Sunday, December 29, 2019
Police Use of Force Essay - 1079 Words
In certain situations, the police may have to act quickly on their instincts. Sometimes, a situation is unpredictable and a decision needs to be made in a split second. The quick decision may to be to take a person down physically with the officerââ¬â¢s own hands, or to use deadly force, unfortunately. Anything can happen and the officer needs to be ready for every scenario. The different levels of force can be anywhere from just a police officer being present, to having to kill someone to prevent him or her from hurting anyone else. Itââ¬â¢s a harsh reality, but sometimes the officer needs to make the decision to die or to protect him and do what he needs to do. There are several circumstances in which the police may have to ultimately useâ⬠¦show more contentâ⬠¦Sometimes, it really depends on the officerââ¬â¢s mood and mentality toward his or her job. Some officers may never have to use deadly force, while others use it daily. There are several different types of force. These types of force include verbal commands or persuasion, physical force (unarmed), force using weapons that are non lethal, force that involves using weapons such as the bean bag gun or taser, and lastly, deadly force. All officers have to give way to each force option before last resorting to the use of deadly force, unless of course if the officer is in a life or death situation. This may be the only way to use deadly force in the first and last resort. They have a couple of weapons that they carry in case the need to use them arises. They carry a baton, tasers, handcuffs, guns and they also have police dogs. Some police do follow the guidelines for using for ce. Others may abuse their authority and not use force properly. It is really only up to the officers to do the right thing. Some cops are great and live to protect our communities while others abuse their authority. Force that police tend to use on subjects that pose a threat has become an escalating issue in society today as we know it. Sometimes the public gets the notion that the police abuse their authority and use dangerousShow MoreRelatedUse Of Force And The Police Force Essay1785 Words à |à 8 PagesThe Use of Police Force Police encounter different situations in their daily activities. The diverse nature of the circumstances implies that the members of the police also have to adopt different strategies of handling them. In some circumstances, the police have to use force as a way of addressing the situations. Unfortunately, when the police apply their own discretion in the use of force, the outcomes of this approach may end in fatalities or serious injuries. In recent times, diverse opinionsRead MoreEssay on Police Use of Force1577 Words à |à 7 PagesThe police forces in every community are deemed law enforcement officers and have to take necessary precautions in executing their job. Individuals that police officers encounter may at any time threaten the security of the officer or others. Police officers have to follow procedures that are necessary to maintain control of situations that can cause harm to others or property. The three topics that will be discussed in police use of force are; the explanation and background of use of force, limitationsRead MorePolice Officers Use Of Force2643 Words à |à 11 Pages Police Officers use of force has been an big issue for many decades, But has now made its way to mainstream. From news to social media there s always a recent relevant story/ case on police officers use of force. In 2016 Baton Rouge man, Alton Sterling was killed do to Police officers use of excessive force. This sparked an outrage in the nation after Mr. Sterlings murder went viral through social media. The shooting led to protests in Baton Rouge and a request for a civil rights investigationRead MorePolice Use And Excessive Force1757 Words à |à 8 PagesIn most cases the police is permitted to use any form of necessary force to suppress a suspected criminal with minimal consequences if they use excessive force (ââ¬Å"Police Use Of Forceâ⬠). According to the current law all law enforcement officers should use only the amount of force necessary to weaken an incident, make an arrest, and protect themselves and others from harm (ââ¬Å"Police Use of Forceâ⬠). Officers rece ive guidance from their individual agencies, but no universal set of rules that governs whenRead MoreUse Of Excessive Force By Police Essay2388 Words à |à 10 Pages Use of excessive force by police Name Institutional affiliation Introduction This paper will discuss issues related to the use of excessive force by the police. In doing this the paper will look at the concepts such as the need for police officers to use force, the definition of excessive force and causes that contribute to the use of excessive force. The paper identifies inadequate training, adrenalin overload, accidental application and retribution as the major causesRead MoreUnderstanding Police Use Of Force1789 Words à |à 8 PagesUnderstanding Police Use of Force Police Officer shoots unarmed teen to death. Police Officer shoots unarmed teen to death who is violently attacking an officer. Which one is a catchier headline? The first one may attract ratings or sell newspapers but it is not only unfair to the police, it is also unfair to the public being fed this type of information. For years, news outlets have been bad mouthing police and their tactics because it makes for good stories. This type of coverage is dangerousRead MorePolice Use of Force Essay2187 Words à |à 9 PagesPolice Use of Force Introduction Police officers are authorized to use force under certain circumstances, for instance; controlling a disruptive, aggressive and disturbing demonstration, undergoing arrest of an accused person or controlling a combative individual. These officers are trained properly regarding use of force while fulfilling their duties. However, the use of force by police is a subject of hot discussion amongst public, as many times law enforcement agencies, televisions, newspapersRead MoreUse of Excessive Force by Police3642 Words à |à 15 PagesUse of Excessive Force by Police Use of Excessive Force by Police Police officers are given a significant amount of discretion simply due to the nature of the job. Officers are faced with many threatening situations forcing them to react quickly, yet appropriately. They have the power to infringe upon any citizenââ¬â¢s rights to freedom and therefore they must use this power effectively. One major concern with the amount of discretion officers have is their power to decide when to use force orRead MorePolice Authority, Police Power and Police Use of Force Essay1445 Words à |à 6 PagesAbstract This paper will describe police power and police authority. I will also talk about police discretion as for as whom gets locked up and who is allowed to go free. This paper will discuss the different use of police force. In this paper I will also talk about police attitude, police misconduct, and physical abuse among police officers. Most people confuse police authority with police power. What are police authority and or police power? Souryal, (2007), stated, ââ¬Å"That Authority is theRead MorePolice Use Of Force Too Far1191 Words à |à 5 PagesNow days i feel as if the police that the use of force too far. Studies show that over 45% of police use the use of force too far. The use of Force is there for the police to make them feel safe but in anyway you could see something the is misleading and lead to use of force in the wrong way. I think that someone needs to take a stand and say something about it because its getting out of hand with police at school and just police in the public. The way the police use force is only to keep them safe
Saturday, December 21, 2019
The Prince Machiavelli Summary - 1016 Words
In his article Morality and Politics with Reference to Machaiavelliââ¬â¢s The Prince, Mohammed Seid Ali dissects Machiavelliââ¬â¢s The Prince by analyzing his tactics and applying them to real life situations, both historical and theoretical. Ali highlights the impact of The Prince, its realist ideals, and how they have affected the worldââ¬â¢s most powerful institutions. While Ali agrees with many of the underlying principles of Machiavelli, he rebuts specific notions more than once. For example, Ali questions the practicality of Machiavelliââ¬â¢s inherent distrust of diplomacy. Furthermore, Ali disagrees with Machiavelliââ¬â¢s ideas on neutrality and alignment. Ali also doubts Machiavelliââ¬â¢s understanding of international relations, citing his pessimismâ⬠¦show more contentâ⬠¦In The Prince, Machiavelli states, ââ¬Å"A prince must have no other objective, no other thought, nor take up any profession but that of war.â⬠Ali argues that Machiavelliâ⠬â¢s ideologies concerning war are severely outdated, and completely impractical in todayââ¬â¢s society. In doing so, Ali references two schools of thought; the realist and the idealist. In the time of Machiavelli, factions regularly fought for land or pride, and the world was nowhere near as diplomatic as it is today. Singular familial dynasties ran entire countries, the Roman Catholic church had military might, and regicide plagued all of Europe. While morbid, this was the reality of Machiavelliââ¬â¢s time. Today, however, in a more ideal world, diplomacy takes precedence over war essentially everywhere on earth. Moreover, in todayââ¬â¢s society, war is seen as a human failure, in contrast to the relative glorification of war 500 years ago. Ali further explains his reasoning, arguing that, ââ¬Å"...though the predominant practice of the existing international system lies on maintaining global hegemony which is highly Machiavellian in its nature, the other alternative which is founded on political idealism is also gaining momentum since it lies on mutual global interdependence among different actors, global diplomacy and institutional frameworks as foundations as well as viable options to tackle a zero sum game internationalShow MoreRelatedSummary On Niccolo Machiavelli s The Prince 1109 Words à |à 5 PagesApril 19, 2015 Niccolà ² Machiavelliââ¬â¢s The Prince and Ian Johnstonââ¬â¢s Lecture on Machiavelliââ¬â¢s The Prince Niccolà ² Machiavelli, a Florentine, lived between the years of 1469-1527. In 1513, Machiavelli wrote The Prince and gifted it to the Medici family with the original title of About Principalities. He first dedicated the work to Giuliano deââ¬â¢ Medici and later to Lorenzo deââ¬â¢ Medici. It was a political critique that was later printed under the title of The Prince in 1532. The treatise was controversialRead MoreThe Prince Machiavelli Analysis1490 Words à |à 6 PagesThroughout The Prince, Machiavelli advocates for the use of force to achieve the Princeââ¬â¢s goals. However, these acts are justified because they are done to benefit the state. Moreover, Machiavelliââ¬â¢s political philosophy repetitively stresses the fact that the Prince should not act in a way as to cause hatred. In this, constant cruelty is inappropriate and unjustifiable because it provokes contempt towards the ruler. In The Prince, Machiavelli discerns that good acts of cruelties ââ¬Å"are c arried outRead MoreBook Review: The Prince Essay1014 Words à |à 5 Pageshistory novel and write a book review on it. I chose to read The Prince by Niccolo Machiavelli, and it sure did not disappoint. For a book on history, it was not so bad. The two parts to this review include a summary and a critical analysis. This paper will discuss the major points Machiavelli made in his book and analyze his tone and writing style, with an overall critique. The Prince is a novel written in 1513 by Niccolo Machiavelli. This book contains 26 chapters, focusing on acquiring and maintainingRead MoreVirtue and Prince4449 Words à |à 18 PagesThe Prince is concerned with autocratic regimes Autocracy regime Regime autocracy a mode or system of rule or government of or relating to an absolute and unrestricted ruler a ruling or prevailing system. domineering or dictatorial a government in power. Wikipedia The Qualities of a Prince (Chapters 14-19) Each of the following chapters presents a discussion about a particular virtue or vice that a prince might have, and is therefore structured in aRead MoreNiccolo Machiavelli s The Prince1293 Words à |à 6 PagesBy many, Niccolà ² Machiavelli is infamous for being one of the most controversial political philosophers during the period of 1494-1564. Machiavelli is a realist whose lack of idealistic optimism is the root of his cynicism towards human nature and human weakness. He is a perpetuator of the idea that ââ¬Å"the means justifies the end.â⬠Although an ample amount of individuals criticize his principles, many rational thinkers embrace the political realities he so adamantly acquaints his readers with in hisRead MoreThe Communist Manifesto By Karl Marx And Friedrich Engels1746 Words à |à 7 Pagesproperty should be handled. John Locke wrote the Second Treatise on Government where his main issue concerns the relationship of people to their government and where the lines are drawn on what the government can do that is acceptable. Niccolo Machiavelli wrote The Prince, in which he argues that people are naturally immoral and will do what they can, whether good or bad, to maintain well-liked. In The Communist Manifesto by Karl Marx and Friedrich Engels, the main argument is that humans are rational andRead MoreThe Origin Of Modern Political Thought1935 Words à |à 8 Pagesis false. The origin of modern political thought was, in fact, introduced to the world during the time of the renaissance. In the Italian city of Florence lived the political philosopher Niccolà ² Machiavelli, who is the man responsible for shaping the view of modern political thought. Noccolà ² Machiavelli was born May 3, 1469 in the Tuscan town of Florence. Florence was a major town in the Tuscan areas during the 12th century. By the time the renaissance came around during the 13th century, FlorenceRead MoreAnalysis Of The Prince By Niccolo Machiavelli1755 Words à |à 8 PagesNiccolo Machiavelliââ¬â¢s ââ¬Å"The Princeâ⬠provides guidelines for how the leader of a state should conduct himself, and the actions he should take to consolidate and maintain power. While Socrates does not explicitly discuss what he believes a good leader should do and how he should act in either ââ¬Å"Apologyâ⬠or â⬠Critoâ⬠, he presents his opinion on how men in general should conduct themselves, and how a government should be run. Based on the accounts given, Socrates would vehemently disagree with Machiavelliââ¬â¢sRead MorePolitical Morality And Leadership Lessons2220 Words à |à 9 Pagesexample of this dualism is represented in the leadership lessons covered by Cicero, on the one hand, and Machiavelli on the other. Whereas their lessons are fundamentally divergent in many regards, there are some subtle points of implicit convergence. The purpose of this essay is to assess with a comparison and contract of the lessons as found by the assigned writings of Cicero and Machiavelli. Both of these books providers time-tested theories and assertions that have been used to obtain and sustainRead MoreMacbeth And The Prince By Niccolo Machiavelli1801 Words à |à 8 PagesMacbeth and The Prince Niccolà ² Machiavelli describes the actions and qualities of a glorious prince in his novel The Prince. His assertion about a leader for a country can be used to evaluate Macbeth as a king in Shakespeareââ¬â¢s play Macbeth. Macbeth took similar actions and had similar qualities of the ideal prince that Machiavelli characterizes. In light of reading Macbeth, the conclusion can be made that Machiavelli is wrong in the case of Macbeth because he is not a noble or memorable leader
Friday, December 13, 2019
Intellectual Property Essay Free Essays
1) Compare and contrast the differing protection offered by the law of patents and the law of copyright. In your opinion, are these differences accidental or do they have a sound commercial or legal basis ? Intellectual property rights are exclusive rights for their owners. Third parties are then generally prohibited from the use or exploitation of what is excluded by these rights. We will write a custom essay sample on Intellectual Property Essay or any similar topic only for you Order Now It is to be clarified that it is intended to focus solely on copyrights and patents. Trademark, confidentiality and designs, the other main types of intellectual property are beyond the scope of this essay. There is one simple way to comprehend the two concepts of patents and copyrights. On the one hand patent are rights over an invention. An invention is the result of reasoning. It is the production of some new or improved process or products that are both not obvious for a person skilled in the field and useful. On the other hand, copyrights are rights that protect art in general, art being any products of humanââ¬â¢s creative activities provided that more than trivial work has been done. The patent law can be seen as a monopoly created by parliament. In the year 1623 the Statute of Monopolies declared that all monopolies are void and of no effect. But an exception was made for the future grand of patent for the term of fourteen years to the first inventor provided it was not contrary to reason of raising price or restrictive of trade. Nowadays, it is basically the same principles that are applied. The copyright law can be seen as a way to restraint trade granted by Parliament. In 1709, the Copyright Act gave an author the exclusive right of printing his work for fourteen years. If the law has extended, the same concepts are still applied. The first point is the difference between what is ruled by patent and copyright. Patent law is protecting inventions. Patent Act 1977 defined an invention as something new thus which does not form part of the state of the art (s. 2(1))1. The state of the art being what was made available to the public in any way before the priority date of the patent (s. 2(2))2, this date correspond to the date of filling on which certain formalities are satisfied. The question to be asked in order to know if it was part of the art is not whether an information has actually been accessed but whether information could have been accessed prior the filling date. An old illustration of this would be the case of Lang v Gisborne3. In relation to a book, the question was whether the information was available and not whether the book had actually been sold. Thus we need to define what is construed as available to the public. In the Windsurfer4 case, a 12 year old boy, who built a sailboard and used it in public during his holidays, had been enough to make this invention available to the public. Moreover, in assessing if a disclosure of information is enough; it will be considered whether the person skilled in the art will be able to carry out trial and experiments to get to the invention (Synthon5). The last main hurdle for the obtention of a patent will be the requirement of inventiveness. An inventive step is one that is not obvious to a person skilled in the art (s. 3)6 and whether there is an inventive step or not has to be decided without hindsight (Haberman v Jackel7). A person 1 Patents Act 1977 s. 2(1) Patents Act 1977 s. 2(2) 3 Lang v Gisborne, 31 LJ. Ch 769 (1862) 4 Windsurfer International v Tabur Marine [1985] RPC 59, CA 5 Synthon v Smithkline Beecham [2005] UKHL 59, [2006] RPC 10 6 Patents Act 1977 s. 7 Haberman v Jackel International Ltd (1999) The times 21 January 1999 2 1 skilled in the art has been described as a graduate or engineer in the field concerned with a few years of experience (Dyson v Hoover8) , it was also held that it should be a ââ¬Å"composite entityâ⬠, in other words a team of graduate and engineer (General Tire Rubber Co v Firestone Tyre and Rubber Co Ltd9). Furthermore, an invention needs to be capable of industrial application which is rarely an issue. It will be analysed as such if it can be produced or used in any kind of industry, including agriculture (s. )10. Finally, an invention is patentable if not belonging to one of the excluded matter. A discovery, scientific theory, mathematical method, a scheme, rule or method of performing a mental act and playing a game or doing business are excluded (s. 1(2))11. Some others interesting exclusions exist, such as a literary, dramatic, musical or artistic work or any other aesthetic creation, a program for a computer and the presentation of information. These exclusions are interesting because they form part of what is subject to copyright, so what is protected by copyright. Indeed, copyright subsist in original literary, dramatic, musical or artistic works, sound recordings, films or broadcasting and typographical arrangement of published edition (s. 1)12. As with patent, a copyright need to fulfil certain criteria in order to be granted. There is a requirement of originality that applies to literary, musical, dramatic and artistic works but not to sound recording, films or broadcast. In the case of Univeristy of London Press13, it was established that the work must not be copied from another work but should originate from the author otherwise it will infringe. If the author has spent sufficient degree of skill, labour and judgement to establish originality then his work would be able to be protected by copyright. But often there is no requirement as to that quality. Thus, there is no requirement that a work should actually have literary value (Univeristy of London Press)14, it must be more than de minimis so that single words will not be protected by copyright (Exxon Corp)15. On the same line, there is no requirement of quality or merit of music as long as the sounds are not too simple and trivial. Furthermore, artistic works need not to present any merit (Vermaat and Powell v Boncrest)16. Finally, the protection offered by copyright only protects works that have been expressed in tangible format. In order to have ownership in the copyright, it is important to be able to prove authorship, often by producing the original creation of the work. If the process to get a copyright seems to be a simple and short process the process to obtain a patent is long and complicated. A formal registration is needed, has to be done within the UK Patent Office. One could say that is to allow authors which do not belong to a large company to be protected easily with copyright as soon as they make their original work in a Haberman v Jackel International Ltd [1999] FSR 683 Dyson Appliances v Hoover [1997] RPC 1, CA 9 General Tire Rubber Co v Firestone Tyre Rubber Co [1972] RPC 457 10 Patents Act 1977 s. 4 11 Patents Act 1977 s. 1(2) 12 Copyright, Designs and Patents Act 1988 s. 1 13 University of London Press Ltd v. University Tutorial Press Ltd (1916) 2 Ch. 601 14 University of London Press Ltd v. University Tutorial Press Ltd (1916) 2 Ch. 601 15 Exxon Corp v Exxon Insurance Consultants International Ltd [1981] 3 All ER 241 16 Vermaat and Powell v Boncrest Ltd (No. 2) [2002] FSR 21 8 2 angible format. It is why copyright is an accepted theory and seen as a limited monopoly17. Such monopoly is necessary to promote ââ¬Å"the three level of competition in modern business, which are production consumption and innovationââ¬â¢Ã¢â¬â¢18. On the contrary patent protects large companiesââ¬â¢ invention. It is fair to require more formalities from them to obtain a protection as they are able to call la rge resources and facilities. Many steps have to be followed but only a brief explanation will be given as it is a complex area. The most important thing is the specification that has to be made (s. 4(2))19. The specification need to be very precise. It shall describe the invention in a clear and completed way so that the invention can be performed by a person skilled in the art (s. 14(3))20. Therefore the specification should explain what has been created, the problems that the invention solves, how the invention differs from what has been created before. It has been explained previously how the patent and copyright cover different subject, so that, for example, music is protected by copyright and the Dyson mechanism of vacuum cleaner is protected by patent. If they cover different area, they also provide protection in rather different manners. In the patent law, there are two main infringements, infringement of a process, infringement of a product by process patents and infringement of a product. There is an infringement by a party when a party use a process and when the party must have known or it must have been obvious in the circumstance that the use of the process would infringe the patent (s. 60(1)(b))21. For product patents, the intention is irrelevant (Procter v. Bennis)22. Only the patentee has the right to dispose of the product, which is interpreted mainly as the right to sell the product (s. 60(1)(a))23. Note that it does not exclude the right to sell the product at a later date, this is the doctrine of exhaustion. In the same way, he is the only one who can import the product. An infringement will be constituted if someone imports a product when in trade. The right to keep the product for disposal or otherwise is also an exclusive right of the patentee. Lastly, the most important is the right to make the product. It has been held, that modifications or repairs of a patented product could be infringement as well (United Wire)24. It is possible to compare the interpretation in United Wire to the ownerââ¬â¢s rights of a copyright over adaptations of the original work. The copyright owner of a musical, dramatic or literary work is the only one to have the right to make an adaptation of the work (s. 16(1))25. An adaptation will be interpreted as such only if it relates to a substantial part of the copyright work (Sillitoe)26. The rights over the adaptation are the same as the one over the original work. The question is what these rights are over the original work. First, copying the work is an infringement. An exact copy of the work is forbidden. If not completely identical, a two part test has been established (Francis Day and Hunter)27. Firstly a degree of similarity is required between the two works. A substantial part must have been copied, in order to establish it, a qualitative test and not a quantitative test has to be applied (Ladborke v William 17 The institutionalist theory of law, Neil MacCormick. Copyright law, Monopoly or Monstrosity, by Alan Beckley. (Butterworth and Co 1996) 19 Patents Act 1977 s. 4(2) 20 Patents Act 1977 s. 14(3) 21 Patents Act 1977 s. 60(1)(b) 22 Procter v. Bennis et al. (1887), 4 R. P. C. 333 23 Patents Act 1977 s. 60(1)(a) 24 United Wire v Screen Repair Services (Scotland) [2000] 4 All ER 353, HL 25 Copyright, Designs and Patents Act 1988 s. 16(1) 26 Sillitoe v McGraw Hill Book Co. (UK) Ltd. [1983] FSR 545 27 Francis Day Hunter Ltd v Bron [1963] Ch 587 (UK CofA) RR 207 18 3 Hill)28. Secondly, the infringing work must have some casual connection with the original work, which means that the infringing work must have some origin in the plaintiffââ¬â¢s work. There are other main forbidden acts, such as issuing copies of the work to the public, performing, showing or playing the work in public, to broadcast the work or include it in a cable program service. It is also forbidden to authorise another to do a restricted act (s16(2))29. As seen previously, there is a wide protection for owners of copyright and patent, but in order to achieve a balance between owners and the public, some defence have been created in both patent and copyright law. In copyright law, there is a defence of fair dealing which allows research and private study only if is not undertaken for commercial purposes (s. 78)30 and only if it is for the personââ¬â¢s own use (Sillitoe)31. Moreover, multiple copies will infringe, thus only singles copies are allowed (s29(3))32. The defence of fair dealing allows criticism or review provided sufficient acknowledgment is present which is obtained by identifying the work by its title or any description and by identifying the a uthor of the original work. Similar defence exists in patent law and provide protection for acts done in private and for non commercial purposes (s. 60(5)(a))33. There is also a defence for acts done in an experimental way and which relate to the matter of the invention (s. 60(5)(b))34. One of the main differences between patent and copyright is the length of protection they offer. A patent is granted for 20 years from the filing date. In literary, dramatic, musical and artistic works copyright protect the work during the authorââ¬â¢s life plus 70 years from the date the author dies. Why a difference in length between copyright and patent? As said previously, an author is protected by copyright all is lifetime because he is considered to be a weaker party. The 20 years protection offered with patent has been justified because of the time needed in testing of pharmaceutical and similar products for health and safety reason. In the point of view of a customer and the public copyright could be seen as a restriction on trade and patent as a monopoly for 20 years. It is common legal principle to say that restriction and monopoly are only justified to the extent that they are necessary to the public benefit. Lord Sydney Templeman said ââ¬Å"patent and copyright are necessary to ensure that an inventor continues to invent and that an author continue to publishâ⬠35. 8 Ladbroke (Football) Ltd. v. William Hill (Football) Ltd. [1964] 1 W. L. R. 273 Copyright, Designs and Patents Act 1988 s. 16(2) 30 Copyright, Designs and Patents Act 1988 s. 178 31 Sillitoe v McGraw Hill Book Co. (UK) Ltd. [1983] FSR 545 32 Copyright, Designs and Patents Act 1988 s. 29(3) 33 Copyright, Designs and Patents Act 1988 s. 60(5)(a) 34 Copyright, Designs and Paten ts Act 1988 s. 60(5)(b) 35 Lord Sydney Templeman, Abstract Prior to his appointment to the UK House of Lords as a Law Lord. Oxford University Press 1998 29 4 Case List Dyson Appliances v Hoover [1997] RPC 1, CA Exxon Corp v Exxon Insurance Consultants International Ltd [1981] 3 All ER 241 Francis Day Hunter Ltd v Bron [1963] Ch 587 (UK CofA) RR 207 General Tire Rubber Co v Firestone Tyre Rubber Co [1972] RPC 457 Haberman v Jackel International Ltd (1999) The times 21 January 1999 Haberman v Jackel International Ltd [1999] FSR 683 Lang v Gisborne, 31 LJ. Ch 769 (1862) Ladbroke (Football) Ltd. v. William Hill (Football) Ltd. [1964] 1 W. L. R. 273 Sillitoe v McGraw Hill Book Co. (UK) Ltd. 1983] FSR 545 Synthon v Smithkline Beecham [2005] UKHL 59, [2006] RPC 10 United Wire v Screen Repair Services (Scotland) [2000] 4 All ER 353, HL University of London Press Ltd v. University Tutorial Press Ltd (1916) 2 Ch. 601 Vermaat and Powell v Boncrest Ltd (No. 2) [2002] FSR 21 Windsurfer International v Tabur Marine [1985] RPC 59, CA Bibliography Holyoak Torremans, Intellectual Property Law (5th ed. 2008) Oxford Colston Galloway, Modern Intellectua l Property Law (3rd ed. 2010) Routledge Bainbridge, Intellectual Property (8th ed. 2010) Pearson Lexis Nexis Westlaw 5 How to cite Intellectual Property Essay, Essays
Thursday, December 5, 2019
Competitive Food and Beverage Policies - MyAssignmenthelp.com
Question: Discuss about the Competitive Food and Beverage Policies. Answer: Introduction: Organizational management of any business organization plays crucial role in the development of any business organization (Wu, Huang and Chou 2014). It is their responsibility to scrutinize the function of the business organization to run the business organization successfully (Cavanaugh et al. 2014). General Manager of any business organization influences the business operation of the organization. He covers almost all the operational areas of the business organization, such as- the administrative phase, production phase and delivery stage. He is the key person to inform about any development of the organization. The general manager plays key role in the success of the organization (AbuKhalifeh, Som and AlBattat 2013). Gold Coast Convention Centre has started its catering business recently. The business was flourishing day by day. However, due to the appointment of an inexperienced food and beverage manager the organization has faced massive crisis. The manager has taken some wrong steps and ignored many serious issues at the same time. This has led the organization to face a deadly conclusion (Gccec.com.au, 2017). The below mentioned report has demonstrated the actual reason of the massive crisis. It has presented some recommendations as well to resolve the issues and provide flawless service to its consumers. Being one of the leading business organizations, Gold Coast Convention Centre is a renowned name among the consumers. It has recently launched a new wing of catering service. In order to ensure the development of this service the organizational management has appointed many staffs who will contribute to establish a better future for the organization. The primary objective of the organization was to make huge profit and serve their consumers with quality food and beverage products. In order to achieve the desired target, the organizational management has relied on their food and beverage manager who is inexperienced in the field of food and beverage service. Due to lack of awareness in the field, the manager has taken some drastic step that has led the organization to face massive crisis. The manager has not allowed any kind of adoption of new techniques and strategies to influence the growth of the organization. The manager was keen to earn more profit but he was unwilling to impleme nt any new strategy to provide uninterrupted service to the consumers. The manager was not ready to take any efficient suggestion provided by the employees or other stakeholders. Due to the reason the manager has failed to identify the loopholes in the organizational system. There was a communication gap between the organizational management and organizational employees. According to the manager employees are always loyal to the company. He has completely relied on their performance and has not felt to give them training or rectify their mistakes by reviewing their performance. This is one of the major issues that have led the organization to face the disaster. The manager wants to achieve the desired target in the easiest way. Due to the communication gap between the organizational authority and manager, board of directors has also failed to identify the real problem in the organizational structure. The manager has claimed that the company is providing flawless service to its consu mers. On the other hand, the customers have complained that they are highly disappointed by the performance of the organization. Consumers have claimed that they are not receiving quality food and beverage and the service is extremely poor. Due to lack of communication the organizational management has failed to receive consumers feedback. As a result of this organizational turbulence, the organization has faced massive financial crisis. Gold Coast Convention Centre has faced immense loss and lost loyal consumers (Sayed, Morsy and Hassan 2016). As per the case study it can be stated that there are some major issues in the organizational structure. Such as Manager is the key person of organizational function. He plays a significant role in the development of the organization. He must possess a clear idea about the style of organizational function. He must be skilled enough to influence the growth of the organization. Being a leading business organization, Gold Coast Convention Centre must recruit one skilled and experienced manager who possesses great experience in the food and beverage service. Lack of experience and lack of capability to manage the organizational function of the new manager has led the organization to face the massive crisis (Huang et al. 2015). There is a communication gap between the employee and organizational management, organizational authority and manager and organizational management and consumers. This is another major issue that has led the organization to face failure in the catering service. Due to lack of strong interactive relation between the organizational management and stakeholders, the organizational management has failed to identify the loopholes in the organizational structure and service of the organization which is harmful for the growth of any business organization (Sanchez-Vaznaugh et al. 2015). The manager was unwilling to take the suggestion of the stakeholder. It is considered as another major issue for the failure of the organization. It is important for every business organization to meet often with the stakeholders and discuss about the issues that has been faced by the organizational management while operating the business. Every business organization must maintain transparent relation with the stakeholders and consider their suggestion while designing their organizational system. It will make the organizational structure more effective and efficient. Due to the lack of transparency with the stakeholders, the manager has failed to improve the quality of the organizational performance (Hong and Diep 2016). The manager has failed to scrutinize the performance of the employees. This is also one of the major loopholes in the responsibility area of the new manager. It is important for every business organization to review the performance of the employees frequently. It will help the organization to understand the performance growth of the employees as well as the organization. The management will be able to identify the weak performer of the team. It will foster the growth of the organization. Employees are the key component of the business organization. Their performance influences the development of the organization. The manager has failed to identify the weak link of the team. This has spoiled the brand image of the organization (Ha et al. 2014). The primary objective of the business organization is to make huge profit by providing quality service to the consumers. In order to achieve the desired target, the organizational management must follow inventory cycle procedure. The inventory cycle process consists of three primary stages, such as- ordering phase, production phase and finished goods and deliver phase (Grekova et al. 2014). The ordering phase refers to stage where an organization order and receive raw material. This stage plays a significant role in the success of any business organization. The organizational management must maintain a strong and healthy relation with all its suppliers to ensure an uninterrupted flow of raw material, as the quality of the product depends on the quality of the raw material (Giritlioglu, Jones and Avcikurt 2014). Production phase refers to a stage where products are manufactured. This is the most crucial stage in the inventory cycle. The quality of the product is highly depends on this stage. Finished goods and deliver phase is the last stage of the inventory cycle procedure. In this stage, organizational management supplies the processed products to the market, distributors and consumers. The organizational management must ensure the flawless delivery of the product to consumers to influence the growth of the organization (Grekova et al. 2016). To run the business organization, organizational management of Gold Coast Convention Centre must maintain a strong and effective inventory cycle process. By accomplishing all the stages of the inventory cycle process, the organizational management can provide quality service to its consumers, which is highly beneficial for the growth of the organization (Ford, Ng and Popkin 2015). Literature Review: According to many reports, the success of every business organization is highly depends on the inventory cycle process (Duru, Ekwe and Okpe 2014). This process covers almost all the functional area of a business organization. In order to ensure the growth of the organization, the organizational management must maintain transparent and interactive relation with all the suppliers of raw materials, as there are many raw material suppliers but there is a lack of quality product suppliers. According to some analysts, to maintain healthy relation with the raw material suppliers every business organization must maintain contractual agreement (Ferrer and Ferrer 2016). It will help the organization to earn the faith of the suppliers. The business organizational management must consider transport system as an important factor while designing the organizational strategy. It will be helpful for the organization to supply raw material to the firms as well as it will be helps full for the organiza tion to supply the processed product to the consumers or distributor. In the case of, Gold Coast Convention Centre, the organizational management must use a strong transport system to supply the raw materials to the firm. Some analysts claim production phase as the most crucial stage for providing flawless service to the consumers (Fardet and Boirie 2014). The organizational management must adopt all new and innovative techniques to improve the productivity of the organization as well as to improve the quality of the product. After the production process, the organizational management must deliver the fresh and newly processed to the consumers or distributors. Some analysts claim that the role of the business organization is not only restricted to the product delivery phase. The organizational management must maintain interactive relation with the consumers as well as with the distributors to receive their feedback. It will help them to identify their mistakes which are highly benef icial for the improvement of product quality (Chen, Chiu and Hsu 2016). Recommendations: Being the general manager of Gold Coast Convention Centre, some recommendations can be made to improve the service quality of the organization and establish a better future for the organization, such as- To ensure the growth of the organization, the organizational management must make an appropriate plan which will be helpful for the organizational management and staff members to identify their responsibility area. This will helps them to realize their duty towards the organization. The organizational management must adopt all the new techniques to improve their performance quality as well as the product quality. The implementation of new techniques will raise the productivity rate of the organization. It will help the organization to manufacture many food and beverage products within a short span of time. In order to achieve the desired target, the organizational management must maintain a strong supply chain. They must maintain transparent and interactive relation with all its suppliers as well as all the stakeholders. They must maintain contractual agreement with all the suppliers to avoid any kind of legal issue. The organizational management must examine the performance of the employees. It will help them to identify the weak performer of the group. The organizational management must conduct training and development program to enhance their skill. The organizational management must maintain interactive relation with the employees to provide them a transparent picture of organizational objective. It will motivate them to give their best performance to achieve the desired target and put a strong foot print in the industry. During training session the organizational management must explain new changes that need to be implemented to improve the organizational performance. It will help the employees to adopt new changes smoothly. The organizational management of Gold Coast Convention Centre must use new and innovative communication tools to receive feedback from the consumers. They must start their own blog to provide a strong platform to the consumers where they will be share their views about the food and beverages of the company as well as the service quality of the company. The organizational management must pay close attention to all the feedback of the consumers to improve organizational performance. The development of the organization is highly dependent on the feedback of the consumers. In order to ensure the development of the organization, organizational management must concentrate on improving communication with the consumers. The organizational management must use all the new forms of media to promote their brand name. It will be highly beneficial for the organization to increase the profit margin. Social media in recent time is considered as the most effective weapon to draw the attention of large number of audience. The organizational management must promote their brand name in the social networking sites in an effective manner. The organizational management must appreciate their employees and give them some extra provisions like extra leave, incentives, bonus and rewards and so on to motivate them to give their best performance. It will stimulate the performance of the employees and foster the growth of the organization. It is important for every business organization to appreciate employees to achieve the long-term goal. Board of directors of Gold Coast Convention Centre must often meet with the managers to take follow up of recent developments. They must explain organizational policies and strategy to the managerial department to prevent them to participate in any kind of unethical practices and show them the right path to achieve the organizational target. Conclusion: As per the previous discussion it can be concluded that due to lack of knowledge about the food and beverage service the manager has led the organization towards the wrong direction for which the organization has faced massive loss. It is important for every business organization to follow a strong and effective inventory cycle process to ensure the growth of the organization. It will help them to improve the performance quality as well as earn huge profit. 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