Employment LAw Case Study Example | Topics and Well Written Essays - 500 words

Employment LAw - Case Study Example Additionally, there is direct discrimination. The UK company law requires that all employees should undergo rigorous training before undertaking any sought of job. Louise ignores this fact and fails to equip Paul with relevant skills pertaining to his cashier job. In fact, she does not even intend to make arrangements of training the newly employed worker. According to Delaney and Huselid (2010, p. 956), any inconvenience in service delivery is attributed to the lack of training. In this regard, the bank manager takes advantage of his lack of experience and directly mistreats him before the bank clients. The harassment of Paul is humiliating given that the boss victimized him while the bank clients were watching. The Employment Act, 1996, classifies any abuse and disparaging remarks as harassment. The UK equality Act 2010 stipulates that every citizen has a right to fair and non-discriminative treatment (Hofstede, 2008, p. 67). The Act covers discrimination based on sex, disability a nd belief. This situation notwithstanding, the common law includes discriminatory treatment of employees, in the prohibition. The UK legislation also allows all workers to be members of trade unions. The unions serve as a shield for the workers. Besides the common law legislation, the trade union protects the welfare of all employees who have subscribed into trade union membership (Schuler, Randal and Susan, 2008, p. 34). The move of Paul was inappropriate because leaving the job was not a solution to his problem. He should seek the indulgence of the trade union in the matter and invoke the relevant legislation to his favor. There are many options open to Paul. He can seek constructive dismissal from the job, which will call for a comprehensive compensation of service delivery. Paul also has the option of being reemployed by the assistance of the employment tribunal. The UK transfer of the Undertaking Regulation Act

Social Media Essay Example for Free

Social Media Essay Social Media Discuss the four components of a legally astute social media marketing manager who utilizes social media outlets for consumer transactions and how each component can mitigate the risk involved in doing business in cyberspace. The four characteristics of a legally astute manager are: an acceptance of how important the law is to the success of the organization, a proactive attitude toward legal issues and regulations, the ability to use informed judgment when faced with decisions involving legal implications, and having the knowledge of specific laws, regulations, tools and resources. Social media marketing manager should be well educated about these four components. Today, more and more companies are using the social media for marketing purposes. Moreover, you might fall far behind, if you don’t. So, it’s important to be well informed about legal aspects of social media, since it’s a new way for building relationships with the customers. List and analyze methods of alternative dispute resolution and determine which would be most effective in resolving genuine disputes that arise with consumers who may make purchases from businesses that provide links via social media. Cortes, P. (n/d) talks about online dispute resolutions: ODR in the consumer context refers to the use of ICT tools and methods (usually alternative to the court system) employed by businesses and consumers (B2C) to settle conflicts that arise out of economic transactions between the parties, particularly in e-commerce. It is often distinguished from other fields where ODR is used, such as in the commercial field (B2B), in the public sphere to resolve government and citizen (G2C) disputes, and in the  resolution of disputes related to intellectual property. A consumer transaction (B2C), akin to a consumer dispute, will be one where an individual, acting on a personal capacity, buys goods or services for his or her personal use. Conversely, a business is an individual or an entity that acts on a professional capacity selling goods or services as part of their profession. In a B2C dispute, the aggrieved party is frequently the consumer as they normally pay in advance for their purchased goods and services. Consequently, the consumer is the weaker party in a dispute where the business has the payment and the experience of dealing with similar disputes. Consumers will often get more involved in the dispute, taking it more personal, and thus requiring a more transformative solution, while the business is mostly interested in resolving the dispute as fast and inexpensively as possible. In certain cases, businesses will be keen in resolving the dispute in order to maintain their reputation. This is relevant when, as it happens in eBay, the buyer leaves feedback after a transaction. When ODR is effectively used in this way, it has an added value for the parties; it increases the consumers’ trust in those online sellers that provide ODR services. Greater trust means that reliable sellers would boost their trade and consumers will be protected from the potential abuse by the dominant party in the transaction. ODR services may be employed to ensure that consumers’ rights are respected by the online vendor, hence enhancing consumers’ confidence in the online transaction.1 As a result, ODR would ultimately enhance the business’s ability to sell while at the same time protecting the consumer’s ability to participate safely in e-commerce. E-commerce is thought to be one of the areas where ODR will flourish as it seems logical for parties that enter into disputes online to use the same medium, the Internet, to resolve their disputes. The resolution of small value disputes that inevitably arise out of millions of transactions taking place every day between parties located far from each other require the use of cost-efficient methods of dispute resolution. Examples of ODR providers that resolve high volume of consumer disputes are eBay and PayPal, which act as third neutral parties encouraging first business and consumers to reach amicable agreements through automated negotiation, and when parties cannot reach consensual agreements, they adjudicate the disputes. Since consumer transactions on social media can occur across state lines, determine how the  federal government can bet control these transactions. Selis; Ramasastry; Kim; Smith (n/d) have noted that the Web have provided tremendous opportunities for both businesses and customers. Businesses can reach lots of customers across the globe in much easier and faster ways. Customers can complete their transactions a lot faster too. They can also find anything they want. However, online transactions also create possibilities for online crime too. Below are some laws that were created by the government for online transaction regulations: The United States does not have a comprehensive privacy statute that governs the collection and use of personally identifiable information, either online or through traditional business practices. There are, however, a number of sector-specific laws that govern the collection and use of data. 1. COPPA Currently, no federal statutes require the placement of privacy policies on Internet web sites other than the Children’s Privacy Protection Act of 1998 (COPPA). COPPA is applicable only to web sites collecting information from children who are younger than 13 years old.53 The law became effective on April 1, 2000. The Act requires Internet operators, including ISPs and web site operators, to: (1) Provide parents with conspicuous notice of what information is collected, how the information will be used, and the websiteÕs disclosure practices; (2) Obtain prior, verifiable parental consent for the collection, use and disclosure of personal information from children (there are limited exceptions); (3) Provide parents the opportunity to view and prevent the further use of personal information that has been collected on the website; (4) Limit collection of personal information for a childÕs online participation in a game, prize offer, or other activity to information that is reasonably necessary for that activity; and (5) Establish and maintain reasonable procedures to protect the confidentiality, security, and integrity of the personal information that is collected. 2. Gramm-Leach-Bliley Financial Modernization Act (GLBA) The GLBA was signed into law on November 12, 1999 by President Clinton. Title V of the GLBA governs the collection, use, and dissemination of non-public consumer financial information by financial institutions. Gramm-Leach-Bliley requires financial institutions to: (1) Provide clear and conspicuous notice to consumers of their privacy policy upon establishing the customer relationship and at least annually thereafter; (2) Give consumers the opportunity to Ã’opt outÓ of having their non-public personal information disclosed to nonaffiliated third parties; and (3) Provide a reasonable method for consumers to Ã’opt outÓ of such disclosures to nonaffiliated third parties. 3. Other Statutes, Regulations, and Directives Containing Provisions Protecting Privacy of Consumer Information Include: a. Cable Communications Policy Act of 1984 (47 USC  ¤521 et seq.,  ¤611) This Act addresses concerns about the ability of interactive cable systems to track cable consumer viewing or buying habits. It prohibits the collection of personally identifiable information without the consumer’s prior consent except as needed to render service provided by the operator or to prevent interception. b. Communications Assistance for Law Enforcement Ac t of 1994 (47 USC  ¤Ã‚ ¤1001-1- 10;  ¤1021; 18 USC  ¤2522) This Act establishes protection for cordless telephone conversations and establishes a warrant requirement for government access to e-mail addresses. c. Driver Privacy Protection Act of 1994, and as amended in 1999 This law protects state motor vehicle records and restricts their dissemination to only authorized parties and in many instances only for specified purposes. The 1999 amendments tie state compliance to the appropriation of federal transportation funds for states. d. Electronic Communications Privacy Act of 1986 (18 USC  ¤1367,  ¤ 2232,  ¤2510 et seq.,  ¤2701 et seq.,  ¤3117,  ¤3121 et seq.) This Act protects all forms of electronic transmissions, including video, text, audio and data from unauthorized interception.  e. Electronic Fund Transfer Act (15 USC  ¤ 1693) The Act requires financial institutions to include in an initial account disclosure the circumstances under which it will disclose information to third parties. f. Fair Credit Reporting Act (15 USC  ¤1681 et seq.) This Act regulates the disclosure of personal information by consumer credit reporting services. It requires such services to adopt reasonable procedures  to ensure the accuracy of personal information contained in their credit reports. It also provides a process for consumers to review and correct inaccurate information on a credit report. Credit report information can be shared with affiliates when a consumer is told the information may be shared and is given the opportunity to opt out from information sharing with affiliates. The FCRA does not restrict the amount or type of information to be released to third party inquirers when the reporting agency has reason to believe it will be used for credit, employment or insurance evaluations or other Ã’legitimate business needsÓ affecting the individual consumer. It prohibits those who are no credit reporting agencies from disseminating or redistributing credit information. The law does not explicitly address the sharing of transactional, empirical information. This silence has been interpreted by the Office of the Comptroller to mean that the information can be shared freely with third parties. g. Family Education Rights and Privacy Act of 1974 (20 USC  ¤1232g) This Act protects the accuracy and confidentiality of student records. h. Federal Trade Commission Act (15 USC  ¤41 et seq.) This Act, which creates the Federal Trade Commission (Ã’FTCÓ) establishes among other things consumer fair business practices and gives the FTC jurisdiction and authority to address unfair, deceptive or misleading business practices. Examine the three branches of government and discuss which can effectuate the most significant impact on regulating significant impact on regulating consumer transactions via social media outlets. The government has three branches: Executive, Legislative, and Judicial.  · Executive: Ruled by the president. The president transfers out federal laws and endorses new ones, leads national defense and foreign policy, and performs ceremonial duties. Authorities include guiding government, commanding the Armed Forces, dealing with international powers, acting as chief law enforcement officer, and rejecting laws.  · Legislative: Ruled by Congress, which includes the House of Representatives and the Senate. The main task of these two bodies is to make the laws. Its powers include passing laws, creating spending bills (House), impeaching officials (Senate), and approving treaties (Senate).  · Judicial Ruled by the Supreme Court. Its authorities include understanding the Constitution, revising laws, and determining cases involving states rights. Explain the agency relationship that exists on social media sites between the social media provider and businesses that utilize the site for advertising. Almost all organizations are trying to use social media in order to reach potential customers. However, it’s not so easy as it sounds. A company should have a certain strategy in order to promote itself on social media. Manage My Socials (2013) explains the social media agency: The social media agency actually works for building new bonds and making the existing bonds stronger among the company and its customers or followers. Once the company becomes famous and people get to know about its existence and start trusting it, half of the work of marketing department is done. Therefore, a few starting years are very crucial for any organization from marketing point of view. Once the company becomes renowned by the general public it becomes easier to make them follow. The area of a social media management encompasses the social media as well as building the online public relationship between the company and its customers stronger and more trustworthy. In addition with the marketing department, the social media agency collaborates with the search, planning, development and customer services departments to fulfill the need and demands of the customers and earning their trust. This also brings about healthy exchange of information within the complete organization of the company. Marketing and communication within the company and outside the company becomes more effective with the involvement of these social media managers. Thus, the overall productivity and efficiency of the other departments is enhanced and the business also flourishes. The scope of a social media agency has increased many folds these days in the modern business strategies. Some organizations seek the services of these managers for specific duration of time while others hire them permanently. Both approaches are equally beneficial for the business  and you should assess which one of them is more suitable for your business. There are some specialized social media management agencies which provide professional and specialized managers to work on a specific project for a specific duration of time.

Importance of intellectual property rights

Importance of intellectual property rights IMPORTANCE OF INTELLECTUAL PROPERTY RIGHTS- Intellectual property rights are accepted all over the world due to some important reasons. They were essentially recognized for the acceptations of these rights are:- Provides incentive to the individual for new creations. Providing due recognition to the creators and inventors. Ensuring the material reward for intellectual property. Ensuring the availability of the original products. For economic growth and advancement in technology sector protection of Intellectual property protection is important. They are benefited for the growth of the business in the field of technology. INTELLECTUAL PROPERTY LAW INTRODUCTION INTELLECTUAL PROPERTY LAW Comprises of the following Laws:- The Laws relating to Trade Marks / Brands (Trade Marks Act, 1999), Property Marks The Laws relating to Copyright (Copyright Act, 1957) Artistic Work, Literary Work, Audio Video Records and Software The Laws relating to Industrial Designs (Designs Act, 2000) The Laws relating to Patents (The Patent Act, 1970) The Laws relating to Geographical Indications. The geographical Indications of (Registration and Protection) Act, 1999 The Laws relating to Internet (Information Technology Act, 2000) INTELLECTUAL PROPERTY RIGHT INFRINGEMENT-An intellectual property infringement is the infringement or violation of an intellectual property right. Copyright infringement- Copyright-It is a type of protection which is given to the authors of original works including literary, dramatic, and musical and certain other intellectual works, which may be published and unpublished. Copyright infringement (or copyright violation) is the use of material unauthorised that is covered by copyright law, that violates one of the copyright owners exclusive rights, such as the right to perform the copyrighted work. It is also known as copyright violation. Patent infringement- Patent-It is issued by United States Patent and Trademark Office. A patent is the right to the inventor for an invention. Patent infringement prohibition act with respect to a patented invention without permission from the patent holder. By means of the licence permission may be granted. It is also known as patent violation. Trademark A trademark gives separate identity to the goods and services to make them distinguish from the others. It protects words, names, symbols, sounds. Trademarks can be renewed for forever or as long as they are going to be used. There is no need for registration of a trademark in the U.S. Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees. Infringement may occur when one party, the infringer, uses a trademark which is identical to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence legal proceedings against a party which infringes its registration. It is also known as trademark violation. Objectives- To know the reasons infringement of the intellectual property rights. To know why to care about IPR? What the protection measures and provisional measures? Case related to Intellectual Property Right Infringement. Review of literature- Economic Effect of Intellectual Property Right Infringement There is a great effect of Intellectual Property Right Infringement .U.S companies suffer losses in recent years because their Intellectual Property Rights (trademarks, copyrights and patents) are not properly protected abroad. International Trade Commission data is collected from 244 US firms and the data is used to study economic effect of foreign infringement of US intellectual property rights in five sectors of industry. The profit and losses of US suppliers is much as compared to total profits, this implies that the losses are greater than the profits earned by suppliers who are infringing on rights, but that the losses may be least than the benefits to infringers and consumers. From Research it is pointed out that research results suggest that Lessing profits lost to infringers by one percent would require significant increases in identification and enforcement costs. RESEARCH METHODOLGY- TYPES OF DATA USED-Secondary data SOURCES OF SECONDARY DATA- Data is collected from the journals, Newspapers, Internet CAUSES OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT Too much cost of Research and development. Globalisation Litigation delays in implementing ip rights and award of damages Software piracy WHY CARE ABOUT IPR- Patents are benefit to the owner of the IP and it add importance to industrial as well as business concerns , discoveries and provide incentives for private sector investment into their development. They all should have separate Research and development center. Globalization and advancement of technology has played an important role in intellectual property protection for small and medium sized enterprises. The intangible nature of intellectual property creates challenges for those businesses, to protect their inventions, brands, and business in foreign markets. Intellectual property protection is necessary to the success of biotechnology companies. For these companies, the patent system serves to encourage them for the development of new medicines and diagnostics for treatment and monitoring diseases, and agricultural products. HOW TO OBTAIN INFORMATION ABOUT INFRINGEMENT OF TRADE MARK / COPYRIGHT The best way to get information about the piracy of trade mark / copyright is companies marketing strategies. The best alternative is engagement of detective agencies on contractual basis, which have their own other network. By surveys in major metropolitan cities of India, the information can be obtained about the infringement / piracy of goods and these surveys will lead to and result in the identification of manufacturing, go downs, distribution network. JUDICIAL SYSTEM IN INDIA The Indian judicial system is independent from executive / government and it is creation of Constitution of India. It is mandatory to obey the orders of the Courts in India by Central State Governments and any non-compliance of the order of the courts are taken as very serious and that may result in the fine and / or imprisonment. In India High Court and Supreme Court judgments has the force of the law. Even in the world the Indian Judicial System is one of the best legal systems which have codified laws and established procedures. REMEDIES AVAILABLE UNDER INDIAN LAWS CIVIL REMEDIES Injunction/ stay against the use of trade Damages can be claimed Accounts and handing over of profits For custody there is appointment of local commissioner/infringing material sealing. Under order 39 rule 1 2 of the CPC the application is filed. CRIMINAL REMEDIES Before the chief judicial magistrate the complaint is filed. Evidence of the infringement of the IPR. Under sec. 93/94 the application is filed. Search of infringing material is done by Police as per orders and directions given by the court. Lodging of fir and search under section. 156 of the criminal procedure code, 1973. JURISDICTION FOR FILING CIVIL / CRIMINAL LITIGATION Civil Cases- The jurisdiction for filing in a civil suit will include given facts and fulfillment of given conditions:- From where the cause of action has occrued? Where the violations of IPRs are taking place? Where the defendants work for gain? Trade Marks Act, 1999, it provides an exception, to registered trade mark and the registered Trade Mark owner can file a case with in court, from where the holder is carrying its business. The jurisdiction for filing a case depends on the activities of the defendants. There is no need to file a suit in different courts separately. PROTECTION AGAINST INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT The infringement of intellectual property rights (IPRs) are by administrative procedures and legal proceedings. In civil liabilities, the infringer may ordered to stop the violated activities, eradicate the damage done, make public apologies and compensate for all the damages. In administrative measures, they include warnings in order to stop the violating activities, fines, and compensation for damages made. The interested parties go for mediation, when there is IPR infringement dispute arises. If mediation failed, or interested parties refused to abide by the outcome of mediation, legal proceedings may be instituted with peoples court. The interested parties may also request the relevant administrative authorities for actions. LEGAL PROCEEDINGS When an IPR infringement dispute arises, the infringed party may institute legal proceedings directly with the peoples court at the place where infringing activity takes place If an interested party finds that due to emergency or by any delay in stop the infringing activities may cause damages to his/her rights, he may, before instituting legal proceedings, request the peoples court to freeze the assets of the infringer. The peoples court will see to it that the infringer, if the infringer is convicted, he will be made to bear civil liabilities for the infringing act. The infringer will be prosecuted for his criminal liabilities where the case is so serious to constitute a crime. ADMINISTRATIVE PROCEDURES (a) Information and Proof to be Submitted When infringement of IPR dispute rises, the interested may request the administrative authorities and above at the place of the infringers domicile In order to make the request to the administration authorities, the interested party should have to submit a written proof of his right and evidence of the infringing act. (b) Processing by Administrative Authorities It is the duty of the administrative authorities to handle the dispute and they have to make decision whether the complaint will be processed within 15 days upon receipt of the request and they have to tell their decision to applicant. If the decision is negative, a written will be given to the applicant and if the decision given by the administration authorities is negative than the applicant will given an explanation in written form within 7 days. (c) Calculation of Compensation On the request of the applicant, the competent administrative may order the infringer to pay for damages? For infringing of copyright, the compensation amount is calculated according to the direct damages caused by the infringement and reasonable fees incurred by the copyright holder in investigating and stopping the infringing act. For infringing of trademark, the compensation amount is calculated on the basis of profits gained by the infringer through the infringement during the infringement period or the damages suffered by the infringed party during the infringement period. For infringing of patent, the amount of compensation is calculated according to the damages suffered by the patentee or the profit which is gained by the infringer through the infringement. Where it is difficult to determine the damages suffered by the patentee. It is also difficult to calculate that how much profit is earned by the infringer, royalty amount of patent may used as per calculation. (d) Dissatisfaction with Administrative Punishment Decisions Instituting administrative proceedings If the interested party is not satisfied with the punishment made by the administrative authorities than within 3 months from the receipt of the notification of decision, and apply to the local government or administrative securities at higher level for reconsideration of the decision. Instituting administrative reconsideration Within 10 days, the authorities should have to decide whether to handle the case or not. If the interested party is satisfied than within 2 months for reconsideration, a decision should be made on that basis. If the interested party is not satisfied with the decision on reconsideration than within the 15 days after the receivable of the notification of the decision, institute administrative proceedings with the peoples court. EFECTIVENESS OF LEGAL ACTION AGAINST INFRINGEMENT PIRACY It is practically very difficult to completely prevent piracy / infringement / violation of intellectual property rights as we know India is a very large country in geographical terms and densely populated country. There are own advantages and limitations of civil and criminal legal actions. Mostly piracy in India takes place in small scale industries, unorganized sector A separate suit has to be filed against each and every company / firm / individual in civil suits, which are filed against infringements, as the infringement by each pirate will amount a new cause of action, separate suits have to be filed against each of them. As compare to criminal remedies the civil remedies are easier. Due to publicity, campaigning the effectiveness of criminal remedies is more as compared to civil remedies. Any criminal action / prosecution is treated as a social stigma in India which leads to condemnation by the society. PROVISIONAL MEASURES The judicial authorities shall have the authority to order promptly and effectively provisional measures: to prevent an infringement of intellectual property rights from occurring, and in order to prevent the entry into the channels of commerce in their jurisdiction of goods, including imported goods immediately after customs clearance To preserve supportive evidence in regard to the IPR infringement. It is the right provided to the judicial the applicant has to give supportive evidences in order to satisfy themselves, and to order the applicant to provide a security or equivalent assurance which is sufficient to protect the defendant and to prevent abuse. The applicant needs to supply other necessary information for the identification of the goods concerned by the authority. If judicial authorities found that there has no infringement or there is no any threat of infringement of an intellectual property right, the judicial authorities has right that upon request of the defendant the applicant should have to provide compensation for any injury, damages to the defendant. REGISTRATION OF IPR IS NECESSARY OR NOT ot necessary in the case of Trade Marks Copyrights Yes, necessary in the case of Patent Industrial Design Geographical Indication REGISTRATION OF IPR CAN BE CANCELLED OR REVOKED? Yes If Fraud If there is Misrepresentation Against the rights of opponent If it is registered by the registrar by error. Registration is prohibit under some law Registration against public policy CASES- PIRACY RACKET UTV software and communications, producers of the film `Whats Your Raashee? has demanded a compensation of Rs 50 crore each from Adlabs Films Limited and UFO movies for piracy and infringement of copyright. It was movie of Ashutosh Gowariker and its masterprint was stolen from Adlabs .UTV send notice to Adlabs as the masterprint of the movie copied by illegal means. And it was sold to persons who done business of piracy. It caused a large damage. Stolen of masterprint was not an easy task, this was possible only by the help of some highly-placed persons which may be the employee of Adlabs. Only a highly authority person can get the prints and can made copies. UFO movies employee Rajesh Chowdhry was arrested in the piracy of the movie `Aage Se Right. This shows that the security system is not good and it does not provide any solid protection. The social service branch arrested two more employees of two private companies their names were Neerav Shah, he was the manager of Reliance big pictures and other one name was Nagda Kalapi , he was the head of overseas distribution of Shemaroo pictures. They both get a benefit of Rs 35,000 to 50,000 per film as per the inquiry done by police. IPR INFRINGEMENT REMEDIES IN USA The Brand owners which are settled outside USA faces IPR infringement within the United States. Most of the Europe brand owner mistook that the remedy to IPR infringement is only civil and criminal remedies are seldom used. Which is not so. US use many a remedies to deal with IPR infringement cases. Victim brand owners faces criminal remedy many a times in United States and this is true that many states deals much better with IPR violation remedy as compare to federal agencies. State prosecution requires much less investigations resources and results come faster as compare to other remedy used. To defend for your brand in US one need to register ones trademark with States Patent and Trademark Office, along with this it needs registration internationally and with USPTO too. Once an infringer is suspected it is given with a cease and desist notice which is another useful criteria. In this notice description should be there duly that verifies that the product was really infringed. As evidence the product that is purchased by the infringer should be produced. There are two main ways of prosecution in US. federal prosecution state prosecution Penalty is sometime higher in federal prosecution and sometime the same for both the prosecutions. During the investigation time it is the practice of infringer that he continues to flood the market with counterfeit merchandise .It costs as loss to the brand. So the prosecution should take less investigation time for the sake of brand owner and most of the time state prosecution takes much less time as compare to federal prosecution. Conclusion The Intellectual Property Rights (IPR) has social, economic, technological and political impacts. Rapid technology, globalisation and fierce competitions leading to protect the innovations from violations by the help of IPR such as patents, trademarks, service marks, industrial design registration, copy rights and trade secrets. But still there is infringement of Intellectual Property Rights. The Government is also taking measures to prevent them. There are laws regarding the prevention of Intellectual Property Rights Infringement. BIBLIOGRAPHY P Dalmia from IP IT Laws DivisionVaish Associates Advocates http://iprinvestigators.com/opinion1.html http://www.osec.doc.gov/ogc/occic/ipr.htm http://www.legalserviceindia.com/articles/ip.htm http://www.hktdc.com/info/mi/a/bgcn/en/1X002MHP/1/Guide-to-Doing-Business-in-China/8-3-Protection-Against-Intellectual-Property-Rights-Infringement.htm http://timesofindia.indiatimes.com/news/city/mumbai/Piracy-racket-Producers-seek-Rs-100-cr-in-damages/articleshow/5048906.cms http://www.xing.com/net/markenrecht/general-343444/ipr-infringement-remedies-in-the-usa-18851544/18851544/

Educational Philosophy :: Education Educating Teaching Essays

Educational Philosophy Today’s educators are setting the pace for their students’ tomorrow. Educators are expected of so much more today than they were twenty years ago. It is the teachers’ responsibility to provide their students with an education as well as a personal identity, and a sense of comfort. Every student that walks into a classroom contains a different set of needs that their teacher must meet. The educational aspect of teaching is a given, but the teacher must also aid their students in being individuals and appreciating who they are and where they come from. Teachers must also provide comfort and security for their students. The more comfortable that a student feels with their teacher, the more apt they will be to share issues they are struggling with in their lives. One of the reasons that I want to be an educator is because I want to fill every one of my students with confidence. I intend to pack the minds of my students with an endless supply of knowledge as well as e ncouragement in every aspect of their life. They will be taught to love themselves and appreciate their background. Another reason that I want to be an educator is because I truly love spending time with children. I was born the third of six children. I have experienced the role of being the baby sister and the big sister. I feel that I can relate with children very well because I spent so much time with my family. My final reason for wanting to be an educator is to explore different teaching style. I have been especially interested in creating a classroom for cooperative learning and Existentialism. My classroom will be the perfect learning environment. I will paint the room in light pastels and place carpet on a section of the floor. The carpeted section of the room will contain couches and beanbags. This area will be used mainly for group discussion. I will fill the walls with inspirational quotes and artwork provided by the students. I will have tables in my room instead of desks. I encourage cooperative learning because I feel that group work improves problem-solving and reading skills. Students will be graded on their participation inside of the group as far as working together and assisting group members. When it is time for the class to be evaluated, I will ask the students to leave their groups and select a special place in the room where they can go and work independently.

British Depth Study 1890-1918 Essay

What were the living and social conditions like in the 1890s? Living conditions: * Towns became overcrowded. * People lived in slums, often whole families lived in one room. * No internal water supplies. * Shared outside toilets. * Limited electricity, wealthy families were starting to get it. * Larger families but higher infant mortality. * Very limited birth control, moral distaste. * Church taught contraception was wrong. Working conditions: * Most workers worked in factories. * Peace work – women given work to do at home or in small workshops, sewing or making matchboxes or candles, many others worked in textile factories. It was used to supplement the man’s income. * No minimum wage or restrictions on the amount of hours worked. * No unemployment benefit, sick pay or pensions. * Many workers only had seasonal employment. * Safety at work had improved, rates of pay were still the same. The state believed it was down to the employee to accept a wage. State of education: * State education until twelve. * Church schools provided a different type of education, most school were church schools. * Factory schools educated the children of their workers. * Very limited secondary education, only available for the wealthy Victorian attitudes and solutions to poverty: * Rich deserved to be rich, poor deserved to be poor. * Deserving poor were morally correct, mainly women and children. * The undeserving poor spent money on beer, drugs and prostitutes and were morally irresponsible. * Had to help yourself. * People went to workhouses, worked for food and a bed. What were social reformers doing in 1890s and what motives were there for reforms? William Booth and the Salvation Army: * Like Christian groups gave hot soup and bread to people but did more. * William and Catherine Booth went out and found poor people within East London. * East London mission expanded until in 1878 had 45 branches and was called Salvation Army. * Organised like an army. * Used attention-grabbing techniques – smart uniforms, brass bands to get attention and money. * By 1900 it ran training centres, labour exchange to help people find jobs, a farm and brickworks. * Designed to help people and train poor. * Salvation Army gathered information about poor and causes of poverty, showed some people couldn’t help being poor – out of their control * William Booth described poverty in three circles; the starving and homeless (honest poor), those that lived by vice and those that lived by crime. Charles Booth: * Wealthy Liverpudlian, inherited business and moved to London. * Refused to accept Government statistic that 25% of working population in London was in poverty. * Spent 17 years with a team investigating living conditions, income and spending of over 4000 people. * Found 31% of Londoners lived below poverty line. * Many thought it was their own fault they were poor but Booth worked out 85% were poor because of wage and unemployment problems. Split the poor into four groups: * Class A – lowest class – street sellers, criminals, loafers – life of savages with extreme hardship – 11,000/1.25% population * Class B – causal earnings – widows, deserted women, part time labourers – shiftless and helpless – 110,000/11.25% population * Class C – occasional earnings – hit by trade depressions – 75,000/8% population * Class D – low wages, less than 21 shillings per week – dock labourers and gas workers -just enough to survive – 129,000/14.5% population Seebohm Rowntree: * Intrigued by Charles Booth’s findings he wanted to see how York compared. * Calculated a family of 5, 3 adults and two children could live off 21 shillings and 8 pence per week. * Found 28% of York families were below this line, divided them into two categories: * Primary poverty – no matter how hard a family worked, they would never earn enough money to provide themselves with adequate food, shelter and clothing. These families didn’t stand a chance. * Secondary poverty – These families could just about feed, clothe and shelter themselves, provided there were no additional calls on their income. These families lived on the edge. * 10% of York in Primary poverty, 18% in Secondary poverty. * Used Booth’s idea of poverty line to work out when may be above or below. Other motives: * Surveys like those of Charles Booth and Rowntree changed opinion. * Impact of the Boer War – 40% volunteers were unfit for the army and falling behind Germany. People feared Britain would no longer be great power imperially, economically and militarily unless looked after people better. * German government had already introduced social reforms like pension and insurance schemes. * Labour party formed in 1900 poised a threat and Liberals feared losing working class votes unless they acted. * In 1906 Liberals won landslide majority and were expected to act. * Some New Liberals were in Cabinet and had the power and responsibility to help the state. What reforms were brought in? Elderly: Pensions Act (1908) * Gave weekly pensions from government funds to the elderly. * Only for over 70s * Promised to be introduced in 1908 and made law the year after. * Single person could receive 5s (s=shillings) per week. * Married couple could receive 7s 6d (d=pence). Later increased to 10s. Children: Free School Meals (1906) * Local councils given power to give free school meals to children from the poorest families * Paid for from the local rates * By 1914, 158,000 children were getting free meal once per day School medical inspections (1907) * Doctors and nurses went to schools and gave compulsory medical checks. * Recommended any treatment that should be done. * Checks were free, treatment wasn’t. * In 1912 treatment became free Children’s Act (1908) * Children became ‘protected persons’, people could be prosecuted for cruelty against them. * Poor law authorities had to visit and supervise children who had suffered cruelty or been neglected. * All children’s homes were registered and inspected. * Children under 14 who broke the law couldn’t go to adult prisons. * Juvenile courts were set up to try children accused of a crime. * Children who committed a crime were sent to Borstals, specially built and equipped for young offenders * Children under 14 couldn’t go in pubs. * Cigarettes couldn’t be sold to under 16s. School clinics (1912) * Network of school clinics set up to provide free medical treatment. * Necessary because some parents could not afford the treatment needed that was discovered during medical inspections. The sick and unemployed: Labour Exchanges Act (1909) * National string of labour exchanges set up. * Unemployed workers went to labour exchange to look for work. * More efficient than tramping around workplaces and more efficient for those offering work to people. * Like modern job centre. National Insurance Act (1911) * Insurance scheme aimed to prevent poverty because of illness. * Workers could insure themselves against sickness and draw money from the scheme if they fell ill and could not work. * All manual workers and people in low-paid white-collar jobs had to join. * Workers paid 4d for insurance stamps which they stuck on a special card. * Employers contributed 3d per worker. * Government contributed 2d per worker. * If a worker fell ill they got sick pay of 10s for 13 weeks, then 5s for 13 weeks in any one year. National Insurance Act, Part 2 (1911) * Aimed to prevent poverty because of unemployment. * Insured workers for the periods of time that they were out of work. * At the start scheme open to mainly men who worked in jobs where there was a great deal of seasonal unemployment such as shipbuilding and engineering. * Workers, employers and Government each paid 2d in insurance stamps per week. * When unemployed workers could claim 7s 6d per week for 15 weeks. How effective were these reforms? Children Benefits: * Free school meals for the poorest families’ children. * Free medical checks at school and after 1912 free treatment. * New laws passed to protect children. Drawbacks: * Had to pay for medical problems between 1907 and 1912 despite free checks. * Only some councils gave free school meals. * Limited enforcement of new laws. Elderly Benefits: * Funded by the state (non-contributory). * Provided some state assistance. * Kept elderly out of workhouse. Drawbacks: Couldn’t get it if: * Had been in prison within the last ten years. * Earned over  £31 2s per year. * Hadn’t been a British citizen for twenty years. The Sick Benefits: * 10 million men and 4 million women involved. * Stopped people falling into poverty through sickness. * Allowed people to get money if they were ill. * Got 9d for every 4d paid in. Drawbacks: * Cost worker 4d for insurance stamps, employers paid 3d and Government 2d. * Could only claim for 26 weeks per year, half at reduced rate. * Was compulsory. The unemployed Benefits: * Stopped people going into poverty because of unemployment * Labour exchanges. * Helped people who were in seasonal employment. Drawbacks: * Cost worker, employer and Government 2d per week. * Only available for 15 weeks per year. * Limited to a number of professions (2.25m eligible). Female Suffrage What were the social, political and legal positions of women in the 1890s? Working class: * Before 1870, most didn’t go to school. In 1870 state education set up and became compulsory by 1880. * By 1900 97% of all children could read and write. * At school predominantly taught to be good housewife. * Most working class women had small job – supplement man’s income. * Near end 19th century new jobs for women appearing e.g. typing. * Got less pay for same wage as men and worked long hours. Middle and upper class women: * Educated to be good companions. * In 2nd half of 19th century women got more freedom. * Still hard for women to get into higher education. * Women’s colleges had been set up but women still couldn’t get degrees. * New employment opportunities opened up for middle-class women; teaching, nursing and clerical work. Marriage: * Inferior position to husbands. * Became property of husband when they married, transferred all belongings. * Could rape and batter wives, women couldn’t instigate divorce. * Some changes came in in 1900: women could divorce men for cruelty, desertion and bigamy, women kept property after marriage, women couldn’t be kept in husband’s home against will. Votes: * Women had good jobs but couldn’t vote. * In 1867 Parliament had considered giving women the vote but decided against it. For and against female suffrage For: * Women had wealth and careers but were not allowed to vote. * It would get men to raise their moral standards like women. * Equality would stop pre-marital sex, prostitution and venereal disease. * Britain is not a democracy until women get the vote. * Voting is a right to which women are entitled. * Other countries were giving women the vote. Against: * Women and men have separate spheres. * Most women do not want the vote. * Women are represented by their husbands. * It is dangerous to change a system that isn’t broken. * Women’s role is in local affairs. * Women do not fight to defend their country. How effective were the activities of the suffragists and the suffragettes? Suffragists: * Bulk of campaigners; they encouraged, educated and persuaded people. * Didn’t undertake direct action campaign. * Entered political pact with labour party. Suffragettes: * Were the minority. * Set up by Emmeline Pankhurst and her two daughters. * Frustrated in 1906 when the vote wasn’t given to women. * At start causes nuisance and attacked symbols of the state. Winning the vote: * Propaganda – newspapers, posters and pamphlets * Meetings and demonstrations – held mass meetings and parades drawing over 20,000 protestors. * Civil disobedience and petitions – not paying taxes, boycotted 1911 census, 1910 petition to parliament in support of Conciliation Bill, over 250,000 signatures. * Hunger strikes – 1909 a number of WSPU supporters went on hunger strike whilst in prison to be recognised as political prisoners. Authorities force-fed them and passed cat and mouse act in 1913. * Suffragette violence – Slasher Mary destroyed paintings at the National Gallery, Lloyd George’s second home was firebombed, Emily Davidson dies at the Derby in 1913. Cat and Mouse Act: * Women began going on hunger strike in 1909 to be recognised as political prisoners. * Government couldn’t allow them to die and be seen as martyrs. * First started releasing them after a few days then started force-feeding. * In 1913 Cat and Mouse Act was passed allowing the women on hunger strike to be released after a few days and re-arrested once they had gone back to a healthy weight. Conciliation Bill: * WSPU calls off violence when Asquith agrees to give women the vote. * Asquith stalls on Conciliation Bill. * WSPU protests and turns into Black Friday, fights with police leading to WSPU members being assaulted. Date| Actions by Parliament| Actions by Militants| 1906| Liberals elected to Government| Start to disrupt liberal’s meetings to get votes for women discussed.| 1907| Government shows no interest in votes for women| NUWSS organises march to London| 1908| Herbert Asquith becomes Prime Minister| Suffragettes step up campaign to prove to support for women’s votes to Asquith| 1908| Some WSPU members arrested| WSPU smash windows in Downing Street and chain themselves to railings| 1909| Start force-feeding in prisons| WSPU step up campaignsHunger strikes in prison start| 1910| Discussions about Conciliation BillGovernment stall about Conciliation Bill| WSPU suspend campaignBlack Friday, when Government stalls.| 1911| Government abandons Conciliation Bill and gives more votes to men| WSPU furiously restart and step-up campaign| 1912| | Massive window smashing campaign by WSPUWSPU headquarters raided and many arrests, Cristobel Pankhurst flees to Paris| 1913| Introduction of the Cat and Mouse Act| Violence is increasedEmily Davidson dies at the Derby| 1914| Cracks down on WSPUWSPU prisoners released at start of the war| Continues with more violence, lose public supportHalts campaign when war breaks out| Did the violent methods of the Suffragettes help? Yes: * Made female suffrage front page news, brought to the attention of the public and Government. * When the issue had been raised it wouldn’t go away. Sooner or later they’d get the vote. * The idea of women voting became less strange. * The violence didn’t change Asquith’s opinions, he was already against it. No: * Violence played into Government’s hands, gave them an excuse not to give them the vote. * Government at time appeared close to giving vote but couldn’t be seen to be giving in to violence. * Violence turned moderate MPs against female suffrage, why bills for suffrage failed. * Supported the view women were not responsible enough to vote. * In 1913/14 NUWSS was growing in popularity at expense of WSPU, turning away from violence. How did women contribute to the war effort? Attitude of campaigners to the outbreak of war: * WSPU called off campaign and contributed to the war effort. * Emmeline and Cristobel Pankhurst started ‘Right to serve’ campaign demanding bigger roles for women. * Sylvia Pankhurst headed a breakaway pacifist movement opposing the war. * NUWSS – Millicent Fawcett backed the effort and NUWSS helped enrolling women to work in factories. Continued to campaign for suffrage but more low key. Roles of women during the war: * Supporting men – run families whilst men away fighting (extra responsibility) * Occupied position in the workforce. * Worked in expanded armaments factories and other jobs vacated by men. * Vital especially after munitions crisis of 1915 and by 1918 6 million women in employment (mainly munitions). * Suffered poor conditions e.g. ‘canaries’ who worked with dangerous chemicals (sulfur) * Canaries skin went yellow, some were sterilised by chemicals and some got kidney and liver disease. * Women’s land army – 16,000 women joined army to grow food, act as nurses and drivers. Problems women faced: * Balancing work and home * Food problems – rationing and food prices * Monetary problems – rent strikes, resolved by Rent Restriction Act. * Separation allowances – money paid to wives of servicemen and a pension if he died at war. Changing social attitudes: * Motherhood – Mother’s day introduced in 1916 to celebrate importance of women. Raised profile of mothers and encourage growth of birth rate, including recognition of unmarried mothers. * Greater social freedom – utilised extra income and numerous affairs leading to growth of STDs, some councils attempted a curfew to solve problem. Why women were given the vote in 1918 Problems with the franchise: * Wartime problems – many men lost the right to vote and registers out of date * Lobbying by Fawcett and NUWSS – petitioned electoral conference held in 1917 Details of the 1918 Representation of the People’s Act * All women over 30 allowed to vote and become MPs, all men over 21 could vote * There were some concerns over the majority of the electorate being women and young women lacking maturity Reasons for female suffrage in 1918: * Changing attitude of politicians – more sympathetic Lloyd George now PM * Contribution to the war effort – war work gave ideal reason for many politicians to end opposition * Limited female suffrage – appeased moderate opponents * Fear of return to suffragette militancy – avoid prospect of locking women up who had helped the war effort Campaign did not end until 1928 when the age of voting was equalised to 21 Impact of WWI How were civilians affected by the war? Recruitment: * Initial voluntary campaign led by Kitchener *  ½ million men joined in first month, 2.5 million by March 1916 * Men kept together in ‘Pals Battalions’ * Liberal Government wouldn’t force people to join up * In 1914 Britain had a huge empire but army of only 250,000 men * January 1916 Conscription Act passed making all men ages between 18-41 eligible for military service * Those in vital war industries were kept back Conscientious Objectors: * People who would not join up – mainly religious or humanitarian reasons e.g. Quakers * Mostly viewed as cowards by general public and referred to as ‘conchies’ * Given white feathers to shame objectors into joining up * Government – set up tribunals to decide if there were genuine reasons not to go to war * Could force them to help war effort in non-combatant roles on front line * Those who refused were imprisoned, if refused orders they were shot. Threat of shells, bombs and fear of invasion: * Shelling of coastal towns – December 1914 shelled Scarborough, Whitby and Hartlepool killing 119 people * Zeppelin and Gotha bombing raids – smaller zeppelins started bombing January 1915 – responsible 564 deaths and 1370 injuries. Later larger Gotha airships from May 1917 responsible for 835 deaths and 1990 injuries. First time UK vulnerable to foreign air attack. * Preparation for invasion – shelling of costal ports lead to plans issued in event of invasion. Organising Britain for war: * Defence of the Realm Act (DORA) – August 1914 * DORA gave government powers over nearly all areas of life including seizing businesses, land and controlling the spread of information * Control of industry – mining industry taken over by government, improved wages of workers. * Lloyd George headed new Ministry of Munitions created after shell crisis of May 1915. * Introduced modern techniques and dramatically improved efficiency – controlled over 20,000 factories. * Took over shipbuilding, mines and train networks. * Brought in drinking laws, controlled pubs (watered down beer) and controlled football fixtures. * Railways – needed to move troops around to ports to send them to France. Guaranteed the companies the same profit levels as 1913. Same thing happened with mines. Controlling food production: * Threat to food imports – UK relied on foreign imports of food and with the unrestricted German U boat campaign from 1916 faced severe food shortages and by April 1917 had 9 weeks supply left. * Germany wanted to ‘starve Britain to the negotiation table’ * Imported: 80% wheat, 50% milk, 50% fruit and veg, 100% sugar. * Improve supply of food – focus on expanding cultivation by increasing amount of arable land and expand agricultural workforce with Women’s Land Army. * Rich people bought more food than they needed causing prices to rise. Rationing – Also Ministry of Food of food set up anti-waste campaign and subsidised price of bread. * Voluntary rationing replaced by compulsory scheme in 1918, rationing included meat, sugar and butter. Ended in 1920. * Changes to British lifestyle – Asquith ran war effort as ‘business as usual’. * Lloyd George attacked waste, idleness and drunkenness and introduced restrictions on public entertainment (e.g. banning sports event and public holidays) and the sale and consumption of alcohol – introduced idea of total war effort. * Loss of holidays lead to strikes in 1917 and 1918. How effective was Government propaganda during the war? Newspapers: * Tight controls on what journalists on the front line could say. * Censored the wording of the reports. * No casualty lists until May 1915. * Ministry of Information censored letters home from soldiers, soldiers felt betrayed that their families believed the lies produced by the newspapers. Posters, postcards and cartoons: * Useful visiual impact, 110 were published during the war, 5 million copies issued. * Range of messages – anti-German, anti-waste and morale raising themes, recruitment. * All avoided any explicit description of the war. * Used postcards to develop themes e.g. ‘Telling the Story’ which showed the progression of a young soldier to his proud parents and family. Official photographs and paintings: * Low number of official photographers at the start of the war, 4, compared to Germany’s 50 and France’s 35. * Weren’t allowed to photograph dead bodies. * Later when Lord Beaverbrook became Minister of Information he gave the photographers more freedom as he wanted to collect a record of the war. Official films: * Used as newsreels. * Aimed to persuade people to help the war effort by mocking German’s and praising the British effort. * Most famous, The Battle of the Somme, consisted of staged and real footage. * Played to huge audiences and shocked many people with graphic scenes of death. Why did some women get the vote after the war? * Lloyd George had replaced Asquith in 1916 and he was more sympathetic to the idea. * Soldiers had lost right to vote by being abroad for a long time, needed more voters. * War work by women destroyed arguments of MPs against votes for women. * Many men were now in favour of women getting the vote after their contribution to the war effort – Britain may have lost the war without their help. * One of the arguments against women getting the vote was that they couldn’t help to defend their country, this argument was now invalid. * Conservative MPs were happy women under 30 wouldn’t get vote as they were worried young working-class women vote Labour. * Liberal and Labour MPs were happy all women over 30 would get the vote. This meant working-class, middle and upper class, so they wouldn’t all vote Conservative. * The Government was afraid that the suffragettes would restart their campaign after the war and didn’t want to imprison those who helped them win the war. On the other hand: * Many men, especially those in trade unions, did not welcome women workers in the First World War. They were worried that they would work for lower wages and take their jobs. They were not impressed by the work that women did! * Some women did not support the war effort, for example, Sylvia Pankhurst. She campaigned against the war. Some members of the NUWSS continued to campaign for votes for women. Did the Government really feel it wanted to reward these women? * The women who did much of the really dangerous, hard, and crucial work in the war were young and working class, for example, the munitions workers. And yet they were not given the vote in 1918! After the war What was the attitude of the British people at the end of the war towards the Germans and the Paris Peace Conference? Attitudes towards Germany: * Impact of wartime propaganda and casualty figures – effect of anti-German propaganda and UK casualties of over 600,000 * Felt Germany should be severely punished as they started the war * Public mood and the 1918 election – Lloyd George and the Conservatives dominated the collation given mandate to ‘hang the Kaiser’ and ‘squeeze Germany Attitudes towards war in general: * Influence of war poets – Sassoon etc. changing the image of war * Rise of pacifism – anti-war mood, First World War seen as the ‘the war to end all wars’ * Changing attitudes towards the Peace Treaties – Keynes and other criticisms of peace treaties leads to change in public attitude

Coral Divers Resort Case Analysis Essay

Strategic Recommendation: What do you advise Coral Divers to do? Core divers Resort (CDR) should focus on making their current business operation more efficient by keeping an eye on operating costs and partnering with adventure resorts for customers who wants adventure diving. The company financials cannot support any expansion for family oriented resort with the company being over leveraged with little cash and liquidity. Secondly, this strategy has ease of implementation and provides a profit increase of 10% with little capital expenditure Also, Greywell has built a lifestyle around the Coral Divers Resort business and enjoys it with his family. Selling the resort with his little equity in the business will not provide enough money for him to start a new business in another location. Focusing on being more efficient is more profitable for the company as the industry is in its maturity phase with stiffer competition and readily available substitutes. What do you think Coral Divers would like to accomplish over the next 5 years? Coral Divers is experiencing declining revenues and unprofitability for the past three years. Other resorts that have been able to specialize in certain segments of the diving industry, Coral Divers have been unable to distinguish themselves from other resorts. Coral Divers Resort (CDR) is looking to differentiate itself from other resorts in the New Providence, Bahamas region. The company is looking for opportunities in the diving industry to find a unique niche and gain a competitive edge that will lead to an increase its revenues. Strengths The resort has a beachfront location, the rich resource of the ocean is within close proximity and have developed a good reputation as a quiet and safe resort which appeals to vacationers looking to get away from busy tourist resort hotels. The diving instructors in the resort are certified by PADI and NAUI. Weakness It is a family- run one-service business that is inefficiently operated. It is heavily leveraged making it difficult to get funding for further expansion while facing stiff competition. Opportunities There are opportunities in the diving industry to find a unique niche market (adventure diving, family oriented resort) for Coral Divers and gain a competitive edge that will lead to an increase in its revenues like providing additional service to customers eg picking and taking clients to the airport and other educational services about scuba diving which requires less capital expenditure. Threats The bleaching impact of climate change on coral reefs makes them to lose their beauty, making diving less attractive for divers. The recent surge in airfares and the changing demographics are potential could reduce the customer base of diving resorts. Current Ratio The current ratio of CDR shows that the company is not able to service its current obligations. The resort’s short –term assets cannot cover its current obligations of $88,476. However quick ratio value of CDR will provide a clearer indication of the company’s liquidity and success in meeting its obligations. Quick Ratio CDR quick ration of 0.1875 suggests that the company has a very low ability to service its maturing short- term obligations. This ratio is a more  reliable variation of the current ratio because inventory, prepaid expenses, and other less liquid current assets are removed from the calculation. In other words, it shows how CDR can quickly convert its assets to cash without a loss in value if necessary to meet its short-term obligations? The resort’s low quick ratio makes it difficult for the resort to meet creditors requirement and obtain further funds for future business expansion since they operate a business that does not provide a steady and predictable cash flow. Favorable liquidity ratios are critical to creditors within the resort’s industry. Return on Assets The negative return on CDR’s asset shows that the company’s asset is not used effectively to generate profit and shows the business is not profitable. However, the assets in the resort are highly depreciated which is unusual and it is affecting the return on assets. CDR should reduce its depreciation expense since the resort is not fully booked in the low rental seasons of the year. The resort’s return on assets of -5.75% indicates there is a need for improvement in this area to ensure the company can remain competitive and continue to operate successfully. Return on Equity The percent rate of return on equity for Coral Divers Resort is -87.04%, which indicates that there is absolutely no profits earned based on the owner’s investment in the resort and it would be harder getting a positive return when extra capital is added to the resort. Debt to Total Assets CDR debt to asset ratio of 0.934 indicates that the company can barely meet its long-term obligations, remain solvent, and avoid bankruptcy. This shows that the company can barely withstand more losses without harming creditor interests making it really difficult to obtain additional financing for expansion. Debt to Equity The debt to equity ratio for CDR is 14.12 show which that the company is  heavily leveraged and that most assets the resort has is financed by debt. This creates issues around controlling stake in the company when more debt is added to the company. On what basis do customers choose Coral Divers or competitors? Scuba diving trips to Bahamas tend to be luxury items and therefore it is more likely people would travel during good economic conditions, the amounts of disposable income people have and the weather condition. Are the driving forces causing demand for this service likely to increase or decrease? The driving forces are likely to increase in the future, there has been increase in the population of scuba divers in the last 20 years and the economy is recovering from the last meltdown. Are the driving forces acting to make competition more or less intense? The driving forces are making competition more intense. There are 26 officials diving operators in Bahamas with different program offerings. Most of the resorts are well known for their high quality services and the brand awareness and recognition is present between the groups of tourists who choose to dive in the Bahamas. The capacity and additional services offered by the hotels for additional revenues makes the competition even harder. Will the driving forces lead to higher or lower industry profitability? The driving forces has the potential of leading to greater industry profitability due to the increase in the number of active high paying divers. Does this industry offer good prospects for attractive profits? The profits of the industry is limited, there is higher competition, and the scuba diving industry entering into the maturity phase. Although there is some industry growth, the current marketing appeal of a diving resort is facing high competitions from other leisure alternatives. Sustainable Competitive Advantage Tests: Does this business have a resource that is valuable/rare? The resort has a beachfront location, the rich resource of the ocean that is within close proximity and have developed a good reputation as a quiet and safe resort which appeals to vacationers looking to get away from busy tourist resort hotels. The diving instructors in the resort are certified by PADI and NAUI. Is the resource competitively superior? The resource of Coral Divers is not competitively superior when compared to its competition. Do they have a resource that is hard to copy? Coral Divers resource is easy to copy as anybody with a nice location, boats and the necessary certification from PADI can start a resort. Can the resource be made obsolete by the different capabilities of competitors? With the emergence of different types of diving, CDR’s resource is been made obsolete due to non-distinguishing brand, adventure diving and family oriented resorts Is the firm organized to exploit its valuable, rare, costly to imitate resource? Coral Divers has failed to exploit its resource due to increasing cost, negative return on equity and three years of loss Do you think this company has a sustainable competitive advantage? The company does not have a sustainable competitive advantage and would face stiffer competition in the future. Other resorts that have been able to specialize in certain segments of the diving industry (adventure diving, family resort) and have been successful over the past years as the industry continue to grow. How intense is the rivalry of existing competitors for consumer dollars? The rivalry is really intense; the additional services offered by the hotels for additional revenues makes the competition even harder. How likely/easy would it be for new competitors to enter this market? Anybody  with a nice location, and the necessary certification from PADI can start a leisure resort. Do customers have a lot of competitors to choose from or very few? There are 26 officials diving operators in Bahamas with different program offerings. Most of the resorts are well known for their high quality services and the brand awareness and recognition is present between the groups of tourists Are there any firms in other industries offering suitable substitutes? There are several firms and industries offering substitute e.g. movie, sports, game etc. Porter Five Forces Analysis Supplier Power The supplier power is minimal, the business is service based and is vertically integrated. Degree of Rivalry There is high degree of rivalry and cost of competition in the diving industry leading to lower profitability Buyer Power Buyer power is high, there is low cost in comparing price and services of resorts. Service and amenities provision to customers is really important. Threats Of Substitutes There are several substitutes ranging vacation elsewhere to other leisure activities like sports, golfing, boating, skiing and other technology products e.g. video games, and movies. Threat Of New Entrants Although it is easy to open a resort, there is medium threat of new entrants due to high competition and the industry being in maturity phase.