Constraints of literacy in developing countries Essay Example for Free

Constraints of literacy in developing countries Essay Poverty and illiteracy go hand in hand. Majority of the illiterate women live in countries with increasing economic difficulties and enormous debt burdens. The existence of multiple causes such as discrimination and deprivation against the female population is easily revealed (E. Malmaquist, 1992:19-20). Two hypothesis (1) barriers and (2) effects are constraints of literacy. Both will be examined and broken down for better understanding as to why they correlate with education to affect womens development.coge ger segegew orge gek inge foge ge. Several barriers reveal important patterns and trends in womens education in developing countries[1]. Each indicators leads to the same conclusions: the level of female education is low in the poorest countries, with just a handful of exceptions and by any measure the gender gap is largest in these countries.[2]cogg ggr seggggw orgg ggk ingg fogg gg.  Literacy Ratescoef efr seefefw oref efk inef foef ef. Literacy is one of the principal goals of education around the world. The ability to read and write is considered almost a basic human right. Yet low literacy rates prevail among women in many developing countries a staggering figure of twenty percent for female adult literacy rate (E. King, etal, 1997: 2). According to Malmquist (1992) women often face practical barriers to their participation in literacy programmes[3] (19). One must realize that even though literacy is not the only means to development it should be considered an essential instrument in the right direction to growth potential (25). This work from www.academicdb.com In Afghanistan, Burkina Faso, Nepal, Somalia and Sudan, fewer than ten percent of women are literate, while male literacy rate is not so low. The percentages of men who are literate are three to four times larger. Among other countries the gender gap is noticeable large: Libya 30%, China 38%, Zaire 26%, Botswana 21% and Turkey 23%.[4]coge ger segegew orge gek inge foge ge. Obstacles to literacy  Womens place is in the home. Subsequently, we have heard this phrase many times over. In several developing countries, this saying is true for while the men folk are away from the home, the women take over the mens work while attending to their customary chores. On their shoulder lie the responsibilities of the household, children and the work of the fields. Even though men work from sunrise to sunset, a womans work is never done. Many women rise at four or five oclock in the morning with a lot of chores to be completed before day is done. [5]coca car secacaw orca cak inca foca ca: Frequently a woman covers long distance carrying wood, water and farm products (K. Chlebowska, 1990: 83). It is no wonder these women have no opportunity in pursuing an education that will enable them in their developmental process if they have no time for the betterment of themselves.coca car secacaw orca cak inca foca ca; Educationcoaf afr seafafw oraf afk inaf foaf af;  According to Chlebowska, in 1985 some 130 million children[6] eighty percent of who were girls did not attend school. Insufficient numbers attending school, dropout and absenteeism are variables of the education of girls. Distance from school is one of several obstacles to school attendance. In rural areas where transport facilities are limited, parents hesitate to send their daughters to a remote school outside villages or homes. If transport exists they are not free and parent who are poor must either abandon schooling or make a choice, which is always the determinant of the girl staying at home (K. Chlebowska, 1990: 72). sabir4u, please do not redistribute this project. We work very hard to create this website, and we trust our visitors to respect it for the good of other students. Please, do not circulate this project elsewhere on the internet. Anybody found doing so will be permanently banned. School dropout is more frequent amongst girls. Also engagement, marriage and motherhood contribute to school dropout. The percentage of girls in primary schools in developing countries is lower than that of boys. A case in point is in Africa in1987 the rate of enrolment of boys aged 6 to 11 was 69% and that of girls only 56% for the same age group. In Asia 77% boys attended school while 59% girls did not (73). sabir4u, please do not redistribute this paper. We work very hard to create this website, and we trust our visitors to respect it for the good of other students. Please, do not circulate this paper elsewhere on the internet. Anybody found doing so will be permanently banned. In summing one can ascertain that under-attendance of girls at school attributes to less being able to neither read nor write. The reasons are that many of these girls live in rural areas and are generally poor. Parents do not see the attendance of their daughters in school a necessity and not essential when there are household chores to be performed, which in the eyes of mothers and grandparents are more important than education, whereas it is for boys as they turn out to become heads of the households (K. Chlebowska, 1990: 74).coec ecr seececw orec eck inec foec ec; As we have observed there are constraints put into place, which affect womens literacy in developing countries. Subsequently, it is more difficult for women and girls to acquire an education while boys are given more of an opportunity to do so. As a result, due to this kind of restriction on women the manifestation of gender-gap has astronomical influence that is irreparable.codb dbr sedbdbw ordb dbk indb fodb db.

The Amazing Catch Essay Example for Free

The Amazing Catch Essay I am writing this paper on the video clip of the amazing catch made by the ball girl. This paper is going to be my perception of the video as I go through the three stages of perception. I will also be explaining my thoughts throughout the three stages of perception while watching the video. In addition, I will in the end be deciding whether or not I believe the video to be true or fake. Selection. Selection is defined in the book as the following â€Å"The process of attending to a stimulus. † (Floyd, pg. 109) I have watched this video over and over before writing this paper, but the first time I watched it nothing really stood out to me besides the very end where the girl catches the ball because that stimulus was unusual so my brain selected that. However, when I repeatedly watched the video I started to notice other things because I was using repetition. Some things that started to stand out to me were that the catcher changes his glove from one hand to another throughout the short video. Also the logo on the catcher’s vest changes sides during the video. And the last thing that stuck out was that after the girl catches the ball, you cant really tell she has a ponytail and she keeps her face towards the ground and not up where you can see it. The third characteristic of selection is intensity, which sort of ties the first two characteristics together. The reason I noticed the catch first was because it was my first time seeing the video so I didn’t know what to expect, and because the intensity or unusualness of the catch caught me off guard and my brain became alert, but as I began to look closer after watching it a few times I noticed more minute differences that I would never had noticed the first time watching the video. Organization. The book says organization is â€Å"The process of categorizing information that has been selected for attention.† (Floyd, pg. 109) When we are in the second stage of perception, there are four types of schema that  we use when we classify what we perceive about other people. Those four schemas are physical constructs, role constructs, interaction constructs, and psychological constructs. I however didn’t really use all four of those constructs when watching the amazing catch. I used three of the four schema, the physical, role and interaction constructs were the ones I used while classifying the information I perceived. When it comes to the physical constructs, it emphasizes people’s physical attributes. I noticed the girl wasn’t very tall, she was probably mid twenties, and that she had a slim body shape, which are all factors that make the catch hard to believe. The role constructs emphasize people’s social or professional positio n. I noticed at the end of the video was that she was a ball girl, and most ball girl or boys don’t ever go for a ball if it is in play or could potentially stay in play which I thought was a tad bit odd. The last construct that I used is the interaction construct. The interaction construct emphasizes people’s behaviors and I noticed that the girl kept her head down until she was in the chair with the camera on her. I find that weird because if you had just made a catch as amazing as that in a major league baseball game the last thing you would be doing is calmly jogging back to your seat. You would be showing off and admiring all of the cheers you were getting from the crowd. Stage one also aided in completing stage two because without being able to select the different stimuli in the beginning I wouldn’t be able to organize them and I wouldn’t have noticed all of the constructs that I saw during stage two. Interpretation. Interpretation is â€Å"The process of assigning meaning to information that has been selected for attention and organized.† (Floyd, pg. 111) There are three factors when it comes to interpretation. The three factors are experience, knowledge, and closeness. These are not especially useful in this situation because I have no personal experience with this girl, I have no former knowledge of this girl, and I have no closeness or relationship with this ball girl. I do however have prior knowledge of major league baseball. In major league baseball I have a hard time believing that a ball girl/boy would just jump into the game and catch a ball that was still in play, that is not their job and it is very unlikely. I don’t have a relationship with the girl, and I don’t have any prior experience with her  so I have no idea if she would just jump right into the middle of a game, but also having no prior closeness to this girl it is a lot easier to doubt her and feel like she is lying. Stage one and stage two of the perception process helped aid in my completion of stage three because without having stimuli to select and then organize I would have nothing to create an interpretation of. In conclusion, I do not think this video is real. I think this video is fake because of the switching of the glove and logo on the catchers uniform. I also found it very weird that you never got to see a close up of the girls face after the catch until she was all the way back at her seat. The last thing that makes me think this video isn’t real is that it just isn’t a believable thing for anyone to be able to do. I don’t think any human unless they were extremely tall would be able to jump to such a great height. It would be very impressive if this video truly is real, I just don’t perceive it to be. Works Cited Floyd, Kory. The Process of Perception. Interpersonal Communication. New York: McGraw-Hill, 2011. 108-13. Print.

Electronic business

Electronic business E-business (electronic business) can simply be described as a wider concept that embraces all aspects of the use of information technology in business. It doesnt just deal with buying and selling it also deals with the servicing customers and collaborating with business partners and with organisation. An example of is Amazon, they deal with the selling of books and music cds online. They act as the middlemen in between the publishers and the consumers. E-business is any business process that is empowered by an information system. E-business can be divided into three parts namely business to consumer, business to business and business to employee. Today, this is mostly done with Web-based technologies. Electronic business methods enables companies to link their internal and external processes more efficiently and flexibly, work more closely with suppliers and partners to better satisfy the needs and expectations of their customers. In practice, this involves the introduction of new re venue streams through the use of electronic commerce, the enhancement of relationships between clients and partners and improving efficiency from using knowledge management systems. E-business can be conducted over the public Internet, through internal intranets and over secure private extranets. E-business covers business processes along the whole value chain: electronic purchasing (e-procurement) and supply chain management, processing orders electronically, customer service and cooperation with business partners. This applies to traditional and virtual organisations. Special technical standards for e-business facilitate the exchange of data between companies. E-business software solutions allow the integration of intra and inter firm business processes. Applications can be divided into three categories: A) Internal business systems: Customer relationship management Internal transaction processing Human resources management Process control Employee information portals Workflow management Enterprise resource planning Knowledge management Document management systems B) Enterprise communication and collaboration Content management system E-mail Voice mail Discussion forums Chat systems Data conferencing Collaborative work systems C) Electronic commerce- Business-to-business electronic commerce or business-to-consumer electronic commerce Electronic funds transfer Supply chain management E-marketing Online transaction processing Scope of e-business applications These applications can be available to different kinds of users: All users of the internet Only the employees on the intranet A specified targeted group of users of an extranet (like customers, partners etc.) E-business offers the opportunity to rethink a whole range of assumptions about how businesses operate, how they relate to their customers and supplies, and their roles and position in the wider market place. The drivers for e-business can be divided into the follows: Opportunities and Threats. Opportunities E-business gives the opportunity to choose a business model. Some organisations such as prudential assurance with Egg and Co-operative Bank with smile have launched different internet businesses, and have taken the opportunity to establish a new brand which might be more representative of their business vision for the future of their business, that an old long-standing brands. E-commerce also gives the opportunity to define the relationship with customers. I.e. routine service transactions are under the customers control. The customer is encouraged to learn the script for example the process associated with placing an order. This learning increases the barriers to switching. Customer knowledge: This embeds the collection of data which give the organisation an upper hand over rivals for example my bank. My bank knows my by name and address which can help stop crime. Cost saving on transactions can be considerable because the customer takes responsibility for a large element of the service transaction. Access to global markets: This takes place mostly in niche markets; access to such global markets has provided welcome opportunities for small businesses and entering the global market is challenging. Threats Barrier of entry are minimal. It takes short period of time to implement web presence and thereby to launch a new business. Size doesnt matter and indeed small and medium sized companies may be more flexible and adaptable. Increase customer expectation about choice, especially in relation to wide product range, the opportunity to undertake comparison shopping, and 24-hour availability. Pressure on product margins. Markets that have pressure on product margins, additional pressure will arise from an additional channel of delivery. Virtual organisations (VO) This is a temporary network of independent companies- supplies, customers, even rivals- linked by information technology to share skills, costs, assets, ideas to create, distribute product and services with out being limited by traditional boundaries or locations and gaining access to one anothers markets. Virtual organisation has many locations and need to communicate between those locations, to share information and work collaboratively on that shared information to produce joint products and services, with the use of information systems. From my point of view virtual organisation can be described as A virtual organisation is an opportunity-pulled and opportunity defined integration of core competencies of different partners which is based on information systems. In a virtual organisation a single project can run across different partners on basis of computer support. In a virtual organisation experts can be accessed through the computer network. In a virtual organisation participants interact with each other as team members within computer supported collaborative work. In a virtual organisation, companies must be connected electronically so that people within an organisation can inter-operate and intra-operate across the electronic business environment, using common tools to navigate around the e-business environment and share information. Virtual organisation will have neither central office nor an organisation chart. This type of organisation will have no hierarchy and no vertical integration. The purpose of such an organisation is to or alliance is to command speed and flexible in order to: Break down market barriers to new products by rallying the required skills and expertise from groups, individuals, and even rivals from outside organisational boundaries. Gain access into new markets and technologies. For this type of organisation to exist they must have the following: Adaptability, flexibility and responsiveness to change requirements and conditions. Effectiveness. Empowerment of staff. Low level of bureaucracy. High infusion of IT to support business processes and knowledge workers. Stewardship of expertise, know-how and knowledge. Dispersion of components parts. The success factors for such organisations are: Shared risks. Mutual benefits. Trust. A shared vision. The goals of a virtual organisation are: Excellence: each partner brings its core competence. Utilization: resources of partners are utilized more profitably. Opportunism: market opportunity can be met better together than by each individual company. Any of these factors can change the opportunism that led to the formation of a virtual organisation may lead to its demise. The bad thing about this organisation is that when they is a conflict, misunderstandings or unforeseen event the organisation has few established procedures to deal with the negotiation and conflict resolution. In a virtual organisation a key component to have is a virtual team. A virtual team is an evolutionary form of network organisation enabled by advances in information and communication technology. The opportunistic nature of such alliances suggests that they will generally be short term and exist only until after their objective has been achieved. The five main attributes of a virtual organisation are alliance for a common goal, underlying information and communication technologies, vertical integration, globalization, and collaboration. The member companies may then disband and proceed to create new partnerships. In reality the permanence of alliances an d the way in which virtual organisations mutate will depend on the interdependencies between the member the members, and the extent to which original objectives evolves into new shared objectives. Organisations are driven to become VO due to different situation: Needs for process innovation companies are often motivated by competitive pressures, supply, demands and other factors to achieve increased productivity and quality. Sharing of core competencies- VO (virtual organisation) help address the voids in an organisation for example the starting up, turn over and retirements. Mobile workers- VO (virtual organisation) concepts can help the numerous companies employing mobile staff such as auditors, consultant and technicians. Cost reduction- improving efficiency often means reducing overhead, such as redistributing cost over several partners locations. Changes in employee values and attitudes toward work- quality of life are a major factor in keeping and employing staff. Costs and problems of traveling- VOs (virtual organisation) address transportation issues, such as unpredicted commuting time, traffic hassles, the cost of fuel and environmental impact of commuting. For an organisation to be able to implement VOs (virtual organisation) it will include: Telecommuting the partners employees work at a location away from the usual workplace such as at home or mobile locations. Tele-centres these satellite offices typically are located in communities outside of local area but provide space, equipments for employees commonly not available in telecommuting. Mobile working this refers to the working environment of mobile workers who are required to use technology such as mobile phones, e-mail wireless devices, pagers and laptops. Hot desking is when employees of an organisation temporary physical occupy a work station or surface in the organisation or a partners organisation. Hoteling employees of this organisation dont have traditional office space in a building but instead work from home or the road and reserve conference rooms or offices at a building, usually the companys headquarters, when they need to meet with clients, colleagues, or their departments. Virtual team is a group of employees that work in a Geographically Dispersed Team (GDT), space, and organisational boundaries with links strengthened by webs of communication technology i.e. e-mail, groupware or video conferencing. Technologies In E-business technology is any thing that facilitates and constrains the development of e-business. Most of the excitement around e-business is integrally associated with the potential of the internet, and more specifically the web. Whiles these technologies are important let us not forget that in e-business, especially in business-to-consumer applications, is concerned with allowing customers access through whichever channel they choose for example mobile phones, personal digital assistants (PDA) with WAP display or public access kiosks i.e. in airports, railway stations, and shopping centres. So in other words customer will want to be able to access information in the move, as well as through fixed machines at home or at work. The only problems with this is that the products been viewed can not be touched, smelt, or seen like in a traditional shop. An advantage of these e-businesses is that a customer can go to a virtual mall and collect information on a product, compare prices with similar products and also check details of the product. The main technologies that I will be talking about will be: The internet. The World Wide Web. Intranet and Extranets. The term internet and World Wide Web are often used interchangeably. These two are not the same thing. The internet is a collection of interlinked computer networks or a network of networks while the World Wide Web comprises of those servers linked to the internet that use HTTP. The defining characteristic of the web is that websites or documents are linked to one another through hyperlinks which are embedded in the website. Users move from one site to another with the help of hyperlinks. Another concept that is often encountered in the internet world is that of the intranet. An intranet is an organisations internal communication system that uses internet technology. Intranet is a web browser and graphical user interface. While the internet offers access to its contents for almost any member of the public, intranet have strict access controls in form of passwords and firewalls. These security devices protect company web pages, document databases and other information from external access. These are useful for large companies operating from several places. Extranet is an extended intranet that gives access to users beyond the organisation such as customers, suppliers, collaborators and some times competitors. Extranet also have security devices that protect information from other internet users and define the level of access for approved users. The internet connects millions of computers and the rate of increase in use and the new subscriber are the growth day by day all over the world. This is why a lot of companies are very excited and invest a lot of money in the e-business area of there company. For companies the internet is the gateway to a huge market its just a matter of finding your niche. An example of a very success internet company that we all know is Amazon. Most companies find it important to have a presence online in form of a website, since the internet is becoming a cheaper way of promotion and visibility. For customer the internet is a gateway to information, commercial and government websites, software and document archives, and e-mail. The internet offers for both the customer and companies a rich seam of information and commercial transactions and commerce. Relationship between E-business, Virtual Organisation, and Technology. The relationship between e-business, virtual organisation and technology are that virtual organisation needs e-business and technology. In virtual organisation technology is important because virtual organisation needs these technologies such as the internet to form and re-form alliances and to create blurred boundaries of the organisation, break down barriers to entry and gain access to new markets. It also needs technology for security issues, compatibilities and interoperability, payment mechanism and mobile network channel capacity. It needs e-business because e-business embraces all aspects of information technology in business i.e. security issues related with data security and payment mechanisms, reducing costs, improved customer service and increased competitive edge. This includes buying and selling, collaborating with business partners and the integration across business processes and communication within the organisation. Technology has also helped the virtual organisation advance information and communications technologies. It has also have in flexibility, improved security, low costs, and improved resource utilization. Technology has helped communication to allow members separated by time and space and often culture, geography, history and future to engage in collaborative work. E-business technology is important because e-business needs technology to be able to embrace information technology for example without the internet e-business will not be able to care out tasks like buying and selling online, communicating with customers, companies being able to promote and be visible online. So without technology they will be no e-business. Virtual organisation can be related to e-business only if a company is involved in a temporary network of independent companies linked by information technology to share skills, costs and access to one anothers markets or to produce a product or service. Virtual Organisations and e-business are related to technology or work hand to hand because without them the relevant technologies would not have being created for example in e-business the online transaction processing would have being useless because they will be no need for online transaction without the introduction of e-business. In the case of virtual organisation technology has help make it work for example the internet has made it easy for a virtual organisation to form and re-form alliances and to create blurred boundaries of the organisation, break down barriers to entry and gain access to new markets. Technology has also helped virtual organisation advance information and communications technologies. It has also have in flexibility, improved security, low costs, and improved resource utilization. Technology has helped communication to allow members separated by time and space and often culture, geography, history and future to engage in collaborative work. Benefits of E-business are that it gives the opportunity to choose a business model, it redefines the business relationship, it introduces cost saving for the company i.e. advertising or overhead costs, it gives the company access to new global markets, the company gets introduced to E-commerce, it gives companies like banks Customer knowledge for instant knowing the customer by first name. Benefits of technology are better communication i.e. able to reach more people with the help of the internet, saves on over head costs, it introduces cheaper ways of promotion and been visible to the customers and potential customers, technology gives better storage methods i.e. banks storing information on the magnetic strip of a credit/debit card or super markets storing information on a bar code, it introduces better ways of communicating. Benefits of virtual Organisation are the partners share risks, share costs, it breaks down market barriers to new products by rallying the required skills and expertise from groups, individuals, and even rivals from outside organisational boundaries, it give the partners access into new markets, expertise and technologies, it introduces increased flexibility of organisations and finally it improves customer relations for the partners. Conclusion As discussed I believe that technology, virtual organisation and e-business work to complement each other. Technology is important for both e-business and virtual organisation because both need some sort of technology to be able to exist or work for example virtual organisation can not succeed without technology. It needs technology to set up a networks, communications, security and e-business cant exist without the help of technology because technology is needed to embrace information technology foe example support the internet, World Wide Web, electronic mail, groupware such as lotus and video conferencing. In terms of technology without e-business and virtual organisation the technologies will not be designed or created for example in e-business the online transaction processing would have being useless because they will be no need for online transaction without the introduction of e-business. Technology has also helped virtual organisation advance information and communications t echnologies. It has also have in flexibility, improved security, low costs, and improved resource utilization. Technologies has helped communication or have meetings to allow members separated by time and space and often culture, geography, history and future to engage in collaborative work.

The Plague Essay -- essays research papers

The Plague   Ã‚  Ã‚  Ã‚  Ã‚  The rats did it! Rats, almost single handedly, killed off about a third of the European population throughout the 14th and 15th centuries. Its effects on western civilization still lasts today, but for the people who lived during the plagues wish indeed that they did not. Society was depressed, the economy was struggling, food was scarce, and all of Europe was in battle. Who would want to live in these dramatic conditions? No one, and not for centuries to come.   Ã‚  Ã‚  Ã‚  Ã‚   The Plague, also known as the Black Death, or the Bubonic Plague, which struck in 1346, and again in 1361-62, ravaged all of Europe to the extent of bringing gruesome death to millions people of the Middle Ages. It was a combination of bubonic, septicemia, and pneumonic plague strains that started in the east and worked it’s way west, but never left its native home. One of the things that made the plague one of the worst was that there were outbreaks almost every ten years but still restricted to Europe. It is thought that one third to one half of the population in Europe could have possibly died due to the plague with some towns of a death rate of up to 30 or 40 percent. Very few that were infected with the plague actually survived more than one month after receiving the disease. The Black Death was an incredible event that effected everyone on a physical level, emotional level, or both. The Black Death was more terrible, and killed more people than any war in history. The plague was so horrible and terrifying that people said it made all other disasters in the Middle Ages seem like a walk in the park when compared it to the Black Death.   Ã‚  Ã‚  Ã‚  Ã‚   The infested rat, called the black ship rat, was carried in the baggage of merchants on board ships traveling all over the Mediterranean. They didn't know it, but It was the people that actually spread the disease across the land. The plague spread in a great arc across Europe, starting in the east in the Mediterranean Sea, and ending up in Germany. It is incredible that the plague hit Europe several times, but still no one understood neither the causes nor the treatments of the epidemic.   Ã‚  Ã‚  Ã‚  Ã‚  Although the Black Death was one of the largest epidemics ever recorded, it did not have many visible symptoms. The actual symptoms varied i... ...e seen along with the cathedrals started in the 12th and 13th centuries and never finished because of the plague.   Ã‚  Ã‚  Ã‚  Ã‚  The effects on the future were not as bad as the effects the 14th century people experienced. After the plague had set in on Europe and took its toll the people began to stop writing and in turn stop reading. The citizens became illiterate and showed no real interest in the arts. The European population steadily declined after 1350 for the next century. In 1351, it was calculated that the total number of dead in Europe was approximately twenty-four million people. That is a great decrease considering that there was an estimated seventy-five million people living in Europe before the Black Death struck.   Ã‚  Ã‚  Ã‚  Ã‚  The Plague certainly had one of the greatest effects on the world in all areas, and was also one of the greatest displays of human suffering ever. The Plague caused the people of western civilization to lose family, food, society, and basic fundamentals of living. It seems that bad or depressing situations give us a grasp on what is really important in our daily lives, and that is what we all need.

The Elusive Form: The Use Of Female Characters In naked Nude :: essays research papers

The Elusive Form: The Use of Female Characters in "Naked Nude" Thesis and Outline: Thesis: In his picturesque short story, "The Naked Nude", Bernard Malamud uses the female characters to develop, enact, and resolve Fidelman's epiphany and to bring about the protagonist's final, artistic self-understanding. I. Introductory paragraph--statement of thesis. II. The prostitutes A. in contrast to Fidelman's initial idea of the artistic nude B. "maybe too many naked women around made it impossible to draw a nude"--establish basis of conflict within Fidelman III. Teresa A. flat, static character--functions totally as a touchstone for Fidelman B. provides Fidelman's first turn towards artistic epiphany IV. Bessie, his sister A. childhood memory brings about full epiphany V. Venus of Urbino A. aesthetic constant--she, as a painting, remains static B. Fidelman's method of viewing her evolves, providing his epiphany VI. Relationship of female characters VII. Conclusion and restatement of thesis. Bernard Malamud, a leading contemporary Jewish author, skirts between fantasy and reality in his almost allegorical short fiction, teaching the reader a lesson through coinciding elements of beauty and comedy. Venturing away from his usual, inner-city Jewish element, Malamud tackles new challenges of subject and setting in his novelistic collection of short stories, Pictures of Fidelman . Malamud develops his protagonist through a series of six, interrelated short works, each of which may function entirely independent from the others. In "The Naked Nude," for instance, Fidelman comes to a new, artistic maturity through his attempt to copy the famous painting "Venus of Urbino" by Titian Tiziano. Malamud's recurring theme of self-knowledge through suffering permeates this short work. Scarpio and Angelo, as primary antagonists, provide the bulk of this suffering for Fidelman. It is his own mental captivity concerning the female nude, however, that gives cause for Fidelman's eventual epiphany asan artist and as an individual. His relationship to the women in the work shapes his ability to capture the form of the "Venus" and to come to grips with his own self-worth. In "The Naked Nude," Bernard Malamud uses the female characters to develop, enact, and resolve Fidelman's epiphany and to bring about the protagonist's final, artistic self understanding. At the story's outset, Fidelman is forced to act as janitor and manservant to a group of ill mannered prostitutes under the employment of the padrone, Angelo. These offensive characters establish the first of a series of mental obstacles in the imprisoned protagonist's attempt to copy Titian's nude. They torment Fidelman with cynical laughter and exploit his demeaning position. His sexual insecurity is established at the beginning of the story when he ponders his violent guillotine sketch, asking "A man's head or his sex?...either case a terrible wound" (Malamud 318).

Covenanted Governments :: essays research papers

The covenant is very dear to our modern world, being that many political philosophers that shaped our modern world based much of their theories on a covenanted government. When looking at the United States, the theory was considered important from the Mayflower Compact and on. The theory of â€Å"a covenanted people† is associated with Locke, Hobbes, and Rousseau. Our â€Å"framers† took all of the aforementioned history and philosophy in account to develop our virgin nation. The concept of a covenant and covenanted form of government has greatly metamorphisised over time into nations such as ours. The thoughts of its origins are also very electric and diverse. Despite all of these idiosyncrasies, there runs a common thread through a compact form of government, and that is power is in the hand of a sovereign and all involved in the government are there by tactic consent. Around the time the pilgrims rebelled against King James in England, philosophy was abundant, especially that influenced by the belief in god. A majority of the governments around the world were monarchies. As far as our country is concerned, the pilgrims were the first to establish a covenanted government with the Mayflower Compact. This compact stated that all aboard the ship headed for the â€Å"new city of God†, were under the rule of God. Here is the clincher: even though it was a government under the rule of God, the agreement was that the people in God’s name would run the institutions of government. People executed God’s will his â€Å"permission†. In these times, people believe that they were carrying out God’s name and very will. These people weren’t bound together by caprice and whim, but for and out of necessity and deep-rooted religious beliefs. They formed a civil body politics so they may increase their chances at survival. The next vital document that was created in the â€Å"New World† was the Fundamental Orders of Connecticut. This document was closely related to the Mayflower Compact in that it was made in the name of God, it established a theocracy. This document brought people together in a tacit agreement that they would obey the word of God, as interpreted by the people and the sovereign appointed (a magistrate). The fundamental Orders and the Mayflower Compact are very distinct from the Articles of Confederation and the US Constitution in that they are theocracies. The people governed the letter two of the aforementioned; religion played little or no importance.

Trade Mark

TRADE MARK 1. 1. The History Of Trademark Law The marking of goods for various purposes, including identifying them from those of other traders, dates back to ancient times. In the same way, the existence of rules governing the use of such marks goes back to the medieval craft guilds. A â€Å"trademark for commercial goods† necessarily requires commercial goods; in societies based on the barter system, therefore, there was no basis for â€Å"trademarks for goods. † Trademarks not only identify goods, but create a distinction between goods from various sources.Consequently, a competitive relationship exists, and an overly simplistic mark is insufficient to be a trademark. The trade of goods came into practice long ago, and the use of trademarks is thought to have evolved from that. The origin of trademarks can be traced back as far as the beginning of the circulation of goods. The history of marks is nearly as old as the histories of mankind and religion. Scientists have come across excavated artifacts from places such as ancient Egypt with various symbols carved thereon for religious and superstitious reasons. Potters marks† appeared in relics left from the Greek and Roman periods and were used to identify the maker (potter) of a particular vessel). Among those who specialize in researching the cultural heritage of marks, the studies surrounding â€Å"potters marks† are famous. It would be difficult, however, to say that these marks are trademarks in the sense of the modern meaning. Over time, different methods of identification and distinction developed. Loved ones and pets were given names. â€Å"Proprietary marks† (in the form of a name or symbol) were affixed to goods to enable one person to distinguish their own possessions from those of others.Craftsmen applied their names, unique drawings, or simple inscriptions to identify goods they created. Even though these marks surely helped in distinguishing goods, it is difficult to say that these marks were trademarks with distinctiveness in the modern sense of the word. Symbols on goods used in ancient Rome and other countries near the Mediterranean sea had similar characteristics to the trademarks of today. Because this ancient region is considered to be the first to actively circulate goods, it is widely thought that trademarks evolved in response to the emergence of a society in which goods circulate in commerce.However, even in those days, a trademark system based on property rights did not yet exist. Around the 10th century, a mark called a â€Å"merchants mark,† appeared, and symbols among traders and merchants increased significantly. These marks, which can be considered one kind of â€Å"proprietary mark,† essentially were used to prove ownership rights of goods whose owners were missing due to shipwrecks, pirates, and other disasters. Even now, in every part of the world, horses, sheep, and other animals are still branded with a mar k identifying the owner.In Japan, a symbol is affixed to lumber that is tied onto a raft and sent down a river to its mouth. These types of marks are reminiscent of the â€Å"merchant's mark† of the past. In guilds of the middle ages, craftsmen and merchants affixed marks to goods in order to distinguish their work from the makers of low quality goods and to maintain trust in the guilds. These marks, known as â€Å"production marks,† served to punish the manufacturers of low quality goods for not meeting the guild's standards and to maintain monopolies by the guild's members.These production marks helped consumers to identify and assign responsibility for inferior products, such as, goods short in weight, goods comprised of poor quality materials, and goods made with inferior craftsmanship. Because these marks were affixed out of compulsion or obligation, rather than one's own self-interest, they also became known as â€Å"police marks† (polizeizeichen) or †Å"responsibility marks† (pflichtzeichen). They acted not only to distinguish between sources of goods, but to serve as an indicator of quality as well.While modern marks work to ensure the quality and superiority of certain goods, the obligatory marks served to uncover defective goods. â€Å"Responsibility marks† were more burdensome than real property, and could not be changed easily once the mark had been adopted. Furthermore, it is thought that this type of mark did no more than simply guarantee minimum quality. Finally, these symbols were different from modern marks in that they emerged to benefit the guilds, and were not for the benefit of the production mark owner.From the Middle Ages, through â€Å"police marks† and â€Å"responsibility marks,† modern trademarks slowly developed as the Industrial Revolution sparked the advent of what is now modern-day capitalism. Gradually, the guild systems disintegrated, and free business was established. Marks be gan to actively identify the source of goods rather than obligatory guild membership. About this time, special criminal laws protecting trademarks were also developed out of early forgery, counterfeiting, and fraud laws.Civil protection was gradually and systematically established against those who would use another's mark with out permission (â€Å"infringers†). In France, the â€Å"Factory, Manufacture and Workplace Act† of April 20, 1803, (Article 16) is internationally noted for establishing a system which made it a crime to pass off another's seal as one's own. Further, the Criminal Acts of 1810 (Article 142) and 1824 (Article 433) made it a punishable crime to abuse the name of others or wrongly use the names of production areas.Under the English common law system, fraud and the improper use of marks known as â€Å"passing off† an action for which remedies were contemplated that continue today. A trademark equity law was added eventually to supplement comm on law protection, but England did not establish a comprehensive system for trademark protection until 1905, nearly 50 years after the establishment behind France. Prior to the 1905 Act, â€Å"The Merchandise Marks Act,† which focused on provisions dealing with deceptive indications, was passed on August 7, 1862. The â€Å"Trade Mark Registration Act† was also passed in 1875.The 1905 Act was amended in 1919 and 1937, until a new Act was passed in 1938. This Act fundamentally changed the system in many ways, permitting registration based on intent-to-use, creating an examination-based process, and creating an application publication system. It equipped the English system with advances that surpassed the trademark law of France at that time. Consequently, U. S. and Japanese trademark laws were greatly influenced by the 1938 Act. American trademark law was initially influenced strongly by English trademark law. In the U. S. various avenues are available for seeking a reme dy. The state courts will adjudicate based on state registration or common law right; the federal courts will adjudicate based on federal registration. The trademarks in the U. S. that are owned by Japanese companies are primarily federally registered trademarks. On July 8, 1870, the Federal Trade Mark Act was enacted as the first U. S. federal law to protect trademarks. In 1879, however, the U. S. Supreme Court held the law was unconstitutional due to a conflict with the provision on patents in the U. S. Constitution. It was therefore abolished.In its place, a trademark law was enacted on March 3, 1881 that targeted trademarks used in interstate commerce (and in the commerce with Indian tribes) based on the interstate commerce clause in the U. S. Constitution (art. 1, sec. 8, cl. 3). This law, however, was unable to accommodate the development of the American economy and underwent a major amendment in 1905. It underwent further partial revisions occasionally during subsequent years . Upon the enactment of the Lanham Act on July 5, 1946, American trademark law came to rank equally with English or German trademark laws.The Act was named after a congressman who had devoted himself to its creation in. The first trademark law in Pakistan was passed in 1940 and was known as the Trade Marks Act, 1940. Thereafter in order to comply with its international obligations, the Government of Pakistan decided to amend and consolidate the law relating to trademarks and unfair competition to provide for registration, better protection of trademarks, and the prevention of infringement. Therefore, the President of Pakistan passed the Trade Marks Ordinance, 2001.Trademark law in Pakistan is presently governed by the Trade Marks Ordinance, 2001 and the Trade Marks Rules, 2004. 2. 1. What is a trademark? A trademark is a sign that is used to identify certain goods and services as those produced or provided by a specific person or enterprise. Hence, it helps to distinguish those good s and services from similar ones provided by another. For example, â€Å"DELL† is a trademark that identifies goods (computers and computer related objects). â€Å"CITY BANK† is a trademark that relates to services (banking and financial services).A trademark is any mark capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings. A sign can include a letter, word, name including personal name, signature, figurative element, numeral, device, brand, heading, label, ticket, aspect of packing, shape, color, sound or any combination of these features. Figure: famous trademark logos 2. 2. Kind of signs can be used as trademarks * Trademarks may consist of a word (e. g. Kodak) or a combination of words (Coca-Cola), letters and abbreviations (e. . EMI, MGM, AOL, BMW, IBM), numerals (e. g. 7/11) and names (e. g. Ford, or Dior) or abbreviations of names (e. g. YSL, for Yves St-Laurent). * They may consist of drawings (like the logo of the Shell oil company, or the Penguin drawing for Penguin books), or three-dimensional signs such as the shape and packaging of goods (e. g. the shape of the Coca-Cola bottle or the packaging for the Toblerone chocolate). * They may also consist of a combination of colors or single colors (e. g. the orange color used for ORANGE telephone company).Even non visible signs, such as music and fragrances, may constitute trademarks. 2. 2. 1. The Trademark Must Be Distinctive it must be capable of distinguishing the goods or services with which it is used. A name which is purely descriptive of the nature of the goods and services that are offered may not constitute a valid trademark. For example, Apple may serve as a trademark for computers but not for actual apples. However, a given trademark may not be distinctive from the outset, but may have acquired distinctive character or â€Å"secondary meaning† through long and extensive use.Figure . Proposed matrix of trademark types inspired by Weckerle (1968) original taxonomy. 2. 3. Types Of Trademark Exist In addition to trademarks identifying the commercial source of goods or services, several other categories of marks exist. 1. Collective marks are marks used to distinguish goods or services produced or provided by members of an association. Collective marks are marks used to identify the services provided by members of an organization (e. g. UAW for United Auto Workers). 2.Certification marks are marks used to distinguish goods or services that comply with a set of standards and have been certified as such (e. g. The Woolmark symbol to show that products are made from 100% wool and comply with performance specifications set down by the Wool mark Company. It is registered in 140 countries and is licensed to manufacturers who are able to meet these quality standards in 67 countries). Figure . Examples of trademarks designed or altered for specific population segments. 3. 4. What function does a trademark perform?Trademarks may perform different functions. In particular they * help consumers identify and distinguish products or services; * enable companies to differentiate between their products; * are a marketing tool and the basis for building a brand image and reputation; * may be licensed and provide a direct source of revenue through royalties; * are a crucial component of business assets; * encourage companies to invest in maintaining or improving quality products; and * may be useful for obtaining finance. . 5. How is a trademark protected? The most common and efficient way of protecting a trademark is to have it registered. 3. 6. 1. Requirements for Trademark Protection 3. 6. 2. 1. Inherent Distinctiveness This requirement is fundamental to the nature of trademark. Anything claiming protection under trademark principles must be capable of identifying the particular goods and services with which it is used, and distinguishing those goods and services from the goods and services of others in the marketplace.Categories (Distinctiveness Spectrum) of marks of generally increasing distinctiveness are (1) generic, (2) descriptive, (3) suggestive, and (4) arbitrary and fanciful marks. 3. 6. 2. 2. Acquired secondary meaning Provides for trademark protection of marks that are not inherently distinctive, descriptive marks usually rely upon special proof of distinctiveness before protection be afforded by common law and statute.Descriptive marks must be shown to have acquired customer recognition (secondary meaning), which serves primarily to identify the source of the products or services, and not merely to describe their nature, quality, characteristics, ingredients, or geographic origins. Generic marks constitute the very product and, therefore, cannot be registered or appropriated exclusively to one manufacturer’s use, even upon a showing of secondary meaning, because competition would be unjustifiably impaired. 3. 6. 2 . 3.Non functionality Trademark protection is granted to symbols or features that are not functional, protection of functional features would deprive producers of the right to use those features necessary to make a product work. Doctrine of functionality: if a feature is required to perform a particular utilitarian function, and if there are insufficient commercially viable alternatives to perform the same function equally well, no single producer will be allowed to claim exclusive rights in the feature. 3. 6.Trademarks are territorial rights This means that they must be registered separately in each country in which protection is desired. Note that, unless a given trademark is protected in a specific country, it can be freely used by third parties. Moreover, trademark protection is in general always limited to specific goods and services (unless the trademark in question is a well-known or famous trademark). This means that the same trademark can be used by different companies as l ong as it is used for dissimilar goods or services. . 7. Registration of Trademarks, at the appropriate trademark office Registration is not, however, the only way of protecting a trademark: unregistered trade marks are also protected in some countries, but in a less reliable form. Figure:The logo for the Wikipedia website, which is a registered trademark of Wikimedia Foundation, Inc. 3. 8. Kind of protection provided by a trademark A trademark owner is given the exclusive rights: ) to use the trademark to identify his goods or services; 2) to prevent others from using and marketing the same or a similar trademark for the same or similar goods or services; 3) to authorize others to use the trademark, (e. g. by franchising or licensing agreements) and in return for payment. 3. 9. How is a trademark registered? First, an application for registration of a trademark must be filed with the appropriate national or regional trademark office. The application must contain a clear reproductio n of the sign filed for registration, including any colors, forms, or three-dimensional features.The application must also contain a list of goods or services to which the sign would apply. The sign must fulfill certain conditions in order to be protected as a trademark or another type of mark: * it must be distinctive, so that consumers can distinguish it as identifying a particular product, as well as from other trademarks identifying other products; * it must not be deceptive, that is, it should not be likely to mislead the consumers as to the nature or quality of the product; * it should not be contrary to public order or morality; it should not be identical or confusingly similar to an existing trademark. This may be determined through search and examination by the national office, or by the opposition of third parties who claim similar or identical rights. 3. 10. How long is a registered trademark protected for? The period of protection varies (it is usually 10 years), but a t rademark can be renewed indefinitely on payment of the corresponding fees. 3. 11. How extensive is trademark protection? Almost all countries in the world register and protect trademarks.Each national or regional office maintains a Register of Trademarks which contains full application information on all registrations and renewals, thereby facilitating examination, search, and potential opposition by third parties. The effects of such a registration are, however, limited to the country (or, in the case of a regional registration, countries) concerned. In order to avoid the need to register separately with each national or regional office, WIPO administers a system of international registration of marks. This system is governed by two treaties, the Madrid Agreement Concerning the International 3. 2. Registration of Marks, and the Madrid Protocol A person who has a link (through nationality, domicile, or establishment) with a country party to one or both of these treaties may, on the basis of a registration or application with the trademark office of that country, obtain an international registration having effect in some, or all of the Countries of the Madrid Union: 2. 12. 1. What are well-known marks and how are they protected? Well- known marks are marks that are considered to be well-known by the relevant sector of the public in the country in which protection is sought.Well-known marks benefit from stronger protection than marks in general. * they may be protected even if they are not registered in a given territory,and * they may be protected against confusingly similar marks that are used on dissimilar goods or services, whereas marks are generally protected against confusingly similar marks if used for identical or similar products. For example, let us consider a trademark such as Mercedes Benz. Normally the company that owns the trademark would be protected against unauthorized use of the mark by third parties with respect to the products for which the mark has been registered.To the extent that Mercedes Benz is a well-known trademark, protection would also be available for unrelated goods. So that if another company decides to use the trademark in relation to other goods such as, say, men’s underwear, it may be prevented from doing so. 3. 13. Sale , Transfer and licensing In various jurisdictions a trademark may be sold with or without the underlying goodwill which subsists in the business associated with the mark. However, this is not the case in the United States, where the courts have held that this would â€Å"be a fraud upon the public†. In the U. S. trademark registration can therefore only be sold and assigned if accompanied by the sale of an underlying asset. Examples of assets whose sale would ordinarily support the assignment of a mark include the sale of the machinery used to produce the goods that bear the mark, or the sale of the corporation (or subsidiary) that produces the trademarked goods. Most juri sdictions provide for the use of trademarks to be licensed to third parties. The licensor (usually the trademark owner) must monitor the quality of the goods being produced by the licensee to avoid the risk of trademark being deemed abandoned by the courts.A trademark license should therefore include appropriate provisions dealing with quality control, whereby the licensee provides warranties as to quality and the licensor has rights to inspection and monitoring. 3. 14. Domain name and it relation to trademarks Domain names are Internet addresses, and are commonly used to find websites. For example, the domain name â€Å"wipo. int† is used to locate the WIPO website at www. wipo. int. Domain names may be made up, sometimes, of a trademark.In such case, it may happen that the person who has registered the domain name has done it in bad faith, as he is not the owner of the trademark under which the domain name has been registered. This activity is referred to as Cyber squatting . It is important to know that many national laws, or courts, treat as trademark infringement the registration of the trademark of another company or person as a domain name. If this happens, the person who has chosen the trademark of another as a domain name may not only have to transfer or cancel the domain name, but may also have to pay damages or a heavy fine.It may be interesting for you to know that if the trademark of your company is being used as a domain name by another individual or company, you may take action to stop such misuse of the rights of your company. In such a case, an option would be to use WIPO’s online procedure for domain name dispute resolution at: arbiter. wipo. int/domains. This WIPO website includes a model complaint as well as legal index to the thousands of WIPO domain name cases that have already been decided. 3. 15. Why protect trademarks?The basic rationale for protecting trademarks, whether through registration or not, is two fold. * First, it provides business people with a remedy against unfair practices of competitors, which aim at causing confusion in the consumers’ minds by leading them to believe that they are acquiring the goods or services of the legitimate owner of the trademark, whereas in fact they are acquiring an imitated product, which furthermore may be of lesser quality. The legitimate owner may hence suffer from loss of potential customers, as well as harm to his own reputation. The second rationale flows from the first, namely to protect consumers from those unfair and misleading business practices. In addition to those two arguments, a further one is gaining more and more prominence. This is that a trademark is often the only tangible asset that represents the investments made in the building of a brand. Where, for example, a business is sold, or companies merge, the question of brand evaluation becomes an important issue. The value of companies may depend to a large extent on the value of the ir trademarks 3. 16. When has a trade mark been infringed?Figure: Trademark Infringement A registered trade mark is infringed by the unauthorized use of that mark, or a mark that is substantially identical or deceptively similar to it, A registered trademark is said to be infringed in the following circumstances: A registered trademark is said to be infringed in the following circumstances: * If a third party uses a trademark in the course of the trade which is identical with the registered trademark and in relation to goods or services which are identical with those for which it is registered.For example, in Wrangler Apparel Corporation v. Axfor Garments, Wrangler had filed a suit requesting that Axfor Garments be restrained from using the trademark â€Å"Wrangler† and the â€Å"W† stitch logo on its clothing including jeans, jackets, shirts and belts. Wrangler had registered its trademarks in Pakistan. The Court passed an order of injunction against the Defendant and restrained them from using Wrangler? s trademarks on any of its products. If a third party uses, in the course of trade, a mark which is identical with the registered trademark and is used in relation to goods or services similar to the goods or services for which the trademark is registered or the mark is deceptively similar to the registered trademark and is used in relation to goods or services identical with or similar to the goods or services for which the trademark is registered or if there exists a likelihood of confusion on the part of public, which includes the likelihood of association with the trademark; * If a third party uses in the course of trade, a mark which is identical or deceptively similar to, the trademark in relation to goods or services of the same description as that of goods or services in respect of which the trademark is registered, services that are closely related to goods in respect of which trademark is registered or goods that are closely related to services in respect of which the trademark is registered; * If a third party uses in the course of trade, a mark which is identical or deceptively similar to, the trademark in relation to goods or services of the same description as that of goods or ervices in respect of which the trademark is registered, services that are closely related to goods in respect of which trademark is registered or goods that are closely related to services in respect of which the trademark is registered; If the third party uses the registered trademark as his domain name or part of his domain name or obtains such domain name without consent of the proprietor of the registered trademark and with the intention of selling such domain name to another person including the proprietor of the registered trademark; 3. 1. International Trend Of Trademark Law It is important to note that although there are systems which facilitate the filing, registration or enforcement of trademark rights in more than one jurisd iction on a regional or global basis (e. g. he Madrid and CTM systems), it is currently not possible to file and obtain a single trademark registration which will automatically apply around the world. Like any national law, trademark laws apply only in their applicable country or jurisdiction, a quality which is sometimes known as â€Å"territoriality† 3. 1. 1. Paris Convention (relating to the protection of industrial property) The Paris Convention for the Protection of Industrial Property (â€Å"Paris Convention† or just â€Å"Convention†) is one of the first, and arguably most important, of the various multilateral treaties protecting intellectual property. The treaty will not be discussed exhaustively here; commentaries on the treaty should be consulted to obtain additional information.The following, however, is a list of the major relevant articles of the treaty: * member states protect the trademark rights and other industrial property rights of other memb er states (art. 2); * each member state must maintain the fundamental principle that citizens of other member states receive the same protection as its own citizens (art. 2); and * member states must recognize the assertion of priority rights (art. 4). The articles that are particularly relevant to the trademark law include: * remedies for cases in which registered trademarks are not used, including sanctions (art. 5); * independent status of the trademark law (art. 6); * of well-known trademarks (art. 6, sec. 2); adjustment regulations on the transfer of trademark rights (art. 6, sec. 4); * regulations on trademarks registered in a foreign country (art. 6, sec. 5, the so called â€Å"telle quelle† trademark system) * protection of service marks (art. 6, sec, 6); * regulations controlling applications for trademark registration made by an agent, among others, without permission of the applicant (art. 6, sec. 7); * removal of trademark registration limitations based on the dis position of the goods (art. 7); * of collective trademarks (art. 7, sec. 2); * control of the importation of counterfeit goods (art. 9); * control of fraudulent indications of country origin (art. 0); * prohibition of acts of unfair competition (art. 10, sec. 2); * legal measures to prevent counterfeit goods and others (art. 10, sec. 3); and * temporary protection of goods exhibited in international expos (art. 11)11. There are 151 member states as of January 15, 1999 (WIPO, Industrial Property and Copyright, January 1999), demonstrating that most major countries in the world have joined the treaty. 3. 1. 2. Madrid system for the international registration of marks Madrid system for the international registration of marks (the Madrid system) established in 1891 functions under the Madrid Agreement (1891), and the Madrid Protocol (1989).It is administered by the International Bureau of WIPO located in Geneva, Switzerland. The Madrid system offers a trademark owner the possibility to have his trademark protected in several countries by simply filing one application directly with his own national or regional trademark office. An international mark so registered is equivalent to an application or a registration of the same mark effected directly in each of the countries designated by the applicant. If the trademark office of a designated country does not refuse protection within a specified period, the protection of the mark is the same as if it had been registered by that Office.The Madrid system also simplifies greatly the subsequent management of the mark, since it is possible to record subsequent changes or to renew the registration through a single procedural step 3. 1. 3. WTO Agreement on Trade-Related Aspects of Intellectual Property Rights The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement) is the Uruguay Round agreement covering the protection and enforcement of intellectual property rights. Intellectual property r ights were a key area of concern for the United States during the Uruguay Round negotiations. From the perspective of the United States, the TRIPs Agreement was a major achievement of the Uruguay Round.The TRIPs Agreement incorporates by reference most of the substantive provisions of two earlier multilateral IPR conventions: the Paris Convention for the Protection of Industrial Property (1967)(covering patents, trademarks, trade names, utility models, industrial designs and unfair competition) and the Berne Convention for the Protection of Literary and Artistic Works (1971) (covering copyrights). 3. 1. 3. 1. TRIPs Agreement and Trademarks TRIPs Agreement incorporates the substantive obligations of Articles 1 through 12 and Article 19 of the Paris Convention for the Protection of Industrial Property (1967). The TRIPs Agreement mandates protection for both trademarks and service marks. * Trademarks and service marks must have a minimum term of seven years and must be renewable indefi nitely. Article 18) * Restrictions on cancellation of trademark registrations for non-use: â€Å"If use is required to maintain a registration, the registration may be cancelled only after an uninterrupted period of at least three years of non-use, unless valid reasons based on the existence of obstacles to such use are shown by the trademark owner. Circumstances arising independently of the will of the owner of the trademark which constitute an obstacle to the use of the trademark, such as import restrictions on or other government requirements for goods or services protected by the trademark, shall be recognized as valid reasons for non-use. † (Article 19. ) * The TRIPs Agreement states that the owner of a registered trademark has the â€Å"exclusive right to prevent all third parties not having the owner’s consent from using in the course of trade identical or similar signs for goods or services which are identical or similar to those in respect of which the tradem ark is registered where such use would result in a likelihood of confusion. † (Article 16. 1) * Parallel importation (unauthorized importation of genuine trademarked products): * Except with respect to the National Treatment and Most Favored Nations obligations in Articles 3 and 4, parallel importation (â€Å"exhaustion of intellectual roperty rights†) is not subject to dispute resolution under the TRIPs Agreement (TRIPs Article 6). * Enhanced Protection for â€Å"well-known† marks: â€Å"In determining whether a trademark is well-known, Members shall take account of the knowledge of the trademark in the relevant sector of the public, including knowledge in the Member concerned which has been obtained as a result of the promotion of the trademark. † (Article 16. 2) * Under the Paris Convention (which is generally incorporated by reference into the TRIPs Agreement), well-known marks are entitled to protection in all Paris Convention/TRIPs Members, regardles s of whether the mark is registered. For an interesting discussion of the general issue of when an unregistered well-known mark must be protected see the decision by the Supreme Court of Sout Africa, Appellate Division, in McDonald’s Corporation v. Joburgers Drive-Inn Restaurant (PTY) Limited, Case No. 547/95, August 27, 1996. ) 3. 1. 4. Trademark Law Treaty The Trademark Law Treaty establishes a system pursuant to which member jurisdictions agree to standardize procedural aspects of the trademark registration process. It is not necessarily respective of rules within individual countries. 4. 1. Trademark Law In Pakistan The first trademark law in Pakistan was passed in 1940 and was known as the Trade Marks Act, 1940.Thereafter in order to comply with its international obligations, the Government of Pakistan decided to amend and consolidate the law relating to trademarks and unfair competition to provide for registration, better protection of trademarks, and the prevention of infringement. Therefore, the President of Pakistan passed the Trade Marks Ordinance, 2001. Trademark law in Pakistan is presently governed by the Trade Marks Ordinance, 2001 and the Trade Marks Rules, 2004. The trademark law in Pakistan requires no evidence of prior use of the mark in commerce for filing. A trademark application can be filed on a „proposed to be used? or „intent-to-use? basis or based on use of the mark in commerce.The Trade Marks Registry, which is under the administrative control of Intellectual Property Organization of Pakistan, is the office that is in charge of registering trademarks in Pakistan. A trademark registration in Pakistan gives exclusive proprietary rights to the rights holder for protection of their trademark in Pakistan. However because the Pakistani legal system is a common law system, even an unregistered trademark is entitled to protection and the rights holder of the unregistered trademark can initiate action against a third party u nder the „law of passing off. 4. 1. 1. Internationalisation Of Trade Marks In Pakistan Pakistani trademark law protects both domestic and foreign trademarks. Over the past several years, many foreign entities have been able to protect their trademarks in Pakistan.The first milestone observation recognizing internationalisation of trade mark came in 1979 from the Honourable Sindh High Court in a case where the court, while protecting an international trademark, observed, â€Å"The conduct of the respondent in appropriating trade marks of foreign owners is not proper†¦Ã¢â‚¬ ¦ It is common knowledge that trade in French perfumery is of international character. With the revival of International Trade and international publicity, the rights of owners of foreign Trade Marks ought to receive some safeguard unless it is clear from the evidence that the foreign owners have abandoned their intention of marketing their products under the mark in this country. The above trend was fo rtified when Honorable Supreme Court of Pakistan in the case of Alpha Sewing Machine approved the following observation of Honourable Lahore High Court, â€Å"With the proliferation of means of communication media the names and products of world renowned big companies are catching the eyes and ears of the public at large in all civilized countries of the world and Pakistan is no exception. Extensive traveling abroad in the recent past has made it possible for the people of Pakistan to have knowledge of the internationally renowned companies and their products†. It was held in Morphy Richards case â€Å"an enactment on Trade Marks is essentially an international statute, catering to national and international sensibilities†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. We are living in an information age where the Earth has veritably become a global village†.In a case the High Court of Karachi granted an interim injunction restraining the Defendant from using the internationally well-known mark MARS on soft drinks. This injunction was granted despite the fact that Pakistan Mineral Water Bottling Plant (Pvt. ) Ltd. had registered the trademark MARS with the Trade Marks Registry. While the Courts in Pakistan had given due regard and recognition to internationalization of trade, they were quick to prevent the abuses by unscrupulous persons attempting to take advantage of globalization and the absence of specific statutory provisions at the relevant time. This was the result of judicial interpretation of relevant provisions relating to Intellectual Property laws and the general concept of civil law.Thus in 1988, the Honourable High Court of Sindh in the Sulemanji case, rejected an argument that an infringing product manufactured in Pakistan but to be sold in a foreign country would not violate the local law and no injunction could be issued. The Court, while rejecting this argument held at â€Å"†¦the product of the plaintiffs as well as of the defendants is exported to Middle East and Arabian Gulf countries. The deception would be caused upon the ultimate purchasers in the market and retail shops in the foreign countries. Admittedly the wrappers of the defendants are printed in Pakistan and, after the goods of the defendants are packed in such wrappers, such goods are exported for sale in foreign countries†¦Ã¢â‚¬ ¦ The action for injunction restraining the defendants from using the said mark is, therefore apparently maintainable in this Court. Similar was the Select Sports case, where Honourable Lahore High Court held, â€Å"The goods of the appellant company are sold in the International Market and if due to any reason goods of substandard quality are supplied to the International Market by any other user of the similar design, it would ultimately adversely affect the goodwill and the business of the appellant company. On the other hand, in the case of imports into Pakistan of infringing products, a Division Bench of the Honourable High Co urt of Sindh in the case Glaxo Vs. Evron, held, â€Å"If a person, in making a product overseas uses processes which would be infringing processes here, those processes being a principal part of the manufacture and then imports the article into this country, he is guilty of an infringement. The reason is because, by using those processes overseas and bringing the product here to sell, he deprives the Pakistani Patentee of the benefit of the invention. Globalization thrives on honesty of business practices. Judgments delivered by the Pakistani courts on intellectual property rights, particularly relating to adoption of marks, marketing of novel (inventive) products or copyrighted subject matter show that considerations for honesty of intention have been pivotal to such judgments. Thus in the case the Honourable Supreme Court of Pakistan held: â€Å"†¦. although the appellant has not been selling its products in Pakistan because of import restrictions, this does not entitle the respondent to copy the appellant’s trade mark, because by doing so it is deceiving the public into thinking that its products are products of the appellant. In the same case, the Honourable Supreme Court approved the following findings by the High Court: â€Å"Clearly, if the adoption of a trade mark by an appellant is proved to be dishonest, no amount of user of the trade mark by him can justify registration †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ † The above judgments by Pakistani Courts came at times when International community was debating consensus on the issues affecting global intellectual property rights, which culminated in the TRIPs Agreement only in 1994. This is reflective of the consistent pragmatic and futuristic approach of the Pakistani Courts in matters relating to intellectual property rights. Licensing Of Trade MarksOne of the oldest ways of globalizing Intellectual Property Rights is through licensing of Intellectual Property. This is also the most commonly used wa y of commercializing Intellectual Property on the global scene. Unless the countries an effective platform enabling the licensing contracts to be entered into and worked out, as well as ensure that the termination of such contracts can be done without difficulty, no productive growth of global commercialization of products incorporating one or more forms of Intellectual Property Rights is possible. As far as licensing of Intellectual Property Rights is concerned, Pakistani courts have so far adopted a rational, pro-active and confidence building approach in adjudicating the rights.Thus in the cases of Bolan Beverages the Honourable Supreme Court, upheld the rights of the owners of trademarks to terminate license agreements. , while in the cases of Concentrate Mfg. Co. , vs. Seven-up Bottling and Roomi Enterprises vs. Stafford Miller, the Honourable High Courts also upheld the rights of the owners of trademarks to terminate license agreements. 4. 2. Market Entry Planning Though Pakis tan has passed laws protecting the intellectual property rights (IPR) of rights holders, its enforcement and implementation of these laws remains a matter of grave concern for rights holders. It is therefore imperative that businesses develop a comprehensive strategy for protecting their IPR and take steps to safeguard their rights before they enter the Pakistani market.Registration of trademarks is an important step that businesses should pursue in Pakistan. Many foreign and domestic rights holders have been able to successfully register their marks in Pakistan. 4. 3. 1. Who can apply and what can be registered Under the Trade Marks Ordinance, 2001, a person who is the proprietor of the trademark can apply for the registration of their marks for goods as well as services. Any word, signature, name, logo, label, numerals or combination of colors used by one enterprise on goods or services can be registered as a trademark in Pakistan. Under the Pakistani trademark law the following a re the types of trademarks that can be registered: * Product mark: a mark that is affixed to identify goods. Mark: a mark used to identify the services of an entity, such as the trademark for a broadcasting service, retail outlet, etc. They are used in advertising the services. * Certification mark: a mark indicating that the goods or services in connection with which it is used are certified by the proprietor of the mark in respect of origin, mode of manufacture of goods or performance of services, quality, accuracy, or other characteristics. * Collective mark: a mark distinguishing the goods or services of members of the association which is the proprietor of the mark from those of other undertakings. * Geographical indications can also be protected in Pakistan as certification or collective trademarks. 4. 3. 2. What cannot be registered?The following are the types of marks that cannot be registered in Pakistan: * Which are not capable of being represented graphically and are unab le to distinguish goods or services of one undertaking from those of other undertakings; * Which are devoid of any distinctive character; * Which consist exclusively of marks or indications which designate the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of services, or other characteristics of goods or services; * Which consist exclusively of marks or indications which have become customary in the language or in the established practices of the trade; * Which consist exclusively of the shape which results from the nature of the goods themselves, the shape of oods which is necessary to obtain a technical result or the shape which gives substantial value to the goods; * Which consists of, or contains, any scandalous design, or any matter the use of which would be disentitled to protection in the High Courts or District Courts by reasons of it being likely to deceive or to cause confusion, is likely to hurt the religious sensibilities of any class of citizens of Pakistan, or is contrary to any prevailing law or morality; * The application for registration of which has been made in bad faith; * A word that is a commonly used and accepted name of any single chemical element or any single chemical compound in respect of a chemical substance or preparation or which is declared by the World Health Organization and notified in the prescribed manner by the Registrar from time to time, as an international non-proprietary name or which is deceptively similar to such name; * The national flag or any other State Emblem of a country which is a signatory to the Paris Convention (hereinafter known as „Convention country? shall not be registered without the authorization of the competent authorities of that country, unless it appears to the Registrar that use of the flag in the manner proposed is permitted without such authorization; * Which consists of, or contains, official mark or hallmark adopt ed by a Convention country shall not be registered in relation to goods or services of the same or a similar kind as those in relation to which it indicates control and warranty; * Which consists of or contains such emblem, abbreviations or name of an international organization that is protected under the Paris Convention. 4. 3. 3. Registration Procedure In case of an identical trademark being filed by two different applicants where the date of use in commerce is identical or if applications for the registration of both marks have been filed on an „intent-to-use? asis, the Applicant who files the trademark application first with the Pakistan Trade Marks Registry will have priority. It is therefore important to apply for registration of your mark as soon as possible. The registration of a trademark in Pakistan typically takes about two to three years, assuming that the trademark is not opposed by a third party. The Trade Marks Registry is the appropriate office for filing a tra demark application in Pakistan. Trademark applications can be filed either at the Karachi office or at the branch office of the Trade Marks Registry in Lahore. The different steps that are involved in the registration process in Pakistan are as follows: * Select a trademark agent/attorney in Pakistan, The trademark law in Pakistan allows the proprietor to file a trademark application only if they have a place of business in Pakistan. Should that not be the case, the rights holder will be required to file an application through a trademark agent/attorney. The trademark agent/attorney can do trademark searches and prepare, file, and prosecute applications, * To determine if the mark is eligible and available for registration, * The trademark agent will determine if the trademark is eligible for registration and also conduct clearance searches to determine if there is any deceptively similar mark that already exists on the Register of Trade Marks.It is advisable to conduct a common law search to ascertain if there are any third parties that might already be using the trademark, * Completing the application form and filing, The trademark agent can complete and sign the application form, provided that the rights holder has issued a signed power of attorney appointing them as the trademark agent. The details which must be mentioned in the trademark application are the full name and address of the Applicant, a statement of goods or services in relation to which it is sought to register the trademark, the international classification of goods or services, a representation of the trademark and the full name, address and contact details of the agent, in case the application. The application should also mention if the trademark is being used by the Applicant, or with his consent, in relation to goods or services, or if he has a good faith intention that it will be used. After the application has been filed, the Trade Marks Registry reviews it to ensure that it is complet e in all respects and thereafter allots an application number to the applications. If the trademark is registered, the application number becomes the registration number. * During the process of examination, the Trade Marks Registry determines if the trademark is barred from registration either under absolute grounds for refusal and/or relative grounds (prior trademark rights) as prescribed in the Trade Marks Ordinance, 2001. The Trade Marks Registry will issue an examination report and the Applicant must respond to any objections that have been raised in the examination report within the prescribed period.Thereafter and based on the response to the examination report that has been filed by the Applicant, the Registrar of Trade Marks determines if the application should be refused, accepted for advertisement, accepted subject to certain limitations or put up for a â€Å"show cause† hearing, during which the application might be accepted, rejected, or accepted subject to certa in limitations. Advertised before acceptance under section 28 (1) Ordinance 2001. | Registration of this trade mark shall give no right to the exclusive use of word made in Pakistan. | 273130 – 25 Footwear including shoes, boots, slippers ; sandals. Kashif Mahmood Tarar, Trading as, KIRAN TRADING CORPORATION Proprietor Pakistani, 4 Tape Road, Opp. University of Vaternary Sciences, Lahore,PK 06/10/2009.Shahs Registration Law Chamber 15- Edward (Mauj Darya) Road, Saleemi Chambers, Lahore-54000. | 4. 3. 4. Issuance Of Registration Certificte Within two months of the publication of the trademark in the Trade Marks Journal, should the trademark not be opposed by a third party, it will be accepted. Thereafter a Demand Notice is issued to the Applicant requesting him to pay the requisite registration fee. After the Applicant has paid the relevant registration fee, the registration certificate is issued. Below is the chart depicting the complete procedure for registration as is follo wed by the Trade Marks Registry in Pakistan. 4. 3. 5. Term of Trademark RegistrationTrademark protection in Pakistan is perpetual, subject to renewal of the registration every 10 years. The application for the renewal of a trademark can be filed 6 months before the expiration of the term of registration. 5. 1. Infringement ; Enforcement Remedies The Trade Marks Ordinance, 2001 provides for both civil and criminal remedies 5. 1. 1. Civil Litigation: A suit can be initiated either under the â€Å"law of passing off† or infringement under the Trade Marks Ordinance, 2001 depending on whether the trademark is unregistered, pending registration, or registered. The suit can be filed either at the High Court or at the District Court.The complaint filed by the rights holder should demonstrate that the alleged infringing act involves a mark that is identical or similar to a trademark of the rights holder. It should also specify that the representation of the trademark that is being use d in connection with goods or services might confuse the public regarding the origin of the infringing goods/services and that the this act of the infringer has interfered with the trademark holder's rights of exclusive use or has caused the rights holder economic loss. The rights holder can request the Court to grant an order of injunction, damages and delivery of infringing goods, materials or articles.Moreover, where a person is found to have infringed a registered trademark, the Court may make an order to cause the offending trademark to be erased, removed or obliterated from any infringing goods, materials or articles in his possession, custody or control or to secure the destruction of the infringing goods, materials or articles if it is not reasonably practicable for the offending mark to be erased, removed or obliterated. The Sindh High Court in a case confirmed an order of interim injunction against the Defendants and restrained them from using the trademark SHAN as it was a colorable imitation of the Plaintiff? s trademark AALI SHAN and stated that â€Å"the registration of trademark is not meant for the benefit of the trader only but also protects the public-at-large and its main object is to secure free enjoyment of the right of manufacturing and marketing of one? products and also to save general public from being deceived by the acts of unscrupulous manufacturers and sellers of goods bearing the fake trademark of others. For maintaining the purity of the trademark and for safeguarding the interest of the public, it is the duty of the Court to put restraint on use of another? s trademark by a person like the defendant; who is not entitled to use it. 5. 1. 2. Criminal Litigation The trademark law in Pakistan provides for criminal remedies in case of violation of a rights holder? s trademark. A criminal action can be initiated by filing a written complaint in the police station within whose jurisdiction infringement has taken place.After the procee dings have been initiated, the court may pass search and seizure warrants under which the premises of the infringer can be raided and the infringing goods seized. Should an infringer be found guilty of violating the rights holder? s trademark, he may be liable for imprisonment or fine or both. An infringer can be imprisoned for a maximum of three years with a maximum fine of PKR 50,000 (approximately $630 USD) under the Trade Marks Ordinance, 2001. In addition, the court has the authority to order the seizure, forfeiture, and destruction of infringing goods. Though provisions for criminal sentences exist in the Pakistani trademark law, such sentences are rare. 6. 1.International Trademark Treaties to which Pakistan is a Signatory * The World Trade Organization (WTO)Agreement, since 1995 * Paris Convention for the Protection of Industrial Property * Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) 7. 1. Conclusion The subject of a trademark right may be desc ribed as an intellectual product or intangible property. However, its purpose is not for cultural advancement, as is a copyright. It is a kind of â€Å"industrial property† and its contribution is for â€Å"industrial purposes† (protection of users). The protection of industrial property focuses on patents, utility models, industrial designs, trademarks, service marks, trade names, indications of source or appellations of origin, and the repression of unfair competition. (Paris Convention, Article 1, Paragraph 2). A trademark right is one of the â€Å"industrial properties. The term, â€Å"industrial properties†, is usually used narrowly and indicates the rights covered by the four main laws; namely, the Patent Law, the Utility Model Law, the Design Law and the Trademark Law. A broad definition of â€Å"industrial properties includes various rights covered by the trade name provisions in the Commercial Code and the Unfair Competition Prevention Law. Trade Mark s are important aspects of legal practice under the of Intellectual Property Law. It is important for legal practitioners to acquaint themselves with this aspect since it is clear that for a very long time to come, trademarks will continue to play an important role in our society.New companies and business enterprises shall be formed and new products and services will be brought into the market by such new companies or by the existing companies; the legal has to position him self or herself to tap into this growing area. As it is now, there are still many business enterprises especially the local ones who have yet to grasp the importance of protecting their trademarks and service marks. Most institutions including universities, colleges4, hospitals, schools and many others have their own identity, badges or motto. This needs to be protected so that in the event of infringement, one may have recourse by bringing a claim on infringement against anyone who makes profits from where he h as not sown.Pakistan is a member of the World Trade Organization (WTO) and a signatory to the TRIPs Agreement. The regime of intellectual property laws in Pakistan is well established and goes back to the early twentieth century. The legal system in the country provides for adequate protection to the trade mark and design owners and those owners who pursue the legal remedies aggressively and pro-actively are able to control the menace of counterfeiting by due process of law. www. worldtrademarklawreport. com ABBREVIATIONS FTA Free Trade Area HIV/AIDS Human Immune Virus ILO International Labour Organisation IMF International Monetary Fund IPRs Intellectual Property Rights LDC Least Developed CountryOECD Organisation for Economic Co-operation and Development SADC Southern African Development Community SAP Structural Adjustment Programmes TRIPs Trade Related Intellectual Property Rights UNCTAD United Nations Conference for Trade and Development WB World Bank WTO World Trade Organisatio n ——————————————– [ 2 ]. Hereinafter, â€Å"trademark for goods† will be referred to as â€Å"trademarks,† and â€Å"trademark of services† will be referred to as â€Å"service marks† [ 3 ]. Schechter, The Historical Foundations of the Law Relating to Trade-Marks (New York: Columbia, 1925). [ 4 ]. Merchants marks were simple and formed merely linear designs, for example [ 5 ].Schechter, The Historical Foundations of the Law Relating to Trade-Marks (New York: Columbia, 1925). [ 6 ]. The U. S. federal government has the power to regulate the military, foreign affairs, and postal services, among others. However, art. 1, section 8, clause 8 of the U. S. Constitution states only that patents and copyrights fall under the federal power, and does not mention trademarks. Thus, the Supreme Court argued that the federal government did not have the power to regul ate trademarks. [ 7 ]. http://www. ipo. org(accessed on 24/11/2012) [ 8 ]. http://www. wipo. int/about-wipo(accessed on 24/11/2012) [ 9 ]. Trade Marks Ordinance, 2001 [ 10 ].Trademarks designed by Chermayeff & Geismar (Chermayeff, Geismar,& Geissbuhler, 2000) [ 11 ]. Katherine L. Spencer,Evaluating Trademark Design,P. 08 [ 12 ]. http://www. wipo. int/about-wipo(accessed on 28/11/2012) [ 13 ]. Katherine L. Spencer,Evaluating Trademark Design,P. 09 [ 14 ]. http://cyber. law. harvard. edu/metaschool/fisher/domain/tm. htm:article, Overview of Trademark Law [ 15 ]. ibid [ 16 ]. http://en. wikipedia. org/wiki/Wikimedia_Foundation(accessed on 25/11/2012) [ 17 ]. www. wipo. int-wipo(accessed on 28/11/2012) [ 18 ]. ibid [ 19 ]. www. wipo. int-wipo ( accessed on 28/11/2012) [ 20 ]. www. madridprotocol. info/internationaltrademarkprotection. html(accessed on 30/11/2012) [ 21 ]. html http://cyber. law. arvard. edu/metaschool/fisher/domain/tm. htm:article, Overview of Trademark Law [ 22 ]. ibid [ 23 ]. ibid [ 24 ]. ibid [ 25 ]. www. wipo. int(accessed on 30/11/2012) [ 26 ]. http://blogs-images. forbes. com/davidvinjamuri/files/2012/09/Dr-Publix-287Ãâ€"3001. jpg (accessed on 28/11/2012) [ 27 ]. Wrangler Apparel Corporation v. Axfor Garments {2008 C L D (70)}, [ 28 ]. Commentary On The Paris Convention For The Protection Of Industrial Property, Seth M. ReissLex-IP. com Honolulu, Hawaii, United States [ 29 ]. http://www. wipo. int/treaties/en/ip/paris/trtdocs_wo020. html(accessed on 28/11/2012) [ 30 ]. www. wto. org/english/tratop_e/trips_e/t_agm0_e. tm(accessed on 01/12/2012) [ 31 ]. World Trade Organisation Web-site: http://www. wto. org [ 32 ]. www. worldtrademarklawreport. com(accessed on 18/11/2012) [ 33 ]. Societe De Fabrication v. Deputy Registrar of Trademarks and another, PLD 1979 Kar 83 [ 34 ]. Alpha Sewing Machine v. Registrar of Trademarks and another, PLD 1990 SC 1074 [ 35 ]. Morphy Richards Ltd v. Registrar of Trademark and another, 1992 MLD 2506 [ 36 ]. Mars I ncorporated v. Pakistan Mineral Water Bottling Plant (Pvt. ) Ltd. {2001 M L D 39} [ 37 ]. PLD 1988 Kar 569 [ 38 ]. Ibid581 [ 39 ]. PLD 1998 Lah 69 [ 40 ]. Glaxo Vs. Evron,1992 CLC 2382 [ 41 ]. Cooper’s Incorporated Vs.Pakistan General Stores, 1981 SCMR 1039 [ 42 ]. Ibid 1044 [ 43 ]. Bolan Beverages vs. Pepsico Inc. , (2004 CLD 1530 [ 44 ]. Concentrate Mfg. Co. , vs. Seven-up Bottling (2002 CLD 77) [ 45 ]. Roomi Enterprises vs. Stafford Miller (2005 CLD 1805 (DB)) [ 46 ]. www. ipo. gov. pk(accessed on 12/12/2021) [ 47 ]. ibid [ 48 ]. http://www. ipo. gov. pk/Trademark/TrademarkForms. aspx(accessed on 12/12/2012) [ 49 ]. The Trade Marks Journal (No. 734 March 1, 2012 [ 50 ]. ibid [ 51 ]. http://www. ipo. gov. pk/Trademark/Downloads/TM-rules%202004. pdf(accessed on 28/11/2012) [ 52 ]. http://www. ipo. gov. pk(accessed on 12/12/2012) [ 53 ]. Sikander Sultan v. Masih Ahmed Shaikh{2003 C L D (26)}