Counterfeiting and End-User Liability - Free Essay Example

Sample details Pages: 5 Words: 1597 Downloads: 4 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? Counterfeiting and End-User Liability Counterfeiting case-laws 4. Counterfeiting case-laws 4.1 General introduction Counterfeiting cases keep on mounting everywhere on earth, except those countries that have understood that only by disrupting demand will they be able to deter this illegal trade. No lawsuit has yet been tried against end-purchasers of counterfeits; reason being that those found liable are mostly punished by fines imposed by relevant authorities and they do not really contest their punishment in courts, knowing that they have done an unlawful act. Don’t waste time! Our writers will create an original "Counterfeiting and End-User Liability" essay for you Create order In the following cases, which have been brought mostly against manufacturers, distributors and sellers of fake products, it will be shown how courts still take consumers as victims of counterfeiting. However, a French case will argue that consumers of today do not buy fake items out of confusion and ignorance but are rather willing to choose the imitations. The EBay landmark cases will be discussed as well as two Mauritian cases on the Ralph Lauren dilemma. Non-Mauritian Cases 4.2.1 Definition of counterfeit goods NOKIA CORPORATION v REVENUE CUSTOMS[1] This High Court of Justice case defined à ¢Ã¢â€š ¬Ã…“counterfeit goodsà ¢Ã¢â€š ¬Ã‚  as the bearing of a sort of symbol which is similar or essentially identical to the registered mark and it must be used on products of the same kind as those protected genuine goods. This definition comprises of but is not limited to fakes. It also covers the use of the registered mark on the same type of goods even if the right holder is not utilising the mark on those goods himself. Confusion element R v JOHNSTONE[2] The House of Lords says that confusion is not an ample element to describe a counterfeit product. The genuine products should have been à ¢Ã¢â€š ¬Ã…“photocopiedà ¢Ã¢â€š ¬Ã‚  to such an extent rendering the fake item identical or even undistinguishable from the protected goods. It is only like this that confusion can be created. COLGATEà ¢Ã¢â€š ¬Ã¢â‚¬Å"PALMOLIVE COMPANY v J.M.D. ALLà ¢Ã¢â€š ¬Ã¢â‚¬Å"STAR IMPORT AND EXPORT, INC[3] The United States Court held that marks which are alike to the protected mark but are different by two or more letters cannot be deemed as counterfeit. On the other hand, marks that are identical to the registered mark as it appears in the marketplace have been held to be counterfeit. This case demonstrates that adding or even removing one or more letters from a legitimate brand name cannot be considered as counterfeiting. If this caseà ¢Ã¢â€š ¬Ã¢â€ž ¢s rule is followed in Mauritius, then the use of à ¢Ã¢â€š ¬Ã…“addidasà ¢Ã¢â€š ¬Ã‚  instead of à ¢Ã¢â€š ¬Ã…“adidasà ¢Ã¢â€š ¬Ã‚  on socks for instance would not be an offense. Cour de cassation, Chambre criminelle, 15 mai 2012[4] The present case clearly argues that the seized goods by customs in that case, being glasses, could not cause confusion in the mind of the customer due to its specific differences. The seized goods were viewed as imitations of the famous à ¢Ã¢â€š ¬Ã…“Chanelà ¢Ã¢â€š ¬Ã‚  glasses, but the defendant argued that there was no similarity in terms of quality, texture of the frames and glasses that could lead the consumer less prudent to consider they are in the presence of glasses produced by a great brand. Moreover, the logo used were different in so that the Chanel brand logo consisted of two inverted and crossed-together à ¢Ã¢â€š ¬Ã…“Cà ¢Ã¢â€š ¬Ã‚  whereas the seized glassesà ¢Ã¢â€š ¬Ã¢â€ž ¢ logo was made up of two circles crossed together. The defendant sustained his defense on the fact that the Chanel logo was globally known and identifiable at first glance by the vast majority of consumers; even the most moderately observant cannot ignore the difference between the logos appearing on the brand Chanel sunglasses and the allegedly infringing ones. The French case unmistakably makes it obvious that the seized products could not cause bewilderment in the mind of even the à ¢Ã¢â€š ¬Ã…“less prudentà ¢Ã¢â€š ¬Ã‚  buyer; therefore, if any one would be tempted to buy the seized glasses, it would be in their full knowledge that the product is not the famous Chanel glasses. EBay lawsuits This online-selling platform has been frequently criticised as being an intermediary facilitating the trade in counterfeit items. Many famous brands have seen the number of fake items being sold as originals. The IACC blames eBay for à ¢Ã¢â€š ¬Ã…“turning a blind eyeà ¢Ã¢â€š ¬Ã‚  to the quantity of counterfeiting that occurs on its website, which according to that organization, amounts to 29% of the total number of online counterfeit sales.[5] In the case of Tiffany Inc. v. eBay Inc. [6], a case brought before the United States Court of Appeals for the Second Circuit, Tiffany suspected eBay for violating the Lanham Act and New York state common law by allowing the sale of counterfeit Tiffany items on its platform, and thus profiting from the sales of such items. Nonetheless, Tiffanyà ¢Ã¢â€š ¬Ã¢â€ž ¢s arguments were not well founded enough and the court concluded that eBay did not ignore the infringing activities and tried to prevent the sale of counterfeit items, through its V eRO program and the à ¢Ã¢â€š ¬Ã…“fraud engineà ¢Ã¢â€š ¬Ã‚ . Moreover, no contributory infringement was established, as EBay must have had more than a general knowledge or reason to know that its service is being used to sell counterfeit goods; which was not the case. Nevertheless, the French Court took another standing in the case of à ¢Ã¢â€š ¬Ã…“la sociÃÆ' ©tÃÆ' © Louis Vuitton Malletier (LVM) c. la sociÃÆ' ©tÃÆ' © EBay INC[7]à ¢Ã¢â€š ¬Ã‚  in 2008 and 2010; whereby in its first case, LVM sued eBay inFrancefor the selling of counterfeitperfumesandhandbagson its website and alleged that the American Incorporation had not taken sufficient measures to stop the sale of counterfeit goods. The French Court accused EBay andin 2010, LVM sued EBay again; this time for spoiling the repute of theLouis Vuittontrademark andbrand name.LVM won and received à ¢Ã¢â‚¬Å¡Ã‚ ¬ 200 000as damages.The French tribunal points out that it is the duty of eBay to impose sufficient meas ures to stop illicit products from coming into the market. Commentators have advocated that this discrepancy between French and U.S. reasoning may à ¢Ã¢â€š ¬Ã…“weaken the integrity of the online marketplace.à ¢Ã¢â€š ¬Ã‚ [8] Mauritian à ¢Ã¢â€š ¬Ã‹Å"Ralph Laurenà ¢Ã¢â€š ¬Ã¢â€ž ¢ cases Three cases were heard in 2012 on the counterfeit trading of only one prestigious brand name à ¢Ã¢â€š ¬Ã…“Polo Ralph Laurenà ¢Ã¢â€š ¬Ã‚ . All the lawsuits were brought against sellers and on the case of DOBA V. THE STATE[9], where the appellant was charged and convicted before an inferior for having in his possession without the legitimate permission of the right holder, in the course of trade, a number of shirts bearing the logo of Polo Ralph Lauren. The shirts could not be sold as the trademark, which was for years 1992-1999 had already expired in 2004. Even if the appellant was not the owner of the shop but only the manager and because he had been ordered the appellant to remove the impugned articles exposed for sale. In the case of SOOBIAH A. A. v. THE STATE[10], the appellant was found on the 3rd December 2008 in possession of 359 T-shirts and 74 shirts of different sizes and colours which had been exposed for sale and which were found bearing the counterfeited tradema rk of à ¢Ã¢â€š ¬Ã…“Ralph Laurenà ¢Ã¢â€š ¬Ã‚ . He pleaded guilty to the charge but appealed to the Supreme Court as the fine penalty of Rs. 250 000 was way too excessive to be infringed by a District Magistrate. The penalty was reduced to Rs. 10 000, but not on the above ground but because the amount was found as would be disproportionate in relation to the degree of seriousness of the offence. Soobiahà ¢Ã¢â€š ¬Ã¢â€ž ¢s profession as beach hawker, his clean record, age (60) and the number of goods found in his possession also helped in lessening the appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s sentence. Another case is that of POLO LAUREN CO v MAUDHOO S[11], the plaintiff who was notified by the MRA that the defendant had imported goods bearing the registered trademarks of Polo/Lauren Co., which was a mark exclusively distributed by the appellant. The goods were detained by Customs as ordered by the appellant but the defendant now avers that those 129 goods were bought from USA through the internet, and the appellant could not restrict the buying of originals even if he avers to be the exclusive distributor. The defendant also averred that there was non-use of the marks. Same had not been proved, however and the defendant was found liable as such parallel importation could be permissible only if done with the approval of the owner of the trademark as provided for under section 40(5) of the PIDTA. It should be noted that parallel importations with the consent of the owner are referred to as à ¢Ã¢â€š ¬Ã‹Å"Grey Goodsà ¢Ã¢â€š ¬Ã¢â€ž ¢ and they are different from black market goods which are often counterfeit goods. This case was compared to a European Court case, Mastercigars Direct Limited v Hunters Frankau Limited[12], where 10 consignments of à ¢Ã¢â€š ¬Ã‹Å"Habanosà ¢Ã¢â€š ¬Ã¢â€ž ¢ cigars were alleged to be counterfeit and unlawful parallel importation. The Court of Appeal reversed the decision of the trial judge as there was implied consent on the part of the appe llant to the parallel importation of the cigars. Conclusion Different case laws on counterfeiting were analysed, firstly by understanding of the definition of the word counterfeiting itself, the confusion element which stills finds its ways into the judgesà ¢Ã¢â€š ¬Ã¢â€ž ¢ mind and making them believe that consumers still buy counterfeits thinking they are originals; then some foreign cases were reviewed including those against EBay Inc. and finally the Ralph Lauren problem encountered in Mauritius was explored through case-laws. 1 [1] [2009] EWHC 1903 (Ch) (27 July 2009) [2] [2003] UKHL 28 [UK] [3] 486 F.Supp.2d 286 [4] N ° de pourvoi: 11-86196 [5] IACC Urges U.S. Appeals Court to Hold Ebay Contributorily Liable for Continuing Rampant Internet Sal[e], 2008. [6] 600 F.3d 93 (2d Cir. 2010) [7] ArrÃÆ' ªt n ° 1261 du 7 dÃÆ' ©cembre 2010 (09-16.811) Cour de cassation Chambre commerciale, financiÃÆ' ¨re et ÃÆ' ©conomique [8] Supremes Say: Youre On Your Own à ¢Ã¢â€š ¬Ã¢â‚¬  Analyzing Supreme Courts Decision Not to ReviewTiffany v. eBay, 2010. [9] 2012 SCJ 10 [10] 2012 SCJ 435 [11] 2012 SCJ 494 [12] [2007] EWCA Civ 176

Leadership As A Dynamic Followership And Leadership Role

In the preface of Followership, the author Tom Atchison, states the reason there has to be a dynamic followership and Leadership role it s not that there s a lack of effective leadership in healthcare, it’s that the current, worsening, issues are the moral and the staffing shortages of followers which result in a toxic work environment and the challenges on how followers overcome that while being a productive team. In followership there needs to be a leader that inspires and bonds followers together as a unit moving in one direction. Today’s leader has to be more than someone that was placed in a position of authority, a person with a title and a higher salary level. A real leader is found when the behaviors and attitudes of their†¦show more content†¦Followers create the influence necessary for a leader to have authority. Without it the organization will stagnate. So, what are followers looking for? 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The Development of Route 128 in Boston Free Essays

string(195) " regions I will try to show the different means by which an economic unit can attain success in the information revolution, and point out which strategies are most valuable to long-term success\." In my paper I will show how the development of Route 128 in Boston, Massachusetts started, and how it exists today. Boston has changed throughout the years in its Renewal reform within its planning of the city mainly on route 128 as well as other major routes though out Boston. Boston had many changes made within the neighborhoods, which have, major routes in which effected the people lives as well as their living conditions. We will write a custom essay sample on The Development of Route 128 in Boston or any similar topic only for you Order Now In some cases good in others for the worse. It separated and defined districts in which it no longer keeps the city as a whole. Boston is a set of distinctly different districts and neighborhoods, each with it’s own defining identity and unique characteristics. Boston as a whole, benefit’s from the contributions from each of these areas and it is truly what gives the city it’s charm and unique differences. However, it had no other choice but to confront a major problem in which it had to face. Massachusetts lacked an organized framework within it’s planning of cities and routes. The correlation between these neighborhoods has been an ongoing problem, which are being resolved. Even though Boston is making the changes which they feel are necessary, there are a few cases that are not being updated or corrected, and in many cases it has gotten worse due to the poor layout or problems that have arisen. On the other hand, Boston has many successful neighborhoods that are successful entities, and also hold a strong sense of self identify. But at the present time, there are areas that are inaccessible. This le! ads to a disordered city that can be more enjoyed and appreciated if it had a stronger structure! The characteristic of Boston as a collection of neighborhoods is due to its increase speed in growth from the days of its settlement in 1630. Unlike the many traditional American cities, which are usually based on an orthogonal grid, Boston never had a long-term strategy towards planning. The Boston area did however grow, modified itself, and evolved in a reactionary way as technological advancements came about which affected society as a whole. The original Shawmut peninsula, which at one point contained all of Boston, now only constitutes a fraction of the landmass of the city. A major portion of the city today exists on landfill claimed from the Boston harbor and Charles River. Expansion and development created the need for more land area. The Back Bay, West End, and much of south Boston are examples of this growth. As these areas were created they added to the existing city but they also had their own distinctiveness, which added to the other surrounding towns as well as Boston on a whole. These new created towns, were and are positive in many ways but they were never really integrated into the existing city central mainframe. This lead to! aking Boston a bit more disorganized. Thus, solving some problems, but creating others. Within the past fifty years the construction of the main central city of Boston in the 1950’s and the urban renewal projects beginning in the 1960’s inflated this urban problem. The suburbanization of America within its states and related migration of city inhabitants to border towns created a need for expanded automobile transportation in cities throughout the United States. In reaction to this, major routes and highways were constructed to connect suburban life to the cities. This encouraged more people to move out of the city, but not as far away that they couldn’t maintain their jobs within the main city. Boston had been changing from its historic and original focus as a port city to a city based on business and finance. The routes and central pathway was intended to assist this growth, and make the downtown more accessible. Boston’s West End is one of the most documented neighborhoods destroyed by urban renewal. Around 60% of the families, which were displaced by the urba! n renewal were Hispanic or Blacks. West End was mainly working class Italians. It had narrow streets and had a large amount of social life within it. This situation was viewed as un-American for middle class standards of city planners, which lead it to be demolished around 1959, and was replaced with high rises and expensive apartment buildings. The highway that city planners created lead to growth in and out of the city, and now in the modern era with changes in society, it became a necessity in our modern civilization. The routes circle around Boston (I-128 I-95) and cut though the city (I-90) like a foreign object. Cutting it’s way through Boston, it also broke up the city as a whole, creating boundaries between the cities, the harbor front, north end, and downtown. Boston had created a larger suburb for itself and pulled away from its history of being one of the most highly used water port that have been used for years. What was at one time considered one of the largest ! ports in the country was being abandoned and forgotten about. The mass departure from urban areas throughout the country led to an identity crisis for many urban areas. In response, The Federal Urban Renewal Program was created. Boston was a leader in this movement, and had several projects gain nationwide recognition. The Boston Redevelopment Authority approached the renewal in a way that would ultimately prove detrimental. The B. R. A. designated separate districts for administrative and funding reasons. Each district was dealt with as a separate entity with regards to their individual needs. A good comparison would be Silicon Valley, CA and Route 128, MA, which are considered two of the premiere technological concentrations, not only in the United States, but also in the world. These are regions that since World War II have been devoted to the creation of new information technology. By comparing the two regions I will try to show the different means by which an economic unit can attain success in the information revolution, and point out which strategies are most valuable to long-term success. You read "The Development of Route 128 in Boston" in category "Essay examples" Many people have attributed the success of the Valley primarily to the influence of nearby institutions of higher education, particularly Stanford University. In the 1920’s, administrators at Stanford sought to improve the prestige of their institution by hiring highly respected faculty members from East Coast universities. One important recruit was Fred Terman, an electrical engineer from MIT. Like many of his colleagues, he performed cutting-edge research in electronics. Unlike many other members of the faculty, though, he encouraged his students to sell applications of these new-technologies in the marketplace. By providing funds and equipment, Terman enabled two of his first recruits, David Hewlett and William Packard, to commercialize the audio-oscillator in the late 1930s. After selling their first oscillators to Disney Corporation, they reinvested their earnings and expanded both their products and their range of customers. In 1950, twelve years after its founding, Hewlett-Packard had 200 employees and sold 70 different products with sales over $2 million. It pioneered the formation of a distinctive Silicon Valley management style, treating workers as family members. Numerous workers have sought to duplicate Hewlett-Packard’s management style. In 1954, they accepted an offer by Stanford University to rent part of Stanford Research Park for their operations. This brought together various industries in Palo Alto. Many other firms subsequently rented other plots of land to take advantage of proximity to the university. Stanford Research Park, through the efforts of a few influential professors and university administrators, became the nucleus of the budding Silicon Valley. By the 1980s, the entire park had been rented out to area firms. This rapid rise of technology reflects itself in the organization of Silicon Valley. The people who began or were employed in these new firms considered themselves as technological trailblazers. The residents of this technological society were, a strongly homogenous group: white, male, Stanford or MIT educated engineers who migrated to California from other regions of the country. As modern-day pioneers, they were especially responsive to risky ventures that had the potential for great rewards. As people in the region became occupationally mobile, their roles became interchangeable: employers become employees and co-workers can become competitors. The result is that the engineers developed strong loyalties to technology and their fellow engineers and scientists while possessing far less allegiance to a single firm The traditional delineations between employers and employees were not so sharp as on the East Coast, and in some cases they disappeared entirely. Beginning with Hewlett and Packard, many of the Silicon Valley companies sought a much more interactive environment between employers and employees. Decentralization of powers followed. With respect to its industrial emphasis (electronics), the Route 128 region around Boston presents a study in contrast in terms of its historical development, geography, community life, and degree of interconnectivity between firms. Similar to Silicon Valley, the development of electronics-related companies on the 65-mile highway surrounding Boston and Cambridge in the area’s major research universities was influenced by academia, industry, and government. The professors and graduate students in the universities devote their energies toward a greater understanding of the world around them. The government, particularly federal agencies such as the Department of Defense and the National Science Foundation, provides the financial support for the academicians to test the hypothesis and perform the experiments. The firms would then produce the physical expressions of these ideas for the marketplace. The Massachusetts Institute of Technology, like its counterpart in Palo Alto, has engaged in world class scientific research and has produced some of the best engineers in the country. The Institute has sought to provide the theoretical and practical foundations for its students to make major contributions to society. While doing so, it has engaged in a seemingly endless number of advancements and has tried to reach out to large companies in Massachusetts and outside the state as well as participate in many federal and state-run projects. The Federal government, to a much greater extent in this state than in California, has provided the fuel for the region’s expansion. By the late 1990s, Massachusetts was one of the top five states in terms of federal research resources granted. The Department of Defense itself has accounted for over 60% of federal research and development spending in the state. Consequently, the large firms have profited most. In the 1970s and 80s, Raytheon became one of the most important contractors for the Department of Defense; EGG Inc. has filled several contracts for NASA. Some smaller organizations in this Beltway have been created to solely fill government orders. Organizations ranging from the National Science Foundation (NSF) to the National Aeronautics and Space Administration (NASA) to the Department of Energy (DOE) provided universities and firms millions of dollars for research. Whole new industries have sprung up from these efforts: computers, biotechnology, and artificial intelligence, among others. The third leg of this technological triangle, complementing the universities and government agencies, is industry itself. By 1990, the state contained over 3,000 high-technology firms. Some companies stand as the pillars of the 128 community: Digital Equipment Corporation, Raytheon, and Lotus Development. These companies produced a disproportionate share of the region’s income generation As they grew, so too did the accompanying service firms. The communities in which the high-tech enterprises sprung up, towns such as Burlington, Lexington, and Cambridge have established roots in eastern Massachusetts going back centuries. Companies such as DEC and Lotus Development are in many ways just descendants of other industrial titans that have crowded this area for over 150 years. The structures of Boston society have resulted in relatively stable and conservative hold on certain aspects of its residents’ life. Engineers who have worked on both coasts report a much greater divide between work and play on the East Coast. Entrepreneurs such as Ken Olsen at DEC and An Wang at Wang industries who succeeded did not change their lifestyles in any radical way. Olsen, for example, avoided most social gatherings, remained a teetotaler, lived in a small home, and continued to drive an old Ford to work. He and other area CEOs did not live the same high profile lives in Boston that their counterparts did in Silicon Valley. The lack of role models and less developed informal social contacts may have constrained the amount of new companies that were created in the 1970s and 1980s. The defense industry, hiring practices, and the region’s geography all conspired to reinforce this traditionalism. The volume of military purchases encouraged corporate separateness. The h! iring of management differs substantially from Silicon Valley. In Massachusetts, older individuals, usually wedded to the status-quo, are often selected for executive positions Managers in Silicon Valley, often in their twenties and thirties, are much more likely to experiment with organization. Geography also plays a role. The firms were more spread out around metropolitan Boston than comparable companies in California, lessening the probability of interaction. Communication between company and town is even less prevalent. Many large companies such as DEC have almost no ties to the towns in which they were located. The hierarchies within companies are extremely rigid. The manager created firms with complex and sophisticated organizational patterns that employed individuals to be loyal first and foremost to the company. In return for the loyalty, employees expected that hard work would enable them to stay employed in the firm and rise through the ranks, culminating in retirement with a large pension. Employers are generally wary of hiring an engineer or programmer who has left another firm after only a few years. At the same time, significant status differences exist. The hierarchy of positions and the means of formal communication within the firm, along with the structure of salaries and benefits, developed strong delineation’s within the firm. At DEC, for example, the company centralized many of its prominent functions and a small group of individuals made the decisions, namely Ken Olson (the CEO). The companies attempt to internalize many of their procedures. This vertical integration ! often includes: software design, component, peripheral, and subsystem production, and final assembly. In short, Route 128 firms are much more settled and centralized affairs than the scientists and engineers in northern California. Their histories, attitudes, and strategies have created technological societies similar in products manufactured but very different in their economic and social appearance. With the onset of the computer generation big named companies bought land off of this highway. This lead to an enormous clotting into Route 128, which is considered the edge of Boston (it circles around the main Downtown metropolitan area). Route 128 became a big commodity to the new generation of large computer technology based industries. The highway began to get congested, with the onslaught of new businesses. All these new businesses in turn lead to major traffic jams. Real estate around route 128 increased dramatically, which appealed more to the upper middle class. Large apartment complexes around the area were sequentially created. With the suppression of the new renewals to towns in Boston as well as the downtown city, a lot of opportunities arose to deal with the large amount of issues that had come from linkages between the various neighborhoods within the main city. Each town is being dealt with, but with respect to it’s own uniqueness, and it’s contribution toward making Boston more unified within. Despite the rapid growth of the towns around route 128, it hit a point where the business industry came to a standstill in the 90’s. Things that lead to this sudden halt, was due to the region from northern Rhode Island to southern New Hampshire, which ran out of space for expansional development that maintained and held up the large boom for this hot area.. Existing companies couldn’t expand more, which meant less jobs were being offered to the large amounts of people migrating for jobs from these companies. As the companies grew with time, there became higher demand for their products. Another factor to! the standstill in business expansion was due to other large companies which where not based around Route 128 (such as Compaq in Houston, Texas, and Microsoft in Seattle) which made huge profits and revenue. This distant competition drew attention away from the â€Å"hub†. By the end of the 20th Century, Boston was at maximum capacity and could not lend itself anymore to expansion. Route 128 was one of the first beltways built in America. Its ten-mile radius circles the Boston area in an arc shape. Close by is route I-495 that is goes from Rhode Island and ends closely to the beginning of New Hampshire. Both the belts have many intersections throughout it’s span that lead from downtown Boston and into the heart of the states which boarders around. With all the intersections that go through these routes a high capacity of people can access these major belts. This was the reason for the success and decline of â€Å"The Hub†. The smaller stores and companies such as the food industry, benefited from the large companies due to its high employee population servicing the smaller businesses. With the success of Route 128, some towns have grown out of the heavily used belts like Quincy-Braintree. Since the companies couldn’t build anymore on the belt, they moved some of their departments a bit further from the main headquarters, to areas which are easily assessable from many other routes and connectors in the Boston area. This cut down on the flow of drivers into the highly packed corporate beltway area, which alleviated more congestion, and it made everyone a bit less stressed. Going along I-128 towards the west, brings us to the Mass. Pike. This connection is one good reason that I-128 became the â€Å"technology road†, because it connected to other states as well as the rest of Boston. Mass Pike is the oldest beltway in the Boston area.. Going up Northwest on the beltway is where route 128 intersects and meets route 3 and I-93. This area is one of the most congested of any part of the Boston area. This area is the center of the Lahey Medical Center as well as the Bu! rlington Mall. The Peabody and Danvers area, which is also on the Northwest part of I-128, is where I-95 resumes its route to Maine. Since it’s low-point in the mid-1990s, when several big companies severed or trimmed their ties to the area, Route128 has returned to prominence as one of the nation’s premier high-tech zones. And the rejuvenation hasn’t been limited to just this highway that loops around Boston, but has expanded to other parts of the metro area as well. Unfortunately since planning is never predictable what could have been more of a commodity Route 128 became exploited and overdone. What recourses that could have been attained such as location, convenience and easy access to suburbs; Route 128 became a city within itself and lost the suburban idealism which was originally sought after. Even though it was seemingly sufficient in space Route 128 has exceeded its limitations. This proves to be a learning experience in that Route 128 although successful in most of its purposes was a failure when it lost its ideals of functioning as a suburb. How to cite The Development of Route 128 in Boston, Essay examples

Foundation of Management Industrial Revolution

Question: Discuss about theFoundation of Management for Industrial Revolution. Answer: Introduction: The present history of management can be dated back to the industrial revolution which took place in the 1850s especially in Europe. Capital, multifaceted machines, and products were developed during the industrial revolution. Due to this invention, a problem came about. The main challenge was the management and co-ordination of these complex resources. The result is that management began, the scientific management in 1880-1930. During this period, engineers educated the universe industrial management, largely known as production running. Several theories on how management came to trace their origins from diverse principles over time.one such theory is the theory of the jungle, this theory claims that management occurred naturally by chance (Koontz, 1961). Foundation of management refers to the strategies put in place by a manager to enable him/her advance down a path of fruitful management, (Conklin, 2016). There is only one known best way of succeeding as a manager, this is by setting an outline using managerial functions which focuses on planning and making decisions, leading, organizing and controlling. (Foundations of management, 2016). The footing in management lie in a context of a dim realization slowly but practically inexorably undermining the base of some customary cliff of instinctual practice. In the modern world today, management is constantly proving to be dynamic, for instance, management nowadays relies on the word which is disseminated through print. Generally, writing facilitates the development of intellectual thinking and the linear reasoning essential for the logical framing of specific events into purposeful meanings. (Mele, 2014). Living things, in our case, human beings tend to have a tendency of increasing our thermodynamic endeavors, that is, the capacity and capability of trapping and utilizing such energy to enable one to raise their existing levels from lower to relatively higher forms. This is what makes one feel a sense of superiority above others. (Joullie, 2016). Evolution is a process which is more or less random. Human beings evolved not physically but by progress in our frame of mind and by growing our capacity to store knowledge. Thus, the nurtured impulse to inflict some logical order, and reason on our flux of experience ,provides the clues to the development of problem-solving positioning that we have over time come to know as management practices. Management roots, its foundations to three major events in history, the discovery of writing, which came about some three thousand years back together with alphabetization, and the growth in printed word in the fifteenth century. These three discoveries changed the human history in that they developed the necessary sense ratios, making visual knowledge dominate over all senses. Such intelligent pre-deposition has fundamentally shaped present attitude towards management and its practices. It has imparted a sense of readiness amongst those entrusted with management duties, (Tadeusz, 2014). It is argued that failure to take account of historical events and their special effects on the present modes of thinking, the foundation doctrines of management cannot be totally appreciated. The species homo has existed for around two million but yet developed properly into sapiens around 100 years ago. Civilization makes up a very small percentage compared to the much wider length of human evolution. During this early civilization period, little or rather no systems of reference to speak, existed hence no systematic way of organizing the effort. The human brain despite its erratic memory, was the only apparatus available to help in knowing, recording, referring and solving problems. With time and challenges, the human b eing was able to develop language and systems used for representation which proved to be convenient. Regardless of the type of business or field of expertise, all executives share mutual grounds. While conducting their daily tasks, managers are governed by the four basic principles or foundations of management. These are planning, organizing, directing and controlling (Magdalena, 2013). Planning Being the manager at your place of work or not, whether it is related to the work you do or not, everyone has planned before. It can be as simple as determining tomorrows schedule, what time to wake up or even how to get to work and the task to be accomplished once you get to work. Planning involves the process of setting objectives and determining the right course of action to help achieve the set objectives. (Commons, 2010). It requires that the management is cognizant of the environmental factors facing their institutions and be able to predict on the future situations. It is a process starting with scanning the environment, meaning that planners should be aware of the critical eventualities their organizations are exposed to in terms of competition, customers and economic conditions. The planners (managers), must then try to project on the future situations. The management must create the objectives, which are the set targets to be achieved and when these targets are to be achiev ed. (Mele et al, 2014). This will be followed by an evaluation of a suitable course of action to achieve the set objectives. Necessary steps should be formulated to ensure plans are implemented effectively. Different types of planning are conducted by the management, these include strategic planning, involving analyzing competitive strategies and threats as well as a SWOT analysis. The strategic plan has a long-term setting covering three or more years. The management formulates objectives, taking into account the mission of the organization. Another type of planning involves tactical planning, it mainly focuses on one to three years. It is designed to develop means to implement the organization's strategic plan. This task is normally left to the managers at the middle level of the organization. Operational planning adopts the presence of society-wide aims and intentions, specifying how or methods to realizing the goals. It takes a short range normally not exceeding a year and is in tended to cultivate definite action stages that back planned and tactical plans. Organizing This is a role of the board involving the development of organizational structures while allocating human resources in order to ensure that the company accomplishes its objectives (Fuller, 2012). The organization's structure provides the framework for co-coordinating the efforts. This particular structure is in the form of a diagram providing a graphical depiction of the organization's management structure. Organizing similarly comprises designing of distinct works in the business. Resolutions and duties are prepared regarding the individual tasks at hand. Organizing regarding a specific work encompasses how paramount to scheme specific jobs to utilize human labor efficiently (Miller et al, 2013). Customarily, job design was centered on the doctrines of the division of work and specialization. However, understanding has shown that it is now possible for work to become narrow and specialized. Recently, businesses have tried to establish an equilibrium concerning the need for employee specialization and the necessity for employees to devise professions that involve diversity and anatomy. Numerous jobs today are planned to center on job enrichment, enablement, and coordination. (Rudani, 2013). Leading Leading refers to the societal and informal basis of stimulus which a manager practices to motivate achievement taken by the employees. Effective bosses who are virtuous in leadership, ensure that their juniors remain passionate about exercising effort to attain the overall goals of the organization. (Han, 2013). Behavior science has made numerous assistances to this understanding. For instance, studies have revealed that for one to lead effectively, he/she must be able to understand their juniors personalities, ethics, insolences, and sentiments.as a leader, you are looked upon to provide routes to the lower level managers and junior staff so that everyone is aware of their duties to be performed, and are prepared to carry out theses duties professionally and successfully. Controlling Controlling is a process meant to warrant that performance does not deviate from the set criteria. Controlling mainly comprises of three steps, namely the establishment of the performance standards, the comparison between the real performance alongside criteria and taking remedial actions when the need arises. Performance criteria are stated in financial values such as statement, sales reports, consumer satisfaction and official performance appraisals. Controlling, in this case, should not be mistaken with behavior and devious senses, this role does not necessitate that administrators endeavor to have control or influence the personalities, emotions, and approaches of their juniors. This task encompasses the supervisions part in taking the essential measure to guarantee that the labor related tasks remain consistent and are contributing towards accomplishing the organizations and the departmental goals. (Magdalena, 2013). To control effectively requires that appropriate plans be put in place. This is due to the fact that it is only through proper planning that you are able to adhere to the necessary standards and objectives. (Modern, 2016). It also necessitates a much richer taking into account where obligation for unorthodoxies from criteria lies. The two common, customary control methods are economical and performance auditing. Auditing encompasses examining and verifying registers and supporting booklets. A budget inspection is aimed at providing evidence regarding where the institution is, taking into account what was prearranged and planned for. Performance assessment, on the other hand, aims at determining whether the numbers reported mirror the real performance of the business. Controlling is constantly thought of in terms of fiscal criteria, it should be noted that management need also to control manufacture and procedures, practices for the provision of facilities, agreement with enterprise guidelines and added events in the business. (Lopez, 2014). In conclusion, it is no longer a furtive that work around the globe continues to be dynamic. Studies have shown that specific and team performances achieve desired results. Todays management comprises of a unified and extremely functional lineup. The effort is being made to make the foundations of management more meaningful and understandable, this is through integration and alignment of different persons with intellectual minds. Through this approach, new and old management philosophies will not conflict in any way or substitute each other rather all management approaches will co-exist and complement each other (Willcocks, 2013). References Anthony, P., 1986.The Foundation of Management(Vol. 324). Routledge Kegan Paul. Admin, N. (2016)Foundations of management - NMA. Available at: https://nma1.org/foundations-of-management-course/ (Accessed: 8 September 2016). Commons, C. (2010)1.4 Planning, Organizing, Leading, and Controlling. Available at: https://2012books.lardbucket.org/books/management-principles-v1.1/s05-04-planning-organizing-leading-an.html (Accessed: 8 September 2016). Conklin (2016). The Foundation of Management. Available at: https://www.conklindd.com/t-thefoundationofmanagement.aspx (Accessed: 8 September 2016). Fuller, S., 2012.Knowledge Management Foundations. Routledge. Harrison, J.S. and John, C.H.S., 2013.Foundations in Strategic Management. Cengage Learning. Joulli, J.-E., Gulf, 1, Science and Technology, K. (2016) The philosophical foundations of management thought,Academy of Management Learning Education, 15(1), pp. 157179. Doi: 10.5465/amle.2012.0393. Lopez, J.A.P., 2014.Foundations of management. Ediciones Rialp. Mel, D. and Canton, C.G. (2014)Human Foundations of Management. Springer Nature. Morden, T., 2016.Principles of strategic management. Routledge. Rudani, R.B., 2013.Principles of Management. Tata McGraw-Hill Education. Willcocks, L., 2013. Global Business Management Foundations.