Macbeth A Victim Of Choice Not Fate - 1327 Words

Soeui Beak Mr. Crady World Literature 2 November 2016 Macbeth a Victim of Choice not Fate Humans have their own free wills and they behave based on their ambitions. Everyday, they make choices; others do not decide what one should do. In Macbeth, brave and loyal Macbeth hears a prophecy about his fate from three witches; they refer to Macbeth as thane of Glamis, thane of Cawdor, and the future king. When he realizes that these prophecies are true, ambition and greed overcome Macbeth. Boosted by the prophecy and his wife’s encouragement, Macbeth murders King Duncan. His brutality gets worse over time, so at the end of the story, his fear and guilt not only drive him crazy, but also lead him to slay more disrupters for his ultimate authority. Finally, Macbeth is overthrown and killed by Macduff. Fate is not the only factor that drives Macbeth to the destruction of his family. Mostly, it is Macbeth’s free will and ambition that allow him to attain wealth and honor and the demise. Therefore, Macbeth is the guiltiest character in the story. To begin with, Macbeth is a powerful man, but he is deeply ambitious. He does not hide or restrain his unnatural ambition and unvirtuousness from the beginning of the story, which is the biggest mistake that initiate the final tragedy. The three witches and the prophecies may appear as the most influential factor to the ultimate calamity, but Macbeth s vaulting ambition was already present deep in his mind and leads him to his downfall. WhenShow MoreRelatedIs Macbeth a Victim of Fate or His Own Ambitious Choices? Essay1259 Words   |  6 PagesIs Macbeth a victim of fate or his own ambitious choices? Fate, unlike fatalism, does not stipulate that human deliberation and actions are inconsequential in causing an event, as its occurrence is inevitable. Rather it simply states that all events, and the choices leading up to them, are predetermined; hence the role of freewill is no less significant in deciding fated events than it is when considering situations from a non-fated perspective. This concept can be observed in William ShakespearesRead MoreMacbeth - Fate or Choice?1457 Words   |  6 PagesMacbeth Throughout the ages it is believed fate, by some uncontrollable force, has the power to forge ones destiny. The outcome of a persons choices is controlled by the way in which they are fated to occur. However, some believe these choices can defy fate and that fate only manipulates ones mind into choosing their own path. The question still remains as to whether individuals are victims of fate or of their own choices, or if each aspect plays a significant part in determining their destinyRead MoreMacbeth: Fate vs. Free Will1718 Words   |  7 PagesFate vs. Free Will 11th of January 2013 Throughout the ages, it has been believed that fate has the power to forge one’s destiny. By some uncontrollable force, the outcome of a person’s choices is controlled by the way in which they are destined to occur. On the other hand though, some believe these choices can defy fate and that fate only manipulates ones mind into choosing their own path. One question that seemed to pop into my head through out this play was whether individuals were victims ofRead MoreEssay on The Responsibility of Macbeth for his own Actions756 Words   |  4 PagesIn the Elizabethan Era, society was highly suspicious of the power of supernatural forces and it was commonly accepted that one’s life was governed by fate and was predetermined. Shakespeare’s Macbeth challenges the Elizabethan ideology of fate by privileging that although Macbeth was a victim of his â€Å"vaulting ambition† (1:VII 27), he was ultimately responsible for his villainous actions. Shakespear e has foregounded certain events to privilege that a person has free will and a concience and theRead MoreFate : Witches Or Macbeth?1039 Words   |  5 PagesCayde Hamilton Ms. Crowe English IV 11 December 2015 Fate: Witches or Macbeth? Many people in this world would argue that every one has free will, that the choices they make will determine their path in life, but some would argue that everything comes down to fate. People who believe solely on fate believe that their future is already determined, and they can do nothing to change it. According to Oxford Dictionaries, fate is the development of events beyond a person s control, regardedRead MoreMacbeth As Guilty Of His Fate1605 Words   |  7 PagesMacbeth is as guilty of his fate as a man under the influence is guilty to drive off his family from a cliff, to their demise. It is only on him that the guilt lies for he is the one and only at the helm of events. Of course you could take into account the booze in the man, and the prophecy that rotten the mind of Macbeth. Nevertheless, no matter the influence, free will was present, and therefore no one is to blame, but that who chooses. The man could have said no to the bottle, and MacbethRead More Fa te vs. Freedom Essay1046 Words   |  5 Pages Fate may state what will be in ones life however, how that destiny comes about is a matter of mans own choice. In other words, incidents dont occur because our destinies are written. In the play Macbeth, Shakespeare expertly uses the theme of fate vs. free will and raises the pre-eminent question of which holds power over the characters. In Shakespeare’s tragedy, fate is not the cause of his downfall, his own desires and choices prove to be the deciding factor. There are several examples ofRead MoreMacbeth Book Review809 Words   |  4 PagesLadan Abdullahi Macbeth’s Destiny: The Tragedy of Macbeth Review William Shakespeare is a playwright and actor born in April 1564. William, a wealthy landowner who lived in Stratford upon-Avon, married Anne Hathaway and had three children. In 1623, Shakespeare published The Tragedy of Macbeth. Whilst researching for Macbeth, â€Å"Shakespeare found a spectacle of violence- the slaughter of whole armies and of innocent families, the ambush of noble by murderers, the brutal execution of rebels. HeRead MoreMacbeth and the Power of Persuasion1465 Words   |  6 Pagesprotagonist in William Shakespeares Macbeth. Macbeth is a victim of persuasion of others, making him ultimately not responsible for his actions. Macbeths own partner Lady Macbeth persuades her husband to commit murder and fulfill his ambition. The three witches and their Queen influence Macbeths decisions through the use of predictions as well as the supernatural. Lastly, the three apparitions conjured by the witches play a very crucial role in establishing Macbeths fate through their d eceptively upliftingRead MoreCandide, Macbeth and Oedipus Rex1525 Words   |  6 PagesIn Candide, Macbeth and Oedipus Rex, fate and free will are always two opposing themes reflect on major characters. Fate is a belief that the future is predetermined, and it’s truly impossible to convert the consequence. No matter how people endeavor, the same thing will happen because that is what is supposed to occur. It’s also the philosophy that everything happens for a reason or relates to the God, things don’t happen â€Å"just because†. Free will is a constant concept that people act freely upon

Social Inequalities And Social Class - 1150 Words

Social classes have been prominent in societies since the beginning of civilizations. These classes are shaped by the distribution of unequal opportunities amongst each division. Social classes can result from varying factors such as race, gender and wealth. Due to social classes, there comes social inequalities. Social inequalities are beneficial to people only at the top of the hierarchy. For those at the bottom, social inequalities has the opposite effect. Rather than the bottom of the hierarchy benefiting, they struggle with everyday aspects such as financial issues while those at the top are prospering. Harper Lee’s novel To Kill a Mockingbird strongly portrays the social inequalities in a society. The novel is set in Maycomb during the 1930s and highlights the different social classes within the community. The different social statures demonstrate that social inequalities have negative impacts on a community by causing resentment of one another. Social inequalities cause people of different classes to resent each other. This is due to a higher class thinking that they are far more superior to the lower classes. The novel consists of many different classes. Lee portrays the different lives of each class and how they significantly vary from one another. Jem tells Scout that â€Å"There’s four kinds of folks in the world. There’s the ordinary kind like us and the neighbors, there’s the kind like the Cunninghams out in the woods, the kind like the Ewells down at the dump, andShow MoreRelatedSocial Inequality And Social Class Essay1377 Words   |  6 PagesThe idea of social inequality dates back since the time of our founding fathers. The mistreatment and unlawful equality and opportunity that these foreigners received became embedded into our history—this endless list includes, just to name a few, the Irish, Chinese, Jews, and most notably the African Americans (Blacks), who became slaves to the American people. Here in t he United States, the current social class system is known as the class system, where families are distributed and placed intoRead MoreSocial Class And Social Inequality1269 Words   |  6 Pagesupon different evidence linking social class to where people live. Firstly, I will look at two approaches to determining social class, together with how class and social inequality are linked. Secondly, by reference to several key studies I will demonstrate that where people live is representative of their social class, and outline how disconnections are formed as a consequence. Finally, I will discuss how sporting opportunities are constrained to a person’s social class and place of residence. In theRead MoreSocial Class Inequalities1079 Words   |  4 Pages Where do you consider yourself to be in the class system? Are you a member of the upper class, middle class, or lower class? If you’re a part of the upper class your associated with being rich or born in to a rich family. Then there is the working middle class also know as the â€Å" white collar workers.† Most people of our society would fit into this category of the class system. Lastly there is the lower class that consists of the homeless, those with low-paying jobs, and other who are strugglingRead MoreSocial Class and Inequality3198 Words   |  13 PagesSocial Class and Inequality Social inequality has been defined as a conflicting status within a society with regards to the individual, property rights, and access to education, medical care, and welfare programs.    Much of society’s inequality can be attributed to the class status of a particular group, which has usually been largely determined by the group’s ethnicity or race (Macionis amp; Gerber, 2006).    The conflict perspective is an attempt to understand the group conflict thatRead MoreIncome And Social Class Inequality1281 Words   |  6 PagesINCOME AND SOCIAL CLASS INEQUALITY IN AMERICA This paper will review and analyze the relationship between income inequality and society, and how social class brackets came to exist. We will also cover the factors that contribute to the downward mobility experienced by the middle and lower-class members of society in America. â€Æ' There is a very close relationship that exists between income inequality and social class. Many families experience set-backs as a result of the growing income inequality in AmericaRead MoreSocial Class And Gender Inequality972 Words   |  4 PagesEquality has been and will always be a problem in our world. Not everyone can choose to have the job they want, do what they want or simply live the life they want. There is inequality in matters of race, sexual orientation, social class and gender. I know that both genders face some sort of gender inequality. While browsing through the internet, I saw four advertisements that depicted women in a sexist and discriminatory way. I chose to do my essay on these advertisements because I find them relatableRead MoreSocial Inequality Regarding Class1305 Words   |  6 Pages . . And in case you dont know, they want to tell you with a lethal combination of houses, cars and diamonds. (Fabrikant 2005)) Inequality in the United States is changing, and for the worse. People who are not wealthy are now competing to have the status of wealthy, which causes the wealthy to literally get wealthier while the middle class and upper middle class are going increasingly in debt trying to keep up with the wealthy. It has gotten somewhat easier for people who are not wealthy toRead MoreEquality And Social Inequality Of Class And Class Equality1400 Words   |  6 Pageshierarchies of class, race, and gender, which creates inequality and social divisions. (reference thoughtco) Social inequality affects the way we view other people, meaning that some people are treated better than others. (Wilson and pickett spirit level) This essay will be focusing on class and ethnic social divisions and how they highlight an unequal distribution of wealth, privilege and power. Unequal distribution can be seen in a variety of ways, such as income and wealth inequality for the workingRead MoreRace And Social Class Inequality Essay2358 Words   |  10 PagesRace+Social Class+Economic Class=Value? As shown throughout history, race and social class have played a large role in determining people’s values—this is based on the specific culture and the societal values fostered by their environment. In the case of the United States, as a result of the enslavement of people of color, white people were seen to have the most â€Å"value†. The higher up socio-economically white people were, the more they were considered valuable. In the 1920’s, racism was still enforcedRead MoreThe Affects Of Social Class Inequality On Higher Education1475 Words   |  6 PagesThe Affects of Social Class Inequality on Higher Education Assignment 1: Literature Review 48-290 Researching Social Life Fall 2015 Professor: Mark Munsterhjelm Date submitted: 8 October 2015 Ashley Doung 104268427 1. Research Question The literature review addresses the following question: Does social class inequality affect higher education? The theoretical paradigm that is considered for this question is the Critical paradigm, in which is mainly qualitative and inductive. Critical

Trademark Protection and E-Commerce-Free-Samples for Students

Question: Discuss about the Trademark Protection and E-Commerce. Answer: Introduction Intellectual property (IP) is a statutory term that refers to the industrial property rights. It deals with the protection of trademark, copyrights, designs and patents rights. Despite being intangible, it holds significant value similar to the tangible or physical property. The value of the IP rights have enhanced owing to its relevance in advanced technology of the contemporary era. IP includes original expressions, new ideas, distinctive appearance and names that make a product valuable and unique. IP is closely related to e-commerce as more than any other business systems, e-commerce includes selling of services and products that mostly related to IP and its licensing. For instance, music, software, photos, designs, etc are all traded through e-commerce and IP being the main component of such services and products it holds great importance[1]. The research paper aims at analyzing two jurisdictions in the context of International treaties, impact of the online commerce in the enha nced utility of Trademark as a means of a brand protection. It shall also discuss how online commerce affects some aspects of rights enforcement by stakeholders. The two different jurisdictions include China and USA and this paper shall determine the interdependence of the e-commerce and intellectual property at the international level. The rationale for selecting the two jurisdictions is that USA is one of the economic superpower of the world and China is considered as the upcoming economic superpower and protection of IP rights, in particular, trademark law is a fundamental element of a successful economy. The two nations are globally recognized for their excellent centers for trade and commerce. China and Trademark protection China first enacted legislation on trademark of the country in 1950 and 1963. The trademark legislation in 1963 became effective in 1980 when the country became a state party to the World Intellectual Property Organization (WIPO). The domestic statutes that govern the trademarks laws in the country include the Trademark Law 2013 and the Implementing Regulation of the Trademark Law 2014[2]. While the enactment of the Trademark law, there was no specific definition of what constituted a trademark and did not include any precise definition of the terms collective marks, or service marks[3]. At the time of enactment of the trademark legislation in the country, majority of the Chinese companies were owned by the state due to which the competition and infringement of services and products were very less. The emergence of a market economy in China and the gradual rise in the competition between the services and goods led several companies to imitate the reputable service marks of other companies. Consequently, this led to unfair confusion and competition, which eventually affected the reputation of the original owners of such marks. This is one significant reason why the country enacted legislations to safeguard the trademark rights. The Trademark Law describes a registered trademark as one that has been registered and approved. Subsequent to the registration of the trademark, the registrant becomes entitled to the legal protection of the trademark exclusively. Although the law does not prevent the use of a trademark that is not registered, only that such trademark is excluded from the legal protection that is otherwise accorded to a registered trademark. Since the trademark law of the country, do not provide any precise definition of the term trademark, it provides that designs, words or combination of the two may be used as trademarks which should be distinctive to be distinguishable from other words, designs or combination of both[4]. Therefore, in general, any mark that is used as a trademark refers to a mark that is distinct and different from other forms of marks. Registered trademark is denoted with an encircled letter R and the validity of registered trademark lasts until 10 years subsequent to its approval. The first amendment of the 1993 Trademark law extended protection to include service marks and making all the legal provisions applicable to trademarks to be equally applicable to service marks. However, despite such extension, neither the statute nor the amendment defined service marks or trademarks. This omission distinguishes the Trademark law from other regional intellectual property laws and Chinese intellectual property laws. China and International treaties China is a signatory to the following IP-related international treaties include the Madrid Agreement, the Madrid Protocol, the Berne Convention, the Nice Agreement, the Agreement on Trade-related Aspects of Intellectual Property Rights and the Paris Convention[5]. In case of any dispute, international treaties shall prevail over the national statutes[6]. The country agreed to the international treaties to strengthen the trademark laws of the country especially the Madrid Agreement Concerning the International Registration of Marks (Madrid Agreement) and the International Convention for the Protection of Industrial property (Paris Convention) in 1989[7]. However, Turban (2018) states that despite persisting broadcast by the country of his intellectual property laws and assenting to international treaties, the trademark laws of the country failed to provide sufficient protection to the trademark rights[8]. Further, there is sufficient evidence to establish that China failed to provide maximum benefits to the foreigners from its membership in those Foreign or International conventions[9]. United States and International treaties on Trademark protection While the agreement of the country with the Paris Convention obligated China to safeguard service marks, there were no such methods implemented until the trademark laws was amended in 1993. Giuffrida (2017) states that as per a US trade organization, the International Intellectual Property Alliance estimated that the country has caused a loss of $415 million to the US industries due to the failure of the county to safeguard US intellectual property adequately which resulted in sale of printed goods in the year 1988. In 1991, the US government decided that the country warranted a Special 301 investigation under Title III of the Trade Act of 1974 for its failure to implement intellectual property protections. In order to prevent further loss in US businesses, United States and China signed a Memorandum of Understanding (MOU) in January 1992 whereby both countries agreed to make the laws on infringement of intellectual property rights. Later, the United States agreed to terminate the Special 301 investigations and removed China from its list of priority countries. The Chinese legislators considered amendment of the trademark law to address issues pertaining to protection of service marks, registration of trademarks by deceptive means and the using administrative regions as the name of trademark. Trademarks owned by big US companies that spent large amounts of capital, resources and labor to develop them can be stolen easily through internet or using other means[10]. The Trademark Treaties and International Law (TTIL) Committee include treaties of the US and other foreign countries as well as that of intergovernmental organizations, regulations, statutes or rules that are related to copyright, trademark or patents, unfair competition which are likely to affect the US companies[11]. The US law applicable to trademarks includes the regulations of the US Trademark law, Rule of Practice, Federal Statutes, 15 U.S.C and 35 U.S.C. 1. The secondary sources include Trademark Manual of Examining Procedure 2009 as well as the Listing of Some US Code Sections Protecting Specific Names, Marks and Terms 2009. In regards to the international treaties to which the US is a signatory is the General Inter-American Convention for Trademark and Commercial Protection [1931]. The Federal registration of the trademarks is not valid outside the country. Trademarks rights are territorial and right pertaining to particular trademark exist only within the country that has granted such rights. The US has not signed the Madrid Agreement unlike China, as the international application depended upon the national registration. In other words, the US trademark registration was much longer compared to other nations. The US has faced one essential problem with the Protocol with respect to the description of goods. Where the domestic trademark law of the US requires applicants to enumerate the goods and services associated with the mark specifically, other countries permit for wider association of marks with the goods and services. In fact, the International registration under the Madrid Protocol permits the scope of the trademark protection to rely upon the basic registration. Therefore, US registrants are restricted to the strict association of marks and goods require d by US law. In 2016, the Chinese Government published the draft of its first E-commerce law that aimed at including all the major characteristics of e-commerce, which includes payment and delivery methods as well. The law purports to fortify IP rights and to rebuke the retailers of the fake products and the persons committing infringements. As per the statistical reports, China e- commerce Research center exhibits that the trading volume of e-commerce market in China reached 7.85 trillion RMB in 2012 and 10.5 trillion RMB in 2013. In 2017, the Standing Committee of the National Peoples Congress published the second draft of the e-commerce law which aimed at regulating the rapidly growing e-commerce sector and thus, facilitate growth and maintain market order as well as to eliminate counterfeits and scams. E-commerce law: China and USA At present, the most active e-commerce websites concentrate on the industries like apparel, horticulture, agriculture, textile, machinery and equipment, digital household appliances, food and wine, hardware and tools, pharmaceuticals and healthcare[12]. In addition to this growing online trend, the provisions pertaining to protection of intellectual property rights in the online sphere is being subjected to variety of challenges. According to Cheung, Ming and Cheng-Fu Yang (2016), the important aspects of e-commerce that distinguishes it from the conventional economic model is a hub for transaction and information. In other words, it is the network that is differentiates the modern e-commerce oriented economy from the traditional economy of the country. Therefore, the complete transaction process including the payment, information transfer and the delivery of physical commodities that usually occur and are completed concurrently in the conventional form of transactions[13]. This enti re process is differentiated in e-commerce and is completed due to the participation of several service providers. Kotabe (2014) states that these differences result in two types trademark infringement issues in e-commerce. Firstly, majority of the issues take place in the technological data sectors. In regards to the traditional economic mode, transactions are often associated with physical goods like circulation and display of such goods[14]. The definition of trademark law in the light of traditional infringement is based on the characteristics that transactions are associated with physical products directly. For instance, using of trademarks on goods, selling counterfeit goods, etc. On the other hand, Turban (2018) asserts that the e-commerce mode provides information online. Besides the availability of massive information online, identifying, selecting and determining trading partners had become fundamental requisites for conducting a complete transaction, which is equally important as the product itself. The issue that may arise is whether the new form of using trademark that deals with tra nsaction information shall amount to infringement of trademark. Secondly, the other significant issue that may arise is related to the joint infringement of trademark that is, to determine the join liability in such trademark violations. This issue may arise due to the inseparable support that third party service providers extend in every transactions sector, making it one of the significant challenges in e-commerce infringement. Due to global limitations of e-commerce and its rapid growth, the regulation of e-commerce has become an intricate issue. The third party service providers in e-commerce transactions had given rise to joint infringement issues[15]. E-commerce commerce has increased the utility of Trade Marks as a means of brand protection: China and USA The term brand protection refers to online marketplace. It means preventing someone from illegally selling or making a product using a brand name that is owned by another company[16]. Branding is an important means for businesses all around the world that aims to expand their market share in other countries. One of the effective ways to establish a strong relationship between consumers and its brand is to use a unique as well as a simple name: its trademark. While selecting a trademark, it is important to avert any sort of similarity and confusion regarding the name that has been registered ready. If identical trademarks are used in correlation with identical products, it is likely to give rise o confusion. In the context of international law, TRIPS Agreement deals with this problem under Article [16(1)], which states that the use of identical sign for identical services or goods may give rise to confusion and there is no requirement to establish such confusion by providing evidence as it will entitle the owner of the original trademark to full protection[17]. The negative impact of trademark infringement has led the governments undertake measures to reduce such incidence of trademark violations. Liu (2016) states that if a reputed brand is affected by several infringements such as counterfeiters place goods of inferior quality using the brand name of the original otherwise reputed company, the consumers of the brand will lose their faith and confidence in that brand, affecting both the financial as well as social reputation of the company[18]. There have been a rise in the online shopping compared to shopping from local stores and malls in the past years. There are three types of e-commerce namely, business-to-business (B2B), business-to-customer (B2C) and customer-to-customer (C2C). At present, there has been an incline in the B2c and C2C e-commerce type prevalent in China and in the US as well due to the availability of several websites and platforms, which makes such business transactions easy and convenient. E-commerce makes cross-border commerce easy and convenient as well which makes the seller and buyer gain profits[19]. However, Cheung (2018) states that with such profits and convenience relevant issues and threats also accompany such profits. The counterfeiters target certain brands more than the other brands, especially those having higher value, luxury brands dealing with designer accessories attracts more counterfeiters. Social media has become a common and easy means for the brands to enhance their customers and sales. In the absence of any effective regulations, counterfeiter uses this medium to promote their products in a zero-cost and efficiently by impersonating official brands through their personal profiles. Additionally, the counterfeiters continue to sell their fake luxury items using e-commerce websites, marketplace listings, etc. This implies that effective protection of IP rights is of great significance especially for foreign companies that are less familiar with Chinese market because Chinese e-commerce can be both intimidating and challenging at the same time[20]. China presents certain specific challenges for the owners of trademarks because in order to enter into a Chinese market, it is important that the owners adjust their brand protection strategies for addressing the problems related to Chinese counterfeits so that they can adapt to the special challenges presented by enforcement in China[21]. Successful enforcement is based on the assessment of the scope of brand infringement, which would be an efficient strategy for action and well-prepared documentation[22]. In order to create an effective enforcement strategy, it is important to comprehend the market places that allure most traffic and such market places should be subjected to constant monitoring to ensure that the products sold are legitimate. China initiated efforts to improve the protection of the IP rights and adapt to international standards when China ratified the bilateral Agreement on Trade Relations between the United States of America and Peoples Republic of China and became a signatory to the WIPO. Subsequent to the economic development, Chinese Government has been attempting to undertake effective measures to avert violation of IP rights like the recent Draft of E-Commerce law, Amendment in the Trademark Law in 2014, development of new policies against trademark infringement and an Action Plan for implementing national IP strategy[23]. The amendments in the Trademark law ensures a stronger and stringent protection system for trademarks owners as it has made proof of infringement easier and has empowered the courts to obtain accounting books of the infringer to calculate the damages. Statutory damages have been enhanced from RMB 500,000 to RMB 3,000,000. The USA pressurized China to improve its IPR protection system and some other essential International Conventions like the Paris Conventions and the Madrid agreement. However, Luo (2016) states that despite such efforts to improve the IPRs protection system and compliance with the provisions of the TRIPS agreement and WTO obligation, China failed to fulfill certain obligations to implementing effective ad stringent IP rights rules. Nica (2015) argues that the US Trade Representative (USTR) used twenty federal agencies to evaluate the activities of China. It was found that China had limited market access to foreign enterprises and goods and lacked transparency, which signified weak enforcement of IPRs. The US Chamber of Commerce and International Intellectual Property Alliance (IIPA) stated that China failed to reduce counterfeiting since its accession to WTO and there was lack of transparency with respect to IPR infringement data rule making and enforcement procedures. Through the mandatory WTO dispute settlement process, the US filed formal complaints against China in 2007 alleging that Chinas criminal prosecution for trademark infringement was declared void. In 2009, China notified WTO Dispute Settlement Body and US that it would require a reasonable period of time that is one year. Within 2010, China affirmed that it has satisfied the requirements that have made amendments in the trademarks regulations. E-commerce has undermined some aspects of rights enforcement by stakeholders China Due to the rapid growth in online commerce, the right owners often face with respect to trademark enforcement is sale of parallel imported goods in the sphere of e-commerce[24]. The goods include those that are though genuine, but they are sold in other countries[25]. Even majority of enforcement authorities or court put such issues to one side. In other words, the courts or the enforcement authorities are careful while determining whether such conduct amounts to violation of infringement. This attitude of courts is evident from the landmark case Victorias Secret v Shanghai Jin Tian[26] that was held for trial in the Shanghai Second Intermediate Peoples Court. However, in certain cases the courts may consider more factors such as Michelin v Tan Guoqiang[27] etc. In this case, the Changsha Intermediate Peoples Court stated that considering the security of transactions through e-commerce, the tire quality is directly associated with the property and personal safety of the passengers and the drivers[28]. Therefore, the tire manufacturers will usually produce as well as sell the tire that satisfies various geographic, climate and complete standard requirements in countries of sale. Similarly, there may be safety concerns but it still violates the legal provisions of China, hence, should be forbidden by law. Hence, Nemeth (2017) states that this case aimed at stating the principle that unauthorized sale may affect the interests of the trademark owner irrespective of the fact who manufactured the products. Chinese consumers are very conscious and perceive trademark as emblems of reputation of a firm and ensured management standard. Trademark recognition often encourages consumers to purchase a product. Therefore, trademark of products highly affects the consumers in China. Alternatively, Friedmann (2016) asserts that deceptive and manipulative use of trademarks are often used to pass fake goods as genuine good, which ultimately will have an adverse impact on the trademark holders. Hence, Chinese officials are justified in considering the trademark laws of the country to be playing a significant role in promoting the commodity economy of the country to ensure product quality and safeguarding consumer interests. The acts amounting to infringement include selling of products on e-commerce platforms, which can only be sold directly as per agreement. It includes selling of products online, which is otherwise required to be sold certain regional territory as per its agreements. Further, there are instances where luxury products with luxury brand name are sold on e-commerce whereas the selling of such goods is restricted to specific circumstances that are subjected to restrictions of the trademark owners[29]. Pras (2016) criticizes the lacunae in the trademark status of the country which fails to stipulates whether such statutes are legitimate or not. In the absence of any legal provision that renders such acts or conducts or omission as violation of the trademark law, the trademark owners face challenge with respect to their trademark protection on the internet. Further, in Nippon Company case, brought in Shanghai and Jiangsu province, the courts in both the regions stated that the defendants did not commit infringements on the ground that acts amounted to the fair use of Nippon trademarks[30]. Generally, most of the cases that are brought before the courts require determination of whether the using of others trademarks in the decoration of online amounts to trademark infringement. While determining such cases, the courts usually consider whether such use was proper and fair or whether it would confuse the public or whether such use will cause damages to the trademark owners. USA In the US, the sudden increase of user-generated content on the Internet, the competition among the advertisers and the propagation of domain name registration in order to draw attention of visitors to their respective websites, has pressurized the trademark owners to police their online use of e trademarks by third party[31]. Competitors, consumers and others are posting advertisements, posts, content on internet in which they are freely using the trademarks for their personal purposes that are originally owned by some other parties. According to Pras (2016), anyone who uses a trademark without the permission of the owner should be aware of its liability for infringing the trademark rights. Nemeth (2017) disagrees that any person who uses the unauthorized trademark of another person, such user does not become liable for infringement of trademark. The trademark owners must be able to diligently monitor the use of their trademark online and identify the difference between uses that amounts to infringement and uses that requires further monitoring and harmless uses, which should be ignored, but they do not amount to infringement. In order to safeguard trademarks from being used by others under circumstances where the use of the trademark leads to confusion, the Federal Trademark statute, the Lanham Act has been enacted. This statute created a cause of action of cyber piracy which is also known as cyber squatting that takes place when a person uses a domain name that is confusingly similar or identical to the trademark owned by the original owner. Therefore, using trademark of another party misleadingly or deliberately to deceive the consumers shall hold the person committing such infringement liable irrespective of the fact whether the trademark infringed gives rise to traditional infringement claim or it enjoys a federal trademark registration. Conclusion From the above discussion, it can be inferred that China has not only made amendments to the trademark law, China has improved regulation of its e-commerce market by issuing a specific E-commerce law. The e-commerce platforms shall have particular duties and obligations among which they shall guarantee products quality, use service agreements, consumers protection, and trade policies, which regulate their relationship with customers and operators. In the context of trademark law, China and USA aims at maintaining transparency in the e-commerce platforms. Contracts shall be clearly displayed and made available on the platform website that would be filed with authorities. In the event of any modifications, any stakeholder shall be able to comment and any such operator shall have the opportunity to disagree with the modifications or leave the platform[32]. Trademark infringement and counterfeiting has always remain a significant concern for foreign brands that are willing to expand their business in China owing to rapidly growing Chinese e-commerce market. Given that IP rights are subjected to violation over the internet, in particular, provisions must be included in the e-commerce law that addresses issues pertaining to brand protection and unfair competition[33]. This will set out the unauthorized acts or omissions that amount to unfair competition, thus, fortifying the protection of the intellectual property rights. Since 2012, Chinese Government has been trying to enhance IPR protection in the country for which the country has established IP courts along with other relevant improvements. The other advancement in order to safeguard IPR protection includes enhanced supervisions and support by administrative authorities, growing importance of civil litigation and criminal enforcement of trademark infringements. Bibliography International conventions and National Laws Agreement on Trade-related Aspects of Intellectual Property Rights [TRIPS Agreement] Berne Convention for the Protection of Literary and Artistic Works 1886 Implementing Regulation of the Trademark Law 2014 International Convention for the Protection of Industrial property (Paris Convention) 1989 Madrid Agreement Concerning the International Registration of Marks (Madrid Agreement) The Nice Agreement 1957 The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol) Trademark Law of the People's Republic of China 2013 Trademark Treaties and International Law (TTIL) Committee Case Citations Michelin v Tan Guoqiang [2009]. Case No.0073 Victorias Secret v Shanghai Jin Tian [2013] E.I.P.R. 610 Journals Baek, Young-Mi. "Current status of E-commerce market in China and implication."Journal of Digital Convergence13.1 (2015): 111-124. Burmann, Christoph, et al. "Identity-Based Trademark Protection."Identity-Based Brand Management. Springer Gabler, Wiesbaden, 2017. 281-289. Cheung, Ming. "28. the e-commerce revolution: ensuring trust and consumer rights in China."Handbook of Cultural and Creative Industries in China(2016): 412. Fang, Lily H., Josh Lerner, and Chaopeng Wu. "Intellectual property rights protection, ownership, and innovation: Evidence from China."The Review of Financial Studies30.7 (2017): 2446-2477. Friedmann, Danny. "Protection against Abuse of Trademark Law in Greater China: A Brief Analysis of the People's Republic of China, Hong Kong, Macau, and Taiwan."Cal. W. Int'l LJ47 (2016): 157. Giuffrida, Maria, et al. "Cross-border B2C e-commerce to Greater China and the role of logistics: a literature review."International Journal of Physical Distribution Logistics Management47.9 (2017): 772-795. Li, Seth Siyuan, and Elena Karahanna. "Online recommendation systems in a B2C E-commerce context: a review and future directions."Journal of the Association for Information Systems16.2 (2015): 72. Liu, Yongpei. "E-Commerce intellectual property rights protection in China."Intellectual Property Technology Law Journal28.8 (2016): 14. Luo, Kevin. "E-Commerce laws and practices in China."Ariz. J. Int'l Comp. L.33 (2016): 219. Nica, Elvira. "Positive drivers of consumer trust in e-commerce."Journal of Self-Governance and Management Economics3.1 (2015): 60-65. Turban, Efraim, et al. "Business-to-Business E-Commerce."Electronic Commerce 2018. Springer, Cham, 2018. 123-166. Turban, Efraim, et al. "E-Commerce: Regulatory, Ethical, and Social Environments."Electronic Commerce 2018. Springer, Cham, 2018. 573-612. Wilson, Jeremy M. "The future of brand protection: responding to the global risk."Journal of Brand Management24.3 (2017): 271-283. Wilson, Jeremy M., Clifford Grammich, and Fiona Chan. "Organizing for brand protection and responding to product counterfeit risk: An analysis of global firms."Journal of Brand Management23.3 (2016): 345-361. Books Carpenter, Megan M. "Trademark Law Promotes Fair Competition, Not Morality." (2016). Cheung, Ming, and Cheng-Fu Yang. "The e-commerce revolution: ensuring trust and consumer rights in China."Applied System Innovation (ICASI), 2016 International Conference on. IEEE, 2016. Fox, Robert. ". Domain Registration.-. General Information-. Brand Protection-China domain registration." (2018). Heath, Davidson, and Chris Mace. "What's a Brand Worth? Trademark Protection, Profits, and Strategy." (2017). Kotabe, Masaaki, and Kristiaan Helsen.Global marketing management. 2014. Mitnick, David, Howard Greenstein, and Peter Kaminski. "System and method for onlne brand protection and registry." U.S. Patent Application No. 14/692,180. Mu, Xiao.The Evolution of Well-Known Trademark Protection in China. Diss. The University of Manchester, 2016. Nemeth, Charles P.Private security and the law. CRC Press, 2017. Pras, Matthieu. "The use requirement for trademarks: a comparative study of the French, European Union trademark and United States federal laws." (2016).

Relationship between State and Civil Society

Question: Discuss about the Relationship Between State and Civil Society. Answer: Introduction: In this paper we state the importance of state society synergy, and also state the ways through which we can bridge the differences between government bodies and local communities. It is better to identify relationship between government involvement and private cooperative efforts instead of assuming that there is no relationship between the two. It is clear that active government and local communities can enhance the development efforts of each other if they work together. Civil society has power to leave positive effect on state institutions, and they also have power to influence the decision of the government on public policy, and in this paper we state the relationship between civil society and state. We state the role of no government organizations and how they monitor the activities of state institutions and also state the accountability of state institutions towards government. We also state different ways which can improve the relation between these two important organizations (NCBI, n.d.). In this essay we identify different forms and sources of state- society synergy. First we state the theoretical concept of state-civil society, and then focus on ways which can bridge the gap between these two. There are some other aspects also which need to discussed in this paper. At lat essay is concluded with brief conclusion. State-Civil Society: In political sociology, relationship between state and civil society is the key issue, and in this part of the essay we discuss three theoretical concepts of political sociology for the purpose of analyzing this relationship that is Marxism theory, elite theory, and pluralism. These theories are developed from the perspective of liberalism. Therefore, first we state the brief overview of the liberal perspective on state-civil relationship. From liberal perspective state serves civil society and they are accountable towards the citizens of the state through political representation. The main functions of the state are to maintain social order in the society and protect the society from external threats. As per liberals state is defined as neutral arbiter between conflicting interests and no section of society can dominate the state, but they can pursue policy which maximizes the liberty of individual (Khan, n.d.). According to DFID state-society relationship means communication related to negotiation on public authority and how this authority is influenced by people between state bodies, local communities which represent society and other societal groups. These communications mainly focus on those issues which define both rights and obligations of the state institutions and society, and also discuss on allocation of public resources and various methods of representation of facts and accountability of the institution (DFID, 2010). The actual focus is not on some specific forms of institution but it is on relationship between the government institutions and civil institutions. It is clear neither state nor civil society acting in isolates and they both need support of each other for better development in the country. State can derive its legitimacy by interacting with citizens and participation of civil institutions. As per Citizenship Development Research Centre, citizen is defined as an individual who has various rights against other persons and responsibilities which he own to others persons in the civil institutions and state institutions also. This definition states the relationship between not only citizen and state but with those also who are living within the borders of the state (Benequista, 2010, p. 4). Citizens have number of benefits such as they have right to live their nationality, to cast vote in the state, and they can also participate in process related to politics. They have right to access education, health, and other facilities provided by state such as access to labor market, own business, own land and other properties, and right of basic necessities. There is great impact of political settlements on the relation between state and civil society. For example, there are many states which are affected by conflicts and inn these states relations are affected by patronage as well as lack of accountability. There are many political personalities whose source of income are natural resources and some kind of criminal activities, and they have very less benefit to involve with the citizens of the state and established public authority which is effective. Such concentration of power in few hands limits the citizen participation in development of country. There are some situations in which citizens are excluded from public life because of violence and state repression. This reflects weak relation between state and society. It is clear from above theories that efforts made to promote right political settlement can re-shape the relations and also helps in positive transformation of politics and society. Usually, government focusing on state building by building the capacity of institutions working on central and state level, but it is necessary to pay equal attention on civil society and also increase the engagement of citizens in system so that they are able to make the state accountable and responsive towards society. In case of both donations and other funding, money is directed to both the institutions that are state and civil society institutions then these interventions are compartmentalized and based on state civil divide which is tradition in the state. Strategies and policies framed for this purpose clearly need focus on the communication between state institutions and civil society at all stages (GSDRC, n.d.). Structure of Synergistic Relations: Generally, building of relations between groups of civil society and governments include various forms such as simple dichotomy which is used to define the synergy between government and civil society and also difference between complementarily and embeddings. These two words not only define different forms of synergy but also state the connections between the idea of synergyand previous theories related to relations between public and private institutions. Complementarilyis a way which is conventional in nature and conceptualize the mutually supportive relation between state and civil society. It states the importance of division of labor based on the properties of state and society institutions. Governments are delivering number of goods which complement inputs delivered by private sectors, and putting these both inputs with each other will definitely result in best outcome which isbetter than the outcome delivered by public and private sectors separately. This concept suited to the current situation of institutions and encourages the collaboration of public and private sectors. On the other hand, synergy based on embeddednessstates that it is novel to connect citizens and public officials on divide of public and private level (Evans, n.d.). Bridge gap between state-civil societies: The main aim of peace lovers or peace builders is to mobilize the support from politics for the purpose of constructive actions to address some specific conflicts and their causes. Civil institutions like NGOs play important role by sharing information, make arguments, and contribute energy for the purpose of influencing decision making process. These institutions directly communicate with the policy makers or with those who influence the policy making process. These institutions are very important because they identify the problems and policy gaps, analyzing issues and also recommend solutions. In short, they identify the main problems which can be result in conflict and need to be identified for the purpose of solving these issues in peaceful manner (Manor, 1999). Civil groups analyze the current situation of the society, and on the basis of their findings they formulate recommendations, develop different options for policy, and also communicate with policy makers for the purpose of avoiding conflicts. They are able to mobilize advocacy campaigns under which they generate political will against the policy makers and also implement different strategies for achieving the desired results. These capacities are used to influenced both policy framed by governments and national legislation. While civil societies canalso force parliament and government for introducing new laws that may be address the causes of conflict or create new strategies for solving the issues in peaceful manner, and also it is common for them to engage in processes with government for the better development of the country. The gap between government officials and civil society can be fulfilled by various methods and for bridging this gap both institutions work together for deve loping frameworks related to policy and developing action plans to implement them: 1. Exchange necessary information with each other, analyze the issues which lead to conflicts, and find possible solutions for them.2. Formulating the directions of complete policy, and also specify the objectives related to policy.3. Make strategies and formulate different procedures for the effective implementation of policy.4.Raise awareness and arrange advocacy campaigns to generate political will for the purpose of adoption of new policy or agenda which is beneficial for public (Tosun Tosun, n.d.). Policy development in any developing country is complex process and civil societies play important role in identifying policy challenges. They generate awareness in public for creating pressure on government to get accurate response, and they also communicate with government officials, parliament members, and other civil servants for raising issues with public and these institutions also recommend various steps to solve these issues. There are number of departments in government which already consult civil institutions before making any policy, and also send draft papers for public consultation before these papers are adopted by the government as official policy (Barnes, 2006). In past, gap between citizens and state is reduced in different ways such as attention was given on strengthening the process of participation. In this method poor people communicate with government and present their points through new inclusions, consultation, and mobilization which are designed to inform and influence the government institutions. On other side, institutions pay attention on strengthen the accountability or responsiveness of government institutions and also on policies to change the design of institution. Each perspective make other perspective inadequate because consultation without political power is like voice which has no influence and other perspective is inadequate because changing the design on government institution without consultation will only lead to status quo (Cornwall Gaventa, n.d.). Policy development in Bangladesh: NGO activities in the Bangladesh are on highest concentrations and they have rich history. In other words we can also say that this country is the home of NGO activities in the world. History of civil society in this country is very important because activities conducted by civil organizations have deep relation with the history. In Bangladesh, Civil Society and its activities are originated from the time of independence, and there are number of civil organizations were formed for the purpose of conducted struggle against Pakistan. From last two decades, NGO in Bangladesh is working in the favor of service delivery programs and they abandoned many efforts which are conducting earlier for social mobilization and community activism. Therefore, it is seen by number of people that many represent the depoliticisation of NGO will result in erosion of democracy (Ahmed, n.d.). There is strong influence of countrys turbulent political history on relations between civil society and government. In previous time repression from government play important role in framing the policies related to NGO in Bangladesh, and now there are many contends who state that civil society in country lacks the autonomous oppositional character which must need to deal with the state institutions and other political elite. There are two major political parties who unofficially control the unions of workers, business associations, and groups of students. They also control the newspapers and because of this Civil society is not able to exert the strength which is necessary to influence the decision of state institutions related to public policy. There are very few civil organizations which are actively engaged in working with the poorest (Interactions, n.d.). State versus Civil Society: Contribution of Civil Society to good governance and development of state is analyzed with the interest taken by civil institutions in government process for the purpose of influence the policy made by state institutions. While doing these things they try to develop the relation of trust between public servants that is member of state institutions and ordinary citizens. As we already stated above not all the civil institutions are connected with state institutions for encouraging better governance. Some civil institutions are achieving their self-centered goals in the veil of good governance or by organizing violent events against the state and other organized groups, and other groups try to evade themselves from the formal structures of state through different forms of collective action in the informal economy. Therefore we summarize the contribution of civil society in good governance in four categories that is public policy and decision making, enhancing state performance, transpa rency and information, and social justice and the rule of law (IDSFORD, n.d.).Following are some issues stated in brief between state and Civil: Democratization:In recent years, there is hype of the concept of democratization which result in dramatic change in both political as well as institutional environment in which society operates. There are number of cases in which civil societies are used by opposition parties against the authoritarian governments, and in some other cases civil societies was not participated actively in politics and kept distance with political issues. Civil societies are there in which values of societies and democratic engagement are not there and these groups only use their status for achieving their self-centered goals. These groups even arise unnecessary conflicts with government (Demarco, 2008). Reforms of political structures: democratization also change the reform structure of civil institutions or also create many new structures which represent democracy. These changes includes constitutional re-design, decentralization of power under local government, and also create many formal procedures through which general public can access policy making structure of government and also influence it. These activities can provide space for civil society organizations to e into new activities, improve their relations with government officials and political representatives (Kopstein Chambers, 2009). Conclusion: There at last we conclude that these changes stated above are only small part of the story which describe the concept briefly. The main aim of state and civil synergy was to develop fair and good governance in the state and also build relation of trust between the government and citizens of the state. These institutions not only create the accountability of the state but also influence the policy making of government. References: Khan, Z. Relationship between State and Civil Society. Retrieved on 16th February 2017 from: https://www.yourarticlelibrary.com/political-science/relationship-between-state-and-civil-society/45261/. DFID, (2010). Building Peaceful States and Societies: A DFID Practice Paper, Department for International Development, London. Benequista, N. (2010). Putting Citizens at the Centre: Linking States and Societies for Responsive Governance. Sunningdale, UK. GSDRC. State-society relations: overview. Retrieved on 16th February 2017 from: https://www.gsdrc.org/topic-guides/state-society-relations-and-citizenship/state-society-relations-overview/. Evans, P. Government action, social capital anddevelopment: reviewing the evidence onsynergy. Retrieved on 16th February 2017 from: https://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.599.6830rep=rep1type=pdf. Cornwall, A. Gaventa, J. Bridging the gap: citizenship,participation and accountability. Retrieved on 16th February 2017 from:https://pubs.iied.org/pdfs/G01307.pdf. Barnes, C. (2006). Governments CivilSociety Organisations:Issues in Working Together Towards Peace. Retrieved on 16th February 2017 from:https://www.cries.org/filemanager/fileuser/25.pdf. Manor, J. (1999). Civil Society and Governance. Retrieved on 16th February 2017 from:https://www.alternativasycapacidades.org/sites/default/files/biblioteca_file/IDSFORD.pdf. Tosun, T. Tosun, g. E. Bridging the gap between local governments and citizens: do web sites matter for creating governance? Some observations on turkish local governments. Retrieved on 16th February 2017 from:https://unpan1.un.org/intradoc/groups/public/documents/nispacee/unpan027503.pdf. IDSFORD. Civil Society And Governance. Retrieved on 16th February 2017 from: https://www.alternativasycapacidades.org/sites/default/files/biblioteca_file/IDSFORD.pdf. Kopstein, J. Chambers, S. (2009). Civil Society and the State. Retrieved on 16th February 2017 from:https://individual.utoronto.ca/kopstein/publications/civil_society_and_the_state.pdf. Demarco, L. (2008). The difference between civil and civic. Retrieved on 16th February 2017 from:https://www.senscot.net/view_art.php?viewid=7318. Ahmed, S. The Civil Society of Bangladesh: Depoliticized in working Agenda but politicized in power relation. Retrieved on 16th February 2017 from: https://journal.hass.tsukuba.ac.jp/interfaculty/article/viewFile/16/64. Interations. Social, economic and political context in Bangladesh. Retrieved on 16th February 2017 from: https://interactions.eldis.org/node/135. NCBI, (2009). Civil Society, Health, and Social Exclusion in Bangladesh. Retrieved on 16th February 2017 from: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2928100/.