Intellectual Property Law Essay Example | Topics and Well Written Essays - 3000 words

Intellectual Property Law - Essay Example He is just as responsible as the Ph.D. student for having come up with a cure for the common cold. However, there are some things that Trevor might want to consider before applying his name to the patent. Coming from a relatively unknown Ph.D. student, this â€Å"cure for the common cold† could have major consequences (good and/or bad). The good consequences that could happen is that the cure for the common cold could be a huge success and garner both Trevor and the Ph.D. student international acclaim—since this would be such a huge discovery. On the other hand, there have been no clinical trials on the medication/drug. If something were to go wrong with the drug being used by actual people, Trevor could also be liable for damages claimed against him if he were to be named in a lawsuit which could prove the drug was faulty. Thus, whether Trevor puts his name on the drug discovery patent or not may have a lot to do with liability, as shall be seen in the future. In the s ubsequent follow-up question, we will speak more about this thread or line of thought as well. Trevor has to think in terms of dollar signs as well—or, in his case, Euros. This is because trial medications can actually cost a lot of money to get approval for to get them to take off in terms of popularity. Also, a lot of doctors need to proffer the medication before the drug starts to gain popularity. In addition, Trevor should think about all these aspects before he assigns his name to anything. With so many things that could possibly go wrong, it doesn’t make sense for Trevor to wildly assign his name to a product that he’s not completely sure about in terms of safety. The other unknown element that might be difficult to ascertain is what Trevor’s legal recourse would be in... In the same manner, torts could come into play were people to complain about this new medication slash prescription drug. The Consumer Protection Act basically guarantees that any product that a consumer consumes will be safe for them to consume. Trevor and this Ph.D. student have no idea what they are doing in terms of reassuring that they have adequate protection against the retributions that they could face, if, indeed it is the case that the medication is faulty. Thusly, the copyright alone will not protect Trevor and the Ph.D. student in case the drug does turn out to be faulty. It is simply a matter of judging what should be done in this case. Copyright law aims to protect those who have patented the item—but on the other hand, someone must be at fault if the drug turns out to be faulty. The government should not assume that weighty responsibility unless it wants to take the risk of having class action lawsuits filed against it in the case that the drug either: a) does n ot indeed work; or b) is faulty in some way, shape, or form. The Consumer Protection Act was basically put in place to protect the consumer. Basically, even though the people who made the product (Trevor and the Ph.D. student) have a copyright on the patent, that does not excuse the pair from being either negligent or having neglected a duty of care. Trevor and the Ph.D. student (and possibly, the person that signed off on the patent) could be in trouble if the drug were presumed to be faulty. Trevor and the student conducted no tests—other than a single trial, with no controls—in order to legitimize the drug’s supposed positive effects. So, in effect, having a copyright on a product does not prevent the public from suing against the maker of the product, in essence.

Week 2 705 Assignment Example | Topics and Well Written Essays - 250 words

Week 2 705 - Assignment Example 138). EBP bundles link to quality patient outcomes through identifying best practices that can be used for efficient and effective interventions that improve health outcomes. The ventilator care bundle, for example, reduces mortality rates in intensive care units. It has also been associated with reducing incidence of ventilator-acquired pneumonia and number of days that a patient takes in an ICU. I would use them in my institution by setting them as guidelines because they guide care personnel into best practices for improved outcomes (Gottwald and Lansdown, 2014). Translational research is a type of research that aims at using evidence-based results for further human research or for improving intervention measures. The research approach focuses on user of research findings, communication of the findings, and transformation of organization for effective implementation of empirical results (Jennings, 2004) for improved delivery of care (Chelsea, 2008). Translational research is, therefore, similar to EBP because of their research scope of knowledge development that can be used for improving care practices. Translational research, however, focuses on use of developed knowledge while focus of EBP is limited to knowledge

Company stock profile Essay Example | Topics and Well Written Essays - 750 words

Company stock profile - Essay Example The success on foretelling harmful geological disasters aids in determining future contracts and payments. The second division includes the Division of Resources, which aids in the exploration and extraction of mineral, water and rock for profit. GEO updated its monetary report for the whole year of 2014 and issued a guidance report for investors towards the second quarter of the year. The organization expects its net income to rise from $1.78 to $1.86 per share. Secondly, it also anticipates the annual revenue to range between $i.60 billion and $ 1.62 billion. The enterprise also increased its Net Operation Income to an array of $452 million to $458 million. For the second part of the 2014 financial year, the total amount of diluted shares aims at increasing at a range of $55 million to $57 million. Additionally, the expected revenue for the second quarter of the year is bound to range between $404 and $409 million. The organization’s expenses are low contrast to the revenues making it gain profits rather than lose (The Geo Group 3). For the GeoHazard division, the department secured a number of insurance contracts in order to develop electronic monitoring devices that aid in the prediction of geological catastrophes. The step improved the company’s detection and mitigation skills allowing it to manage its future risks hence aiding in securing future contracts and payments. Furthermore, its ability to predict future occurrences enables it to facilitate its operation services. The Geo Energy Resource Division reports a return to profitability with a net profit of $0.1 million compared to a previous loss of $0.9 million experienced in 2013. The gross profit margin shows a gradual improvement compared to the year 2013 with an raise of $7.2 million, and the company expects an increase towards the second quarter of the year. Generally the profitability and performance levels of the

Intellectual Property Law Essay Example | Topics and Well Written Essays - 3000 words

Intellectual Property Law - Essay Example He is just as responsible as the Ph.D. student for having come up with a cure for the common cold. However, there are some things that Trevor might want to consider before applying his name to the patent. Coming from a relatively unknown Ph.D. student, this â€Å"cure for the common cold† could have major consequences (good and/or bad). The good consequences that could happen is that the cure for the common cold could be a huge success and garner both Trevor and the Ph.D. student international acclaim—since this would be such a huge discovery. On the other hand, there have been no clinical trials on the medication/drug. If something were to go wrong with the drug being used by actual people, Trevor could also be liable for damages claimed against him if he were to be named in a lawsuit which could prove the drug was faulty. Thus, whether Trevor puts his name on the drug discovery patent or not may have a lot to do with liability, as shall be seen in the future. In the s ubsequent follow-up question, we will speak more about this thread or line of thought as well. Trevor has to think in terms of dollar signs as well—or, in his case, Euros. This is because trial medications can actually cost a lot of money to get approval for to get them to take off in terms of popularity. Also, a lot of doctors need to proffer the medication before the drug starts to gain popularity. In addition, Trevor should think about all these aspects before he assigns his name to anything. With so many things that could possibly go wrong, it doesn’t make sense for Trevor to wildly assign his name to a product that he’s not completely sure about in terms of safety. The other unknown element that might be difficult to ascertain is what Trevor’s legal recourse would be in... In the same manner, torts could come into play were people to complain about this new medication slash prescription drug. The Consumer Protection Act basically guarantees that any product that a consumer consumes will be safe for them to consume. Trevor and this Ph.D. student have no idea what they are doing in terms of reassuring that they have adequate protection against the retributions that they could face, if, indeed it is the case that the medication is faulty. Thusly, the copyright alone will not protect Trevor and the Ph.D. student in case the drug does turn out to be faulty. It is simply a matter of judging what should be done in this case. Copyright law aims to protect those who have patented the item—but on the other hand, someone must be at fault if the drug turns out to be faulty. The government should not assume that weighty responsibility unless it wants to take the risk of having class action lawsuits filed against it in the case that the drug either: a) does n ot indeed work; or b) is faulty in some way, shape, or form. The Consumer Protection Act was basically put in place to protect the consumer. Basically, even though the people who made the product (Trevor and the Ph.D. student) have a copyright on the patent, that does not excuse the pair from being either negligent or having neglected a duty of care. Trevor and the Ph.D. student (and possibly, the person that signed off on the patent) could be in trouble if the drug were presumed to be faulty. Trevor and the student conducted no tests—other than a single trial, with no controls—in order to legitimize the drug’s supposed positive effects. So, in effect, having a copyright on a product does not prevent the public from suing against the maker of the product, in essence.

Company stock profile Essay Example | Topics and Well Written Essays - 750 words

Company stock profile - Essay Example The success on foretelling harmful geological disasters aids in determining future contracts and payments. The second division includes the Division of Resources, which aids in the exploration and extraction of mineral, water and rock for profit. GEO updated its monetary report for the whole year of 2014 and issued a guidance report for investors towards the second quarter of the year. The organization expects its net income to rise from $1.78 to $1.86 per share. Secondly, it also anticipates the annual revenue to range between $i.60 billion and $ 1.62 billion. The enterprise also increased its Net Operation Income to an array of $452 million to $458 million. For the second part of the 2014 financial year, the total amount of diluted shares aims at increasing at a range of $55 million to $57 million. Additionally, the expected revenue for the second quarter of the year is bound to range between $404 and $409 million. The organization’s expenses are low contrast to the revenues making it gain profits rather than lose (The Geo Group 3). For the GeoHazard division, the department secured a number of insurance contracts in order to develop electronic monitoring devices that aid in the prediction of geological catastrophes. The step improved the company’s detection and mitigation skills allowing it to manage its future risks hence aiding in securing future contracts and payments. Furthermore, its ability to predict future occurrences enables it to facilitate its operation services. The Geo Energy Resource Division reports a return to profitability with a net profit of $0.1 million compared to a previous loss of $0.9 million experienced in 2013. The gross profit margin shows a gradual improvement compared to the year 2013 with an raise of $7.2 million, and the company expects an increase towards the second quarter of the year. Generally the profitability and performance levels of the

The whale pedigree Essay Example for Free

The whale pedigree Essay Its evident that the evolution to the present day whale has been a long one. A lot of changes have taken place from the postulated land dwelling animal to a fully marine organism. It is a step wise process that first started with a partially marine organism and then to a fully marine organism. The fully marine organism under went both physical and physiological changes to evolve to the present day whales. These changes included alteration of limbs to flippers, fusion of some of the skull bones and modification of the olfactory organs. These organs have since developed more advanced functions with the increased demand for more metabolic rates. The theories explaining the linage of whales are very important and to some extent have shown significant similarities among the species thought to be related to whales. The ancestors of whale underwent lot of modification for example ability to hear under water, reduction of the limbs, and change of nostrils towards the posterior and greater chances to move under water. Archaeocete Gray Roqual Sperm Pigmy right Right(whales) Beaked White Dolphins Porpoises Gange river River (Dolphins) Extinct whale ancestors Sinonyx The fossil study of sinonyx shows that it lived about 50 million years ago and fed on other animals (carnivorous). Sinonyx was about five feet long with a small brain, drawn out head, short legs and a large skull. It was found along sea shores and was thought to be related to whales and dolphins because of their long muzzle which almost resembled that of present day dolphins. The long muzzle was associated with fish hunting. It is suggested that with time these features evolved to the present day whale specialized organ. However, later phylogenetic tests showed that sinonyx is not closely related to cetaceans. It had 44 teeth consisting of molars with many cusps and thin tearing teeth. Sinonyx lived along sea shores, smaller body, and long muzzle compared to the present day whales which live in the ocean, are very large and very huge. They had large sagittal crest with a large mass of muscles for strong grip of their prey. The present day whales either have teeth or not. Those without teeth have a baleen having on their upper jaw mostly adapted for feeding Archaeocete (ancient whales) This stage is thought to be between sinonyx and whales. Its remnants were first excavated in Pakistan and are thought to have been living around 52 million years ago. They had better developed limbs which allowed them to live in both terrestrial and aquatic environments. As time passed they are thought to have started spending more time in the ocean and giving birth on land. It was similar to sinonyx apart from its evolved premolars which were more triangular with a single serrated cusp and two rooted molars. With time they spread to many oceans and seas of the world. The Archaeocete lived in water but were not able to acquire deep dives like the present day whales. They later evolved to zygorhiza which was the first fully aquatic Archaeocete. Ambulocetus (the walking whale) It was similar to the present day crocodile with its limbs adapted for swimming more than walking which were flippered. They swimmed predominantly and the fossils show that they lived about 49 million years ago and survived on both salty and fresh waters. It had teeth similar to those of Archaeocete and an elongated muzzle. Though it lacked a blow nose it was able to swim well under water. The limbs of ambulocetus were changing allowing them to be more adapted for swimming and less adapted for walking. Their cervical vertebrae of the ambulocetus were relatively long than those of the present day whales. Ambulocetes did not have ears and received information by use of vibrations on both land and sea. They usually lay on the ground to detect the vibrations of their prey. The muzzle of this organism has changed very much in comparison to the present whale in which there is formation of baleen plate. The throat of a whale grooves and expands to hold a lot of water that contain krill which is fed on by the whale. The baleen plate pushes the water out of the mouth remaining with only the food. Baleen therefore acts as a sieve separating the krill from the water. Basilosaurus (king lizard) It is estimated to have lived between 34 and 40 million years ago with a length of around 60 feet. It looked like a whale snake and budged horizontally or vertically. They had small hind limbs that were not able to effectively propel basilosaurus when moving. It had a single large nostril that was used for breathing effectively especially when in water. With time these organisms were unable to move on terrestrial environment. There is difference of the position of the nostril in which the present whale nostril is more to the posterior position for blowing off air when breathing at the water surface. These changes have made the present day whale to be more adapted especially in breathing while in aquatic environment. Pakicetids These organisms lived at around 53 million years ago and looked like dogs or wolves with hoofed feet. Their skull and teeth resembled the of the present day whales. The saggital crest was high and narrow with the lambdoidal crest being predominant. Pakicetids resemble the mesonychid hunting both on land and along the shores. They had small ears that were adapted for hearing and are later adapted for hearing under water in the present day whales. The middle ear of pakicetids was not well developed thus unable to maintain its pressure that limited this organism to dive in deep waters like the present day whales. The preset whale is more adapted to survive in water for instance it is able to dive deeply and swim swiftly since the limbs have been adapted to the aquatic environment. The ears of the ancestor whales have gradually disappeared. The ears are adapted for hearing in the deep seas by receiving vibration signals from other whales like during courtship or tracking their prey.

Key Distinctions Between Positivism And Phenomenology

Key Distinctions Between Positivism And Phenomenology The purpose of research is simple according to Francis Dane (1990: 212) in that it is a means by which we seek to acquire knowledge and understanding by answering questions about the world. Knowledge is a very important concept which is closely related to the concept of epistemology; defined as the study or theory of the origin, nature and limits of knowledge (May, 2001). The theory of Positivism is an epistemological position that concerns the application of the methods of the natural sciences to the study of social reality and beyond (Bryman, 2004). Smith (1998) states that Positivist approaches to the social sciences . . . assume things can be studied as hard facts and the relationship between these facts can be established as scientific laws. For positivists, such laws have the status of truth and social objects can be studied in much the same way as natural objects. The general elements of positivism, adapted from Bond (1989), Easterby-Smith et al (1997), and Hughes (1994) are concerned with methodology, value-freedom, causality, operationalisation, independence and reductionism (cit May, 2001). Basically, all research should be quantitative as it is only such data that can be the basis for valid generalizations and laws. In order for facts to be measured quantitatively, concepts must be operationalised accordingly. The choice of what to study, a nd how to study it, should be determined by objective criteria rather than by human beliefs and interests. Positivism also addresses that the aim of research should be to identify causal explanations and fundamental laws that explain human behavior. Positivists also believe that the role of the researcher should be independent of the subject under examination and also, if problems are reduced to their simplest possible elements then they will be better understood (Bryman, 2004). Positivists therefore most commonly use close ended questionnaires and structured interviews when conducting research as they best suit the requirements embraced within this theory of knowledge. The theory of phenomenology can be used in contrast to Positivism as it concerns the question of how individuals make sense of the world around them. Alfred Schutz (1962) states The world of nature as explored by the natural scientist does not mean anything to molecules, atoms and electrons. But the observational field of the social scientist social reality- has a specific meaning and relevance structure for the beings living, acting, and thinking within it. By a series of common sense constructs they have pre selected and pre interpreted this world which they experience as the reality of the lives. It is these thought objects of theirs which determine their behavior by motivating it. The thought objects constructed by the social scientist, in order to grasp this social reality, have to be founded upon the thought objects constructed by the common sense thinking of men, living their daily life within the social world. (cit Bryman, 2004) This firstly illustrates that there is a fundamental difference between the matter of natural science and social science. It asserts that human action is meaningful and it is thus the job of the social scientist to gain access to peoples thinking and actions to interpret them from the persons point of view. Phenomenology places great importance on Webers concept of verstehen and thus has an empathetic approach towards the research sample (May, 2001). Phenemenologists focus on meaning and understanding and therefore do not generate or test hypotheses (deductivism) as positivists do; nor do they focus on collecting facts that provide laws. An example of a phenomenological study is that carried out by Foster (1995) who used participant observation and semi structured interviews in the Riverside area of London. Official statistics, of which positivists approve, illustrated extremely high levels of crime. Foster however, as a phenomenologist wanted to measure the human attitudes to crime in the area. Her findings can be contrasted to the areas statistics as she found that residents did not perceive the estate to be of a high level crime, nor did they feel insecure or unsafe (Bryman, 2004). Question Two With use of examples distinguish between qualitative and quantitative data analysis. Distinguish between nominal, ordinal and continuous quantitative data and discuss briefly how these might all be used in a research project. Qualitative data emphasizes words rather than quantification in the collection and analysis of data. Qualitative data is mainly carried out by phenomenologists and used for inductive reasoning (Bryman, 2004). It involves collecting written or verbal information of the variables that the researcher is interested in. This data is more descriptive than numbers and can be obtained through questionnaires, focus groups, interviews and discussions (Fulcher and Scott, 2003). As it emphasizes the ways in which individuals interpret their social world, it is rejected by most positivists. Although qualitative research is typically associated with generating theories it can however be employed for testing theories as Adler and Adlers study (1985) on the exploration of educational attainment and sports participation illustrates this (Bryman, 2004). Qualitative data can often be hard to analyze as it involves studying often lengthy and complex documents but overall, it has a deeper richness and me aning than empirical data. In contrast to qualitative data is that of quantitative data. This data describes something in numbers and thus emphasizes quantification in the collection and analysis of data (Bryman, 2004). This numerical data is carried out mainly by positivists and thus embodies the view that social reality is an objective reality. Quantitative data enables information to be easily tested and analyzed in order to provide statistics and facts such as official statistics. Questionnaires and telephone surveys consisting of structured and closed ended questions are ways in which this data is carried out. Although quantitative data enables generalizations to be made and trends to be found, it does however lose the value of meaning as it consists merely of numbers rather than description and explanations. Data can either be nominal, ordinal or continuous. Nominal data consists of a variable with no implicit order such as race, sex or religion. This data therefore can be counted but cannot be ordered or measured (May, 2001). Nominal data can be used in a research project by for example, coding males as zero, females as one or coding the marital status of an individual as Y if they are married or N if they are single. This must however be planned and carried out carefully as confusion and lack of clarity when analyzing the data can occur. Ordinal data however is different to nominal data in that it may counted and ordered but it cannot be measured. Ordinal values can therefore be ranked as they have a natural order; age or level of satisfaction are examples of ordinal variables (Bryman, 2004). For example, if a group of people were asked to taste varieties of biscuit and classify each biscuit on a rating scale of one to five, representing strongly dislike, dislike, neutral and so on, a rating of five indicates more enjoyment than a rating of four, illustrating that such data is ordinal. Continuous data however concerns variables that can take any possible value. This data can be counted, ordered or measured continuous and may include, for example height, weight or temperature. Question Three Discuss the importance of reliability and validity in the operationalisation of concepts in research. Compare a focus group, an individual semi structured interview and survey in terms of the ease with which reliability and validity may be assured. Reliability refers to the extent to which a measurement instrument yields consistent, stable and uniform results over repeated observations or measurements under the same conditions each time (Fulcher, 2003). Validity however refers to the accuracy and truth of the data and findings that are produced. It refers to the concepts that are being investigated, the people or objects that are being studied, the methods by which data are collected and the findings that are produced (May, 2001). A study is valid if and only if it tests what it sets out to test. There are several different types of validity which are face validity, content validity, criterion-related validity, construct validity, internal validity and external validity (Bryman, 2004). Data can be reliable without being valid. Those that support qualitative methods argue that quantitative methods lack validity but are often reliable. Qualitative methods are criticized for being unreliable and unsystematic as there is no way of replicating the study and checking the reliability of the findings. Thus positivists whose concepts need to be operationalised in a way that enables facts to be measured quantitatively, place great importance on the reliability of data as it enables them monitor trends over time and to use them as a future secondary data source. Surveys such as questionnaires are considered as being reliable as there is a much lower risk of subjectivity or bias when compared to, for example, interviews or a focus group. Surveys, whether they consist of closed ended questions or matrix questions, often lack in validity however as the researcher might not have measured exactly what was intended to be measured. For example, if a researcher posted out questionnaires on the perception of crime, applicants might not be able to answer to answer questions fully only by ticking certain boxes. On the other hand however, a semi structured interview would be more valid than a survey as it specifically aims to allow the respondent to voice their opinion and have an equal input into the conversation. Personal interviewing is also better suited for difficult or sensitive issues rather than for example a focus group as an interview is more intimate and provides the respondent with the opportunity to open up. A semi structured interview howe ver can be unreliable as well as unrepresentative as if the interviewer approached another individual to participate in the same interview, their views may be completely different to that of the original interviewees. As there are a multiple people in a focus group, however, the data attained is often therefore more valid than in an interview. An advantage of a focus group is that challenges can be made to contrasting view points which cannot be done in an interview. The validity of a focus group can be challenged however if a number of people dominate the conversation as it does not provide everyone with an equal opportunity to speak. Focus groups are slightly more reliable than a semi structured interview but not as reliable as a survey. Therefore, for research to both reliable and valid many researchers employ more than one method of research such as carrying out surveys and conducting focus groups. This is known as triangulation (Fulcher, 2003). Question Four Select one of the three sets of research case studies presented at the end of the module guide. Critically assess the research presented. Your answer should make reference to validity and reliability of methods; it should detail any additional information you might require, why this may be required and what if any reservations you might have regarding the study. (Please refer to appendix One for the details of case 3) It is evident that case three entitled Do we need to educate people to question authority more carefully given evidence of inappropriate obedience is valid, as it quite simply tests what it was set out to test. The mere fact that ninety percent of subjects were prepared to apply shocks of up to 450 volts because they were asked to do so by a person of authority of which over half (twenty six out of forty) of them did just that confirms the cases validity. Internal validity is prominent in this case as the independent variable that is the distribution of electric shocks, has an effect on the dependent variable that is the subjects. The validity of the study is also increased as the sample is quite large since it consisted of forty subjects. Had it have been a smaller sample, there would have been a high chance that a completely different set of results could have been obtained. Given that the reported data was qualitative as the research method employed was that of observation and thu s that the likelihood of stable or uniform results being produced in a repetition of the experiment is low, it is clearly evident that the study lacks reliability. However, if for example the researcher had asked the subjects to complete a questionnaire after the experiment, then the data would have been classed as being reliable. There is one major ethical concern with this experiment as the subjects were informed that they were required to give electric shocks to other human beings. This is clearly inhumane treatment; therefore the researcher should have altered the experiment in order to avoid this. Another concern with this experiment is that there is no mention of a control group as we are only informed of the experimented group, that being the forty subjects. This is necessary to monitor the effectiveness of the variables in an experiment. Another concern is that although some of the subjects may have been sweating and were nervous this may have been due to the fact that they were being observed in an abnormal environment and not due to the effects of the carrying out of the experiment. Being in such an environment may therefore affect the validity and reliability of the data. Additional information on the comments made by subjects concerning the experiment would be beneficial as would more information o n actually educating people on questioning authority. Overall, the study was a success in that it sought sufficient data in relation to answering the proposal. The reliability of the experiment however was threatened because of factors such as the research method employed (observation). More information could have been disclosed in the data regarding the subjects reactions and comments. The experiment should also have not focused on the unethical issue of giving electric shocks.