Introduction to the Law of Evidence Essay Example | Topics and Well Written Essays - 2000 words

Introduction to the Law of Evidence - Essay Example However, in case the police arrive at a crime scene and there is no suspect within the site, then the police officers have to conduct a thorough investigation of the crime scene and look for any possible links that could lead to the identification of the real suspect. In most occasions, the police dust for fingerprints at the crime scene in order to discover who was at the scene of crime and perhaps try to identify the key suspect(s). Additionally, in the recent past, police officers have been dusting the crime scene for ear prints even thou there has been heated debate on the reliability or accuracy of ear prints as evidence to a similar extent as fingerprints. In this regard, the National Training Center for Scientific Support for Crime Investigation in the United Kingdom has been a compiling a database for ear prints in order to prove that ear prints are not similar and hence, they can be equally used as evidence (Dennis, 2013). This present essay aims at providing answers to prob lem questions that are based on a case study that revolves around the law of evidence. 1. Whether the prosecution can rely upon ear prints and fingerprints as evidence To begin with, Smith and Gordon (1997) described evidence as a piece of information that aims at proving or refuting facts that have been presented. In law, evidence provides a basis for understanding what happened at a particular time. In the writings by Dennis (2013), he wrote that law of evidence is â€Å"the body of rules that determine whether and even how a piece of evidence can be used as a means of proving a fact.† Moreover, the law of evidence regulates what can be legally admissible in the court of law for the purpose of proving or refuting facts that have been presented in a given case and even, on occasion, how the court should consider the evidence that has been presented. In normal police investigations, police officers always try to discover who was at the crime scene, before, during, and after a crime has occurred, which could range from murder, burglary, or even rape. In order to identify the presence of somebody in a particular crime scene police officers look for Deoxyribonucleic acid (DNA) sample. Calladine et al. (2003) described DNA as â€Å"a molecule that encodes the genetic instructions that are used in the functioning and development of all living organisms. Police investigations rely on DNA samples, which can be obtained from blood samples, hair, fingerprints and even ear prints, because they are purely identical or interlined to one single person. Berry and Watson (2003) clarified on this point by stating that it is only DNA samples of identical twins that may match to a greater extent but ordinarily DNA are restricted to one particular person. Based on this knowledge, prosecutors greatly rely on DNA samples to prove the presence of a particular person at a crime scene and hence, relate him or her with the crime committed. In the present case study, police off icers carrying out investigations into the death of Jeremy Spring dusted the deceased apartments for fingerprints and ear prints in order to identify the likely suspect, who murdered Jeremy Spring. Henry Wynther’s fingerprint and ear print sample were found within the apartment but the fingerprint sample had only six matching ridge characteristics while the ear print only showed gross features. With reference to the writings by Ramsland (2013), it can be stated that the prosecution

Theory Analysis Essay Example for Free

Theory Analysis Essay The ultimate goal of theory evaluation is to determine the potential of the theory to scientific knowledge. Hardy †¢Theory evaluation: o meaningful and logical adequacy oOperational and empirical adequacy oTestability oGenerality oContribution to understanding oPredictability oPragmatic adequacy Logical adequacy (diagramming) identifying all theoretical terms (concepts, constructs, operational definitions, referents). Theory is a set of interrelated concepts and statements Emprical adequacy- single most important criterion for evaluating a theory applied in practice. Margaret Ellis Identified characteristics of significant theories Scope Complexity Testability Usefulness Implicit values of the theorist Information generation Meaningful terminology Choose two of the theory evaluation approaches that are discussed in chapter 5 of McEwen. Locate the original sources of these two theorists; some articles are in Course Resources for you. Compare and contrast the strategies that they advocate for theory evaluation. What commonalities do you see? How do the two approaches differ? Could you use a synthesized version of the two approaches? Share your insights with your group under Analytic approaches topic. All postings due by 10/12. I chose to compare and contrast the theory evaluation approaches of Rosemary Ellis and Margaret E. Hardy. Ellis uses various characteristics such as scope, complexity, testability, usefulness, implicit values, information generation and meaningful terminology to identify the significance of nursing theory (Ellis, 1968). Hardy on the other hand, has a different set of criterion for evaluation theory: meaningful and logical adequacy, operations and empirical adequacy, testability, generality, contribution to understanding, predictability and pragmatic adequacy (Hardy, 1973). I noticed more similarities than differences in the two theory evaluation approaches. The first similarity I noted was that both theorists referred to hypothesis as a defining component of the development of a theory. Ellis states that theories are insignificant if they do not generate a hypothesis of some sort (Ellis, 1968). Hardy states that a theory is made up of â€Å"hypothesis derived from axioms, initial hypothesis or postulates† (Hardy, 1973). The second similarity I found between both theorists was the characteristic of â€Å"usefulness† as a prime characteristic for the significance of a theory. Ellis states that theories are not considered significant if their usefulness is not explored to develop and guid e practice (Ellis, 1968). Similarly, Hardy has a characteristic of pragmatic adequacy, which is essentially the usefulness of a theory (Hardy, 1973). The third similarity I found was the characteristic of â€Å"information generation† used in both theory evaluation approaches. Ellis states that significant theories are â€Å"capable of generating a great deal of new information† (Ellis, 1968). Hardy’s characteristic of â€Å"contribution to understanding† is similar in that it explores new ideas, insight, and different ways of looking at the theory (Hardy, 1973). The last similarity I found was the shared characteristic of generality and scope. Ellis states that the broader the scope of the theory, the greater the significance of the theory (Ellis, 1968). Similarly, Hardy believes the more general a theory is; the more useful it is (Hardy, 1973). I noticed a few differences between the two theorists. The first difference I noted was their views on the testability of a theory. While Ellis lists testability as a characteristic, she does not require it to be significant to the evaluation of the theory. She goes so far as to say that â€Å"testability could be sacrificed for scope, complexity, and clinical usefulness† (Ellis, 1968). On the contrary, Hardy lists testability as an important attribute to evaluating a theory, and goes into further detail on how to measure the theory. The most obvious difference between the two approaches is the contrasting characteristics listed to evaluate the theory. Hardy lists logical adequacy, operational/empirical adequacy and predictability, while Ellis lists complexity, and implicit values of the theorist. I do think that there could be a synthesized version of the two approaches since they do share more similarities than differences. I would chose Margaret Hardy’s approach over Rosemary Ellis’s, due to the detailed characteristics listed in her evaluation method. I felt her points were more concise, and worked well together as a criterion for evaluating a theory. References: Ellis, R. (1968). Characteristics Of Significant Theories. Theory Development in Nursing, 17(3), 217-222. Hardy, M. (1973). Theories: Components, Development, Evaluation. Theoretical Foundations for Nursing, 23(2), 100-106.

SERVICE SYSTEMS :: Business and Management Studies

SERVICE SYSTEMS There are many establishments where food is served outside the home, these include: Ø Commercial o Restaurants o Cafà ©Ã¢â‚¬â„¢s Ø Non-commercial (Institutional/On-site) o Business o Government o Education Ø Military In each type of establishment food will be served in a different way, service systems are defined by what dishes and utensils are used, but mainly by the manner of presenting the meal to the customer, clearly the type of service is defined by the desired target customer. These are the major food service systems: Table service Ø Plate service Ø Gueridon service Ø Silver service Ø Family service Other Service Types Ø Buffet Service Ø Take away service Ø Counter service Ø A la carte Ø Table d’hote Specialist food service systems Ø Hospital Service Ø In-Flight Meal Service Type of service depends on the menu, dà ©cor, uniforms, table settings, ambiance and cuisine. Table Service Table service is a method of food service in which the waiter brings customers’ food to the table and places it in front of them. There are a number of different styles of table service: Plate service / American service All food is cooked, portioned and plated in kitchen. It is then served by a waiter to the customer, generally this is done from the right with the right hand. This type of table service reduces staff requirements compared to other types e.g. Gueridon service. Advantages Ø Casual dining Ø Portion control Ø Less service skill needed Disadvantages Ø Less personal Ø Guests can not choose portion Guà ©ridon (French Service-service à   la franà §aise) This is an elaborate type of service in which the guest’s food is prepared in the kitchen and is subsequently arranged on silver salvers, which are placed on and served from a small cart called a Guà ©ridon. The food is heated or flamed at the table side using a small heater placed on the cart; three courses can be served from the tableside Advantages Ø Elegant, Ø Showcases food, Ø Great amount of checking of food can be done Disadvantages Ø Need highly trained staff, Ø High labour costs Ø Capital investment in cart Ø Large amount of space is required for the cart to go around the table Ø Fewer tables in dining room. Silver Service (Russian service, or service à   la russe) The food is prepared and portioned in the kitchen and placed onto silver platters, a dinner plate is placed in front of the customer, in general the right side is for plates and left side is for food – Counter clockwise. Served to the customer using a fork and spoon from the silver platter. This service system is used in banquets. Advantages Ø Elegant Ø Faster than French Service Ø Fully cooked, hot food served at the table quickly

Crime is a complex and evolving concept Essay

Crime is a complex and evolving concept. To what extent can it be explored by focussing on social harm? This essay aims to explore and critically evaluate some of the ways ‘crime’, in both its lawful definition and commonly interpreted definition can be broadened, from context-specific behaviours and explore how social harm may be a useful concept in understanding ‘beyond the border’ of crime (Open University, 2010). Social harm is a ‘disciplinary approach organised around the concept of harm’ (Open University, 2010). This approach encompasses ‘physical harms’ inclusive of ‘premature death’ or ‘ serious injury’, ‘financial and economic harm’, ‘emotional and psychological harm’, ‘ sexual harm’ and ‘cultural safety’ (Open University, 2010). The primary ideology of social harm is to show that the standard notion of harm does not fully include the harms that o rganisations cause globally. The social harm concept is trying to understand the harms that occur within society. It examines the harm that occurs in society and also attempts to understand the sorts of behaviours that cause the greatest level of harm. The way that those harms are both perpetrated, how these harms are viewed from different levels of society both locally and globally (Open University, 2010). ‘Crime’ is thought of as destructive or violent personal acts or behaviours such as drug offences, knife crimes and sexual assaults. In western societies, a typical definition of ‘crime’ is ‘doing something forbidden by law’ (home office, 2007). The limitation of this definition is reliance on the knowledge a crime has been or is being committed and being able to obtain substantial enough evidence to hold a person accountable for their actions. ‘Invisible crimes’ such as ‘abuse, slavery and trafficking’ are overlooked as a focus on ‘street crime’ such as the ‘war on drugs’ is spotlighted (Open University, 2010). It is this stereotypical ‘street crime’ that carries the brunt of attention in both a historical criminological perspective and a general public view on criminality (Open University, 2010). When exploring the legal construction of ‘crime’ Paul Tappan (1947 PG 1 00) defined ‘crime’ as, ‘An international act in violation of criminal law (statutory and case law), committed without defence or excuse and penalised by the state as a felony or misdemeanour’ (Open University, 2010). With this ‘argument taken to its logical conclusion’, there are conditions that have to be fulfilled before any act  can be legally defined as a crime (Open University, 2010). The ‘Act must legally be prohibited at the time it is committed’, the ‘mens rea’ and ‘actus reus’ must be present in the mind of the perpetrator and there must be a pre ‘prescribed punishment for the committal of the act’ (Open University, 2010). Criminal law ‘tends to individualise crime’ although as no crime can be given a punishment unless it has already been deemed a crime it shows considerable ambiguities within the construction of crime itself (Open University, 2010). The powerful and elite both ‘define and evade’ the law locally and globally. It can be argued that ‘crime’ is a social construction created by the powerful for the benefit of the powerful and exploring this in relation to social harm highlighted further imbalances within this framework (Open University, 2010). Acts and behaviours may be more damaging and have far wider consequences although these do not fall under the crimin al spotlight. Eco crime is a crucial example in highlighting the imbalances within the notions of criminology. There is ‘Mounting evidence regarding the perils facing earth’s sustainable development and the causes and consequences of environment threatening events’ (Open University, 2010). All forms of pollutants are ‘key cause of death and disease. Air pollution causes around ‘800.00 (1.2% of total) premature deaths (Cohen et al., 2005). Global warming is referred to as a ‘weapon of mass destruction’ by the IPCC (IPCC,. 2007). As the amount of deaths caused by Eco Crimes is growing, the number of environmental laws are ‘expandng’ (Open University, 2010). ‘Collectivly there are more treaties, protocols, directives and statutes that address environmental issues than any other area of law’ (Open University, 2010). This although is still not sufficient for solving the issues that arise with eco-crime, as cross-cultural regulations and laws lead to ‘major problems’ when trying to reduce ‘cultural harm’ and damage to the environment. The large corporate oil company British Petroleum (BP) has been involved in numerous cases of crimes against the environment. According to a newspaper article, published by The Guardian in December 2007, over ‘200,000 gallons of crude oil’ were released into the ‘wilderness’ in Prudhoe Bay, Alaska (Open University, 2010). This although an act of pollution covered by regulation and law never led to any criminal convictions or personal  accountability. BP were only held responsible for their action in a lawsuit filed by Alaskan officials (Open University, 2010). This highlights a large inconstancy with what we perceive Justice for a criminal act, this, in the western notion of crime usually involves individuals taking responsibility for the actions committed and receiving a punishment in the form of a custodial sentence. Further in the article it details the confirmation of plans that BP had finalised to begin mining oil in ‘Tar Sands’ (Open University, 2010). It is described as ‘the greatest climate crime’ by Green Peace as ‘100m tonnes of greenhouse gasses’ will be admitted into the atmosphere annually and it is said to ‘kill off 147,000 sq km of forest’. Bp accepted responsibility and did not deny the enormous carbon footprint that they would be leaving in the environment, they argued the fact that oil is an amenity that is a crucial part of modern day life and ‘new supplies’ are needed to ‘meet increasing demand for oil products’ (Open University, 2010). This again is an incident of BP severely harming the environment although oil is of high importance within society and it could be argued that ‘provided it is extracted legally’ and safely the side effects and damage to the environment will usually be put down to ‘unavoidable side-effects’ rather than a criminal offence (Open University, 2010). Large corporate companies have been involved in many environmental issues but this is overshadowed by their position of power, in the case of BP it is supply and demand, as the majority of the population in western communities rely on the oil mined for by BP the damage can be overlooked as long as BP are operating in a legal framework for trade. In some cases it has been known that corporate power play a large role in ‘lobbying governments’ in an attempt to challenge regulations and laws that they view are ‘limiting their activity’ (Open University, 2010). Corporations work hard in an attempt to ‘pre-empt’ regulatory routines to ‘avoid legal restriction (Open University, 2010). The ability to apply ‘crimininal law’ to damaging Moreover, harmful activities are problematic. ‘It is difficult, if not impossible to quantify the scale of corporate harm’ although there also lies a problem with pinpointing the source of harm as air pollution can have a global effect. Unless someone is killed as a direct result of contamination that can be traced back to a source there, is no way of defining or controlling boundaries of responsibility. When looking at this from the perspective of social harm it  is clear to see that the level of harm inflicted on people and the environment although wholly unmeasurable is a product of power that affects people on a global level. The concept of crime does not ‘take into account a wider range of conduct’ that defines a behaviour as ‘criminal or not’. A social harm perspective will allow exploration of harms and damage that look beyond the short term benefit to society and take into account the long standing effects that may occur if these acts and behaviours are allowed to be committed (Op en University, 2010). In conclusion, I feel that exploring crime focussing on social harm highlights the ‘space between and within the laws’ in both local and global legal systems. Taking on more of the concepts of social harm will allow for a deeper insight into what effect the corporate power has over the governments and the shaping of laws and regulations. I do not feel that the social harm theory is able to replace the notions of criminology but will aid in exploring the full extent that actions and behaviours have, even if they are committed within an entirely legal framework, on everyone involved and make a fairer and more balanced legal system. References OPEN UNIVERSITY DD301/BOOK 1, MUNCIE, J., TALBOT, D. and WALTERS, R., 2010. Crime: local and global. Chapter 5: Crime, harm and corporate power. Cullompton: Willan Publishing, in association with The Open University. OPEN UNIVERSITY DD301/BOOK 1, MUNCIE, J., TALBOT, D. and WALTERS, R., 2010. Crime: local and global. Chapter 6: Eco Crime. Cullompton: Willan Publishing, in association with The Open University.

Form of education Essay

â€Å"Education is the key to success†. Everyone knows about it. Education come in many forms, that’s why many people are speaking and writing about it, some with authority and some are ordinary. But does everyone knows the real meaning of Education? How can we say that we are already educated person if we don’t know exactly the real definition of the word Education? And how can we apply it in our daily lives? Education is a stage of such a process which develops your knowledge to learn different things or simply it is the field of study that deals mainly with methods of teaching and learning in schools. There are three forms of Education. It can be Education of Heart, Education of Norm and at last Education of Dominion. The Education of Heart tackles about the education for the perception of the Individual. While, Education of Norm is all about for the perception of the Family and lastly the Education of Dominion (Intellectual, Technical, and Physical Education) it is the education for the perfection of the Nature of Dominion. Education is the most important thing in our life. It is a gift from above which cannot be taken away from us and can bring us to the top of our dreams. Education is not only by going to school, it can happen by a lot of ways. And it is important specially for those people who can’t afford to go to school, because of their status in life. And they believed that through education, one person’s knowledge can be enhanced and improve. The greatest treasure that everyone must have is Education. It’s like planting a rice; at first you need to execute more efforts, time and skills. Then, wait for the right time to harvest. Education is an important tool that is applied in the modern world to succeed, as it lessen the challenges or obstacles which are faced in life. For some people they compared Education as a special ingredient for a cooking recipe. They’ve said that any kind of dishes will never become delicious if it doesn’t have a complete and satisfying ingredient. The foundation of the society is based on Education, since it brings social and economic prosperity. Education offers a setting in which language, tradition, culture and values of the society are developed. Education has played a major role in the modern life to all individuals in the society and also in the industrial world. Employment is based on education, as employees must have the required skills that correspond with the technology to do their different tasks. As the technology keeps improving , more and more people using it in their lives. Therefore, education grown bigger because people nowadays are learning different things from this technology. Education can mold a personality of an individual. It can help one person to further to his or her own future. A good quality education is not only choosing a good school, it’s choosing a school that can handle different attitudes of students and still can teach them the right path to be a good citizen. There’s no young and adult in education as long as you want to reach your goals and your prepared enough to fight for it. Learning is an education and experience is an education too. But sometimes learning something new can be a scary experience. Specially for those times that you have been facing your fears. But it doesn’t mean that we should be afraid to overcome our own fears and mistakes because we can learn a lot from this things and sometimes it can be our guide to become a better and more stronger one. Although we already know that education is an important thing that everyone must have, but for others it still have disadvantages. Knowledge is power; though it is widely accepted that it is essential for growth and development of an individual, but sometimes it is the reason for some discrimination. Some forms of education blindly impose ideas upon young minds instead of teaching them to think for themselves. A lot of people gathered their knowledge based in their experience for which there is no substitute. An education system is very helpful in developing and improving the quality of human life. Living in this contemporary world is very hard to succeed. That’s why it is better to have a good quality education. Education will be our open doors to attain the training and learning experiences for career opportunities that we need to fulfill in our dreams. Through education we can learn how to enhance life skills such as critical thinking skills, a healthy living lifestyle and self-confidence. It also helps to build our personality to learn how to use good manners, and having respect for others. We learn healthy and productive ways to grow into socially active adults.

Beneficials of Expert System in Health Sector Essays

Beneficials of Expert System in Health Sector Essays Beneficials of Expert System in Health Sector Paper Beneficials of Expert System in Health Sector Paper A case referring to the beneficial use of the expert systems in the health sector was the attempt of the LDS Hospital in Salt Lake city,Utah to build â€Å" the most complex artificial intelligence system ever created† according to the words of DR David Classen. Its name was AIC or â€Å"Antibiotic Computer Consultant† and it was part of HELP(Health Evaluation through Logical Processing), which was LDS’s hospital information system. The latter was existed, before the implementation of the Expert System. The role of AIC was to help doctors determine proper antibiotic treatment for specific patients. Achieving the specific purpose,the Expert System followed the above stages: 1) The doctor turned to the system with information on the infection type and site, and also identified the patient to the computer. 2) The system determined the pathogens, which are likely to have caused the infection. 3) The software examined the patient’s medical records( through the HELP information system) and searched for similar cases nationwide. 4) Finally, it displayed the five most likely antibiotic regimens to be effective and the cost of the prescription for each one. Altough,the system was extremely rewarding and expanded to include other cases involving antibiotics, some criticisms were made against it. It was stated that the system was unwieldy and that physicians had to enter much information, which was useless. Of course, the best answer came straightly from the physicians, who highlighted many important benefits of the AIC. The 88% of them believed that the use of AIC was very simple and they would recommend it to other colleagues. Another 85% stated that the program improved their selection of antibiotics, and 81% agreed that it enhanced patient care. Concerning its usability, doctors access into the system 3 times a day. Eventually, regarding AIC’s efficacy, a study in the medical journal Archives of Internal Medicine suggested that doctors selected the best treatment in 775 of the cases, but the computer achieved a 94% correct rating. Therefore, the AIC supported the judgement of the doctors with useful additional information, so as to be able to take better and faster decisions.

Social Psychology Passionate Love vs Compassionate Love Essays

Social Psychology Passionate Love vs Compassionate Love Essays Social Psychology Passionate Love vs Compassionate Love Paper Social Psychology Passionate Love vs Compassionate Love Paper Romantic and companionate love How can we distinguish between romantic (or passionate) love and companionate love? Discuss with reference to theory and research. It is said that every human has the desire to affiliate with others and we are not stand-alone units. Despite we may get hurt during the affiliation with the other parties, we still desire to be loved and to avoid being isolated, this is mainly due to the social anxiety and loneliness in our daily lives. Research done by Schachter (1959) presented that, people who is under distressing experience will have the tendency to ook for informal social support or attention of the other people, even if they are completely strangers with each other. Although humans have the strong urge to be loved, they often cannot distinguish between romantic (or passionate) loveand compassionate love. 1 . Lees Typology of Love Theory Therefore, there are a number of theories and research are developed by social psychologists in order to explain the difference between romanticlove and compassionate love. The first one is Lees Typology of Loveproposed by John Allan Lee. According to Gregory P. (2012), Lee opined that there are six types of interpersonal ove comprised of three primary types and three secondary types. In Lees book with the title The Colours of Love,he gives explanation to each type of love and resembles each of them with acolour. Just like the colours of a rainbow that are made up of three primary colours red, blue and yellow, he commented that this is the same to the types of love and by fusing these three primary types of loves, six styles will arise. Eros, Ludus and Storge are the three primary types of loves whereas Mania, Pragma and Agape are the three secondary types of loves after the combination between the rimary styles in various ways. Firstly, Eros (Red) lovers are passionate and constantly searching for passionate lovers too. They view their mate in aesthetic way and this usually involves sensual and sexual enjoyment. Eros is regarded as the stereotype of romantic or passionate love. Secondly, Ludus (Blue) lovers are deemed to be flirty and playful as they view their love as a gameplay. They do not concern much about the commitment towards the relationship because love for them is simple and fun. It is often that their love is full of varieties. Thirdly, Storge (Yellow) lovers are affectionate overs that slowly evolves from friendship due to similarity in taste, preferences and beliefs. For them, friendship and intimacy are more significant than sex and passion. Next, Mania (Violet) is the combination of Eros and Judus. This type of love is of high volatility, which means that it goes between the extremes of highs and lows, thus making the relationship full of uncertainties. Manic lovers get Jealous and obsessed easily and they would like to have a controlling power over their partners and the ending of their relationships are usually so devastating that they will end up ourning their lost love for a long time. In the other hand, Pragma (Greem) is the on logicality and practicality driven by the brains. Normally, cost-and-benefit analysis is done before the relationship is carried out and certain social requirements are needed in order to sustain this type of relationship. Lastly, Agape (Orange) is the combination of Eros and Storge. This type of love is selfless, altruistic and unconditional. Agape seems to be the truest love among the other types of love. Cassie H. (2010) states that Clyde Hendrick and Susan Hendrick expanded on Lees Typology of Love theory through extensive research and found out that relationship based on similar love styles seems to stay longer and thereby concluding that people are inclined to find somebody with same type of love styles as their partners and reject others who do not fulfill into the similarity. This theory narrows down the type of love into six, however, it is superficial to categorize the love into different types and this theory is difficult in distinguishing between passionate love and compassionate love. Need assistance with your paper on a related or a different topic? Team of Ascendnaamba.org, top global MBA essay writing service is ready to help right now! Passionate love versus compassionate love 2. 1 Passionate Love Another theory of love is passionate love versus compassionate love theory developed by Elaine Hatfield. According to Kendra C. (n. d. ), Hatfield divides love into two basic types : passionate love and compassionate love. Passionate love has three components namely cognitive, emotional and behavioral. Cognitive component includes viewing the other person or relationship as an ideal and the urge to get to know each other, emotional component focuses on physiological arousal, sexual attraction and the desire for union while behavioral element involves treating the other and being intimate to him or her. Passionate love is linked with other intense emotions. For instance, when our love is reciprocated, we will undergo closeness, fulfillment and ectasy. Unreciprocated love, on the other side, can be devastating in terms of emotions. It is also suggested that passionate love will arise when we meet someone who is ideal to fit the social norms or cultural expectations about what makes an appropriate partner as well as when we feel physiologically and neuropsychologically aroused thinking about or in the presence of him or her. However, the critism about this that being aroused when we meet the other person oes not necessarily mean that we are in love with them and it is unclear about the reason we fall in love as it is limited to only a few conditions. 2. 2 Compassionate Love According to psychologist Elaine Hatfield (n. . ), Compassionate love has traits such as attachment, intimacy, trust, affection and mutual respect. It usually arises out of the feeling of mutual understanding and shared respect for each other. As contrary to passionate love which is momentary, compassionate love is long-lasting and usually can happen on both close friends or romantic partners. Despite that a passionate love is wild and intense with ups and downs, it will eventually cool down over time and lead to compassionate love which is far more enduring than passionate love. This is healthier for a romantic relationship because it is more comfortable to be a partner who gives you security, shared understanding and mutual respect as highs are Just temporary and will not last forever. It is consistency that keeps a relationship flourish. (Melissa R. , 2008). 2. 3 Similarities Something mutually inclusive between passionate love and compassionate love is hat they both tend to seek a partner who is affectionate, good-looking and who love also have a strong need to live entwined or with each other. Other than that, both of them also requires right timing to be in a relationship. Kendra C. , n. d. ) 2. 4 Differences Passionate love is wild at the commencement of the relationship and slowly fades over time whereas compassionate love is steady and enduring. Passionate lovers are guided by emotions without thinking much of the future while compassionate lovers aim to find a lasting companion. 3. Conclusion Majority of the people yearn for ideal relationships that complement the teadiness of compassionate love with the intensity of passionate love, however, it is believed that this type of relationships is rare. In my opinion, compassionate love is more matured and therefore, should be encouraged among the couples because it is more enduring and truly withstand the test of time. Compassionate love is also good for people for are looking for long lived relationships. However, no matter we are experiencing passionate love or compassionate love, so long as the differences between each other are overlooked and tolerated, this relationship will definitely be healthier. (1250 words)

Solubility Definition in Chemistry

Solubility Definition in Chemistry Solubility is defined as  the maximum quantity of a substance that may be dissolved in another. It is the maximum amount of solute that may be dissolved in a solvent  at equilibrium, which produces a saturated solution. When certain conditions are met, additional solute may be dissolved beyond the equilibrium solubility point, which produces a supersaturated solution. Beyond saturation or supersaturation, adding more solute does not increase the concentration of the solution. Instead, the excess solute starts to precipitate out of solution.​ The process of dissolving is termed dissolution. Solubility is not the same property of matter as the rate of solution, which describes how quickly a solute dissolves in a solvent. Neither is solubility the same as the ability of a substance to dissolve another as a result of a chemical reaction. For example, zinc metal dissolves in hydrochloric acid through a displacement reaction that results in zinc ions in solution and the release of hydrogen gas. Zinc ions are soluble in acid. The reaction is not a matter of the solubility of zinc. In familiar cases, a solute is a solid (e.g., sugar, salt) and a solvent is a liquid (e.g., water, chloroform), but the solute or solvent may be a gas, liquid, or solid. The solvent may either be a pure substance or a mixture. The term insoluble implies a solute is poorly soluble in a solvent. In very few cases is it true no solute dissolves. Generally, an insoluble solute still dissolves a little. While there is no hard-and-fast limit that defines a substance as insoluble, its common to apply a threshold where a solute is insoluble is less than 0.1 gram dissolves per 100 milliliters of solvent. Miscibility and Solubility If a substance is soluble at all proportions in a specific solvent, it is called miscible in it or possesses the property called miscibility. For example, ethanol and water are completely miscible with each other. On the other hand, oil and water do not mix or dissolve in each other. Oil and water are considered to be immiscible. Solubility in Action How a solute dissolves depends on the types of chemical bonds in the solute and solvent. For example, when ethanol dissolves in water, it maintains its molecular identity as ethanol, but new hydrogen bonds form between ethanol and water molecules. For this reason, mixing ethanol and water produces a solution with a smaller volume than you would get from adding together the starting volumes of ethanol and water. When sodium chloride (NaCl) or other ionic compound dissolves in water, the compound dissociates into its ions. The ions become solvated or surrounded by a layer of water molecules. Solubility involves dynamic equilibrium, involving opposing processes of precipitation and dissolution. Equilibrium is reached when these processes occur at a constant rate. Units of Solubility Solubility charts and tables list the solubility of various compounds, solvents, temperature, and other conditions. The IUPAC defines solubility in terms of a proportion of solute to solvent. Allowable units of concentration include molarity, molality, mass per volume, mole ratio, mole fraction, and so on. Factors That Affect Solubility Solubility may be influenced by the presence of other chemical species in a solution, the phases of the solute and solvent, temperature, pressure, solute particle size, and polarity.

Statistics COMPREHENSIVE Essay Example | Topics and Well Written Essays - 1750 words

Statistics COMPREHENSIVE - Essay Example Therefore nominal data where attributes can be ranked but the distance between ranks has no meaning. c. interval data- in this level of measurement the distance between ranks has a meaning, data can be ranked and at the same time the distance has meaning, for example temperature data is interval data where temperature difference has meaning. The average and median calculated has a meaning but ratio calculations have no meaning where one cannot state that 100 degrees Celsius is twice 50 degrees Celsius. d. ratio- in ratio level of measurement the absolute zero value has a meaning, all statistical calculation of central tendencies and dispersion are meaningful, for example data containing number of customers that visit a retail shop, the value zero has meaning and the ratio calculations also has meaning where it can be stated that 20 customers is twice 10 customers. The mean, mode and median are all measures of central tendencies of data; the mean is determined by adding up all the values in a data set and then dividing the number of observations. In the example the value of the mean will 27/8 = 3.375 The Median is the middle value of an ordered data set for odd observations or the mean value of the middle two variables for even observations. In the example the median will be 3 +4 = 7, then 7/2 = 3.5, therefore median = 3.5 Advantage: The median is not affected by

Ethics in Business Case Study Example | Topics and Well Written Essays - 1500 words

Ethics in Business - Case Study Example Ethics and business rules always go together. The fact that business policing is based upon the different measures of complete recognition of social norms and social limitations, ethics is indeed a large part of the ways by which business organizations try to strive to be able to become more effective within their operational engagements with regards their aim of being able to influence the society as well. It is indeed certain that the rules and regulation that a business puts up should be able to meet certain standards of social compromises. Any business organization could not afford to be questioned simply because of the fact that the business procedures that they are adapting to are not meeting the set standards for business organizations. (Kuhn, 2005, 12) To be able to have a clearer view of the matter being reported herein, it is first most importantly to be given attention to as to how management is indeed in relation with the actual application of ethical standards within the society. To be able to do this, there are three major points to consider. The said points are as follows: †¢ The effect of organizational culture on ethical operation †¢ The roles and responsibilities of executive management in fostering an ethical operating environment †¢ The impact of ethical standards as they are used in business operations ... (Kuhn, 2005, 12) To be able to have a clearer view of the matter being reported herein, it is first most importantly to be given attention to as to how management is indeed in relation with the actual application of ethical standards within the society. To be able to do this, there are three major points to consider. The said points are as follows: The effect of organizational culture on ethical operation The roles and responsibilities of executive management in fostering an ethical operating environment The impact of ethical standards as they are used in business operations Through the consideration given to these particular sections of the said matter, the continuous advancement of the report shall be completed as to how it could relate to the actual practice of several business organizations who are actually applying ethical management in creating the policies for their own businesses. The Essence of Organizational Management Organizational management involves several serious tasks that concern not only the whole company but also its stakeholders. This is the reason why the need for the fine application of ethical leadership is essential for the pursuance of rightful managerial policing processes. Management, as known to many is a performed function in every organizational set up that is essential for arranging the activities of certain business groups. The said act of organizing a business group indeed requires a high level of leadership skills. As for this reason, governance then is considered a responsibility that demands effort and patience in dealing with other people (Humes-Schulz, 2002, 15). As the present human

The Dust Bowl and How It Affected Weather Predicting Research Paper

The Dust Bowl and How It Affected Weather Predicting - Research Paper Example This paper therefore seeks to review the effects of Dust Bowl on weather predicting and to examine the technologies that were used. Practical use of weather predicting Structured weather reports were maintained following the discovery of instruments to measure atmospheric conditions in early in the 17th century. Certainly these initial reports were used mostly by those people who were involved in farming activities. As noted by Lutgens, et al. (2001) planting and harvesting of plants clearly was better planned if the long term weather patterns were predicted. In America, weather prediction was initially done by the Army Signal Corps starting in the 1870s. This service was later offered by Department of Agriculture and later by the U.S Weather Bureau that was established in 1920s. Radio broadcasts was the main way of announcing weather forecast. Use of Radar technology One of the technologies used to predict weather during the America Dust Bowl era was the radar. Following the Dust Bo wl, those involved in weather forecasting focused on the use to radar as a tool to predict weather. Though, radar has been developed to monitor enemy airplanes, it was discovered that the equipment gave better results from raindrops at a particular wavelengths. Thus, it became feasible to track and examine development of thunderstorms or heavy showers and also it was possible to â€Å"view† the precipitation composition of big storms. Indeed, as pointed out by Byers (1994) the Dust Bowl that were experienced were caused by a long drought that lasted about six years leaving the landscape with bear and when strong wind came, they easily gathered tones of dust resulting in this Dust Bowl. Thus, the radar was seen as a tool to forecast such severe weather disasters. Indeed, since the era, radar has developed in its meteorological use as a predicting tool. As Wigley (1985) remind us, nearly all tornadoes as well as harsh thunderstorms in America have been predicted using this long -established technology. Radar examination of development, movement and features of these kinds of storms offers hints of the level of the storms. However, current radars have improved technology of Doppler, which is move effective. According to Trihey and Campbell (1989) the Dust Bowl, that followed the very bad drought in the Midwest experience between 1930 and 1936, was a typical meteorological drought, meaning that it resulted mainly due to odd climate patterns. They further points out that these climate patterns were destructive in their rhythmic relentlessness. Meteorological Kites In early 1930, meteorological kites were used to in weather forecasting. The kites were used in the weather stations for weather observations, and also in examining the atmosphere to collect different information regarding the weather. The main instruments that were carried on the kite included those for measuring the wind velocity, temperatures, different humidity at different altitudes as well as the barometer that was used to measure pressure. Indeed, as observed by Williams (2001) during this era, the U.S Weather Bureau perfected the science of using the kite. Different sizes of kites were used according to their speed and how far they could go. Nonetheless, these kites had their

Opeartions Management Essay Example | Topics and Well Written Essays - 250 words

Opeartions Management - Essay Example Part of the design process include the facilities that will include the facilities and equipment that will be used to produce the goods and services, as well as the information system that will be used to control and monitor the performance. The decisions of the manufacturing process are considered to be very integral to the ultimate success or failure of the system. Design is an issue in operations management since; there is a need for facility design which involves determination of capacity, location and the production facility layout. This will enable the company to know and measure its ability to supply the demanded goods and services in their right quantities at the correct time. Design will also enable the organization to determine where to place the facility with respect to its suppliers and customers, in order to be able to control the transportation cost. It is also determined by the long-term commitment of resources which cannot be changes

The Role of the Financial manager SLP Assignment

The Role of the Financial manager SLP - Assignment Example Coupled with the recent developments in the financial performance successes, Apple Inc.’s status as a towering figure among publicly traded companies continues to cement its business. Based on the strong brand presence and financial successes reported continuously at the company, success projections in the near future appear promising due to the sustainability of its business model. The utilization of high-end technologies at Apple Inc. continues to provide a promising future for the company’s growing market. The size of Apple Inc. in the American and global smart technologies segment correspond with the recorded revenue growth hitting $42.1 in the fourth quarter of the just ended trading period (Apple Inc., 2014). Further projections on the company’s future relate to the company’s ratings on management effectiveness standing at 14.96 per cent and 33.61 per cent for return on assets and equity respectively. The sustainability of the software and hardware model at Apple’s products portfolio enables the company to challenge for top honors in the technology market. Apple Inc.’s towering financial power elevates it to the top of the list of American multinationals supporting tens of billions of dollars as stable investment value. Recent income figures in excess of $325 billion supported by quarterly gross margin growth of 38 per cent give an indication of the size of the company (Apple Inc., 2014). In these financial figures, $70.54 billion of gross profit implies that the company posted positive operations in the market that it continues to dominate. According to Yahoo Finance (2014), Apple Inc. trades as AAPL at Nasdaq stock market, with the recent stock market performance standing at a stable price of $109.70 (week opening Nov 10). The price of Apple Inc.’s share a year ago stood at $74.28, which gives an indication of growth by a growth of

Opeartions Management Essay Example | Topics and Well Written Essays - 250 words

Opeartions Management - Essay Example Part of the design process include the facilities that will include the facilities and equipment that will be used to produce the goods and services, as well as the information system that will be used to control and monitor the performance. The decisions of the manufacturing process are considered to be very integral to the ultimate success or failure of the system. Design is an issue in operations management since; there is a need for facility design which involves determination of capacity, location and the production facility layout. This will enable the company to know and measure its ability to supply the demanded goods and services in their right quantities at the correct time. Design will also enable the organization to determine where to place the facility with respect to its suppliers and customers, in order to be able to control the transportation cost. It is also determined by the long-term commitment of resources which cannot be changes

Iran and United States relations from 1945- to present day Essay

Iran and United States relations from 1945- to present day - Essay Example Due to alleged revenue domination by the Anglo-Iranian Oil Company, the Iranian Parliament had generally settled to nationalize its holding of the British Empire’s leading company. The U.S. and Britain, through a now-admitted clandestine operation of the CIA called Ajax Operation, assisted organize objections to defeat Moussadeq and return the Shah to Iran. Later than his return from brief banish, Irans hatchling efforts at democracy rapidly descended into autocracy as the Shah took apart the constitutional curbs on his office and started to rule as an absolute ruler. In 1979 Iranians rebelled and the Shah was expelled for a second time. Then, Ayatollah Khomeni became new person in charge, and shortly began issuing nasty oratory against the United States, telling the country as the "Great Satan" and a "nation of unbelievers." The American supervision under President Jimmy Carter decline to bestow the Shah any further assistance and put across no curiosity to return him to command. A significant humiliation for Carter came about when the Shah, as of that time enduring from cancer, appealed for an entry into the U.S. for remedial. Carter unwillingly agreed, but the move only underpinned Iranian concepts that the previous ruler was an American dummy. Business relations between Iran and the U.S. are constrained by U.S. endorses and comprise chiefly of Iranian demand of food and medical stuffs and U.S. demands of food and carpets. The U.S. Government bans most ‘buy and sell’ with Iran. After the 1979 convulsion of the U.S. Embassy in Tehran, the U.S. coagulated about $12 billion in Iranian assets, encompassing bank deposits, bullion and other possessions. According to United States spokespersons, most of those possessions were unfrozen in 1981in connection with the deal for the return of U.S. cap tives taken in the embassy convulsion. In September 2005, the State Department of U.S. declined to issue visas for parliamentary speaker of Iran and a team of senior

Copyright Law and Industrial Design Essay Example for Free

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(12) 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 publics 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(12) 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  "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.