Beijing Sammies Essay Example for Free

Beijing Sammies Essay The AGROVOC Concept Server (AGROVOC/CS) Workbench is a web-based working environment consisting of numerous functionalities for the distributed management and enhancement of the AGROVOC/CS built from the AGROVOC thesaurus. Following the Semantic Web’s vision, that emphasizes collaboration in the development of data and metadata to be shared and reused across the web, the management of AGROVOC will progressively be transferred from a few individuals in FAO to a wider community of international AGROVOC experts. These interested and competent users will share the collaborative maintenance and extension of AGROVOC, one of the most frequently used terminological resources for agricultural information management in the world. Maintenance of the future extended AGROVOC will thus be completely decentralized with people worldwide contributing to its development. This report provides a brief note on the technical aspects of the AGROVOC/CS Workbench. Technical details †¢ Multilingual web interface and content (UTF8). †¢ The software is developed in pure JAVA (version 1. 5. x), with no calls to any third party modules requiring precompiled DLLs or other operating system specific features. †¢ The Google Web Toolkit (GWT) is used with an Eclipse plug-in for development of the system. It is used to build the system as a fully Java based AJAX client browser application that is compatible with all common web browsers. †¢ Where possible the JSP 2. 0 Expression Language (EL) is used for any JSP development within the project (it’s a way of writing script-less JSP pages). Protege OWL api framework is used to connect OWL. †¢ MySQL is used as RDBMS. †¢ The system is DBMS-independent. Additional database abstraction layer for interacting with the OWL backbone and the relational database will be used (e. g. the hibernat e persistence and query service, etc. ). The system follows FAO guidelines for HTML publishing: †¢ Guidelines for Web site development; †¢ File naming convention and file organization guidelines; †¢ Check list for the clearance of Web sites. In summary, the system is based on the following components: Development components †¢ Eclipse 3. 2 †¢ JAVA-JDK version jdk1. 5. x †¢ Apache Tomcat (that supports JSP and JAVA Servlets) Google Web Toolkit (for AJAX framework), version 1. 4. 60 †¢ Google Web Toolkit Incubator, version 1. 4 †¢ Protege OWL API 3. 4 libraries †¢ Hibernate 3. 0 libraries †¢ Hibernate 4 GWT, version 0. 5 RC2 †¢ MySQL version 5 Server side †¢ Windows XP, Windows 2000, or Linux †¢ Apache Tomcat 5. 5. 9 or higher †¢ JAVA-JDK version jdk1. 5. x or higher †¢ MySQL version 5 or higher †¢ Protege OWL API 3. 4 libraries †¢ Hibernate 3. 0 libraries †¢ Hibernate 4 GWT, version 0. 5 RC2 †¢ WAR file with compiled JAVA files and necessary libraries Current Server Configuration †¢ OS : Debian GNU/Linux 2. 6. 22-2 †¢ CPU: AMD 64 bit †¢ Memory: 8GB †¢ MYSQL version: 5. 0. 45 TOMCAT Version: 6. 0. 14 †¢ Java-JDK: 1. 6. 0_04 Required Application 1. MySQL version 5 or above Available link to download: http://dev. mysql. com/downloads/ 2. Apache Ant version 1. 7. 1 or above Available link to download: http://ant. apache. org/ 3. JAVA JDK version jdk. 1. 5. x or above Available link to download: http://java. sun. com/javase/downloads/index. jsp 4. Apache Tomcat version 6 or above Available link to download: http://tomcat. apache. org/download-55. cgi 5. Protege Version 3. 4 beta Build 130 Available link to download: http://protege. cim3. net/download/old-releases/3. 4%20betas/build-130/full/ 6. GWT Version 1. 4 Build 1. 4. 62 Available link to download: http://code. google. com/webtoolkit/versions. html The Step of Configuration 1. Download AGROVOC Concept Server Workbench code from the CVS Server. 2. Download the sql script from CVS Server at folder named sql. Create the database. †¢ Run the sql script file located at your_directorySQLadministrator_agrovocwb _v_0_2_beta. sql This will install administrator_agrovocwb database. †¢ Run sql script file to install the owl model database located at your_directorySQLlank model _v_0_2_beta. sql Here we have provided blank owl model. †¢ You can convert owl file directly to database by using stand alone java program located at: our_directorysrcorgfaoaoscsserverprotegeconvertToDatabaseProject. java †¢ You need the change the variables in the file. |18 private final static String url = jdbc:mysql://; | |19 private final static String table = ; | |20 private final static String user = ; | |21 private final static String password = ; | |22 private final static String uri = file:/c:/; | 3. To add model in the ontology list, go to database and table and insert new row with these values. Ontology id: (Auto increment) †¢ Ontology Name: Blank Model †¢ Ontology Description: AGROVOC Concept Server Workbench Blank AOS Module †¢ Database URL: jdbc:mysql://:3306/? requireSSL=falseuseUnicode=truecharacterEncoding=UTF-8 †¢ Database Driver: com. mysql. jdbc. Driver †¢ Table Name: †¢ Database Username: †¢ Database Password: †¢ Display Ontology on the list: 0 for hide and 1 for Show 4. Use java editor to †¢ Change the configuration of the hibernate file that located in your_directorysrchibernate. cfg. xml Change the property of your connection password instead of â€Å"your_password† and change the property of your connection url instead of â€Å"your_url†. 13 your_password | |14 jdbc:mysql://your_url | †¢ Change the configuration of the database properties that located in your_directorysrcorgfaoaoscsserverowlDatabaseC onnection. properties Change the property of your username of database instead of â€Å"your_username† and change the property of your password of database instead of â€Å"your_password†. |4 userAdminDB = your_username | |5 passwordAdminDB = your_password | †¢ Change the configuration of the mail file that located in your_directory srcorgfaoaoscsutilityMail. properties Change the property of your host name instead of â€Å"your_mailserver_host†, change the property of your port instead of â€Å"your_port†, change the property of your user instead of â€Å"your_user†, change the property of your password instead of â€Å"your_password† and change the property of your from information instead of â€Å"sender_email†. |1 host=your_mailserver_host | |2 port=your_port | |3 user=your_user | |4 password=your_password | |5 from= sender_email | †¢ Run build file to create war file using Apache ANT. 5. Copy the war file to folder of tomcat installation directory. 6. You can use the program by opening your browser and type †¢ http://localhost:8080/your_project_name

Map of the occupied Germany Essay Example for Free

Map of the occupied Germany Essay The map presented above has been reproduced from Wikimedia Commons. It shows the four zones which were occupied by Great Britain, France, the United States, and the USSR. It also shows the location of Berlin well inside the Russian zone. The inset shows how the city of Berlin was divided among the four occupiers. Just by looking at the geographical location of Berlin, one could immediately see that the carriers of supplies (like food, medicine, and fuel) which were coming from the western zone and meant for the residents of the western sectors of Berlin had to traverse through a significant portion of the Russian zone before they could reach their destination. The Berlin Blockade, therefore, threatened the very survival of the Berliners who were living in the western sectors. This was realized by Stalin who exploited the situation in order to exert pressure on the western powers into renegotiating the German problem. This was what worried Governor Clay. He was well aware that the 2. 5 million residents of the western sectors could not survive longer than five weeks without new shipments of supplies. The blockade first surprised then confused the officials of the western powers. British foreign minister Bevin declared that despite the blockade, they should go forward with the plan of creating a West German state. Military Governor Clay recommended the use of an armored convoy to transport supplies through the Russian zone. However, his recommendation was turned down for fear that it would provoke a war with the USSR. In the end, the suggestion of Bevin to airlift the supplies was favored (Wilde). The planes carrying the supplies would fly over the Russian zone using the three air corridors which were opened under an agreement with the Russians after the war. These were: the â€Å"Frankfurt/Main-Berlin air corridor, the Hannover/Bueckeburg-Berlin air corridor, and the Hamburg-Berlin air corridor† (Berlin Information Group). On July 2, 1948, British Lt. General Brian K. Robertson conferred with the leaders of the United States and France after which he demanded the lifting of the Berlin Blockade. However, on July 14, the USSR responded by saying that the United States, Great Britain, and France had lost their right to stay in Berlin. The Russian response also justified the blockade by stating that its objective was the protection of the â€Å"economy of the [S]oviet zone. † According to the Russians, the creation of a West German state and the issuance of a new currency violated the agreements of the â€Å"Big Four† with regards the occupation of Germany. Hence, by violating the agreement, Russians claimed that the United States, Great Britain, and France effectively rendered their right to take part in the occupation and administration of Berlin null and void. The Russians also emphasized that since Berlin was located inside the Russian zone, all of Berlin (including the western sectors) belonged to the Russian zone. The western powers reacted to the Russian allegations during a meeting among the delegations of the United States, Great Britain, and France which started on July 15. Their joint response stated that â€Å"Threats, pressure or other actions† could not pressure them into leaving Berlin. On July 17, William J. (Wild Bill) Donovan, a former Major General who was the director of the Office of Strategic Services (OSS) during the war, declared that â€Å"The place to make a stand against Russia is right here in Berlin. This is not a Cold War. It is Hot as Hell† (The Berlin Airlift Veterans Association).

A Trade Mark

A Trade Mark Introduction A trade mark is a way for one party to distinguish themselves from another. In business, a trade mark provides a product or organization with an identity which cannot be imitated by its competitors. According to section 1(1) of the 1994 Act, a trademark is ‘any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of another’. In Sigla SA v OHIM (Office of Harmonization for the Internal Market) the Court of First Instance (CFI) stated that a trade mark does also convey other messages concerning the qualities or particular characteristics of the goods or services which it covers, such as luxury, lifestyle, exclusivity, adventure, youth. A mark has then an inherent economic value which is independent of and separate from that of the goods and services for which it is registered. The CFI held that ‘these messages are conveyed, by trademarks with reputation and confer on it significant value which deserves protection because the reputation of a mark is the result of considerable effort and investment on the part of its proprietor’. However, how far the UK courts and the European Court of Justice (ECJ) have recognised this â€Å"inherent economic value† of registered trade marks? Relative Grounds for Refusal Marks which conflict with earlier marks or signs may not be registered. The grounds for refusal of the registration of a trade mark are found in section 5 of the Trade Marks Act 1994 and Article 8 of the Community Trade Mark Regulation (CTMR): Identical marks on identical goods and services: section 5(1)/Article 8(1) (a); Identical marks on similar goods and services that there exists a likelihood of confusion on the part of the public which includes the likelihood of association with the earlier mark: section 5(2) (a)/Article 8(1) (b); Similar marks on similar goods and services and there is a likelihood of confusion which includes the likelihood of association, between the marks: section 5(2) (b)/Article 8(1) (b); Identical or similar marks on goods or services which would take unfair advantage of, or be detrimental to, the distinctive character of the earlier mark, without due cause: section 5(3)/Article 8(5). UK incorporated Articles 4(4) (a) of the EC Trademark Directive and 8(5) of the Community Regulation 40/94 into domestic law under section 5(3) of its Trade Marks Act 1994. According to section 6, Earlier Marks cover UK and Community Trade Marks with an earlier registration date and Community Trade Marks with seniority derived from an earlier UK mark. They can also be marks registered under the Madrid Protocol and â€Å"well known† trademarks protected under Article 6bis of the Paris Convention. Article 4(4)(a) of the EC Trademark Directive allows any Member State to provide that ‘a trade mark shall not be registered where, the trade mark is identical with, or similar to, an earlier national trade mark and is to be registered for goods or services which are not similar to those for which the earlier trade mark is registered, where the earlier trade mark has a reputation in the Member State concerned and where the use of the later trade mark without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark’. There are four main grounds for infringement, which are set out in section 10 of the Trade Mark Act 1994. They are the same grounds for refusal of registration, as contained in section 5. Any act of infringement is not required to of held any previous knowledge or intention to carry out the act. To infringe, a mark must be used ‘in the course of trade’. Any use which is liable to put at risk the guarantee of origin may be prevented, because this guarantee constitutes the essential function of the mark. Identical and Similar Marks under Section 10(1) If the marks are identical or similar, and the goods and services are identical or similar, confusion must be shown. A mark is considered similar if in the mind of the average consumer the likelihood of confusion for the goods/services is at issue. The marks must be compared as wholes because the average consumer generally recognizes marks as a whole. Section 10(1) prohibits the use of an identical mark to the registered mark upon goods or services for which the mark is registered. In Reed executive v Reed Business Information Ltd it was held that the marks were similar, not identical. The claimant alleged that the defendants had infringed its trade mark. The defendant had used ‘Reed’ as part of the composites ‘Reed Elsevier’ and ‘Reed Business information’. Jacob LJ did not think that ‘Reed Business information’ was identical to ‘Reed’ and he noted that the additional words would not ignored by the average consumer. The ECJ in SA Societe LTJ Diffusion v SA Sadas stated that the criterion ‘must be interpreted strictly. The definition of identity implies that the two elements should be the same in all aspects’. The level of identity between the marks must be high. In Origins Natural Resources Inc v Origin Clothing Ltd the marks ‘Origin’ and ‘Origins’, were held to be similar but not identical. Likelihood of Confusion Likelihood of confusion is arising from similarity with an earlier mark and goods and services for which that earlier mark is registered. If exists a likelihood of confusion on the part of the public, the trade mark will not be registered under section 5(2). Jacob J recommended in British Sugar plc v James Robertson Sons Ltd, that to apply section 5(2) is to ask first whether the marks are the same or similar and then whether the goods are the same or similar. Finally, ask whether the proviso applies and whether there is a likelihood of confusion, including a likelihood of association between the marks. If the answer to all three questions is positive, then there will be a conflict. In Sabel v Puma the ECJ held, that the likelihood of confusion must be appreciated globally, taking into account factors including the recognition of the trade mark on the market, the association which can be made between the registered mark, the sign and the degree of similarity between the mark, the goods and the services. The Court considered that there is a greater likelihood of confusion where the earlier trade mark has a highly distinctive character. It was noted in Ruiz-Picasso v OHIM, that attention would be particularly high as regards goods which are expensive, and highly technological in character. The ECJ said in Canon Kabushiki Kaisha v Metro-Goldwyn-Mayer Inc that, if the association between the marks causes the public to believe that the respective goods come from the same or economically linked undertakings, there is a likelihood of confusion. In Marca Mode CV v Adidas AG it was held that ‘the reputation of a mark does not give grounds for presuming a likelihood of confusion simply because of a likelihood of association in the strict sense’. Protection for Marks with Reputation Article 8(5) of the Trade Mark Directive and Article 4(4) the Community Trade Mark Regulation offer protection for marks ‘with a reputation’, recognising that trade marks do more than simply signify origin. In Bristol Myers Squibb v. Paranova the â€Å"essential function† of the trade mark was held to be to guarantee origin to the consumer without any risk of confusion. Some marks because of their reputation have obtained a value not confined to the basic distinguishing function of a mark, so that they should be entitled to protection. The CFI give guidance in Sigla on the distinction between the notion of the likelihood of confusion and the risk of unfair advantage. The Court noted that a likelihood of confusion occurs where a consumer is attracted to a product or service covered by the applied for mark because of a misunderstanding that it comes from the same origin as that covered by an earlier mark which is identical or similar. However, the risk of unfair advantage might happen where the consumer is attracted to the mark itself, without confusing the origin of the good or service. The Court in Sigla held that: ‘Article 8(5), ensures that a mark with a reputation is protected with regard to any application for an identical or similar mark which might affect its image, even if the goods or services covered by the mark applied for are not similar to those for which the earlier mark with a reputation has been registered’. Being able to prove that the trade mark ‘has a reputation’ is a key to a trade mark owner’s ability to benefit. Dilution Section 5(3) of the Trade Marks Act 1994 offers the means for an earlier trade mark holder to prevent registration of a later trade mark which dilutes the distinctiveness and exclusivity of his trade mark. The dilution claim it appears as section 10(3) of the Act: A person infringes a registered trade mark if he uses in the course of trade a sign which is identical with or similar to the trade mark, and is used in relation to goods or services which are not similar to those for which the trade mark is registered. The trade mark must have a reputation in the UK, namely the use of the sign must be without due cause and must either take ‘unfair advantage of’ or be ‘detrimental to’ the distinctive character or repute of the trade mark. In Adidas-Salomon AG and Adidas Benelux BV v Fitnessworld Jacobs found that the concept of detriment encapsulates dilution, which is often referred to as ‘blurring’ and means that the mark is no longer capable of arousing an immediate association with the goods for which it is registered or used. This concept of detriment is sometimes referred to as ‘tarnishment,’ and means that the goods for which the infringing sign is used, appeals to the public’s senses which accordingly affects the mark’s power of attraction. Reputation The justification for the laws protecting trade marks focuses on the recognition and their quality. Kur stated that reputation could be claimed by ‘a trademark with a relatively low degree of renown, yet which possesses an attractive, strongly associative image’. The question of the reputation needed by a trade mark to qualify for protection was decided by the ECJ in General Motors Corporation v Yplon . It was stated in this case that the stronger the earlier mark’s distinctive character and reputation, the easier it will be to find that detriment has been caused to it. The ECJ held that the words has a reputation in Section 5(3) of the Trade Marks Act, Article (4)(4)(a) of the 89/104 directive and Article 8(5) of regulation 40/94 require the mark known only by a significant part of the public concerned by the products or services covered by it. To oppose a trade mark under Article 8(5) a challenger must prove in the case of an earlier Community trade mark the trade mark has a reputation in the Community and, in the case of an earlier national trade mark, the trade mark has a reputation in the Member State concerned. The Court held that a national Court when is deciding whether a mark had a reputation has to take into account facts like ‘the market share held by the trade mark, the intensity, geographical extent, and duration of its use, and the size of the investment made by the undertaking in promoting it’. In Hag II the Advocate General stated that trade marks found their justification ‘in a harmonious dove-tailing between public and private interests’, the right purpose of the law being to protect the ‘clarity of the signal transmitted by the mark’. The CFI in Spa Monopole v OHIM-Spa finders , held in that the reputation for certain goods or services can not be extended to other goods and services. The Court held that the reputation for mineral waters could not constitute the evidence of reputation for goods in class 3 (namely soaps, perfumery and cosmetics) and that ‘the proprietor of the earlier mark is not required to demonstrate actual and present harm to his mark. He must adduce prima facie evidence of a future risk, which is not hypothetical, of unfair advantage or detriment’. Marks with Reputation on Similar or Dissimilar Goods Section 5(3) of the 1994 Act has been amended to mirror section 10(3) which is relevant to goods and services that are dissimilar to those of the relevant registration. There is no need for there to be any ‘likelihood of confusion’ for an infringement under section 10(3). It was considered in Davidoff Cie SA and Zino Davidoff SA v Gofkid Ltd that a well known mark should receive the same protection where the goods are similar as it receives where the goods are dissimilar. The Court held that member states were entitled to provide specific protection for registered trade marks with a reputation in cases where a later mark or sign, which is identical with or similar to the registered mark, is intended to be used or is used for goods or services identical with or similar to those covered by the registered mark. In Adidas v Fitnessworld the ECJ held that ‘it is sufficient for the degree of similarity between the mark with a reputation and the sign to have the effect that the relevant section of the public establishes a link between the sign and the mark’. It was considered that where a member state exercises the option under Article 4(4) (a) of the directive it is bound to grant the protection in question in cases of use by a third party of a later mark or sign which is identical with or similar to the registered mark with a reputation, in relation to goods or services which are not similar and to goods or services which are identical with or similar to those covered by that mark. In this case the Court stated that ‘Article 5(2) of the directive establishes, for the benefit of trade marks with reputation, a form of protection whose implementation does not require the existence of likelihood of confusion’. The ECJ considered that Article 5(2) of the Directive must be interpreted in the sense that, where the sign is used for identical goods or services, a mark with a reputation must benefit from protection which as extensive as where a sign is used for non-similar goods or services. Unfair Advantage or Detriment A trade mark will not be registered where the use of the later mark must either take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark. The Court held in Spa-Finders that ‘Unfair advantage encompasses cases of clear exploitation and free-riding on the coat-tails of a famous mark or an attempt to trade upon its reputation, unfairly drawing on and profiting from an earlier mark owner’s goodwill and investment in promotion’. Detriment could take the form of tarnishing or blurring. The association between two marks and between the goods or services to which they relate could be detrimental to the strength and reputation of the earlier mark if it tarnished it by association or made it less distinctive. Evidence of reputation can go a long way toward proving unfair advantage or detriment. Unfair Advantage of the Earlier Mark Advocate General Jacobs in the Adidas case considered that the concept of ‘unfair advantage of distinctive character or repute’, as found in Article 5(2) of the EC Trademark Directive was ‘intended to encompass instances where there is clear exploitation and free-riding on the coattails of a famous mark or an attempt to train upon its reputation’. The CFI in Sigla, stated that the unfair advantage of the repute takes place where there is a risk that the image of the mark with a reputation or the characteristics which it projects are transferred to the goods covered by the second mark, with the result that the marketing of those goods is made easier by that association with the earlier mark with a reputation. Sir Thomas Bingham, in Taittinger SA v Allbev, stated that it would be unfair to allow others to ‘cash in on the reputation that they had done nothing to establish’. In L’Oreal SA v Bellure NV , the defendants were a cosmetic company who were trying to pass off their brand as that of L’Oreal’s. The L’Oreal trade mark is very popular. Jacob LJ looked at the importance of unfair advantage and stated that the relation between the defendants’ packaging and the registered marks, if established, would give an advantage on the defendants. He gave as an example of unfair advantage, where a well known mark in one field is used by another in a same field and therefore excludes the chance for the owner of the registered mark to move into that field in the future. In Akteselkabet af 21 November 2001 v OHIM, the earlier mark benefited from a reputation for ‘apparatus for recording transmission or reproduction of sound or images’ and evidence has been given of its use in sporting events, while the other trade mark was applied for clothing. It was considered by the CFI that as the public was familiarized to seeing the TDK mark on clothing related to sporting events, the use of the second sign on clothing could make the public to believe that such clothing was manufactured by, or under licence from, the owner of the TDK mark. Detrimental to the Distinctive character of the earlier mark It was held in Spa-Finders that there is detriment where the earlier mark is no longer able of beginning direct association with the goods for which it is registered and used. The CFI held that the existence of a link between the marks Spa and Spa-Finders in the mind of the relevant public is not enough to show the risk of detriment to the distinctive character. The Court in Intel Corporation Inc v CPM United Kingdom Ltd said that article 4(4)(a) of the Directive was to be interpreted as meaning that whether there was a link between the earlier mark with a reputation and the later mark was to be assessed globally, taking into account all the relevant factors which included the fact that, for the average consumer, who was reasonably well informed, observant and circumspect, the later mark called the earlier mark with a reputation to mind was tantamount to the existence of such a link between the conflicting marks. It was held in Intel that ‘the fact that the earlier mark had a reputation for certain types of goods or services, and those goods or services and the goods or services for which the later mark was registered were dissimilar or dissimilar to a substantial degree, and the earlier mark was unique in respect of any goods or services, did not necessarily imply that there was a link between the marks’. Jacob LJ thought that there should be more than a ‘mere calling to mind’ of the earlier mark by the average consumer when confronted with the later mark on dissimilar goods. Any detriment should be to the distinctiveness of the earlier mark in relation to the goods and services it covers, no to its attractiveness more generally. The more unique the earlier mark appeared, the greater the likelihood that the use of a later identical or similar mark would be detrimental to its distinctive character. Detriment to the Repute In Claeryn v Klarein the Court considered that the concept of detriment to the repute of a trade mark, often referred to as degradation or tarnishment of the mark, describes the situation where the goods for which the infringing sign is used, appeal to the publics senses in such a way that the trade marks power of attraction is affected. The case of Sigla SA v OHIM, explained that the detriment to the repute occurs where the goods or services, for which the reputed trademark is unjustifiably used, have a quality or a value which may have a negative influence on the image of the earlier mark with reputation. The CFI held in Spa-Finders that there is no ‘antagonism’ between the goods and services covered by the marks which might be detrimental to the repute of Spa mineral waters. The Court notes that it is unlikely that the mark Spa-Finders will tarnish the image of the Spa mark. These marks designate different goods consisting, in mineral waters and, on the other hand, in publications and travel agency services. The Court find that it is unlikely that the goods and services covered by the mark Spa-Finders, even if they turn out to be of lower quality, would diminish the power of attraction of the mark Spa. The closer the goods are the easier to prove a detriment to the repute will be. Without Due Cause When an opponent has established that its earlier trade mark has a reputation, and that use of the applicant’s mark will take unfair advantage of, or to be detrimental to, the earlier mark, the obligation then falls upon the applicant to show that the use would not be without due cause. Jacob LJ noted in L’Oreal v Bellure that the onus of establishing due cause lies with the defendant. In the Nasdaq Stock Market Inc case the CFI held that Nasdaq was distinctive and conveyed an image of modernity which was attractive and relevant to the stock market and to other goods such as the applicant’s. It was considered that the applicant had not established that its use of the trade mark would be founded on due cause within the meaning of Article 8(5), and the Court held that there was no due cause for the applicants use of the sign. The Court in Premier Brands UK v Typhoon Europe, applied the criterion from found that Typhoo was an established brand of tea with a reputation and that the defendant used its mark without due cause. It was held that there would be no likelihood of confusion but proceedings commenced in relation to section 10(3), on the idea that the goods in subject were dissimilar. Neuberger J held that the phrase ‘without due cause’ required an applicant to show some reasonable grounds for using its sign in relation to its goods even this was unfair or detrimental to the earlier mark. Good faith would not justify the registration of a mark. In Hollywood SAS v Souza Cruz SA it was held that ‘the condition of due cause is not fulfilled merely by the fact that the sign is suitable for identifying the products for it is used, the applicant has already used this sign for these or similar products within and outside the territory of the community or the applicant invokes a right ensuring from a filing over which the filing by the proprietor of the opposing trade mark takes precedence’. These factors are guidelines which may the Court use in balancing the competing interests present in dilution cases. Conclusion A trademark is a powerful right. For many businesses, a Trade Mark is a valuable asset which plays a key role in the commercial success of the business. Reputation can improve the distinctiveness of the mark and increase its scope of protection. Trade marks act as a motivation to sustain quality since they act as a guarantee to the consumer. The ECJ has treated the requirement that the trade mark must have a reputation as a threshold that can be included into a global appreciation. As the ECJ has interpreted it, the additional zone identifies that the economic value of a trade mark can reflect ability for doing something more than presenting its important meaning and that this ability can require certain legal protection.

Edvard Munch: Emotion as Art Essay -- Art Realist Expressionist

Edvard Munch: Emotion as Art Since the 7th grade, I have been a huge fan of the famous French-inspired realist and expressionist, Edvard Munch. His work is so full of passion and pain as well as shock and sadness. By gazing into the gloriously deep world of emotion he created, art lovers both young and old are amazed and drawn in. Born on December 12, 1863 in Loton, Norway, Munch entered a family of five children. He grew up with his father serving in the Army as a doctor and his mother took care of the large family. In 1868, Munch’s mother died of tuberculosis, the first of many tragedies in his life. His aunt, Karen Bjolstad, assumed the role of caregiver in the absence of his mother. Another tragedy occurred in 1877 when his fifteen year old sister, Sophie, died of tuberculosis as well. Munch’s first official art training began at the Technical College in 1879. The following year he entered a design school where he became very interested in freehand and modeling classes. In 1882, Munch and six other artists rented a studio which was headed by Christian Krohg, Norway’s leading artist at the time. In 1885, Munch won a scholarship to study in Paris. While in France, he began working on his realistic approach, and completed, â€Å"The Sick Child,† which was a piece reflecting on the devastating death of his sister, Sophie. He continued on with this expressionism based on painful personal experiences, and received a great amount of negative criticism. Yet another catastrophe occurred in 1886 when Munch’s father passed away. Munch continued diligently with his work as he studied in France, and eventually developed the French Impressionist Technique. While in Paris, he used this technique to create art that symbolized his... ...unch,† was published in 1917. This book included artwork that Munch had presented on many of his travels around the world. It included work from the â€Å"National Galerie† in Berlin which included 223 oil paintings. Edvard Munch died on January 23, 1944 in Ekley, Norway. All of his works were left to the city of Oslo, who eventually built a museum to display the 1,008 paintings, 15,391 prints, 4,443 drawings and watercolors, and six sculptures. The museum was named, â€Å"The Munch-museet†, in Edvard Munch’s honor. Munch’s work is still popular today and continues to be in the media. In July of 2004, a few of Munch’s famous pieces, including, â€Å"The Scream,† were stolen from his museum in Oslo. This shows the continued popularity of Munch’s very personal powerful works. Works Cited: http://www.mnc.net/norway/Edvmunch.htm http://www.edvardmunch.info/biography.asp

Art Therapy: Helping the Mind and Body :: Health, Treatment

Can art imitate life and healing? The use of art therapy began in the early 20th Century, used by a myriad of education and mental health practitioners, as a means of therapy for children and, eventually, adults (American Art Therapy Association, 2011). Art Therapy is beneficial in treating victims of illness from mental issues, including sexual abuse and schizophrenia, to physical disease like HIV/AIDS and fertility in women. Used in association with group talk therapy, art therapy has been proven to be effective with sexually abused children and with those patients who suffer from more severe mental disorders like schizophrenia. In a study of South African girls, Natascha Pfeifer found that art therapy helped girls who had been victims of sexual abuse to improve self-esteem and with symptoms of anxiety. Pfeifer evaluated 25 sexually abused girls from 8 to 11 years old. The program was based on Gestalt’s client-centered and abuse-focused principles (Pfeifer, 2010). â€Å"The Solomon four-group design was used to investigate the efficacy of the intervention, the Trauma Symptom Checklist for Children and Human Figure Drawing were used as measures for assessing symptom change† (Pfeifer, 2010). The girls were asked to explore feelings associated with the abuse they had experienced. In addition, they were asked to draw different feelings and discuss them among the group. â€Å"They were then ask ed to draw or paint a ‘happy box’ and an ‘unhappy box’ in which their feelings could be stored. Hereafter the children drew the person who abused them (as an animal, shape or colour) and their feelings toward the perpetrator. In order to further address any unfinished business regarding the abuser, the girls were given the opportunity to verbally or physically express their feelings, which could then be placed in the happy or unhappy box. This was followed by a discussion on how it felt to express these feelings† (Pfeifer, 2010). The results showed that the girls in the experimental group had lower levels of depression and anxiety than those girls who were in the control groups. Self-esteem seemed flat for all groups, according to Pfeifer. â€Å"The findings of the present study suggest that the programme does not target low self-esteem as successfully as depression and anxiety. Alternatively, the findings may reveal that the HFD is not sensitive to changes in self-esteem symptoms† (Pfeifer, 2010). In targeting s chizophrenia, art therapy has had more promising results in aiding with rehabilitation and socialization. In 2003, Virginia R.

Blade Runner Essay -- Papers

Blade Runner "Mise en scene, in discussions of film, refers to the composition of the individual film, the relation of objects, people and masses; the interplay of light and dark; the pattern of colour; the camera's position and angle of view, as well as the movement within the frame". The complete film dictionary. The Ridley Scott film Blade Runner, begins with opening credits, these are plain, bold, white text on a black background. This along with quiet music and sudden beats of drums creates a very tense atmosphere and helps with suspense; there is a very military feel to this opening sequence. We are then given an update of events, this tells us the film is set in the future and that it is a time when technology has enabled cyborg human clones, colonisation on planets in outer space and a world dominated by Large Corporations, this tells us that the genre of this film is sci-fi. ====================================================================== The opening sequence shows a vast futuristic urban ba...

Two Types of Computer Software

COMPUTER SOFTWARE INTRODUCTION OF COMPUTER SOFTWARE Computer software or just call as software is about any set of machine –readable instruction that directs a computer precessorto perform spesific operations. One common way of dicribing hardware and software is to say that software can be thought of as the varible part of a computer and hardware as the invariable part. Hardware and software require each other neither has any value without the other. Software is a genaral term. It can refer to all computer instuction in general or to any specific set of computer instuctions.It is conclusive of both machine instruction that call the binary code that more human understand and source code that more human undestandable instructions that must be rendered into machine code by compiless or interoreters before being executed. On most computer plattforms software can be grouped into two broad categories. It is system software is the basic software needed for a computer to operate. The application software is all the software that uses the computer system to perform useful work beyond the operation of the computer itself.Software refer to one or more computer and data held in storage of the computer. In the other words, software is a set of programs, procedures, algorithm and its documentation concerned with the operation of the fuction of program it implemens either by directly providing instruction to the digitals electronics or by serving as input to the another piece of software. The term was coined to contrast to the term hadware. In the contrast hardware , software ‘ cannot be touched. Software is also sometimes used in a more narrow sense meaning application software only.Sometimes the terms includes data that has not traditionally being associated with computers, such as film, types and record . These are system software or operating system referred simply as the OS, application software and programming languages. Usually most of us interact with a c omputer using application software. * TYPES OF SOFTWARE APPLICATION SOFTWARE Application system includes a variety of programs that can be subidivided into ganeral-purpose and function-specific application categories. A normal user rarely gets to see the operating system or to work with it.But all of us are familiar with application software which we must use to interact with a computer. Application softwares are used to improve our work ability. Different application softwares and system softwares are used in daily life. Some are productivity software, content software, assessment software, online software, drill and practice software, problem solving software, tutorials, multimedia softwares, stimulation, games, group ware, share ware, spy ware, free ware etc . Some softwares are used to produce and create documents and different presentations. In the application software have four type. It is general purpose, custom software, commercial off-the –shelf(COST) and open source -software. Genaral-purpose application programs are programs that perform common information processing jobs for end user. For example word processing, spreadsheet, database management, and graphics prgrams are popular with microcomputer user for home,education,business, scientific and many other purpose. Because they significantly increase the productivity of end user , they are sometimes known a productivity packages.Other examples include web browsers, e-mail, and group ware, which help support communication among workgroups and teams. Costum software is an additional common way of classifying software is based on how the software was the developed. It is the term used to identity software application that are developed within an organization for used to identify software applicationthat are developed within an organization for use by that organization. In other words, the organization that writes the program code is also the organization that use the final software organization. Software that is developed for a specific user or organization is custom software. Since it is built for a specific user, its specifications and features are in accordance with the user's needs. Commercial off-the –shelf(COST). It is developed with the intention of selling the softwarein multiple copies and usually for a profit. In this case, the organization that writes the software is not the intended target audience for its use. Several characteristics are important when describing COST software.As opposed to custom software, off-the-shelf software is standard software bought off the shelf. It has predefined specifications that may or may not cater to any specific user's requirements. When you buy it, you agree to its license agreement. First as stated in our definition, COST software products are sold in many copies with minimal changes beyond scheduled upgrade release. Purchaser of COST software generally not control over the specification,schedule, evolution, or access to either the source code or internal documentation.A COST product is sold, leased, or licennsed to the genaral public, but in virtually all cases, the vendor of the product retains the intellectual prperty rights of the software. Costum software, in contrast,is gerally owned by the organization that developed it, and the specifications, functionality, and awnershipof the final product are controlled or retained by the developing organization. Open- source software is the newest innovation in software development. In this approach, developers collaborate on the development of an application usingprogramming standards that allow for everyone to contribute to the software.Futhermore , as each developer completes his or her project, the code for the application becomes the available and free to anyone else who wishes to use it. Open source software is available in its source code form and the rights to change, improve and sometimes distribute its code are given under a software license . Software developed by an individual or an organization, where the source code is closed from public (not available openly) is referred to as closed source software. SYSTEM SOFTWARE System software consist of program that manage and support a computer system and its information processing activities.For example. Operating systemand network management programs serve as a vital software interface between computer networks and hardware and the application programs of the ends users. System software is the backbone of any computer. It consists of all the files and programs that work to make your computer operate as a computer. System software is automatically provided when you purchase a computer on the high street, and is installed along with the operating system. Providers of system software include Windows and Apple Mac.These offer regular updates which can be installed for free as they become available. Examples of system software include assemblers, system utilities, tools and deb uggers. We can group system software into two major categories. System management programs. Program that manage the hardware, software network,and data resources of computer system during the execution of the various information processing jobs of users, example of important system management programs are operating systems,network managemant programs, database management systems and system utilities.System development programs. It is program that help user develop information system program and procedur and prepare user programs for computer processing. Major software development programs are programming langguage translators and aditors ,and variety of CASE and other programming tools. PICTURE OF TYPE OF SOFWARE REFFERENCE O’Brien, J. A. ,Marakas, G. A(2011). Management information system. American : new york: McGraw Hill. Wikipedia, the free encyclopedia