of copyright itself, which protected art for art’s sake, the mere expression. The distinctive philosophy of copyright law protection applied only to art, where the sole purpose of the art was its aesthetic value and was extended only gradually, and against considerable opposition, to ‘works of art applied to industry.’ The separation of ‘beauty’ from ‘utility’ was opposed on the ground that art remained art even when applied to useful objects. But the fundamental object of the design being economic aims, it only came into its own when the industrial revolution had made it possible to reproduce useful articles in series and which then assumed the eminently practical task of increasing sales of goods on the general products market. Industrial design, made for a commercial purpose, did not qualify and were always disqualified from the wide ambit of copyright protection. It was considered appropriate to treat artistic works applied to products produced in certain industries separately from other works which enjoyed full copyright protection. For the simple reason of being applied art, being embodied in a useful article and necessitating a different approach, design law evolved from copyright as an exception for artistic designs applied to specific classes of industrial goods, or goods within particular industries. In obtaining protection, the design had to satisfy the requirements of novelty, non obviousness and creativity. Essentially given as a right to protect fabric designs, the extent of protection grew until was no requirement for registration. Now, according to the Industrial Design Act, a â€Å"’design† or an ‘industrial design’ means features of shape, configuration, pattern or ornament and any combination of those features that, in a finished article, appeal to and are judged solely by the eye. A registered design is a statutory monopoly, of up to 25 years duration, which is intended to give protection to the aesthetic appearance, but not the function, of the whole or parts of a manufactured article. The visual impact or impression counts. The design may be applied to any of the surfaces of the article and hence, it may be the shape or surface decoration. It is the design, not the article itself which is protected by registration. Surface designs were two dimensional designs and were mostly just achieved by ornamentation and the like, and when the design involved shape and structure changes in the article, they were shape designs. To be qualified for registration, a representation of the design, a statement of novelty identifying its unique features, and the set of articles in respect of which monopoly is claimed was required to be submitted. The required level of originality for a design to qualify is disputed. While in some cases, it is only required that the design not be in existence, in other cases, creativity and aesthetic appeal was required. It would seem, however, that the latter requirement more truly reflects the incidents of the law, since the separability analysis requires that decorative features be identifiable. Design Protection: Its Rationale and Incidents Design protection law, from its very inception, attempted to provide a monopoly status to the design only with respect to a specified category of articles, and not to every object which might utilize the design. This deviation is highly significant for the purpose of this analysis, since it exemplifies one of the most fundamental distinctions between the law of design protection and copyright. From affording protection only to ornamentation of designs, the Act started to cover a new and original design for an article of manufacture having reference to some purpose of utility. The reference to ‘utiltity’ whether as an exclusionary or determinative factor in deciding legal protection for the design, play a pivotal role in the development of design law and thus, its relation and dependence upon the functional aspect of the article could not be divorced. The result of design protection to manufactured articles therefore, may be to secure important advantages in reference to a mechanical object, if these advantages should be the result directly or indirectly of the shape adopted. It is in this context that the separability analysis acquires significance. Doctrine of Separability: Unity of Art and Theory of Disocciation The mere expression of the design as an artistic work would receive protection under copyright, but where the article embodying the design did not have the sole purpose of being of aesthetic appeal alone, it became a design. Thus, only that aspect of a design which could be separated from the utilitarian aspect of the article would receive protection, otherwise the aesthetic appeal of a useful article would go unnoticed since the functionality doctrine negates the aims of copyright law. Design law protected any feature of the design which was dictated entirely by the dictates of functionality would not receive protection, since it was the creative nature of the design which was sought to be protected, and not the entire article. The unity of art theory asserts that industrial art is art; the theory of dissociation starts from the premise that industrial art is inextricably bound up with industrial products. The unity of art doctrine glossed over the affinity of ornamental designs of useful articles to industrial property, an affinity recognized by the Paris Union at the International Convention for the Protection of Industrial Property in 1883. The doctrine of separability, as developed in the context of copyright law is of great significance in this analysis. According to this, protection is afforded only to that part of the design which is separable from the utilitarian aspects of the article. When the shape of an article is dictated by, or is necessarily responsive to, the requirements of its utilitarian function, or if the sole intrinsic function of an article is its utility, the fact that it is unique and attractively shaped will not qualify it as a work of art, but if the same functionality is capable of being obtained from a different design, the design is eligible for protection. The notion that the shape of an article dictated by the requirements of its utilitarian function, should not be protectible in copyright law is accepted nearly everywhere because such protection would circumvent the strict requirements of the patent law. If there is no physical separability, the examination then moves on to whether the utilitarian and aesthetic features can be imagined separately and independently from the useful article without destroying the basic shape of the useful article. Of course, all industrial designs are â€Å"functional† in the sense that they are embodied in products that perform a function. As a matter of practical reality the design will be inexorably and intimately related to the product. The separable analysis, while useful to distinguish the actual design sought to be ornamented, cannot denigrate from the fact that the design, is meant for a specified article, and hence the protection affordable to it is intricately connected to the factum of it being embodied in an article. The Overlap Its genesis and treatment The Indian Copyright Act provides for exclusion of designs which are registrable under the Designs Act. S. 15 excludes the application of the Act to all designs registered under the Designs Act and S 15(2) states that: (2) Copyright in any design, which is capable of being registered under the Designs Act, 1911, but which has not been so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the owner of the copyright or, with his license, by any other person. The overlap between copyright and design protection which has caused so much confusion is intricately connected to the very nature of the rights afforded under each. The 1911 Act in the UK provided that all designs capable of being registered would be deprived of copyright. A design capable of registration, continued to have copyright protection, until the article using the design had been reproduced more than fifty times by an industrial purpose, at which point, only the protection affordable under the Registered Designs Act was applicable. However, this did include prints, which could not, rationally be said to not constitute an artistic work and hence, case law had to specify that the exclusionary clause did not include artistic works and prints. S. 52 of the CDPA, reproducing this notion is indicative of the tendency of the law to determine extent of protection based on whether or not the design was to be mass produced in a class of articles. It has also caused considerable confusion, especially with respect to whether, if an artistic design, meant solely as such, and hence eligible for copyright protection, but later reproduced in an article, would suffer the exclusions, or whether, its objective elements rendering it capable of being used in an article would bring it under the rubric of the exclusion. The scope of the design to be mass produced thus, played a great role in determining what protection it become eligible for, whether copyright or design, the latter more alike to patent protection. The point at which an object became ‘commercialised’, and part of industry, the terms and nature of intellectual property accorded to it changes. The main rationale of this exclusion was to limit the protection afforded under the copyrights subsisting in the design to the exact period of time design registration would have subsisted, and only those rights. A comparison of this development of the law with the law of patent reveals a similarity. While copyright subsisting in literary or artistic works, where the form of expression is sought to be protected for a term of life plus 50 years, articles which have utility attached to them, such as patentable innovations, receive protection for a shorter time limit, since the functional aspect of the article requires that monopolistic privileges be removed as soon as possible. In the development of design law therefore, a trend can be noticed. As long as a design was just that, an expression, copyright protection existed. Its materialization in a functional article created by an industrial process, reduced the term of monopolistic privileges granted to its creator. Thus, even if the protection was to the artistic design, its relation to the product cannot be divorced. A compromise The controversy surrounding the overlap between copyright and design protection and the issues within it stem from a basic confusion of the objectives behind both types of laws. Copyright law seeks to achieve the double objective of widest possible production and dissemination of original creative works and at the same time, allow others to draw on these works in their own creative and educational activities, through a scheme of carefully balanced property rights that still manages to give the authors and producers sufficient inducements to produce such work. The balance that copyright law seeks to achieve is based on a judgment about social benefit. To give greater property rights than are needed to obtain the desired quantity and quality of works would impose costs on users without any countervailing benefit to society. Concurrently, allowing one form of protection to expire, only for the article to claim protection under another regime would be a colourable devise to achieve the same object, a roundabout way to receive more protection that intended. It is for that reason that designs have to be clearly excluded from copyright law and the utilitarian theory seeks a middle ground between absolute ownership of intellectual property and none whatsoever. Over Protection or Under Protection? The duality of art hypothesis that ornamental designs were normally ineligible for copyright protection because their dependence on useful articles made them primarily objects of commerce and deprived them of the independent existence deemed a basic attribute of true works of art. The distinctive philosophy of protection that characterizes copyright traditionally protected only art, where the sole purpose of the art was its aesthetic value and was extended only gradually, and against considerable opposition, to ‘works of art applied to industry.’ The separation of ‘beauty’ from ‘utility’ was opposed on the ground that art remained art even when applied to useful objects. But the fundamental object of the design being economic aims, it only came into its own when the industrial revolution had made it possible to reproduce useful articles in series and which then assumed the eminently practical task of increasing sales of goods on the general prod ucts market. The industrial design is often seen as an analogue of the utility patent owing to its effects on commerce, and its legal status has been influenced to a certain degree by the characteristic principles of industrial property law. The very insistence on the seperability doctrine to afford protection to the design, reveals the importance of the utilitarian aspects in the paradigm of design law despite the repeated attempts to focus on the separable, aesthetic aspects of it. The consequence of this ‘functional’ aspect of industrial articles qualifying for industrial design protection is the limited term of protection afforded to it. No modern designer ignores the function of the article he shapes. Since the chief objective of those designs is industrial and commercial exploitation, the chief characteristic of designs and models, makes the Copyright Law hard to apply. The parallel tracks of design law and patent law cannot be avoided. The Copyright office of the U.S, until 1949, refused to give copyright protection to three dimensional shapes because it would come within the category of multiple commercial productions of applied arts, which, they held was only eligible for patent protection and resorting to the less stringent requirements of copyright went against that. The flexible treatment to improvements under patent law is not afforded to designs, and hence, the scope of innovation is restricted. Narrow scope of protection is necessary to avoid protecting style trends of which the protected design is a part. The indefinable relation between the art and its application means that copyright protection will end up removing much more than the expression, and also some forms of its application, which upsets the traditional bargain in intellectual property law. The Economic Ripple Traditionally, the right to copyright protection is premised on a claim that certain industrial designs are entitled to legal recognition as art in the historical sense. The economic repercussions of such recognition flow principally from the industrial character of the material support in which ornamental designs are embodied. The incidence of these repercussions upon any given system varies with the extent to which the claim to recognition as art is itself given effect. As copyright protection for designs of useful articles expands, the economic effects of this expansion on the general products market are counterproductive. This is just one of the effects. In general, overprotection results from the progressive monopolization of ever smaller aggregates of inventive activity, which elevate social costs in return for no clearly equilibrated social benefits. But the rescue of artistic of designs from the exigencies of patent law, were now converting copyright law into a de facto industrial property law without the characteristic safeguards of the industrial property paradigm. A significant effect of awarding copyright protection thus is the economic effect. An analogy from the law of patent proves this point. Patent doctrines such as the rule of blocking patents and the reverse doctrine of equivalents offer some protection to the developers of significant or radical improvements who can thereby allocate gains from their invention. Copyright doctrine however, extends to cover any â€Å"copy† or adaptation or alteration of the original that is nonetheless â€Å"substantially similar† to the original work. An important difference between copyright and registered designs is that the latter can be enforced against a third party who has not copied the proprietors design. The exclusive right conferred for designs was in the nature of a monopoly right, which means that it was infringed by another party who employed that design or one not substantially different from it, regardless of whether that other party copied from the owner or created his own registered design independently. The right is thus fundamentally different from unregistered design right and copyright for both of which copying is an essential ingredient for infringement. The fair – use exception which arises when a person uses copyrighted expression in a way that the law deems to be fair is indeterminate, and this characteristic of design law makes it even more difficult to apply it. Dynamic societies need small improvements and massive breakthroughs in art and technology to prosper. Yet it is difficult to develop incentives that can spur the less dramatic type of creativity without imposing crippling costs. For instance, subtle innovations usually generate small benefits that are exceeded even by the mere cost of administering a property rule. In addition, the margin of error for protecting these improvements is slim because their life span is so short. Esthetic designs and other marginal improvements, by contrast, have an optimal term of only a matter of months and a mistake that gives an additional six months of protection to designs creates a much greater distortion in the incentives for developing commercial art which is not the case in copyright. Conclusion The availability of overlapping intellectual property protection in all of its forms presents a serious threat to the goals and purposes of federal intellectual property policy and must be addressed as a single issue. The 1842 act, instead of re defining designs to prevent overlap, the definition was left broad but was subject to an express exclusion of all designs covered by the other Acts thereby necessitating interpretation of two acts, set a pattern carried through to the present day. The true scope and effectiveness of design law will depend on the extent to which the scope of protection it affords which is undermined by the concurrent availability of copyright protection for industrial art. If a country makes it easy for industrial art to qualify for copyright protection as applied art, designers will have less incentive to make use of a special design law and design protection will increasingly be characterized by the copyright approach, the harmful effects of which have been proved. Design laws, therefore, have to be structured so that obtaining copyright protection is difficult and most designs fall within their jurisdictional sweep. The legal history of industrial art in the twentieth century is an effort to establish special regimes of design protection without unduly derogating from the general principles of copyright law and laws should be structured that way. One should not forget that this theory was spawned by a false conflict between art and industry. By fighting for the artistic value of a shape, one has supposedly justified drawing into the orbit of copyright law a body of intellectual products that bear only an apparent resemblance to the creations covered by this regime. The evidence is persuasive that the costs of a property right outweigh the benefits. That judgment is reinforced by the observation that, notwithstanding the lack of protection afforded to commercial art, consumers already have an incredibly diverse selection of product designs from which to choose. The difficulties of interpretation caused by exclusions to exclusions to exclusion seem to be endemic to industrial design law, and the problem of overlap therefore has to be treated differently. Bibliography Books: P. Goldstein, Copyright (2nd edn., Vol 1.New York: Aspen Law and Business 2002). S. P. Ladas, Patents, Trademarks and Related Rights: National and International Protection (Harvard: Harvard University Press 1975). Laddie, Prescott, Vitoria, The Modern Law of Copyrights and Designs (3rd ed., Vol. 2, London: Butterworths 2000). B. L. Wadhera, Law Relating to Patents, Trademarks, Copyright, Designs and Geographical Indications (New Delhi: Universal Publishing Co. Pvt. Ltd 2004) M. Howe, Q.C, Russell, Clarke and Howe on Industrial Designs (7th edn., London: Sweet and Maxwell 2005). Articles: V.R. Moffat, â€Å"Mutant Copyrights and Backdoor Patents: The Problem of Overlapping Intellectual Protection† 19 Berkeley Technology Law Journal 1473 (2004). The article deals in great detail about the problems of overlapping intellectual property right protection. Beginning with an analysis of the process involved in affording protection to any intellectual property, the article describes the bargain that is struck between the society and the inventor / creator, for the better good of all, since providing protection incentivizes and after a certain period of time, the invention / creation is required to be relegated to public use in return for the subsisting monopoly. The article then describes how the problem of overlapping protection, how it is more be accretion rather than by design, helped along by the judiciary, the insidious influence of ever increasing demands, and goes on to characterize the problem of overlap, and suggests ways to stop it. P.K Schalestock, â€Å"Forms of Redress for Design Piracy: How Victims can use existing Copyright Law† 21 Seattle University Law Review 113 (1997). The article looks at the various forms of protection available to the designers of clothes, since the current framework of copyright laws in the U.S, outlaws all forms of protection for useful articles. The design of clothes could only be protectable so far as that design was seperable from the functional aspect of clothes, which, as the author proceeds to argue is an impossible task since clothese were inherently meant to be useful but the cut, shape and colour greatly contributed to its value as well. The author, reviewing design piracy in the clothing industry, explains how the advancement of technology has made this all the more worse. He points out how the existing framework fails to provide a remedy, and then provides suggestions and remedies whereby this lacunae in the law could be remedied. M.C. Broaddus, â€Å"Designers Should Strive to Create ‘Useless’ Products: Using the Useful Article Doctrine to Avoid Separability Analysis† 51 South Texas Law Review 493 (2009). The article deals in detail with the irony of the inability of intellectual property law to afford protection to useful articles. It deals in detail with the evolution of the separability doctrine, its variants, and the judicial treatment of the same. It starts with a brief description of the history of the development of the law of industrial designs, the lacunae that existed previously due to the refusal of copyright law to recognize the applied art in industrial articles, and the need for protection of the art in those articles nevertheless. It discusses cases in which the separability has been in question and shows how, judicial discretion in having to make this distinction is actually leading to the judiciary making decisions about what constitutes art and what does not. Hence, the article suggests some differential means of analysis to avoid this confusion. A. Muhlstein, M.A. Wilkinson. â€Å"Whither Industrial Design† 14 Intellectual Property Journal 1 (2000). A seminal article on the development of the law of industrial designs, it provides a thorough overview of the genesis of the law, problems faced in its historical development and its current status. It situates the problem of overlap in the historical context and demonstrates linkages. The article does a comprehensive study of the current legal systems in place to protect industrial designs, identifies the elements within them and situates them in the larger paradigm of intellectual property law to understand the origin of the rights better. It also briefly survey the international framework in place to deal with industrial designs, the compromises sought to be reached and the harmonizing measures so far undertaken to afford protection to industrial designs. Dr. Ramesh, â€Å"Registration of Designs: Need a Fresh Look† 32(1&2) Indian Bar Review, 83 (2005). The article does a brief review of the need to protect industrial designs, about the intrinsic value of a useful good which also looks attractive and appealing and the economic benefits to be derived from it. It gives a historical perspective of the development of design law and the requirements of the law as it currently stands. It gives a short description of the application procedure, and then, by drawing a linkage between the objective of the law and the rights given it reviews the remedies for infringement and analyses whether they are adequate or not. It also points out some flaws in the existing design protection framework in India and makes a very good argument for such flaws to be corrected. S.H.S. Leong, â€Å"Protection of Industrial Designs as Intellectual Property Rights† Journal of Business Law 239,243 (2003). The article essentially deals with the development of the law of industrial designs in Singapore, and it does this by comparison with the English Law. It gives a short description of the transitory changes from the 1842 Act to the 1911 Act, then from the 1956 Act to the 1976 Act in Copyright, and demonstrates how needs of the particular time resulted in the changes embodied in these different laws. It also talks about the necessity of laws like the Unregistered Designs Act, Community Designs Act etc, as available in Europe, so that designs which are not judged to be ‘aesthetically appealing’ but which nevertheless contribute to the value of the product, are protected. It discusses the possibility of shapes being protected under trademark law and patent law, and concludes that a separate law to deal with designs is very necessary. E. Setliff, â€Å"Copyright and Industrial Design: An â€Å"Alternative Designs Alternative† 30 Columbia Journal of Law and the Arts 49 (2006). The article, by a brief review of the historical development, points out how crucial the separability doctrine has become, due to the traditional reluctance of Court to recignise applied art as having artistic value. The article argues vehemently at such an assumption. It argues that industrial design actually embodies aesthetic expression to a much greater extent than function. Although its primary purpose might have been to make the products of industry more commercially successful by changing, and even disguising, their aesthetic appearance, its artistic value cannot be denigrated from. It critics some of the literature thus far which celebrates the lower quality of the work in designs, and explains why the separability of the design has become problematic specially because it depends on the court’s subjective notion of what constitutes â€Å"art† who go by traditional choices and the author demonstrates the dangers of this approach. G. Scanlan, S. Gale, â€Å"Industrial Design and the Design Directive: Continuing and Future Problems in Design† Journal of Business Law 91 (2005). This article examines the impact of the overhaul of EC industrial design law on English intellectual property law. It starts out by considering the policy behind the Council Directive. It traces all laws relating to protection of industrial designs in the European context and reviews as to how the directive changes it. It reviews changes to the definition of design, the requirements for novelty and individual character, the relationship between copyright, registered and unregistered designs, the differing treatment of works of artistic craftsmanship and artistic works per se, the treatment of applied designs and the abolition of the compulsory licence regime. On the whole, although the directive, in achieving its stated purpose of harmonizing laws, was forced to be selective in its changes, it nevertheless has a much desired effect. J.H. Reichman, â€Å"Design Protection in Domestic and Foreign Copyright Law: From the Berne Revision of 1948 to the Copyright Act of 1976† Duke Law Journal 1143 (1983). This article attempts to study the complex interactions of the different branches of intellectual property law that seek to regulate the degree of protection to be accorded ornamental designs of useful articles. A circular pattern, the article argues, can be discerned in the treatment of these designs in both foreign and domestic law. The tendency of industrial property law to breed still further instances of underprotection or overprotection then fosters renewed pressures for the regulation of industrial art within the framework of the laws governing literary and artistic property. It uses an extremely detailed analysis of the law in the U.S.A to explain the disjunct. The article also compares the tradition of protection of industrial designs in France, German, the Beneleux countries, and provides a thorough overview of the variety of doctrines that have had a role to play in the current state of law relating to designs. It also, looks at policy objectives, the commercial features of the current legal status, some amendments proposed and the effect of those amendments as well. Umbreit, â€Å"A Consideration of Copyright† 87 University of Pennsylvania Law Review 932 (1939) A foundational work on the development of copyright law, the article gives a very detailed analysis of the components of the protection afforded by copyright, and what works would necessarily qualify for the protection. It focuses extensively on the idea / expression dichotomy in the law of copyright and demonstrates how this demarcates the boundary of copyright protection. The elements of copyright, as described in this article, is highly demanding of the qualities of originality and creativity, and it traces the link from the policy objectives of affording any kind of protection to such artistic work at all, to the categories of creative work considered generally to be within its scope. C. Thompson, â€Å"Not such a Crafty Corkscrew? Sheldon v. Metrokane and the Status of ‘Industrial Designs’ as Works of Artistic Craftsmanship Under Australian law† 26(12) European Intellectual Property Rights Review 548 (2004). A case comment on Sheldon v Metrokane, the article gives a definitive analysis of the exact link between the utilitarian aspects and the design aspects of an article. While the protection is sought to be afforded to the design aspects alone, how this conceptual separability was treated in Sheldon was reviewed. The article also cited some interpretations of the case, which, it viewed as misplaces and suggested a differing analysis of the opinion. S.W. Ackerman, â€Å"Protection of the Design of Useful Articles: Current Inadequacies and Proposes Solutions† 11 Hofstra Lew Review 1043 (1983). It illuminates the policies underlying copyright law, and argues that protection should be extended to the design of useful articles. It contrasts the extent of protection provided by the copyright system with that of the patent system and by a comparison of the amount of effort required on the part of the inventor / author to trigger the protection, conludes that such protection is hardly sufficient. The design of useful articles seems to fall in between these systems, and hence is left largely unprotected.It surveys case law, the danger of judicial discretion and suggests a hybrid theory of patent and copyright to protect designs sufficiently and justifiably which encourage the creation of designs by providing rights to protect against commercial exploitation but not extending those rights to the utilitarian features of the protected article. J.C. Kromer, â€Å"Claiming Intellectual Property† 76 University of Chicago Law Review 719 (2009). The article explores the claiming systems of patent and copyright law with a view to how they affect innovation. The object of this article is to trace the law relating to improvements, in juxtaposition with the stated objective of law of intellectual property rights to achieve the maximum social good. The article approaches the subject from the inventor’s perspective and examines whether the current system of protection of improvements in speech is fair. While patent requires patentees to articulate by the time of the patent grant their invention’s bounds, thus effectively allowing all improvements not within such bounds, copyright law only requires the articulation of a prototypical member of the set of protected works. The law relating to improvements in designs also, follows a similar pattern. All substantially similar works, therefore, could be held as infringement. Copyright therefore, allows far less improvement and deviation from the protected product as allowable than patent, where, anything outside the specified bounds was allowable. J.P. Mikkus, â€Å"Of Industrious Authors and Artful Inventors: Industrial Works and Software at the Frontier of Copyright and Patent Law† 18 Intellectual Property Journal 174 (2004). The article first examines the protection granted by copyright law for functional works typically found in an industrial environment. The article then explores the challenges of copyright protection for the non – literal aspects of computer software and problems faced by inventors and software developers when obtaining patent protection in relation to software. The article criticizes current status of law relating to copyright and patents, in that creative work related to industrial purposes does not get adequate protection in either of the regimes since they show limited openness to intangible products of industry. The critique thus, necessarily involves analysis of the level of originality that an invention / work is required to possess to qualify for protection and exposes anomalies in that regard. W. M. Landes, R. A. Posner, â€Å"Indefinitely Renewable Copyright† 70 University of Chicago Law Review 471 (2003). The article examines the economic rationale of limiting copyright and patents. While the nature of patents is such that the expiration of the rights is a necessary evil to increase the social good, copyright, the article argues, should be afforded for an even longer period of time in the absence of any strong reason not to. In this context the article makes a difference between perpetual copyright and indefinitely renewable copyright. Although the latter concept could turn into the former under very specialized conditions, the article argues that the resulting benefit accruing to the author / artist is much greater than societal loss, and attempts to prove this hypothesis by some statistical evaluations. It points out that works in the ‘public domain’ do not always get negatively affected when copyright protection is expanded, since the greater incentive would spur further creativity. T. Scassa, â€Å"Originality and Utilitarian Works: The Uneasy Relationship between Copyright Law and Unfair Competition† 1 University of Ottawa Technology Law Journal 51 (2004). This article deals with the problem of protection afforded to utilitarian, creative works from a competition perspective. It examines the concept of â€Å"originality† in light of the shifting purposes of copyright law and of the historical relationship of utilitarian works to copyright law. It emphasizes on the overwhelming role that then judiciary in Canada has played in allowing copyright protection for utilitarian works, and this has resulted in a constant swing in the status of the law. It argues that, protecting utilitarian works by copyright has reusled in a loweing of the originality creativity threshold in copyright, which in turn has changed the character of copyright law in some instances and hence creates competition distortions. The problem the article argues, lies in the tension between copyright and unfair competition, primarily in relation to utilitarian works and this results in counterproductive pressures. P. Borderland, â€Å"Where Copyright and Design Patent Meet† 52 Michigan Law Review 33, 43 (1953). This article deals with the fundamental conflict that the protection of industrial artistic design embodies in the paradigm of the law of intellectual property rights. It points out that copyright and patent are basically supposed to protect very different things.The concept of industrial designs, thus, creates an overlap leading to a borderland issue between copyright and patent areas. The paper explores the issues within this boundary confusion, giving attention to the policy considerations involved and attempts to give suggestions towards drawing a sharper boundary between the two. The article theorises that in such a hypothesis, designs would fall more into the realm of patent than copyright, although having unmistakable copyright features. J.H. Reichman, â€Å"Legal Hybrids between the Copyright and Patent Paradigms† 94 Columbia Law Review 2432 (1994) A detailed and comprehensive review of the development of law of intellectual property, the article describes the bargain that is truck in both patent and copyright paradigms and the delicate balancing of interests sought to be achieved. It uses the Paris and Berne Conventions as a starting point, and, working backwards from there demarcates the area of copyright and patent laws. The most prevalent of the hybrids between the two is the existence of commercial designs, and by a thorough analysis of the objectives of law of intellectual property rights, the rights that can be afforded to be protected, concludes that design protection does not fall seamlessly into the copyright paradigm. In this context, it also talks about the law relating to improvements, the necessity of the law, problems facing it and possible solutions. P.J. Saidman, â€Å"The Crisis in the Law of Designs† 89 Journal of the Patent and Trademark Office Society 301 (2007). The article does a very thorough analysis of the functionality doctrine which has led to so much confusion. Firstly, it attempts to dispel some misconceptions, such as the allegation that artistry must necessarily be useless to qualify for copyright protection. Commenting on the lacunae in the current structure of design laws, the article states that the judicial trends in determining whether or not the functionality and separability test are fulfilled has resulted in the meager forms of protection available to industrial designs weaker than ever. The article suggests that the judicial principle currently in existence in the U.S are flawed, operating upon a narrow understanding of copyright law, and by a comparison with the European system, advocates that the system be employed in the U.S as well. M.A. Lemley â€Å"The Economics of Improvement in Intellectual Property Law† 79 Texas Law Review 989 (1997). This article deals with the crisis in intellectual property law of attempting to protect improvements while discouraging imitation. The law must distinguish between improvement, a necessary part of innovation, and generally to be encouraged, and imitation, which is generally considered both illegal and even immoral. This distinction, the article points out, is not easy to make, but it is critical to achieving the proper balance of intellectual property rights. Allowing too much imitation will stifle the incentives for development and commercialization of new products. Discouraging improvements on the other hand will freeze development at the first generation of products. The article carries out a thorough economic analysis of the issues involved, and proposes alternative models to make the boundary between imitation and improvement clearer and leave less to the discretion of the courts. N. Snow, â€Å"Proving Fair Use as a Burden of Speech† 31 Cardozo Law Review 1781 (2010). The article deals with the fair use exception in copyright law. It traces the origin of the exception in copyright law, and explains the problems that the flexible doctrine is fraught with. Through a detailed analysis of case law, the article points out the extent of judicial discretion that the doctrine allows. The article evaluates the fair use exception in the context of free speech, and argues that the current judicial trend of requiring defendants to prove that they had used material which were not protected in their expres sion is chilling free speech. G.N. Magliocca, â€Å"Ornamental Design and Incremental Innovation† 86 Marquette Law Review 845 (2003). This article makes an interesting study of the origin and development of design protection law, it analyses the reasons for its slow advancement, the initial reluctance, the controversies and borderline issues that has surrounded the law. Commercial artistry, thus, was more of a problem than it was worth, leading to its neglect for nearly 200 years. The article provides an overview of the political scenario which also created difficulties, deeming designs to be part of the public domain. This Article concludes that there are sound public policy reasons against extending a property right to most commercial art and explores other ways to promote design innovation and since commercial designs occupy a unique position in the law sitting at the confluence of patent, copyright, and trademark doctrine, the article suggests that an ideal solution would require a revamping of the entire existing structure going towards a unified picture of intellectual property law. It also concludes that the economic costs with giving more protection to designs far outweighed the benefits. Table of Cases English Cases Dastar Corp. v. Twentieth Century Fox Film Corp The plaintiff sought trademark protection for its World War II video series that had been, but was no longer, protected by a copyright. The Court denied the trademark claim, in part because allowing trademark protection in this case would conflict with copyright law, creating a species of perpetual copyright. The Court termed this perpetual protection a â€Å"mutant† copyright and held that to permit trademark protection following the expiration of a copyright would infringe upon the public’s â€Å"right to copy† an expired copyright. The Court made an analysis of the bargain that is involved in the protection of any intellectual property right and held that allowing such mutation from one form of intellectual property protection to another would completely defeat the very purpose of the bargain and become counterproductive. Millar v. Taylor 98 Eng, Rep. 201, 4 Burr. 2303 (K.B. 1769). This was one of the first judgments concerning copyright in the history of English law. It concerned infringement of the copyright on James Thomson’s poem, â€Å"The Seasons† by Robert Taylor, and the booksellers won a favorable judgment. The judgment is significant for its recognition of property rights in a literary work for the first time. Sheldon and Hammond Pty Ltd v. Metrokane Inc [2004] F.C.A. 19. After the expiry of Le Creuset’s patent for a lever-action corkscrew, Metrokane engaged a designer to design a new corkscrew with the mechanics of le creuset but with greater aesthetic appeal, and beauty resulting in the rabbit corkscrew. The case involved a challenge of copyright infringement of Metrokane’s modified model,which they alleges was artistic craftsmanship for which drawings existed. The case is significant for its ruling that, even though some beauty was added to the corkscrew by fashioning a new encasement, the primary purpose remained commercial and hence protection could not be obtained. Only the encasement was attractive, and although conceptually separable, the good relied on the mechanism which was in the public domain. Copyright protection to the entire corkscrew, was therefore, denied, since the encasement alone did not qualify for protection due to the design copyright overlap. Kieselstein-Cord v. Accessories by Pearl, Inc. 632 F.2d 989 (2d Cir. 1980). A jewelry designer obtained copyright registrations for a line of decorative belt buckles inspired by artistic works. The designs became successful and were eventually copied by another company.The designer sued for copyright infringement and the company countered with the argument that the belt buckles were not appropriate copyrightable subject matter because they were useful articles. The Court used the separability doctrine to award in favour of the plaintiff. It came up with the novel concept of focusing its analysis on the â€Å"primary† and â€Å"subsidiary† portions of the useful articles and held that since they were conceptually separable, in that the primary ornamental aspect of the buckles is conceptually separable from their subsidiary utilitarian function, it was entitled to protection. PHG Technologies, LLC, v. St. John Companies 459 F.Supp.2d 640 (2006). At issue in this case were design patents claiming an ornamental design for a label pattern for a medical label sheet. The Court replaced its own prior test for functionality with a new one which requires a court to assess the utility of the proffered alternative designs and determine whether the chosen design best achieves the functional aspects of the article. If it does, then presumably the design choice was made for functional reasons, and any resulting design patent is invalid. In other words, the designer is penalized in the event that their best design choice also happens to lend itself to even marginally increased utility over the design alternatives. The final verdict went againt the plaintiffs in this analysis. Indian cases Samsonite Corporation v. Vijay Sales 73 (1998) DLT 732. The case concerned the alleged infringement of the plaintiff’s design rights in suitcases. The plaintiff alleged that one series of suitcases had been specially designed and surface embellishment chosen for the System 4 Range. The plaintiff’s claimed copyright in the drawings and said that the defendant, stocking a similar type of suitcase from VIP, had infringed upon the copyright and had indulged in the tort of passing off. The court however, first ruled that if any intellectual property subsisted in the cases, it was in the nature of a design right, taking note of S. 15 of the Copyright Act. Secondly, the Court held, enough identifying factors had been used with the series for a normal public acquainted with two famous brands to be impressed by the difference, and hence passing off could not also be claimed. Microfirms Inc. v. Girdhar and and Co and Ors 128 (2006) DLT 238 The plaintiff in this case claimed copyright infringement in respect of designs on the upholstery manufactured and marketed by the plaintiff. An allegation of copying and of passing off was also made. The court rules that, a requirement of registration under the deigns act did not preclude the protection of copyright. If design law was not applicable, civil remedies through copyright would still be available normally. But in this case, since the design’s attractiveness derives from the article in which it is embodied, copyright protection could not be afforded, and S 15 of the Copyright Act expressly delegated designs capable of registration to the area of the design act. Hence, the claims could not stand, since no copyright subsisted. AGA Medical Corporation v. Mr. Faisal Kapadi and Anr 103 (2003) DLT 321. The plaintiff in this case was a pioneer in trans cathartic technologies. Several drawings made for the manufacture of some cathartic devices were registered under copyright in the U.S. The defendant here was alleged to have attempted passing off, and releasing brochures depicting the exact same product using the exact same shape. The Court ruled against the plaintiffs, finding that even if copyright did subsist in the drawings, the minute they were converted into three dimensional products they lost that right by virtue of S. 15 of the copyright Act. The difference between two dimensional and three dimensional reproduction was elaborated on, and the Court gave a very definitive analysis of S. 15(2) and rules that the plaintiff did not have copyright in the drawings, and since the three dimensional objects could not be said to completely copy the plaintiff’s production, no right was infringed. ——————————————– [ 2 ]. P. Goldstein, Copyright 1:35 (2nd edn., Vol 1.New York: Aspen Law and Business 2002). [ 3 ]. Ibid at 1:44. [ 4 ]. V.R. Moffat, â€Å"Mutant Copyrights and Backdoor Patents: The Problem of Overlapping Intellectual Protection† 19 Berkeley Technology Law Journal 1473, 1474 (2004). [ 5 ]. Millar v. Taylor 98 Eng, Rep. 201, 4 Burr. 2303 (K.B. 1769). [ 6 ]. Supra note 1 at 1:10. [ 7 ]. P.K. Schalestock, â€Å"Forms of Redress for Design Piracy: How Victims can Use Existing Copyright Law† 21 Seattle University Law Review 113, 117 (1997). [ 8 ]. M.C. Broaddus, â€Å"Designers Should Strive to Create ‘Useless’ Products: Using the Useful Article Doctrine to Avoid Separability Analysis† 51 South Texas Law Review 493, 494 (2009). [ 9 ]. S. P. Ladas, Patents, Trademarks and Related Rights: National and International Protection 828 – 35 (Harvard: Harvard University Press 1975). [ 10 ]. A. Muhlstein, M.A. Wilkinson. â€Å"Whither Industrial Design† 14 Intellectual Property Journal 1, 10 (2000). [ 11 ]. Ibid at 11. [ 12 ]. 35 U.S.C.  § 171 (1976). [ 13 ]. First copyright act passed in 1709, and in 1787, the first designs act which was passed aimed to give very little copyright protection to those engaged in the arts of designing clothes and those who designed or procured new and original designs for these types of goods obtained the sole right of reprinting them for two months. The protection of designs was considered to be a part of copyright. [ 14 ]. Dr. Ramesh, â€Å"Registration of Designs: Need a Fresh Look† 32(1&2) Indian Bar Review, 83, 85 (2005). [ 15 ]. The designs covered during the historical development of the law of designs were of three types: Pattern or print to be worked on or worked into a tissue or textile fabric, modeling, casting, embossment, chasing, engraving or any other kind of impression or ornament, shape or configuration of any article of manufacture. Design law therefore, sought to protect both shapes and surface decoration. [ 16 ]. E. Setliff, â€Å"Copyright and Industrial Design: An †Å"Alternative Designs Alternative† 30 Columbia Journal of Law and the Arts 49, 61 (2006). [ 17 ]. S.W. Ackerman, â€Å"Protection of the Design of Useful Articles: Current Inadequacies and Proposes Solutions† 11 Hofstra Lew Review 1043, 1061 (1983). [ 18 ]. S.H.S. Leong, â€Å"Protection of Industrial Designs as Intellectual Property Rights† Journal of Business Law 239,243 (2003). [ 19 ]. Supra note 16 at 1053. [ 20 ]. Supra note 9 at 18 [ 21 ]. Supra note 15 at 52. [ 22 ]. There were many who had vested interests in the system which would afford some protection for industrial designs against copyists. The result was that when the Copyright, Designs and Patents Act was passed in 1988, an attempt was made to draw a boundary between copyright and registered designs and to exclude functional designs from copyright protection, but also a new type of monopoly, design right was created. It covers functional designs and was reminiscent of the design protection for articles having some purpose of utility. [ 23 ]. Laddie, Prescott, Vitoria, The Modern Law of Copyrights and Designs 1891 (3rd ed., Vol. 2, London: Butterworths 2000). [ 24 ]. Mazer v. Stein, 347 U.S. 201 (1954) [ 25 ]. Supra note 6 at 117. [ 26 ]. G. Scanlan, S. Gale, â€Å"Industrial Design and the Design Directive: Continuing and Future Problems in Design† Journal of Business Law 91,97 (2005). [ 27 ]. J.H. Reichman, â€Å"Design Protection in Domestic and Foreign Copyright Law: From the Berne Revision of 1948 to the Copyright Act of 1976† Duke Law Journal 1143, 1181 (1983) [ 28 ]. K.B. Umbreit, â€Å"A Consideration of Copyright† 87 University of Pennsylvania Law Review 932, 933 (1939); [ 29 ]. Supra note 26 at 1177. [ 30 ]. PHG Technologies, LLC, v. St. John Companies 459 F.Supp.2d 640 (2006). [ 31 ]. 21 Fed. Reg. 6024 (1956) repealed, 43 Fed. Reg. 966 (1978), 37 C.F.R. 966 (1978) [ 32 ]. C. Thompson, â€Å"Not such a Crafty Corkscrew? Sheldon v. Metrokane and the Status of ‘Industrial Designs’ as Works of Artistic Craftsmanship Under Australian law† 26(12) European Intellectual Property Rights Review 548, 554 (2004). [ 33 ]. Sheldon and Hammond Pty Ltd v. Metrokane Inc [2004] F.C.A. 19. [ 34 ]. Kieselstein-Cord v. Accessories by Pearl, Inc. 632 F.2d 989 (2d Cir. 1980). [ 35 ]. Supra note 25 at 94. [ 36 ]. S 22(1) provided that when a design was registered, it would not be an infringement of the corresponding copyright to do anything which was an infringement of the design registration, or, after it expired, would have been if it had not expired. [ 37 ]. B. L. Wadhera, Law Relating to Patents, Trademarks, Copyright, Designs and Geographical Indications 491 (New Delhi: Universal Publishing Co. Pvt. Ltd 2004). [ 38 ]. Supra note 22 at 1910. [ 39 ]. M. Howe, Q.C, Russell, Clarke and Howe on Industrial Designs 238 (7th edn., London: Sweet and Maxwell 2005). AGA Medical Corporation v. Mr. Faisal Kapadi and Anr 103 (2003) DLT 321. [ 40 ]. Supra note 16 at 1044: Microfirms Inc. v. Girdhar and and Co and Ors 128 (2006) DLT238 [ 41 ]. Supra note 38 at 259. [ 42 ]. J.C. Kromer, â€Å"Claiming Intellectual Property† 76 University of Chicago Law Review 719, 731 (2009). [ 43 ]. J.P. Mikkus, â€Å"Of Industrious Authors and Artful Inventors: Industrial Works and Software at the Frontier of Copyright and Patent Law† 18 Intellectual Property Journal 174, 194 (2004). [ 44 ]. Copyright law presupposes that, absent subsidies, creators will invest time and resources only if assured of property rights that will enable them to control and profit from it, but it also recognizes that creative efforts necessarily build on the creative efforts which precede them, and hence must be allowed to draw on copyrighted works for inspiration and education. [ 45 ]. Supra note 1 at 1:40. [ 46 ]. Dastar Corp. v. Twentieth Century Fox Film Corp 539 U.S. 23 (2003). [ 47 ]. W. M. Landes, R. A. Posner, â€Å"Indefinitely Renewable Copyright† 70 University of Chicago Law Review 471, 475-76 (2003). [ 48 ]. T. Scassa, â€Å"Originality and Utilitarian Works: The Uneasy Relationship between Copyright Law and Unfair Competition† 1 University of Ottawa Technology Law Journal 51, 60 (2004). [ 49 ]. Supra note 8 at 37. [ 50 ]. Supra note 27 at 935. [ 51 ]. Supra note 26 at 1178 [ 52 ]. Supra note 7 at 493. [ 53 ]. P. Borderland, â€Å"Where Copyright and Design Patent Meet† 52 Michigan Law Review 33, 43 (1953). [ 54 ]. J.H. Reichman, â€Å"Legal Hybrids between the Copyright and Patent Paradigms† 94 Columbia Law Review 2432, 2463 (1994): Samsonite Corporation v. Vijay Sales 73 (1998) DLT 732. [ 55 ]. Supra note 26 at 1143. [ 56 ]. Supra note 53 at 2504. [ 57 ]. Supra note 26 at 1160. [ 58 ]. Supra note 42 at 193. [ 59 ]. M.A. Lemley â€Å"The Economics of Improvement in Intellectual Property Law† 79 Texas Law Review 989,996 (1997). [ 60 ]. P.J. Saidman, â€Å"The Crisis in the Law of Designs† 89 Journal of the Patent and Trademark Office Society 301, 310 (2007). [ 61 ]. Supra note 38 at 73. [ 62 ]. N. Snow, â€Å"Proving Fair Use as a Burden of Speech† 31 Cardozo Law Review 1781, 1786 (2010). [ 63 ]. G.N. Magliocca, â€Å"Ornamental Design and Incremental Innovation† 86 Marquette Law Review 845, 848 (2003). [ 64 ]. Supra note 3 at 1476. [ 65 ]. Supra note 15 at 53. [ 66 ]. Supra note 59 at 313. [ 67 ]. Supra note 26 at 1160. [ 68 ]. Supra note 62 at 847. [ 69 ]. Supra note 38 at 270.

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The United Arab Emirates embassy in Washington D.C - Essay Example On the security front, the giant nations, the UAE and the USA, have and continue to collaborate, with their relations gaining momentum each and very give minute. To be sure, UAE is the only country in the Gulf region that has provided military assistance and cooperation to the USA forces in its five military operations, namely the Afghanistan, Libya, Somalia, Bosnia-Kosovo and the Gulf wars. In addition, the UAE and the United States support each other’s efforts in fighting terrorism and providing peace around the world, and so was the foundation for the bilateral Defense Cooperation Agreement signed in 1994, permitting the United States to base troops and their military artillery within UAE federation borders, particular, in Jebel Ali port, in Dubai, providing waters deep enough to berth the aircraft carriers of the US naval forces.UAE and the USA have also increased their partnership in the social and cultural sectors; Universities such as New York University, Boston Univers ity and other USA institutions initiating different projects in the UAE. The US healthcare institutions such as Johns Hopkins, Cleveland Clinic and May Clinic are also cutting a niche for themselves by in the UAE by exchanging ideas and/or best practices in health care services. The UAE was but among the countries that come in handy with to support the victims and reconstruct the damages caused by Hurricane Katrina in 2011, and indeed help rebuild Joplin school in Missouri and provide new laptops to the affected students.

Discussions Essay Example | Topics and Well Written Essays - 500 words - 13

Discussions - Essay Example This is because the power of choices is in their versatility, and it enables the investor to adjust their position as per the prevailing situation or circumstances. However, this versatility has its cost and, therefore, the investors should assess this extra cost based on their knowledge and skills. Options also involve a risk which is not suitable for all investors. One should, therefore, be in a position to evaluate the risk associated and develop measures for managing such risks. Being ignorant of such risks will place the investor in a weak position. Stock options are the agreement between two parties to sell or buy an asset. It is the contract that gives one party the right. It does not give the responsibility to buy or sell an asset in the future at a pre-set price known as the strike price or exercise price (Fabozzi, 2008). There are two types of options; call option and put option. Call option is the financial contract that gives the buyer the right but, not the obligation to acquire a given number of assets in the future at a predetermined price. On the other hand, put option gives the right but not obligation to sell a specific number of underlying securities at some future date (Fabozzi, 2008). It is essential to review the proforma quantification in the footnotes periodically in order to access more information concerning the options. Even though the expense is expected not to persist, it changes as the situation changes and as investors, one should continually assess the information to be able to adjust the value or the cost of the option. Consumer spending theory states that, people spend their money at a level that is consistent with their expected average income. The steady average income which is long term is referred to as permanent income. Any individual will only save if his or her current income is higher than the expected permanent income (Thaller, 1981). This implies that people will only

How ICT requirements are met in an organisation Essay Example for Free

How ICT requirements are met in an organisation Essay Report B: How ICT requirements are met in an organisation Before Haden was introduced ICT, everything was done by hand. This took longer and was not a reliable method of processing information. Haden has many departments and altogether they have many computers. I am going to only analyse one of those departments because doing the whole building with the number of computers will be ridiculous. The department I will be analysing is the Fraud department. This department deals with all the people committing benefit fraud. They work with the police to get those people in court. The Fraud department found it hard to cope without computers. When the computers were introduced everything was easy. Everything needed ICT. In the Fraud department there are 45 computers. Here are the specifications of the hardware. Hardware Input devices Keyboard- There is 40 standard QWERTY keyboards and 5 ergonomic keyboards. Ergonomic keyboards are QWERTY but the layout is different. The keyboards connect by PS/2 port. Mice- There is 45 standard mice. These come as default on all the computers. The mice connect also connect through PS/2 port. Digital Cameras- These cameras are devices that can take photos or moving images (films) and transfer them on to a PC. The images are JPEG, GIF, UGA, UFO or PSO. There are a total of 4 cameras in the department. The digital cameras connect to the via USB port. Scanners- There is 2 scanners in the department and they also transfer images to the computer. They work like photocopier but can transfer the images to a PC. This device also connects through USB port. Web Cams- The web cams are used to project moving images on to the internet. Only 7 computers have these and they are only used for handling confidential documents. The web cams connect to the computers by the USB port. The web cams are used for personal use. Well, thats what I think! An input device is something that transfers raw data into a computer for it to be processed. These can include images and evidence from fraud suspects. Output devices Monitors- There is 45 monitors. 5 flat screen monitors, also know as LCD (liquid crystal display) screens and the rest are standard default monitors which are CRT (cathode ray tube) monitors. The monitors connect through the serial port. Colour printer- The colour printers are used to print documents with Hadens header on them. The colour makes it more professional. The printers connect through the LPT or parallel port. These are the main output devices. They take raw information/data and give it back to us processed. Every computer has many different specifications inside and outside. The computers are all the same so it will be easy to describe them. Below are the specifications. Compaq Deskpro 40 GB Hard drive CD/CD-RW Drive Floppy Drive Zip Drive 512 mb DDR RAM 64 mb DDR Geforce 4 graphics card Creative soundcard Ethernet Card Modem port 4 USB 2. 0 ports 2 serial ports 2 LPT/parallel ports 2 Fire wire ports 2 PS/2 ports 1 game pad port 1 Network port The hard drives are big so that a lot of data can be stored. But there is a downfall to that. It is easier for files to get lost and the file security is not great. The RAM is a ridiculously large. It seems like the computers are made to play games and not do work. This also applies for the graphics card. It also has a large card memory. Most of it is wasted because it is not being used. The department can save a lot of money they had computers which are a bit lower on the specifications. (RAM, Graphics card etc) As all the computers are same, it is easy for me to describe only one of the computers specifications because they have the same specifications like the other computers in the department. There is a large server for the department. The server is very fast and quick. Below are the server specifications. Intel Pentium 4 M 3. 0 GHz processor memory 1024 mb DDR RAM 120 GB Hard drive Tape drive CD/CD-RW Drive Floppy Drive All the computers are Compaq brand. They are reliable and safe to use. Software The computers have different software installed on their hard drives. The computers are new. They have Microsoft Office 2002 installed on their hard drive. They also have other programs like anti-virus. Microsoft Word- This is the default word processing application. It is easy to use and it has many features like recording macros and inserting pictures. Microsoft Excel- This application is installed on the system but it is not used often. It may be used to do calculations for wages and salaries. I am not very sure what it is used for in this department. Microsoft Access- This application is not used. Database- Haden have there own database. It is very complicated to use their database. It comes up as a black screen with white writing. Almost like MS-DOS on old computers. The database holds information of people that have benefits and that commit fraud. You have to be trained to use the database because it is so complicated. This is what I think are in the databases: Name, address, post code, county, age, gender, contact details, national insurance number etc. Outlook Express- Easy to use and is fast for sending and receiving information. The e-mail is not for personal use. The companies boss can other employees can read the personal e-mails. Information is not confidential so it is a great and fast method of transferring data. Internet Explorer is used to surf the web for web related fraud. The internet has a special tracking device that seeks out people using other peoples insurance numbers and other details to get money. Intranet- All the computers are linked to an intranet. The intranet is a small network that only the company personnel can enter. No one from the outside, like me, can enter the intranet. Some of the files are password protected and only those who have the password can enter. Others are common files that everyone linked to the intranet can access. All personnel have their own password. They also have a card key that is used to enter the PC otherwise they do not have access. Norton System works is an antivirus application. All the computers have this software to protect against viruses. There is however a disadvantage. There is no internet firewall. Although one will be installed soon, the security is at risk and therefore hackers can enter easily. Evidence Eliminator is an application that is used to destroy unwanted fraud evidence from the Fraud departments computers. The evidence will no longer be available for hackers. Evaluation Hadens use of ICT is excellent. They are faster now than before computers were introduced. The department of Fraud has found that using ICT is a must for them. Most of it is writing up databases. They have improved in using their own database that has outstanding security due to it being hard to use. There are several advantages and disadvantages. The main one is that the computers can get out of date and will require fixing all the time. Another disadvantage is in the Fraud computers the security is not that good. Hackers can attack it easily. The evidence eliminator application will have to be used several times because there is no firewall and hacker can attack any time. The Fraud department has to step up its security to insure that it is safe to transfer files through the networks. Overall, the organisation has improved in keeping things up to date. The security has to improve for the internet, other than that; the company is sophisticated and well improved.

Change Affecting the Current Organization

Change Affecting the Current Organization Change affecting the current organization. 1.0 Change that exists in todays economy Change is prevalent in every countrys economy and this has enabled change in the organizations method of working. In general, economy is affected by the following factors, i.e. PEST Analysis Political Economic Social Technological A PEST analysis is an investigation of the important factors that are changing which influence a business from the outside. 1.1 Political The strategic decisions of the business are strongly affected because of the development of political and legal environments. Government legislation has significant effect in todays economy. Political environment has a very tremendous effect on business operation no matter what is its size, its area of operation; whether the company is domestic, national, international, large or small. Every company has to obey the rules and regulations of the country the company is operating. Every country has its own political system. A government controls and restricts a companys activities by encouraging and offering support or by discouraging and banning or restricting its activities depending on the government. The political condition changes from time to time, and so the company has to be able to adjust with the changing environment. In general, political change means a change in government or a government policy. 1.2 Economic It comprises all the factors and sub factors related to the economy of the country, and these factors have an impact on the business activities. Some types of business are favorably affected by the government policy; some are adversely, while it is neutral in case of some. Currency exchange rates, Employment rates, Wage rates, Government economic policies, Other countries economic policies, Lending policies of financial institution, Changes from public to private ownership etc also are strong background that affect change in organizations. It is related with the change in economy such as: rise in living standard, level of demand, rise or fall in interest rates, etc. 1.3 Social Human beings are social by nature, so they want to live in a society. Socio-cultural environment includes many aspects of society and its various constituents, such as beliefs, expectations, attitudes, demographic components, and customs. Demographic trends of customers and employees have significant effect on change. Due to globalization, migration throughout the whole world is taking place, especially from Asia. Social change is related with the change in lifestyles, for example: women going out to work, changes in buying habit, men taking care of their home and children. How we behave, our gender and ethnic group, education level, the conditions and communities in which we live, are all the elements of social environment. The socio-cultural factors, such as buying and consumption pattern of people, their language, benefits and values, customs and traditions, taste and preference, education and awareness are all factors that affect the business directly. 1.4 Technological Technological factors include the inventions and techniques which affect the way of doing things. A technological change is one which involves the practical application of scientific or other new ideas in a business or industrial context. Technological change is related with the development of new ideas and interventions. Technology is the most important influence upon society, it is autonomous, and causes social change. Latest technologies like: computer, internet, telephone, ATM, is used to manage and provide access to information easily and quickly. The technological environment is changing very rapidly and to compete in this competitive world the any organization has to adopt the latest technology to survive in the market. 2.0 Evaluating the strengths and weakness of bureaucratic organizations. In general, organization is viewed as group of people working together to achieve goals. Edgar Schein (1965) defines an organization as the rational coordination of the activities of a group of people with the aim of achieving an explicit goal or purpose. An organization normally achieves its purpose through the division of labour and function and through a hierarchy of authority and responsibility. Organization could be simple or complex depending upon their purposes, size, technology or nature of activities. In 18th century, three streams of concepts, i.e. bureaucracy, administrative theory, and scientific management were developed. These concepts are popularly known as the classical concepts or classical theories of organization. Bureaucratic organization are such types of organizations which are based on efficiency, hierarchy, written rules of conduct, promotion based on achievement, and a specialised division of labour. â€Å"A system of law where leaders obtain their offices through legal procedures and the power to rule is vested in their positions rather than in themselves as individuals† (Weber, 1947). Max Weber describes an ideal approach to outline the characteristics of a fully developed bureaucratic form of organization. In general, bureaucracy has come to have a negative implication and many tended to ignore it, however, the features that characterize bureaucracy have become inevitable with the growing size and complexity in organizations, so there is need to understand and improve bureaucracy instead of ignoring it. 2.1 Strengths Some of the principle, prescriptive, normative functions that bureaucracies hold have significant impact to organizations. Whether and to what extent these positive features really obtain in an organization depends on actual practice. Some of the advantages of an ideal bureaucracy are as follows: The rules, regulations, training, specialization, and structure impart predictability and thereby ensure certainty and stability to an organization. Work is performed in accordance with organizational rules, this therefore leads to a standardised high quality product or service; rules are also used to ensure fairness and counter arbitrariness. Tasks are divided into specialised jobs, so that everyone becomes an expert in their area of work, and this results greater efficiency in the organization as employees know exactly what to do and how to do. Routine work is assigned with fixed responsibilities at various levels. Clear distinction between employers and employees with vertical communication channels and clear chain of command. Personnel structure with consistent patterns and recruitment. People are selected and promoted on the basis of merit and qualification, and this helps to increase efficiency as only the most able are selected and promoted. 2.2 Weakness Bureaucracies, particularly in large complex organizations, may have unintended consequences which are often referred to as disadvantages aspects of bureaucracy. The disadvantages of bureaucracy are as follows: Rules and regulations of bureaucracy are often rigid and inflexible encouraging status quo. It emphasizes on mechanical way of doing things, giving primacy to organizational rules and regulations rather than individuals needs and emotions. Organizational structure does not promote cooperation and participation. Organizational success (sustainability) and function of smart direction from top. The credit always goes to the top, main players are shadowed. Much paper and routine type work. 3.0 Comparing alternative forms of organizational development Todays organizations operate in a rapidly changing and competitive environment. As a result, one of the most important assets for an organization is the ability to manage change and for people to remain healthy and authentic. â€Å"Organization Development is a system-wide application of behavioural science knowledge to the planned development and reinforcement of organizational strategies, structures, and processes for improving an organizations effectiveness†, Cummings and Worley, Organization Development and Change, Sixth Edition, South-Western Publishing, 1997, p.2. (Free management library) OD involves working with the organization as a system to bring about the planned and controlled change of an organization in preferred direction, it also attempts to change the organization as a totality by changing the organizations structure, technology, people or task. It focuses on the interaction between the organization and its environment.

The Sex Selective Abortions In India

The Sex Selective Abortions In India The practice of terminating pregnancy based on the predicted sex of the baby is called Sex Selective abortion. Practice of sex selective abortion is very common is India, China, Pakistan and some other countries as well. The most common reason for the performing this act is to have male child instead of female one where their cultural norms value male child more over female child. This is about abortion, of course but its also a much larger problem: the worth of a womans life. In a culture where sons inherit properties and they carry on family name but daughters dont, more ever girls are more vulnerable to infanticide, abuse and neglect. (CHLOE, 2011). This paper presents how ethical is the abortions that are sex selective and what are the steps taken to prevent such practices. This will also focus on the beliefs of people of India. Background The incidents of female fetuses abortions are recent phenomenon due to the change and development in the medical technologies and diagnosis processes. But their roots can be traced to the female infanticide. The British rulers in India noted their experiences into their diaries during their travel to India. In 1835, one of the British officials James Thompson, while speaking to the landowners of Utter Pradesh, addressed one of them to be a son-in law of other. That comment created a sarcastic laugh among the farmers. When asked for their laughs, they said that he could not be son-in-law as there were no daughters in village. Thompson added that it was considered to be a most serious calamity to have a female child. And female children were seldom allowed to live. (Miller, 1983) Most abortions are done because of unplanned pregnancy or having a child causes danger or crisis to woman. Therapeutic Abortions Therapeutic abortions result from a medical reason where giving birth to a child may endanger womans health and life. Selective Abortions Selective abortion are those small fraction of abortion that occur in the cases where particular fetus is perceived as having undesirable characteristics. There are few reasons why the selective abortion is practiced. The unborn child is a girl, and parents due to cultural or other reasons, want a boy. When the fetus is defective. The pregnancy is intended to give birth to a child with specific genetic properties, and fetus doesnt have them. (Selective abortion) According to the study published in journal The Lancet, the number of the abortions due to reason of the sex of child has been increasing in last few years and the increase in numbers are alarming. The researchers state that there have been 4 to 5 million sex selective abortion performed during last three decades and the problem is still worsening. (CHLOE, 2011) From 2001 census of India, its very clear that there has been an unusual high sex ratio for the young children that have sparked the concern about the use of sex-selective abortions to satisfy parental preferences of sons. According to National Family Health Survey, also known as NFHS-2 , sex ration of male to female child is abnormally high that is 107-121 males per 100 females in 16 of Indias 26 states. There has been an extensive use of ultrasound technology and amniocentesis during pregnancy, particularly in Gujarat, Haryana and Punjab. The study also showed the masculine SRBs and worsening or persistent female mortality disadvantage despite overall mortality decline, the reasons behind that are female child neglect and the wide spread use of female infanticide in above mentioned and other places in India (Rajan, 1999). In a study conducted, the researchers stated that after firstborn girl, selective abortions of girls have been increased in India. And most of the population of I ndia lives in the states where selective abortions of girl child are common. (Prbhat Jha, 2011) The future mother and fathers families attend the sex-selection testing procedures and many a times the abortion is done against the will of the mother. The government has shown red eyes to those families pressurizing the expecting mother to undergo abortion. (Quinn, 2012) fig.1.jpg (Natrajan, 1972) Ethical views on Abortions and Sex-selective abortions As Rosalind Hursthouse states, any action is considered right given certain circumstances, from a virtual ethical perspective if and only if it is what the moral agent would do in same kind of circumstances. Here we will consider the case of pregnancy, when considering that when the ones decision to abort of not is called a right action when compared to its alternatives actions? (Caouette, 2012) A difficult case for the defenders emerges when there is a case of abortion for the removal of unwanted fetus because the fetus is of unwanted gender: Sex selective abortion. Sex selective abortion has always meant to be the elimination of female fetuses. In some countries it is not limited to fetuses, it also extends to infanticide. Abortion means killing a person, Warren states for instance, is no more serious than killing a guppy then abortion of human because of sex differences would be permissible. Many defenders would feel uncomfortable by such a conclusion. Many thinkers hold that abortion in general is morally problematic. However some arguments against sex-selective abortions can be understood based on the only assumption that human fetus is not a person with rights, but this assumption is related to abortion in the general only not to sex-selective abortion. (Kaczor, 2011) As here we are talking about India, we would focus more on the issues in context to India. Even though India has been worshipping Goddesses since long, some of the expectant mothers from India have been pressured by family and culture that privilege males into aborting their female fetuses. The government is becoming very strict now; new law makes the entire family to have a jail for at least 7 years, if the reason is found to be the female gender of fetus for the abortion. (Quinn, 2012) There has been always a role of the clinician to get these all deed done. So government has also decided to fine the clinicians involved in the cases of abortion due to gender discrimination. In some less-developed part of India, a daughter is seen as a financial burden to the family members in future. The reason behind this is considered to be the culture of giving dowries at the time of marriage of the daughters. The author adds that, there are ethical questions regarding the abortions of female fetuses. The number of men in India outnumbers the number of women by 40 million. Indian government wants the women population to grow but on the other hand it is restricting the womans reproductive rights of allowing her what she wants to do with her body. (Quinn, 2012) Moral and Ethical principles According to Mettanando Bhikkhu professor at Oxford and Harvard university, there are five fundamental questions that divide the thinking, moral principles and ethics to individuals. They are: Who am I? What is this world? Is there any afterlife? What is the meaning of my life? Why this has to happen to me? According to the answers one give o above mentioned fundamental questions, the people can be characterized as either from a modern society or from a traditional society. The modern society believes scientifically and the traditional one has the religious views. Abortion is considered as a eternal controversy. There have been two different views from the moral principles of the different groups. Pro-life: The human life is very sacred. Abortion is considered morally wrong and should be criminalized as it is equal to murder. Pro-choice: this group thinks that woman has right to terminate the pregnancy regardless of the reason for that. (Bhikkhu) Whatever the specific reason for the abortion, most feminists believe that the women concerned are in the best position to judge whether the abortion is an appropriate response to the pregnancy or not. Generally the woman never wants abortion that is influenced by the sex of fetus. The women should get entire control on their reproductive lives and be free from male dominance or family dominance. (Dickens, 2002). Religious views: Hinduism: If we talk about life according to Hindu scriptures, it is basically a dualistic model consisting of atam (spirit) and prakriti (matter). According to carak samhita, a Hindu medical text, at the time of conception only the soul is already joined. Though there are different opinions regarding ensoulments in Hindu scripture. According to the Garbh Samhita, the encoulments take place in the seventh month of pregnancy. Though there are some different opinions regarding the consciousness in to the womb. Vishnu puran, a famous hindu scripture, describes the consciousness in the womb. (Moad, 2004) The practice of abortion is negatively described in ancient Hindu scriptures, The Vedas. In the text Rg Samhit, possibly originating before 1200BC, Lord Vishnu is the protector of the child re-birth, implying that fetus actually deserved even divine reverence. While Atharva Veda expresses following plea in regard to those who perform abortion: With what bonds the overslaughed one is bound apart, applied and tied up on each limb let them be released, for they are releasers; wipe off difficulties, O Pushan, on the embryo slayer. VI-112.3 Enter thou after the beams, the smokes, O evil; go unto the mists or also the fogs; disappear along those foams of the rivers: wipe off difficulties, O Pushan, on the embryo slayer.VI-113.2 (Moad, 2004) Female is seen as Goddess in Hinduism and aborting fetus because of the gender is considered a biggest sin. Evidently, embryo slayer is seen as a killer and a suitable candidate to bear sufferings and sins of the rest of vedic community. In another Hindu scripture Visnudharmasutra, one who performs abortion is similar to attempting the worst sin in Hindu society, killing a Brahmin. (Moad, 2004) Christian: Christian and Jewish groups oppose sex-selection abortion very strongly. While the prolife-movements is pushing too hard these days leading to vote on the bill to ban the sex-selection abortions, some Christian churches remained silent on the measure and took positions opposite to it. The church belonged groups Methodist Federation for social Action, justice and witness Ministries of the United Church of Christ and Presbyterian Voices for Justice voiced their opposition to the sex-selection abortion ban. They are also supported by a number of groups including: Jewish Reconstructionist Federation, National Council of Jewish Women, and Union for Reform Judaism, Hadassah, Women of Reform Judaism, .and the Womens League for Conservative Judaism. (Ertelt, 2012) The Institute on Religion and Democracy asks why so many churches are not taking any stand to oppose the act of sex-selective abortions. The Institute on Religion and Democracy voted and strongly condemned sex-selective abortion as as a particularly lamentable and violent expression of sexism. Churches should be among first to stand and oppose the act of sex-selective abortions said IRD President Mark Tolley. Most of the church groups are concerned about issues like social justice and global problems that range from lack of access to drinking water to plight of those persons victimized by sex trafficking, Yet the gender-selective abortion should be considered as global problem only, Mark added. (Ertelt, 2012). Buddhism: It is very clear from the sources that sex-selective abortions have been disapproved by Buddhism as well. Superficially, situation seems not unlike the Roman Catholism, where the abortion though disapproved in the strongest terms by the churches drawing a canonical tradition. The most fundamental is consciousness (vi~n~naa.na), the fifth. More ever to specify the consciousness the criteria of moral status is nearly impossible to isolate (Barnhart, 1997). Sex-selective abortion practice in India As there has been always a social and Indian cultural demand to have male child, there was high curiosity among the expecting parents to know the gender of fetus. So, sex determination itself became a business for the clinicians. Sex determination became big business in India after it was introduced into 1970s. The billboards were stating that, Invest Rs.500 now and save Rs.50000 later. These kinds of advertisements were encouraging the expecting parents and save future dowry (Kusum, 1993). Posters in the train station promoted the sex-determination together with an abortion for just Rs.70. Certain clinicians used to distribute the flyers advertising their services. (Jeffery, 1984) However not all the clinicians are personally happy by doing these, sex determinations and abortions. (Professional obligations vs Personal ethics) Curlin_2009_physicians_obligations.png Courtesy: (Professional obligations vs Personal ethics) Social Context: To understand the practice of sex-selective abortion in India, one has to thoroughly understand the roots of cultural norms and basis of son preference in India. The concept of Son Mania in India is multi-faceted and deeply embedded in Indian culture (Ramanamma, 1980). In the ancient India text Athrva Veda, there are mantras written to change the sex of fetus from female to girl. A sons birth considered to be a sunrise in the abode of god and to have a son was as essential as to have food once a day, where as daughters birth was considered a cause for greatest sadness and disappointment (Ramanamma, 1980). Indian society is patrilocal, patriarchal, and patrilineal. The sons are supposed to carry family name. Sons are also charged with the duty and task to support their parents in old-age. Whereas on other hand daughters get married and become part of husbands family, they dont make any further contribution to birth parents. There is a saying in India that, bringing up a daughter is like watering to neighbors plant. (Jeffery, 1984). Since most reasons for the preference for sons are economically based, it is really very ironic to find that the extreme level of sex-ratio that is more boys to girls are found into the higher casts who tend to have wealth (Miller, 1981). Since come into the practice, the physicians always have been a strong support to those parents who want the sex-selective abortion done. This argument also involves the right to let the families make their personal decision. If we think a case of a woman having two or three daughters and still she deliver a girl child then her life will become difficult and she will have too many daughters. One of the famous Bombay gynecologists state that, How can you deny the mother to have a son instead of daughter? Who are we to take away her right to decide that she should have a daughter or son? It is better to get rid of the unwanted child than to suffer the whole life (Kusum, 1993). Although practitioners might have interests in this because of financial interest, its considerable that their views will be their interest oriented rather than in the interest of overall ethical situation. Governments Response Since the problem of male to female ratio is worsening, India has shown the history of activism and policy attention to Female -selective abortions. It started all the way in 1988 from the state of Maharashtra. Maharashtra banned the use of amniocentesis for the purpose of sex-determination. Fines and prison were made mandatory for those who administer the test as well as woman and her family undergoing the test. Within the same year, there were doubts raised regarding effectiveness of the ban on the sex-determination, because the private sector remained unregulated. The lack of government action was cited by a group of activist in Mumbai, which advertised the sex-determination and sex preselection. (Miller, Female-Selective Abortion in Asia: Patterns, Policies, and Debates, 2001) The Indian government has opposed the practice of female infanticide and the practices of sex-selective abortions, but has been very slow and ineffectual in applying the law strictly around the country. The dowry prohibition act was passed by Indian government in 1961 itself approximately a decade ago the sex-determination techniques were introduced in India. Despite its revision in 1983 and 1985, this law has been poor in implementation (Bumiller, 1990). Maharashtra state provided the first policy model to take serious steps against these kind of practices. (Miller, Female-Selective Abortion in Asia: Patterns, Policies, and Debates, 2001) The salient features of Maharashtra Regulation of Prenatal Diagnostic Techniques Act are as follows (Kusum, 1993): Pre-natal diagnosis is permitted only to detect any kind of fetus abnormalities that includes sex-linked genetic diseases. The test can only be undertaken by a high risk pregnant woman who should meet one or more of the following criteria: Age over 35 years History of 2 or more abortions or miscarriage History to the exposure to any hazardous substances Hereditary genetic disorder The uses of all kind of prenatal diagnosis techniques are banned for the purpose of determination of sex of fetus. Three authorities were made to operate all these policies, State Appropriate Authority, State Vigilance Committee, and Local Vigilance Committees. The woman who experienced two or more therapeutic abortions in past technically becomes eligible under this act. Secondly, while determining the ex-linked genetic disorder the can theoretically reveal the sex of fetus to the physician. So needless to say, corruption, increased in illegal practices made the practice of sex-determination unabated. (Kusum, 1993) Conclusion Sex-selective abortion should be best called Female-selective abortions. India is a very large democracy. The laws in country are very difficult to apply thoroughly because of the corruption and such other issues in Indian government. The clinicians, most of them never apply their own ethical and moral principles to such cases, everyone is busy collecting wealth. Morally my own beliefs, my faith in my religion, my nation never allow me to attempt such sin. A son and a daughter should be considered equal. We are living in 21st century, where there is nothing that a woman cannot do and a man can do. Personally I believe that the sex-determination should not be banned but there should be awareness among the expecting parents about the importance of life. The woman should be made think that what if her mother had aborted her? Everyone has got right to live, to take lives, is not in our hands. There is no country in the world that has placed sex-selective abortion high on its policy agenda, though the United Nations included pre natal sex selection in its Program of Action in Cairo Conference on Population and development in 1994 (Miller, Female-Selective Abortion in Asia: Patterns, Policies, and Debates, 2001) We should respect human rights as well. India is a developing nation and it should be thought that women are an intact part of Indian workforce. To conclude with, I strongly take my position against the use of sex-determination and the practice of sex-selective abortion around the globe, we all will have to re-think and develop a inner sense of equality and freedom.