What Purposes do IPRs and Standards Serve - Free Essay Example

Sample details Pages: 4 Words: 1311 Downloads: 7 Date added: 2017/06/26 Category Law Essay Type Compare and contrast essay Did you like this example? à ¢Ã¢â€š ¬Ã…“IPRs and Standards serve different purposes: IPRs are destined for private exclusive use, Standards are intended for public, collective useà ¢Ã¢â€š ¬Ã‚ . Institute (ETSI) IPR Special Committee With the proliferation of network economy, a common design for the products or technology that can be used universally takes a front seat. Standardization does exactly the same. Don’t waste time! Our writers will create an original "What Purposes do IPRs and Standards Serve?" essay for you Create order A standard can be defined as a set of technical specifications which seeks to provide a common design for a product or process[1]. Standards improve compatibility and quality of products and services in the market. In the economic market, the consumers prefer to choose a product that is compatible with other services, hence inter-operatability is the key for the interplay between various technologies and that is achieved through the help of standards. Standards influence almost every facet of our lives. Standards are pervasive[2]. We could exchange emails, talk over phones, use a socket plug etc all give an ample support to the interface standards, allowing compatibility between products made by different manufacturers. The requirement of standards is not state-of-the-art concept. Carl Shapiro gives an example of the benefits of standardization narrating a Baltimore incident: à ¢Ã¢â€š ¬Ã…“during the great Baltimore fire of 1904, fire fighters called in from neighboring cities w ere unable to fight the blaze effectively because their hoses would not fit the Baltimore hydrants. The following year, national standards for fire hoses were adopted[3].From the governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s outlook, standardization is seen as an instrument that backs varied national public policies, such as public health policy, industry policy and trade policy. In reference to consumers, interoperability helps in better use of a product and gives various options to choose from that results in competition and hence, low prices. The need for developing the standards makes crucial for various firms to get together to develop and promote a standard and also to make products that are compatible with such standard. More often than not, these standards incorporate a technology that is covered by one or two patents. Thus standard setting organizations faced with a situation where companies claim to own proprietary rights over that standard[4]. This restricts the industry to adopt a st andard without the permission from patent holder. Thus, if patent holders enforce their rights in such a way that hamper the widest use of standards, some antagonism between the two systems may arise. This is precisely the coverage of my paper. It is to be seen that common thread runs through patents and standards. If the best patented technology is used in standards for the widest use of public at reasonable cost, then they both serve certain common objectives insofar as they both encourage or support innovation as well as the diffusion of technology. However, all is not well between standards and patents. The use of patented technology in industry standards has drawn a meaningful attention. There is an inherent conflict between the two and it has become a contentious topic for the standard setting organizations, consumers and patent holders to now create a balance between the two. This particular tension comes to the surface when the technology used by the standard is covere d by one or more patents. Indeed, on the one hand, the objective of a standard setting organization (SSO), which in many cases consists of companies interested in the development of the technology in question, is to establish standardized technology that can be used as widely as possible in the market. On the other hand, patent owners in the relevant area may have an interest in the adoption, in the standard, of their own patented technology in order to benefit, at a later stage, from royalties. This raises important questions for companies that own such protected technology, for individuals and companies involved in the standards-setting process as well as for all those enterprises which will then use or adopt the standard for their products or processes. Obviously, it would not be very productive to adopt a standard if an IPR holder can block the implementation of that standard by either refusing to grant a license or requiring such high royalties as to make it impossible for i ts dissemination. This is because patent holders have a bargaining chip to attract additional market-power during and after the process of standardization (through deceptive means or otherwise). Such market power can be used to charge unreasonable royalties for standards-essential patents from those who have implemented the standard in their products leading to lock-in[5]. The above perceived problem is important to be resolved and it is necessary to strike a proper balance between: the rights of the patent owner (licensor) to enjoy the full benefits of the patent, the rights of third parties (licensees) to make and sell standard-compliant products, as well as the public interest not to lock users into specific technology platforms, while recognizing that in daily life society benefits enormously from the advanced technology that standards can bring. In order to mitigate the risks posed by such conflict, Standards-setting bodies come up with their own patent policies that help in smooth and wide dissemination of technologies. SSOà ¢Ã¢â€š ¬Ã¢â€ž ¢s require the parties taking part in standard setting to disclose the information regarding relevant patents and patent applications and it compels its Members to resort to license their essential patents on reasonable and non-discriminatory (RAND) terms thus ensuring access to essential patents so that the standard is not blocked, but can be implemented in a commercially viable manner by all interested parties, including new entrants. However, there is growing concern in the market whether the standard-setting bodiesà ¢Ã¢â€š ¬Ã¢â€ž ¢ IPR regimes can be potent enough to relieve that tension in the case of an unwilling à ¢Ã¢â€š ¬Ã¢â‚¬Å" or indeed an unreasonable à ¢Ã¢â€š ¬Ã¢â‚¬Å" licensor (or licensee). In any case, they cannot address the situation of patent owners who are not st andard body members. This paper is thus an attempt to provide some insights on how patent is treated when standard is set, it illuminates upon the conflict between patent and standards and is centered on the following research questions: What is the conceptual relationship between standards and patents: complementary or conflict? How patent policies provided by SSO have failed to solve the dispute between patents and standards? OBJECTIVE: The paper will provide an overview of the current debate between patent and standards and will bring out the nature of conflict between the two, examining the current SSOà ¢Ã¢â€š ¬Ã¢â€ž ¢s policies in resolving the conflict. RESEARCH METHODOLOGY: The researcher has examined various online sources to understand the conflict between patents and standards. The researcher has used the doctrinal method of research using various books, articles available in the Justice T.P.S. Chawla Law Library. Further, web based resources have also contributed to the project; including some law based databases and general search engines. [1] See Herbert Hovenkamp, Mark D. Janis Mark Lemley, IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, (2003-04) at 35.1. [2] See Janice M. Mueller, Patent Misuse through the capture of Industry Standards, Berkeley Technology Law Journal, Vol. 17, p. 623, 2002, available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1346546, last accessed on 8th January 2014. [3] Carl Shapiro, Setting Compatibility Standards: Cooperation or Collusion? Available at https://faculty.haas.berkeley.edu/shapiro/standards.pdf , last accessed on 8th January 2014. [4] Mark R. Patterson, in his article asserts that patented invention and standards are two different things. Patentee is not allowed to get revenues out of the interoperatability of standards. Patentee is allowed to get revenues only for the invention that is used in the standard, available at https://www.law.berkeley.edu/journals/btlj/articles/vol17/PATTERSON.pdf , last accessed on 8th January 2014. [5] Mark Lemley and Carl Shapiro (2007), discusses how a threat to an injunction enhances the patent holders negotiating power when the patented technology is used in standards leading to royalty stacking and patent hold up, available at https://faculty.haas.berkeley.edu/shapiro/stacking.pdf , last accessed on 8th January 2013.

Kindergarten Vocabulary A Literature Review - 1488 Words

Kindergarten Vocabulary: A Literature Review of Effective Instruction Introduction When students enter into the kindergarten classroom, they are greeted with a plethora of new knowledge that they may have previously not had exposure, such as phonics, phonemic awareness, fluency, comprehension, and vocabulary. Within these, vocabulary is often a major struggle for many children in kindergarten. Young children are often exposed to vocabulary through conversations, but not in a manner of teaching it explicitly. Through this literature review it was my goal as a researcher to find primary studies that focused on high quality instruction in the field of emergent vocabulary, especially in the kindergarten classroom. This topic came into fruition through wanting to understand literacy practices in kindergarten classrooms, since the implementation of Common Core State Standards. I began the research through developing a list of key words and terms that were relevant to my chosen topic of kindergarten vocabulary instruction. These terms included, but were not limited to ki ndergarten vocabulary instruction, effective vocabulary instruction, vocabulary instruction, and kindergarten classroom practices. Using Eagle search, Education Full Text, and Google Scholar I was able to find four pertinent studies using the key term â€Å"kindergarten vocabulary instruction†. After reading the abstracts of these four studies, I changed the key terms and searched emergent vocabulary instruction,Show MoreRelatedChapter Two : Review Of Literature1584 Words   |  7 Pages â€Æ'Chapter Two: Review of Literature Teachers in the United States are facing a new challenge. According to Capps (2007), at the time of the 2000 census, there were 3 million foreign born children in the United States and one fifth of the students in public schools were children of immigrants. This trend is expected to continue and even increase. In 2004, approximately 11% of the student population was identified as English language learners. This is a 60% increase from 1994 (Conger, 2008). ImmigrationRead MoreAn Increase Of English Language Learners Essay857 Words   |  4 Pageswhich was the first of its kind longitudinally, two English learning approaches for Spanish-speaking students are compared: Transitional Bilingual Education (TBE) and Structured English Immersion (SEI). A review of the literature The research shows that at the end of the year in kindergarten and first grade the ELL students in the SEI program scored significantly higher in English reading assessments compared to the students in the TBE class. By fourth grade, all students in both programs wereRead MoreLiteracy Core Reading Program Evaluation And Analysis1545 Words   |  7 PagesStrategies, LLC Grade-Level: Pre-Kindergarten Theoretical Foundation â€Å"Creative curriculum uses exploration and discovery, as a way of learning.† (learningstrategies.com) The curriculum is intended to help students become more confident learners, who are not only creative, but also learners who have developed lifelong critical thinking skills. Creative curriculum has 38 research-based objectives, which are aligned with Early Childhood Standards of Quality for Pre-kindergarten for the State of MichiganRead MoreDeveloping A Classroom With English Language Learners1564 Words   |  7 PagesIntroduction Working in a classroom with English Language Learners can be a great learning experience for those going to school to become teachers. Something that I was curious about in the kindergarten classroom that I am in, is how the ELL student’s in the class could learn different educational skills in a way that would be beneficial to them. What are the different strategies that teachers can use with ELL students to make them better learners? Through my question, my hope is to find out differentRead MoreThe Black White Achievement Gap1462 Words   |  6 Pagesis an important part of vocabulary acquisition. According to Harmon (1998) directly teaching vocabulary can assist with reading comprehension when students are taught to integrate new words with their prior knowledge. This strategy was chosen due to the success seen with English Language Learners (ELL) who are explicitly taught academic vocabulary. ELL students have shown significant gains on standardized tests due to the use of this strategy. Review of Related Literature The achievement gap isRead MoreThe Relationship Between Literacy Achievement And Social Communication Essay1686 Words   |  7 Pages The Relationship Between Literacy Achievement and Social Communication: A Review of the Literature Capstone Research Paper SLP 6070 Research Methods Nova Southeastern University July 24th, 2016 Priya Singh â€Æ' Abstract Schools are social environments in which students learn through collaboration with their teachers and peers (Zins, Bloodworm, Weissberg, Wallberg, 2003). From a preschool to high school, students are forced to collaborate to lead to the sharing of resources and ideasRead MoreThe Importance Of Early Vocabulary For Literacy Achievement953 Words   |  4 PagesThis paper is a review of the article entitled, â€Å"The Importance of Early Vocabulary for Literacy Achievement in High Poverty Schools.† The article was co-written by Lowry Hemphill of Wheelock College and Terrence Tivnan of the Harvard Graduate School of Education. The article was published by the Journal of Education for Students Placed at Risk in 2008. The author’s objective was to gather data supporting the correlation between early literacy vocabulary skills and literacy achievement in studentsRead MoreDevelopment Of New Qris Systems1502 Words   |  7 Pages A much more extensive literature was found for state QRIS systems. In addition to empirical articles on the topic, multiple reviews have been conducted examining the validation of QRIS in an effort to inform the development of new QRIS systems being implemented in other states (Karoly, 2014). Given our focus on relating QRIS to other measures of quality and children’s outcomes, our final sample included 16 articles. The following will present the results of those studies as they relate to threeRead MoreEssay about Literature review:Reading Comprehension1134 Words   |  5 PagesSchools, n. d.) A review of the literature in the area of reading comprehension of elementary-age students shows two principle areas of focus. There is a body of literature that examines the development of proficient vs. struggling comprehenders and another body of literature that compares methodologies for teaching reading comprehension. How can what we know about the development of readers inform reading comprehension instruction? Reading instruction typically starts in kindergarten with the alphabeticRead MoreStudent Comprehension Through Vocabulary : An Action Research Project1533 Words   |  7 Pagesâ€Å"Vibrant Vocabulary† Increaseing Student Comprehension through Vocabulary An Action Research Project By: Nicole Grummert Crete Public Schools Fall Semester 2015 Research Methods, EDU 603, 604 Doane College Dr. Marilyn Johnson-Farr Table of Contents Permission Letter to Administration Permission Letter to Parents/Guardians Introduction Context of Study Purpose of Study Significance of the Study Personal Relevance Primary Questions Guiding Questions Literature Review Research

Deception Point Page 28 Free Essays

Should I consult Sexton? She quickly decided against it. He was in a meeting. Besides, if she told him about this e-mail, she’d have to tell him about the others. We will write a custom essay sample on Deception Point Page 28 or any similar topic only for you Order Now She decided her informant’s offer to meet in public in broad daylight must be to make Gabrielle feel safe. After all, this person had done nothing but help her for the last two weeks. He or she was obviously a friend. Reading the e-mail one last time, Gabrielle checked the clock. She had an hour. 30 The NASA administrator was feeling less edgy now that the meteorite was successfully out of the ice. Everything is falling into place, he told himself as he headed across the dome to the work area of Michael Tolland. Nothing can stop us now. â€Å"How’s it coming?† Ekstrom asked, striding up behind the television scientist. Tolland glanced up from his computer, looking tired but enthusiastic. â€Å"Editing is almost done. I’m just overlaying some of the extraction footage your people shot. Should be done momentarily.† â€Å"Good.† The President had asked Ekstrom to upload Tolland’s documentary to the White House as soon as possible. Although Ekstrom had been cynical about the President’s desire to use Michael Tolland on this project, seeing the rough cuts of Tolland’s documentary had changed Ekstrom’s mind. The television star’s spirited narrative, combined with his interviews of the civilian scientists, had been brilliantly fused into a thrilling and comprehensible fifteen minutes of scientific programming. Tolland had achieved effortlessly what NASA so often failed to do-describe a scientific discovery at the level of the average American intellect without being patronizing. â€Å"When you’re done editing,† Ekstrom said, â€Å"bring the finished product over to the press area. I’ll have someone upload a digital copy to the White House.† â€Å"Yes, sir.† Tolland went back to work. Ekstrom moved on. When he arrived at the north wall, he was encouraged to find the habisphere’s â€Å"press area† had come together nicely. A large blue carpet had been rolled out on the ice. Centered on the rug sat a long symposium table with several microphones, a NASA drape, and an enormous American flag as a backdrop. To complete the visual drama, the meteorite had been transported on a palette sled to its position of honor, directly in front of the symposium table. Ekstrom was pleased to see the mood in the press area was one of celebration. Much of his staff was now crowded around the meteorite, holding their hands out over its still-warm mass like campers around a campfire. Ekstrom decided that this was the moment. He walked over to several cardboard boxes sitting on the ice behind the press area. He’d had the boxes flown in from Greenland this morning. â€Å"Drinks are on me!† he yelled, handing out cans of beer to his cavorting staff. â€Å"Hey, boss!† someone yelled. â€Å"Thanks! It’s even cold!† Ekstrom gave a rare smile. â€Å"I’ve been keeping it on ice.† Everyone laughed. â€Å"Wait a minute!† someone else yelled, scowling good-naturedly at his can. â€Å"This stuff’s Canadian! Where’s your patriotism?† â€Å"We’re on a budget, here, folks. Cheapest stuff I could find.† More laughter. â€Å"Attention shoppers,† one of the NASA television crew yelled into a megaphone. â€Å"We’re about to switch to media lighting. You may experience temporary blindness.† â€Å"And no kissing in the dark,† someone yelled. â€Å"This is a family program!† Ekstrom chuckled, enjoying the raillery as his crew made final adjustments to the spotlights and accent lighting. â€Å"Switching to media lighting in five, four, three, two†¦ â€Å" The dome’s interior dimmed rapidly as the halogen lamps shut down. Within seconds, all the lights were off. An impenetrable darkness engulfed the dome. Someone let out a mock scream. â€Å"Who pinched my ass?† someone yelled, laughing. The blackness lasted only a moment before it was pierced by the intense glare of media spotlights. Everyone squinted. The transformation was now complete; the north quadrant of the NASA habisphere had become a television studio. The remainder of the dome now looked like a gaping barn at night. The only light in the other sections was the muted reflection of the media lights reflecting off the arched ceiling and throwing long shadows across the now deserted work stations. Ekstrom stepped back into the shadows, gratified to see his team carousing around the illuminated meteorite. He felt like a father at Christmas, watching his kids enjoy themselves around the tree. God knows they deserve it, Ekstrom thought, never suspecting what calamity lay ahead. 31 The weather was changing. Like a mournful harbinger of impending conflict, the katabatic wind let out a plaintive howl and gusted hard against the Delta Force’s shelter. Delta-One finished battening down the storm coverings and went back inside to his two partners. They’d been through this before. It would soon pass. Delta-Two was staring at the live video feed from the microbot. â€Å"You better look at this,† he said. Delta-One came over. The inside of the habisphere was in total darkness except for the bright lighting on the north side of the dome near the stage. The remainder of the habisphere appeared only as a dim outline. â€Å"It’s nothing,† he said. â€Å"They’re just testing their television lighting for tonight.† â€Å"The lighting’s not the problem.† Delta-Two pointed to the dark blob in the middle of the ice-the water-filled hole from which the meteorite had been extracted. â€Å"That’s the problem.† Delta-One looked at the hole. It was still surrounded by pylons, and the surface of the water appeared calm. â€Å"I don’t see anything.† â€Å"Look again.† He maneuvered the joystick, spiraling the microbot down toward the surface of the hole. As Delta-One studied the darkened pool of melted water more closely, he saw something that caused him to recoil in shock. â€Å"What the†¦?† Delta-Three came over and looked. He too looked stunned. â€Å"My God. Is that the extraction pit? Is the water supposed to be doing that?† â€Å"No,† Delta-One said. â€Å"It sure as hell isn’t.† 32 Although Rachel Sexton was currently sitting inside a large metal box situated three thousand miles from Washington, D.C., she felt the same pressure as if she’d been summoned to the White House. The videophone monitor before her displayed a crystal clear image of President Zach Herney seated in the White House communications room before the presidential seal. The digital audio connection was flawless, and with the exception of an almost imperceptible delay, the man could have been in the next room. Their conversation was upbeat and direct. The President seemed pleased, though not at all surprised, by Rachel’s favorable assessment of NASA’s find and of his choice to use Michael Tolland’s captivating persona as a spokesman. The President’s mood was good-natured and jocular. â€Å"As I’m sure you will agree,† Herney said, his voice growing more serious now, â€Å"in a perfect world, the ramifications of this discovery would be purely scientific in nature.† He paused, leaning forward, his face filling the screen. â€Å"Unfortunately, we don’t live in a perfect world, and this NASA triumph is going to be a political football the moment I announce it.† â€Å"Considering the conclusive proof and who you’ve recruited for endorsements, I can’t imagine how the public or any of your opposition will be able to do anything other than accept this discovery as confirmed fact.† Herney gave an almost sad chuckle. â€Å"My political opponents will believe what they see, Rachel. My concerns are that they won’t like what they see.† How to cite Deception Point Page 28, Essay examples

Oskar Schindlers metamorposis Essay Example For Students

Oskar Schindlers metamorposis Essay In the film Schindlers List, Oskar Schindler undergoes a dramatic metamorphosis. Discuss. The film Schindlers List depicts the transformation of its main protagonist, Oskar Schindler, from an opportunist war profiteer to the saviour of over one thousand Jews. He is originally depicted as a womanizer and a Nazi sympathizer, however he becomes an accidental saviour through his plan to utilize Jewish workers for his own gain. His metamorphosis is triggered by the exposure to atrocities committed by Nazis. Schindler becomes a genuine saviour motivated purely by saving as many lives as he can. His compilation of the list and eventual support of the Schindler Jews in Brinnlitz is evidence of his pure humanitarianism and transformationIn the beginning of Schindlers List, Schindler is portrayed as suave, opportunistic, manipulator whose main motivation is to profit in any way he can from the war. In the first five scenes we see (through the clever use of camera angle) Schindlers assessment o f Nazi officers. He uses money to bribe waiters and changes from an unknown observer of the party to the life of the party. He is able to use social engineering to buy items from the black market, keep Stern from being sent to a camp and also to manipulate Nazi officers into approving his Jewish slavery-based company. He is a womanizer, and enjoys the fine thinks in life. In a discussion with his wife he says, I want to do something extraordinary. He considers this to be coming to Poland with no money and leaving as a rich man. He does indeed accomplish something extraordinary, however it is not what he initially imagines it to be. Schindlers enamel factory, while only a place for Jews to work, creates a safe haven for its Jewish workers, and this only results in Schindler becoming an accidental hero. Schindler is still motivated by money; he hires cheap Jewish labour, which means more money for him. Being an opportunist, the war is in favour of him, as he is only interested in the money. Whilst there is perhaps evidence of a slow transformation occurring, Schindler is still unwilling to take responsibility of the good he has done for the Jews in his factory, like hiring the one armed worker. When Schindler saves Stern from going to a death camp he indicates that it is purely for his own benefit as mentioned with now what would I do without you. When a young girl comes to ask Schindler to take her parents on, Schindler is outraged that his factory is seen as a haven for Jews. However, he does eventually take the parents in, which indicates that a metamorphosis is perhaps taking place. It could be argued that the catalyst of metamorphosis from a materialistic war profiteer to a true humanitarian is his witnessing of the atrocities perpetuated by the Nazi Party. In the liquidation scene, the little girl in red coat is symbolic of Schindlers realisation of the atrocities taking place all around him. She represents the innocent and the suffering of all her people. Schindlers construction of the list demonstrates his change from being a self-confessed criminal to his feelings of regret for not doing more to help the Jewish cause. He is acknowledging that he has played a part in securing some of the lives of the Jewish people through his list. The end of the film sees the end result of Oscars transformation. He changes from a money-hungry war criminal to a humanitarian hero through his realisation of the impact that the war had on him and all those around him. He tells himself that he could have saved more lives, and this completes his metamorphosis from a person who wants material goods to a person who acknowledges that he could have done more to help others. His dramatic metamorphosis is needed to progress to his realisation that he had saved lives, and could have saved more.