Trademark Act Essay Example | Topics and Well Written Essays - 1250 words

Trademark Act - Essay Example An example of a trademark is the Nike tick, which allows the consumer know they are buying Nike products; whilst if one buys a similar product with a picture of a puma on then the individual knows that it is a Puma product. Therefore if another producer started to sell products that had a Nike tick on then it would be a breach of the TA and this producer would be liable for this breach. The concept of trademark law is straightforward when one is dealing with two autonomous producers; however is the case of there being a breach of trademark protections in the case of parallel importing The first question to ask is what is parallel importing Parallel importing is the situation when goods originate from the same producer or set of manufacturing licensees but are sold and produced in different countries. This may lead to a disparity in price, because in say Eastern European Countries the production and sale is a lot cheaper than that of the producer's counterpart in Western Europe. Therefore one has to consider whether the domestic producer can use trademark protections to stop middlemen from buying products from the cheaper nations and import them to sell in competition against the more expensive domestic producer1. Therefore can Trademark law as Cornish argues can be used to protect trademarks in parallel exportation issues; however with much difficulty in an open market: Any intellectual property right may be used at the frontier of the higher-priced country to close off the entry of goods bought by a parallel importer in the lower-priced country, if those rights extend to the distributor's importation and are not regarded as ""exhausted" by the initial marketing abroad, i.e. by so-called ""international exhaustion". Whether the particular intellectual property law, or some other dictate of commercial policy (such as free movement of goods within the E.U.), calls for international exhaustion is a matter which legislative bodies everywhere find extraordinarily difficult to answer, and it is more often left to courts to arrive at a solution.2 Therefore introducing the question whether allowing their to be importation by a middle man who was correctly sold a product, in a country where a product has a cheaper price that that of the destination country, is in fact a breach of trademark law. This is a very difficult point of law because one could argue that yes it is because it is devaluing the product and its reputation in the country of destination, because the market values is devalued by the importation of a cheaper version of the product.3 Yet, on the other hand, on has to consider whether in fact there is a case of a trademark breach because the sale of the product was correctly done through a legitimate manufacturer of the product. If the product was bought legitimately, i.e. the product was made by an approved plant or licensee, then how could it be a breach of trademark law The following section will consider the case law in this area. In the early case of Colgate Palmolive Ltd v Markwell Finance Ltd [1989] RPC 497 it was successfully proven that parallel imports are in fact a breach of trademark law, because it devalues the product, which breaches trademark law. The way that this case argued that parallel imp

Team Roles and Team Formation Essay Example | Topics and Well Written Essays - 1250 words

Team Roles and Team Formation - Essay Example Some of them are indeed positive while others are negative. The medley of thoughts includes the joy of working together and the fulfillment of a goal achieved and the conflicts, the time consuming discussions and the communication barriers. From the first appearance of man on earth, mankind was working in teams. Through out their lives humankind is in one or other teams. There are football teams, firefighting teams, singing teams, card clubs and political parties. Moreover, we are all born in a family, which is also an example of a team. A team may be called a group people who are dependent on one another to reach a common goal. Now a team should function efficiently to achieve the goal for it has a purpose for its existence. However, research in this field of human behavior is lamentable inadequate: Discouragingly, but not unexpectedly, the research effort seems weakest in those situations where the risks are highest and the tasks are most complex (Schein and Bennis 1965) There are lot of advantages and disadvantages in working in a team. However, the advantages outweigh the disadvantages and by careful use of educational tools, the disadvantages can be mitigated. The most important advantage of teamwork is better outcome from efforts. Teams have shown better adaptability to the changing needs of the market place. They are also more sensitive to the needs of the clients and are better in using changing technology. The teams can give better imputes and there is always a relation between the input and the outcome. In team work there is more involvement of every one and hence more desire to get the job done. Moreover, teamwork enhances the circle of communication and the usual communication hurdles in inter- personal communication is got over in teamwork. The shared information also enhances the opportunity to learn more and the chance to bring together different perspective due to difference between people. Teamwork also derives more satisfaction as pe rsons, as a major portion of our time is spent at our work and our work place might offer the chance to enter into enduring friendship. Working in a team should be like going for ones favorite game. The main disadvantage of teamwork is that it is time consuming. This is all the more so when the team is in being set up, which can lead to too many meetings. It is difficult to time meetings to suit the convenience of all and decision-making can be painfully slow. If the group is made up of individuals who are capable of performing alone, it will require lot of reorientation in their thinking to make themselves suitable for performing in a group. In a group, individuals may skulk work thinking their lack of contribution will not be noticed. In teamwork personality, disorders may surface resulting in conflicts, which can aggravate in resulting in lack of effective performance. Just as groups have their inherent strength, they have also their weaknesses. One of the common dangers in teamwork is formation of exclusive subgroups, which do not fall in line with the mainstream thinking and policy of the group. The greatest danger however is the phenomenon called groupthink, which can nega te innovation. Groupthink is the result of complacency about the past performance and the feeling that the groups can never go wrong. In spite of these, draw back group work has been