Biopure Hbs Summary

Andrew Walters 3/22/12 Biopure Biopure Corporation specializes in blood substitutes for transfusion patients, both in the veterinary market and the human market. However, in 1998, Biopure faced the monumental decision of whether to begin selling Oxyglobin, a blood substitute, to the veterinary market or to wait until Hemoglobin, a blood substitute for the human market, became available for sale. The problem is whether or not the company should launch Oxyglobin before Hemoglobin is FDA-approved or wait until after Hemoglobin is approved and released into the human market.I would recommend that they release Oxyglobin immediately rather than wait for Hemoglobin’s FDA-approval. The reasoning behind this decision follows from an analysis of both the veterinary blood substitute market and the human blood substitute market. I would recommend this because Hemopure is still at least 2 years away from FDA approval, Blood substitute competitors have a more established brand and more mone y; success of Oxyglobin would help Biopure compete against these factors, and failure of other drugs makes introduction of Hemopure a financial risk.There will be many decisions that will have to be made as a result of this. Biopure executives will have to make is what price to charge per unit of Oxyglobin. The veterinary market is small and price-sensitive. The two surveys that Biopure conducted in 1997 to test the sensitivity of the animal blood substitute market found that 25 percent and 80 percent of veterinarians would try Oxyglobin in noncritical and critical cases, respectively, if the product was priced at $150.Therefore, Biopure should charge $150 per unit of Oxyglobin. In conclusion, I recommend that Biopure introduce Oxyglobin into the veterinary blood substitute market at a price of $150 per unit in order to gain respect and brand awareness in the blood substitute market and to provide a source of income for Biopure while they await FDA approval for Hemopure. (Ref. http: //hstrial- laurendecker. homestead. com/biopurecasestudy)

Supporting Teaching and Learning Essay

1. Outlie the difference between sequence and rate of develoment. Why might children develop at different rates in different areas? All children are different in sequence of development depending on events of what will happen while growing in age, as like Maslows hierarchy of needs are shown you need all acpects to develop, you need (qouting from Maslows hierarchy of needs) basic needs such as physiological needs (Health,food,sleep), safety needs (shelter, removel, belonging and love needs (love, affection, being a part of groups), esteam needs (self-esteem and esteem from others) to finally you will reach the top to self-actualisation needs (Achieving individual potentail) so for a child to develop they must complete one of the area’s before they move on to the next one. each and every child will develop at a different rate for example Some babies start teething from 6 months and some of them start even at 9 months, some babies can start talking at around about 1 Yrs but in some case’s at the age of 1 yrs some babies will still only babble and point at what they want but it will depend on the individual. milestones of development are given as a broad avarage of which they expect a child to reach but not all children are the same and will develop at their own pace. There are also other different areas of development from physical, social, intellectual and language no matter what the age of the child.. If at all one is skipped or is slow it can be a cause for concern and may lead to a child being given a special recommendation. 2. Discuss two personal factors and external factors that could influence a child or persons development These are some factors for personal and external factors Personal factors of a childs of development Pupils health mother who uses drugs, drinks and smokes what happens during pregnancy Being born premature Disability. Health status. Dyslexia. Learning difficulties External factors of a child of development Housing and education. Play and leisure activities. Culture and language. Aspirations and expectations. Family environment and background. Family choices. Looked after children. (i.e. Foster care, child minder, looked after by relatives) All these influences affect a child in different ways. children with difficulties and health problems don’t like or are less able to participate in some activities and this will affect physical development and will restrict children to not socialize with the other children and there peers. If a pupil has any of the personal factors staff from there school will be aware of what a pupil may need to support them through school and include them in as much activities as they can do. if a child has learning difficulties they will be encouraged to develop in all areas and will need guidance to manage there needs. Pupils will come from a rage of different family environments and go through lots of different changes while at school like family break up, one parent might have a new partner, illness, mooving  house or maybe they are in care which will may change a pupils behaviour and this may affect there time at school and ablity to learn. also Statistics show that children from a deprived backgrounds are less likelyto achieve at school beause there own parents can not meet their needs and this would impact on all areas of development. 3. Explain how theories of development and framework to support development influence current practice There are a range of diffrenent theories of develoment and many psychologists have different ideas on how children learn, some fill that children ability is innate and some say it will depend on the oppertunites that they are given in there life. Piaget’s constructivist theories which look at the way in which children seem to be able to make sense of their world as a result of their experiences and how they are active learners. He also suggested that as children develop so does their thinking. in other word’s children are learning though play. According to Freud’s psychoanalytic theory of personality, there are three elements of personality–the id, the ego and the superego. According to Freud, the key to a healthy personality is a balance between the three elements Id The id is the only component of personality that is present from birth, The id is very important early in life, because it ensures that an infant’s needs are met. If a infant is hungry or uncomfortable, he or she will cry until the demands of the id are met. The ego The ego is the component of personality, a child realises that how they behave may affect how it’s needs are met, he or she will not cry if they are hungery they would just wait untill food comes to them. The superego superego develops later in childs life, it is based on there development of the conscience. alternatively if the ego behaves well the superego will have pride The behaviourist approach to learning suggests that behaviour is learned from environmental factors, rewards and punishments. Watson believed that everyone is born with the same abilities and everyone and anyone can be taught anything. Maslow was originally was interested in behaviourism and he studied the work of Watson, he also looked at other psychologists like freud’s beliefs but Maslow wanted to understand what motivates people. He believed that our own nees were more important and the Hierarchy of Needs theory remains valid today. if you have a look at some of these theories they explain why everyone is capable of achieving the roles they set themselves. Some also help us to understand the driving forces behind our decisions, and that we are governed by inner factors. 4. Outline three different methods of monitoring development. There are many different methods of monitoing development. These are a few; observation standard measurements information from carers and colleagues Observation There are two types of obsevations informal and formal. informal observations are carried out on a daily basis when working with a pupil and overtime a picture can be built of the pupil’s progress and if there are any poblems such as not undetstanding how to use a ruler propley  or not holding a pencil corectly. Any observations are fed back to the teacher daily, however they may not always be recorded and information gathered may not be passed onto others. formal observations, his may be carried out to support the teacher on assessing a pupil’s level of development such as a controlled assessment or a speaking and listening test. Standard measures This is usually carried out by medical practitioners to ensure that a child is growing at the expected rate for their age. Information from carers and collegues Information from carers can be vital if there is a factor that may be influencing the development of a young person an example may be that the pupil is being bullied or they don’t understand the learning objective but are too scared to ask for help. As a colleague if you see a change in the child you must communicate this to the class teacher to help them to assess what assistance may be required. Parents and teachers should share information about pupils to enable them to work together for the childs best intreast. 5.Explain the reasons why children and young peoples’s developmemnt may not follow the expected pattern? There are lots of different reasons why children may not follow the expected pattern. a child may not follow the expected pattern if they have emotional problems, they my feel unsettled for a number of reasons one of which maybe children who may live with there parents that constonaly argue and fight and this will make the child fill withdrawn or could cause stress and make behavoul problems. a child may be at a disadvantage environmentally due to poor housing or area in which they live. If a chid lives in a house that is poory heated, this could mean a child will exprience bad health and this could also cause stress to parents and this could cause a child to develop more later then other children. Some children may have a poor diet, this affects there physical development, There have been many studies on diet and its effects and results have shown that a child who has a nutritious and  healthy diet achieves more in life. If a family are on a low income and cannot give a child a healty diet this could have a child show physical issues. 6. Descibe how disability can affect development. Childen with disabilities will be affected in a number of different ways, depending on on the the pupil needs and disabilities. it may cause a delay in a particular aspect of there develpment. example – Autism Autism is a developmental disability which affects how a person relates and communicates with other people and the world around them. A child with autism will find it difficult to understand facial expressions or the tone of a voice. and it could affect their ability to development or interact in social settings or in the classroom setting. Learnin difficulities Children with learning difficulties find’s difficult to read and may be come frustrated and problems could arise with there behaiour Physical disabities This may affect there social skills where a child will become withdrawn or affect there behaviour if they become frustrated and will become very withdrawn. A child with this disability may only be affected physically with this disability while others could be affected by seizures, epilepsy or difficulties with speech and language. When you are working with children with special educational needs (SEN) it is important that you focus on the pupils disability and needs and some of the children, not all, work will need to be modified and the pupil will need to be supported but not all children with disabilities require extra help and could go on to do GCSE’s and further there education in college and all they will need is a bit of encourgement. 7. identify four different types of professional intervention that could assist a child or young person whose development was not following the expected pattern There are many different types of professional intervention groups that will support pupils who are not progressing at th same rate as others. This is likely to be advised by either SENCO or another professional who links with schools. The four that i will be focusing on will be a social worker, speech and language therapist, physiotherapist and nurse/ health visitor. Social worker A social worker might be involved if there is a cause fo concern or if a parent has asked for help. in a school setting if the school in concerned for a childs well being they will also contact social services diectly. speech and language therapist Speech and language theraist can be based in a school setting or external. They will give the diagnosis of a communication delay or a disorder and will also advise and work with the parents and the school to support the child in the best way they can, with a non verbal child they will use activities and PECS thet will give a child the confidance to comunicate. Physiotherapist this professional help children with their movement especially those who have little or no movement they are trained to get the maximum movement and skill level. They will also give targets and execerise to pupils to work on to development their gross motor skills. Nurse/Health visitor Nurse and heath visitors provides support for the family and child especially if that child suffers from medical conditions that need specialist care Also health visitors come under this title for measuring and assessing a child’s development. 8. Analyse the importance of early identification of speech, language and  communication delays and disorders, and the potential risks of late recognition It very important to find the early identification of speech, language and communication delays or disorders and the potential risk of late recognitio because it is the crucial part of a childs learning. Because early identification means the child can receive the right treatment and support from professionals and others to target the childs needs hopefully correct the problem that the child has. greatly increasing the chances of improving their skills and helping to get their development back on track as quickly as possible. It is more better for a childs disorder or delays to be dinosoned at an early age so they have a better chance as the early years are a time rapid of learning and development. It can also cause learning delays, particularly in literacy, having problems with sounds and letters leading to delays in reading and spelling. late identification of speech, language and communication can effect their confidence and self-esteem and could find it harder to form relationships, can lead to problems with understanding or a child being able to express their own feelings, leaving them feeling angry or frustrated and causing them to act out and maybe develop behavior problems and isolated. very young children will not be able to recognise the reason for the way they are feeling. if a child that you work with has a communication delay or disorder, you should be sent to get the right trainning to help the child along through the time that you will work with them and also if you work in a school setting there will be speech and lanuage specialist that will came and work with the child as well as you. 9. Explain how play and activities are used to suppot the development of speech, language and communication. 10. Discuss three different types of transition, how they affect a childs or a young person’s development Transitions in life are a fundamental part of development in children and  young people. From an early age a child will experience some form of transition and how well they deal with these changes as they are growing up will be depend on their stage of development. when it comes to the time of transition childen should be able to talk about what is going to happen and be prepared. transition vary from child to child, so it is important to consider them on an individual basis. types of transitions may be: emotional – bereavement, entering/leaving care or the divorce or separation of parents physical – moving into another school setting, a new home. physiological – puberty, long term medical conditions intellectual – moving from nusery to primary school Emotional Pupils emotionals will be affected by their personal experince in there life. If there is a major change within the family unit such as parents separating or divorcing, it can have such an impact on the parents that the children’s emotions may be forgotten and there emotional development may well be affected, they may start to misbehave at home and or at school. physical Pupils who are moveing to a new home may find physical transition trumatic and unsettling and could afftect there development or if a child moves to a new classroom within the same school setting could find the transition positive and the effects wont be as tumatic as they won’t be making the changes alone, they will be with their friends. Intellectual Change such as having to deal with leaving nursery to primary school or from leaving primary school to secoundary and so on, if a this transition is not correctly handled can have a negative impact on development. It will be in  the best intreast of a child to visit each setting before they make the transaction. 11. Evaluate the effect on children and young people of having positive relationships duing periods of transitions.

Editing on Requiem for a Dream Essay

This essay will be, in the first part, mainly talking about the role of film editors in the modern film industry, while during the second, presenting a complex of creative editing techniques the editor used in the film requiem for a dream, to further demonstrate the former topic. For quite long, film editors are deemed as people who do nothing more than cutting the film apart, taping them back together and threading them onto a Moviola. The common-sense views of the job of a film editor, therefore, seem to be naively oversimplified. To be sure, the editing work can be incredibly tedious in a way. It involves viewing miles of footage for hours over and over again and turning them into a coherent and enjoyable whole that will bring sound and sight together artfully to convey the director’s vision. The difficulties of the work, according to that definition, are hard to miss, which is what happens in between the art of editing. Firstly, as an editor, you need to not only know the art, the business and the technology at the same time, but also be well adept at all. Secondly, even though the magic is in your wand and curses to make the final story come to life, you cannot cross that line between a conveyer and a manipulator. After all, it is the director that â€Å"rules†. Thirdly, it means you have to stand the long and tiring hours of working in isolation. Yet you also have to work closely in collaboration with others such as the sound editors and musical directors as the film nears completion. Walter Murch, a preeminent Hollywood film editor, who has won the golden statue for three times, worldly-renowned for his masterful editing work in the English patient and the cold mountain, describes a film editor as a cross between a short-order cook and a brain surgeon. To rephrase his words, film editing requires the capability to do really delicate jobs to mainly assure the continuity of the movie, but also the routine ones—-cutting and assembling, just like a short-order cook flipping the burger. Editors are the invisible man whose wonderful work somehow often goes unnoticed while the general public perception grants way too much credit on the directors and actors. Indeed, they are undoubtedly essential to the play as a whole, but the editor, the dark artist who makes all the broken pieces into their best shape is indisputably no lesser in importance than either of them. Moreover, in some films, the role an editor plays can be so critical that it defines the overall style of the entire film. In the following part, I will try to illustrate this point by looking into the various creative editing techniques the editor of requiem for a dream employed to make the film a stylistic one as it is. The first and foremost editing technique is the one that runs through the entire film, termed as â€Å"hip-hop montage† by Darren Aronofsky, the director of this movie. It is a subset of fast cutting used in film to portray a complex action through a rapid series of simple actions in fast motion, accompanied by sound effects. One example is the recurring scene in which Harry, Tyrone and Marion shoot or snort the heroine in the room. A fast set of shots encompassing the movement of body cells, the magnification of pupils, the cutting of dollar note, the ignition of lighter, the sound of moan are put together swiftly and seamlessly, followed by the fast motion of their after-drug activities. This happens regularly throughout the film primarily to imply the frequency of such behaviors, and the fast motion followed simply indicates how boring and senseless these people are as if those reactions can be ignored. Fast motion editing is another one that used by the editor quite often in the film, usually trying to imply the high frequency of the action or, not to bore the audience with the routine and tedious scenes as long as they understand what is going on. Respective examples are when the mother Sara takes the pills every single time and when she does the housework afterwards. The fraction of the doctor-patient sequence is rather unique in such a way that a contrast of fast motion(doctor) and slow motion(mother) are brought together in the same shots, causing a distinctive yet unspeakable feeling to the audience. Split screen editing is used extensively as well, along with extreme close-ups. The most illustrative one is a set of shots where Harry and Marion caress each other on the bed. The screen is equally split into two parts with the left side on Harry and the other half on Marion. The reason this scene is carried out in this way is because it manifestly shows us the places on each character that the other person is focused on. At this romantic and somewhat psychedelic moment, they both lose a sense of self and are enraptured by their lover. The visual representation of this has to be split since an attempt to convey this in one shot would feel slightly cluttered and in disarray. Another editing/ shooting technique well-worth-mentioning, is the long take used in the film where Marion walks out from her psychiatrist’s place after having sex with him only in exchange for money—-from the doorway, all the way to the elevator, down to the gate, out to the street, then the rain falls and Marion pukes. To observe in more depth, you will find the usage of â€Å"dissolve†. The dissolve appears in the story when Sara dances weirdly and ghostly in her dark bedroom with the red dress partially on her plump body and the nearly scary makeup on her pale-white face. The dissolve allows the appearance of multiple images of Sara at the same time on the screen with different degrees of transparency, thus creating a creepy and spooky ambiance. In addition to all those mentioned above, there is a shot in which the conversations match in two shots with different locations and time yet the same people. The matching of conversation is between Marion and her psychiatrist. The last shot of the first scene is in the restaurant where Marion says â€Å"I need some money† and the first shot of the next scene is on the bed with the psychiatrist saying â€Å"May I ask what it’s for†. This is incredibly coherent while controlling the pace very well. To end this essay, Stephen Kings once says: To write is human, to edit is divine. From this quotation and the analysis above of the role of an editor as well as the in-depth exploration into requiem for a dream, we can at least paint a closer-to-reality profile of an editor and in the meantime gain deeper understandings of the crucial work he/ she does in delivering a masterpiece film.

Why China wants RMB currency undervalued Essay Example | Topics and Well Written Essays - 2750 words

Why China wants RMB currency undervalued - Essay Example China has adopted a policy of intervention to control the appreciation of its currency, the renminbi (RMB), against the dollar and other currencies. This policy measure is heavily criticized by most of its trading partners, especially the United States (Morrison and Marc 1).China's policy of pegging its currency against the U.S. dollar has resulted in severe devaluation of RMB. This undervaluation gives RMB an unfair advantage over competitors in exports. Critics argue that this policy has resulted in China's huge current account surplus, and global trading imbalance (Chen and Mai 4).Some analysts argue that China makes a deliberate effort to manipulate its currency in order to get an unfair trade advantage over other trading partners (Morrison and Marc 1).U.S. claims that RMB's undervaluation is leading to U.S. manufacturing job loss and trade deficit. On the other hand, China strongly condemns such allegations and asserts that international pressure is a form of protectionism and i nterference in China's domestic economic policy. This research paper explores the reasons behind Chinese currency's undervaluation and implications of appreciating it. Renminbi (RMB) is the official name of Chinese currency, and it is divided in the Yuan units, RMB and Yuan are used interchangeably. China has been under extreme criticism and international political pressure to revalue its currency. The pressure is primarily led by the United States of America who asserts that competitive undervaluation of the Chinese RMB and other Asian currencies have significant influences on the U.S. economy (Bergsten). According to Cline and Williamson's estimate, RMB's 25-40 appreciation would lead to reduction of annual U.S. current account deficit by $100 billion to $150 billion. On the other hand, proponents believe that currency appreciation is the solution to China's own problems as it can work as a tool to curb high inflation, lower import price, and dampen the demand for exports(Goldstei n and Lardy 2006; Bergsten 2010; Tyers et al. 2008; Tung and Baker 2004 qtd. in Yang, Wei, and Simla 1). Nevertheless, there are widespread concerns about a major RMB appreciation. Within China, it is believed that a major currency appreciation would lead to slow economic growth and leave adverse employment influences on labor-intensive export sectors (Xu et al. 2011; Tang 2011; Lin 2011; Duan 2011 qtd. in Yang, Wei, and Simla 1). Background on China's Currency Policy Recent empirical studies reveal that undervalued currency leads to faster economic growth. It is because exports rate grow relatively faster than import rates. Therefore, the producing country generates more foreign exchange and enhances its production capacity (Abola qtd. in Joyce). When a country's currency is undervalued, exports grow more than imports because it will provide cheaper goods as compared to their competing trading countries (Joyce). In past, currency valuation has been used by countries who intend to p romote their exports, such as, Japan and South Korea, and now China (Diokno qtd. in Joyce). Until 1994, China practiced a dual exchange rate system. It included an official fixed exchange rate system used by government, and comparatively market-based exchange rate system used by exporters and importers in "swap markets". China restricted access to foreign exchange in order to limit imports which resulted in large black market for foreign exchange.There was significant difference in the two exchange rates. In 1993, official exchange rate with dollar was 5.77 Yuan while 8.70 Yuan in the swap markets. United States criticized China's dual exchange rat

Market research Paper Example | Topics and Well Written Essays - 2000 words - 1

Market - Research Paper Example The theorist implied that obtaining research from the entire population would be considerably expensive and injurious to a firm’s operations (Wiid and Diggines, 2009:56). His emphases were that a proper survey and random sampling of the population would present relevant data that would adequately provide information about the population. The following script argues out on the various concepts related to market research. Sampling is a crucial process of accruing relevant data from the target population. As a researcher, sampling denotes the best approach to a study with the provision of different sampling methods for research. The methods range from probability and non-probability sampling, stratified sampling, quota and area sampling, and cluster sampling. The following are the benefits of a good sampling method. Researchers engage on marketing research to identify the factors and solutions to a business problem. This process requires an effective and efficient approach as delays may pose negative impacts to a company’s production, processing, and delivering of satisfaction to the final consumer (Czinkota and Ronkainen, 2007:38). Therefore, time is a beneficial tool in relation to the issue of marketing research, and to the establishment of viable factors for business progression and success (Wiid and Diggines, 2009:57). As a marketing researcher, the appropriate sampling method should be time effective and precise on obtaining the amount of data required. The essence is that a sample method determines the longevity of obtaining data for use in forecasting different prospects of the business. Whenever a sampling method takes a long time, businesses may fail external forces that may threaten to halt operations. For instance, the global market is competitive and a time-consuming samplin g plan may draw the attention of rival competitors. Research is a necessary tool in amassing information relevant in establishing the long range

Financial Accounting Essay Example | Topics and Well Written Essays - 1250 words - 3

Financial Accounting - Essay Example In 2003, the Financial Reporting Council adopted a combined code of two reports, one of which covered the non-executive director’s role and how they should dispense their duties in an ethical way, while the other gave guidelines on the conduct of audit committees. With time, various amendments have been made on the 2003 Combined Report, and in 2010, the Financial Reporting Council adopted the UK Code on Corporate Governance that provides the guidelines on how the listed companies in the London Stock Exchange should conduct themselves when representing their shareholders. This paper aims at discussing the concepts contained in the code of conduct adopted on 29th June 2010, while giving a special focus on the duties and responsibilities of Non-executive directors, referring to the 2003 and the 2010 versions of The Code of Conduct. Non-executive directors of a company do not take part in the executive work of the team and are not part of the employees of the company (Walter & Shilling 2009, p. 25-28). The Governance Code obliges the directors to adhere to the financial reporting standards while representing their companies, and show accountability and prudence while doing this (Hamill et al. 2010, p. 56-59). The mode of reporting as outlined in the code of conduct requires the company to state how it effectively applies the supporting principles and the provisions, stating whether they comply with the provisions in the code of conduct or not (Ryan, 2004, p. 16). The code separates the duties of the chairperson with those of the chief executive officer, and gives the appropriate ratio of the non-executive directors and who should be incorporated in the board committees. Companies must be headed by a Board of Directors, who oversees the overall operations of the company, holding them liable for any misrepresentation of the investors, and the losses that may thus occur in such an event. According to Halbert and Ingulli (2011, p. 30), the directors of a

THE ROLE OF THE NURSE PRACTITIONER Research Paper

THE ROLE OF THE NURSE PRACTITIONER - Research Paper Example The FNP works and functions in a similar manner like a physician even though she lacks the same knowledge and qualifications of a doctor. In family settings, the family nurse practitioner makes routine check-ups on the physical condition of the family as well as diagnoses any form of illness and other minor injuries (Aries & Middough, 2010). Roles of a Family Nurse Practitioner in Hospital Environment A major responsibility of a nurse practitioner is preparation and maintenance of medical documentation of a certain family. She is responsible of updating the charts of her findings on the condition of a patient after the completion of diagnostic tests. A family nurse practitioner adds the new information into the patients chart. All these forms of medical communication between the nurse practitioner and the patient and between the patient and the physician in addition to any other healthcare worker involved have to be stored by the nurse practitioner in the personal file of the patient . This medical information is added to the medical history of the patient such that it can be used in future by other physicians who may be attending the patient (Hamric, 2008). Since a nurse practitioner acts under the surveillance of the attending physician, she should possess perfect communication skills and sufficiently work as expected with other attending physicians who are treating a certain specific member of a family. During the process of treating a patient, the family nurse practitioner has to be involved in the process as a she acts as a part of the medical team. It is a requirement that she shares her medical knowledge of the patient with other medical professionals as well discussing the condition of the patient in an effort to gain some knowledge about the patient which may be important at a latter date (Coffman & Edward, 1998). It is the responsibility of the family medical practitioner to discuss the condition of the patient with the doctor or any other visiting phy sician so as to receive an input approval from the doctor or the physician. In addition with collaborating with the doctor, the family nurse practitioner has to work hand-in-hand with other nurses and therapists for the betterment of their patient as they will provide important advice which will be very useful during the process of caring and treating the patient. Provision of proper medication and elderly care is also a part of their duty. After people get aged, they develop many complications where in some worse cases they get mentally retarded thus it is also a duty of the family nurse practitioner to oversee that they get the right medication as well as care (Aries & Middough, 2010). This nurse further observes the complaints of the patient and conducts a diagnosis on the patient’s health and determines the course of medication to be observed in accordance with the medical history of the patient. The family nurse practitioner has the mandate to demand lab tests or X-rays of a patient by lab physicians with reference to the condition of the patient so as to make recommendations on the type of treatment the patient is supposed to receive. For instance, a middle aged female may approach a female nurse practitioner with complaints of fatigue and based on her examination of the condition of the patient, the nurse practitioner has the liberty to order for lab tests to be conducted on such a patient so as to diagnose the scope of the

Employment law Essay Example | Topics and Well Written Essays - 1250 words

Employment law - Essay Example 54). Question one The basic aim of labor law in all nations is to make provisions of obligation and rights to employees and employers to ensure that the mediation between the two parties is excellent. This ensures that the relations between these parties are respected, and the contract is completed is competed in good terms. The terms also play a part in ensuring that duties are executed with proficiency because no pressure is exerted. Most of these terms are put in place by relevant bodies to ensure that the legislation is honored. Road construction companies owned by Chinese and Russians are most hit by violation of labor law. The companies win most of road construction contracts in Africa. This is because their tender is low in reference to other construction companies with the same capability. These companies accept tenders under low cost, and in return they suppress their employees. This has been reported in many nations especially in Kenya, Tanzania, and Uganda (Duddington, 200 7, p. 36). It is quite undesirable to see young energetic, employees struggle from 6am to 10pm just to have a pay daily pay of $2.5. In reference to prevailing economy in the region, the sum can just be used to purchase their daily bread and transport. The families cannot afford taking their children in schools offering quality education, and this perpetuates poverty cycle. These constructs cost billion of shillings, yet they hardly play a part in developing societies’ living standards of living. Their scope is difficult, and has long working hours. Treatment is poor as well; they provide themselves with food, shelter, and clothing. The reason behind this exploitation is that these are developing nations. Therefore, the firms take advantage of the situation because of availability of cheap labor. Illiteracy level is also high which lead to many individuals willing to work under such poor conditions. This issue would be best addressed through international labor laws. They sho uld ensure that foreign companies remunerate their workers in reference to prevailing economy as well as cost of the contract. Governments should also work hard to protect the rights of its citizen. Question two Knights of labor Knights of labor of labor are one of the significant American labor organizations in 1880s. They were founded by Terence Powderly. They targeted uplifting cultural and social workingmen, radicalism, and rejected socialisms. They also fought for six working hours and promoted the republicans who enhanced working ethics. In the beginning, it acted as a labor union where it aimed at negotiating for employees; it did not rise to recognition. After its sudden growth in early 1880s, it later lost it members and turned out being a small organization. It was very efficient in fighting for the rights of its member, and in 1986, it had over 700,000 members. At this time, its voice was material and could influence big decisions. But in the next three years, it lost all its members from poor management (Duddington, 2007, p. 115). The organization worked hard in bringing women and black employees to equality. This is one of the reasons that had participated to its growth. It was also swift in fighting for their rights by ensuring that ward was by merit. Its roots were firm in the south, which later influenced the north to acceptance in the north (Malcolm, 2008, p. 23). American federation of labor This is among the first labor unions in

Internet Marketing Analysis Essay Example | Topics and Well Written Essays - 750 words

Internet Marketing Analysis - Essay Example Indeed, there are various advantages of using the internet for the purposes of promoting a brand or product as outlined in this report. During the contemporary period, new information and communication technology (ICT) has revolutionised the ways of communication and doing business. The advent of the internet has brought about new features that make communication relatively easy and can reach a wide range of people located in diverse geographical areas. Thus according to Clow ( ), specially designed websites are used by various organisations as tools to market their products. It should follow from the given scenario that Starbucks can effectively harness the use of the internet to market its Kiosks. Through the use of different search engines, the customers can discover for the first time a product hence the need for Starbucks to use as many key words as possible for the purposes of search engines as well as attractive websites to captivate the interests of the customers. Web designers should mainly target to use fancier banners characterised by flashing images, graphics as well as streaming videos that can be used to garner the attention of the customers. The use of websites is justifiable in most cases because they promote branding of a product which is very essential in attracting the clients to purchase that particular product. An integrated marketing communications (IMC) plan that emphasises that the brand is a product with high quality should maintain the same theme on the website. Seattle’s Best Coffee Express Kiosks’ websites should serve to reinforce the integrated communications theme emphasised in other media and having dome this, the internet becomes a valuable tool in the development of the brand. This then becomes a very important step in creating brand awareness as well as brand knowledge. Although advertising is a major

Case studies x 2 Essay Example | Topics and Well Written Essays - 500 words

Case studies x 2 - Essay Example The team leader should not waste much time once he realized the diversity of his team vis-Ã  -vis the group task and must make efforts to reinforce the idea of collective achievement and mutual respect. The most important task is to motivate the unmotivated and who better to do this than the thinkers? They should be used to interact with the former subgroup to listen to their views, and check if there are any systemic defects or issues that need to be resolved. These interactions give the tutees opportunities to ask questions and for the tutors to be surprised by the elements of human attitude that govern group functioning and motivation. This two-way learning process helps the group cohesion and builds a sense of belonging. In a similar manner, the team leader has to publicly acknowledge the creativity and the hard work of individuals, and explain the gains that everyone in the team would enjoy as a result of the team effort, monetary or otherwise. The role of a CEO is judged by the touchstone of a healthy growth of his organization and keeping the stakeholders happy. In order to realize his objectives, he creates his teams and treats each individual on the merits of his/her contribution to the organization in achieving the short/medium/long term goals. One of the important aspects of performance is team spirit that overcomes short term individual grouses. Comparison and discontent are universal in organizations. They are to be handled in such a way that the solution neither creates more discontent nor demoralizes. In the present case, Jim has an impeccable track record of performance. His ability to develop contacts and build networks is of considerable value to the company and at the same time, points to the respect he commands in the market. He is thus a key resource that directly generates revenues for the

The phenomenon is suicide bombing Essay Example for Free

The phenomenon is suicide bombing Essay The phenomenon is suicide bombing more often intrudes into our life from newspapers headlines, TV news and unfortunately even more and more people face it in reality. The understanding of the reasons that cause this phenomenon may considerably assist in preventing its expansion and probably even help to stop it. That is why now we may encounter a great number of various works dealing with this topic which aim at considering suicide bombing from different viewpoints. The herein literature review attempts to focus on the most significant aspects of suicide bombing as well as to present those works which provide the most profound and comprehensive analysis of suicide bombing. Besides the works reviewed here are selected on the base of variety of viewpoints they provide. One of the most substantial works, that touch upon the issue of suicide bombing, is the book New Political Religions, Or an Analysis of Modern Terrorism by Barry Cooper. The analysis given in the book provides understanding of the nature of a suicide mission. That is, in addition to considering such relatively straightforward issues as who did what and how it was accomplished, author is also concerned with interpreting the phenomena of terrorist action as meaningful within the context of sources provided by the terrorists themselves. Author asserts that one of the oldest insights of political science is that all political action is self-interpretive and proves that terrorism is no exception. The very useful aspect of the problem under discussion revealed in the book is the psychological analysis of the suicide’s actions. In particular Cooper argues that they are not necessarily psychopaths. They are not crazy in the commonsense use of the term. They most definitely are, however, â€Å"spiritually disordered†. As author states, the spiritual disorders that are present among contemporary terrorists are expressions of ideology. It is for this reason that one can compare the spiritually disordered suicide bombers to the adherents of modern ideologies in the SS or KGB. The author also discusses the relation between the terrorism and religion. In particular, he observes that Koran condemns any form of suicide; however, the motives of the terrorist acts performers necessarily contain some religious elements. Hence, Cooper concludes that the religion itself cannot be a rational basis for organization of a terrorist act; nevertheless it can be intensifying factor in the reasoning of suicide bombing. The next article under revision is Understanding Suicide Terrorism: Richard Jackson Argues That Terrorism Cannot Be Attributed Solely to Religious Extremism, Hatred or Mental Illness published by Richard Jackson in Journal New Zealand International Review. In this article the author tries to clarify what are the reasons of suicide bombing. After having summarised particular cases the author arrives to conclusion that is very close to that presented in a book reviewed above. Namely, religion is only a factor in a very few cases of suicide terrorism around the world, and even in these instances, religious extremism is almost never the sole cause. Jackson notes that after all, there are many extremists and fanatics in virtually every religion, most of whom will never engage in any form of violence. Nor is suicide terrorism the result of religious brainwashing; in places like Palestine, there are many more volunteers for suicide missions than the terrorist groups require. The author provides a valuable understanding of the fact that suicide bombers and terrorists are almost never motivated primarily by hatred for their victims. In actual fact, many suicide bombers are motivated by more altruistic aims, such as sacrifice for their comrades and their community, or a belief that they are fighting for a good cause. The author also states the arguments used by the organizers of suicide bombing during the planning of the terrorist acts. The strongest among others is tactical advantages. On a tactical level, terrorists believe that their actions can be successful and that powerful governments can be forced to change their policies; in effect, they are making a rational calculation that enough carnage will achieve the desired results. In the work The Underlying Realities of the Israeli-Palestinian Conflict after 11 September, published in Arab Studies Quarterly, the author Norton Mezvinsky highlights the chronological development of terrorist acts performed by the suicide bombers after the declaration of Intifada from 28 September 2000. The main purpose of this work is to explore the sway of the events of 9/11 on the Israeli-Palestinian conflict. The most valuable in this work is the summarising of effects the terrorist acts had both for the Palestinians and the Israelis. Thus the author asserts that from the very beginning Intifada mainly implied the perpetration of suicide bombings. Israel, in its turn, with the purpose to render terrorist centers harmless brought troops into the territory of West Bank. Israels military incursion into the West Bank greatly increased Palestinian hostility. Beginning in the aftermath of 28 September 2000, suicide bombing became the major weapon of armed struggle for Palestinians. Arafat and some other Palestinian political leaders condemned and called for a halt to the suicide bombings. Such statements had little effect. Suicide bombings have instilled fear and hurt the economy in Israel, but Palestinian suffering has nevertheless far surpassed Israeli Jewish suffering. The next paper is the article by Terri Toles Patkin Explosive Baggage: Female Palestinian Suicide Bombers and the Rhetoric of Emotion, published in Women and Language which examines the psychological, social and gender factor in suicide bombing. The author of this work asserts that suicide bombers are not suffering from clinical depression or emotional difficulties; they perceive themselves as fulfilling a holy mission that will make them martyrs. The action is not suicide (as it was mentioned above suicide is prohibited by Koran) but rather martyrdom and thus does not violate religious prohibitions against killing oneself. In particular Terri Patkin studies numerous psychological peculiarities of a woman which may induce them to participate in terrorist groups. The particularly interesting is the point of the author that the peculiar role of a woman in Muslim society can be a significant factor that impel women to participate in suicide bombing. Women have participated in terrorist groups worldwide, but their relatively low numbers and roles often centering on support of their male colleagues have diminished onlooker perceptions of their importance. Women tend to be more actively involved in nationalist/secular terror organizations rather than Islamist/religious groups. Women in Palestinian groups are often enthusiastic about their increased roles. Generally for the western society martyrdom operations represent an odd and abnormal type of violent behaviour. Thus it would be useful to know what is the suicide bombing for a terrorist him-/herself or for the representative of the Muslim belief. This interest can be satisfied by the work A Comparative Study of Lebanese and Palestinian Perceptions of Suicide Bombings: The Role of Militant Islam and Socio-Economic Status conducted by Simon Haddad and presented in International Journal of Comparative Sociology. This work consists of the sociological survey for the attitude of the Lebanese and Palestinian to suicide bombing. The major objective of this article is to provide a general overview of respondents attitudes towards suicide bombings within a comparative perspective. Derived data indicate that for Lebanese and Palestinian, the most important determinant of attitudes toward suicide bombings is political Islam. The greater the attachment to the religious dogma the more likely respondents are to express support for suicide bombings. Certain Muslims commit these acts in the name of Jihad and thus in expectation of a handsome divine reward. Result of this article increase understanding of the phenomena of suicide bombings and pro-suicide attitudes in both Lebanese and Palestinian cases. And finally the book Global Terrorism by Brenda J. Lutz and James M. Lutz provides a general research of the terrorism phenomenon. The work defines the place of suicide bombing among the other methods of terror. Thus, it is stated that in most cases the suicide bombing is used against political regimes (the authors include here the terrorist acts against the foreign troops on the occupied territory), basing on religious motives or ethnical ground. Also there are cases when suicide bombing are performed basing on ideological ground (Kurdish Workers Party). The book is illustrated with the table showing the number of terrorist acts conducted from 1980 to 2000. So we can see that more than a half of acts of suicide bombing (168 out of 280) up till 2000 were organized by Liberation Tigers of Tamil Eelam in Sri Lanka and India. These terrorist acts were based on the ethnical ground. Unfortunately there are no data following 2000 as it could have helped to find out what is the change in this ratio after the declaration of Intifada. This literature review unfortunately left a number of problems, related to suicide bombings, unconsidered. Thus it would be desirable to pay attention to such problem as children participation in suicide bombing. Also the question of suicide bombings by the Chechens against the Russian government is not discussed in the books and articles reviewed. Many researchers differentiate the Chechen terrorism as a separate branch due to its incredible brutality towards civilians. Bibliography COOPER, Barry. New Political Religions, Or an Analysis of Modern Terrorism. Columbia, MO, University of Missouri Press, 2004. JACKSON, Richard. Understanding Suicide Terrorism: Richard Jackson Argues That Terrorism Cannot Be Attributed Solely to Religious Extremism, Hatred or Mental Illness. New Zealand International Review, 30 (5): 2005: 24+. MEZVINSKY, Norton. The Underlying Realities of the Israeli-Palestinian Conflict after 11 September. Arab Studies Quarterly, 25 (1-2): 2003: 197+. PATKIN, Terri Toles. Explosive Baggage: Female Palestinian Suicide Bombers and the Rhetoric of Emotion. Women and Language, 27 (2): 2004: 79+. HADDAD, Simon. A Comparative Study of Lebanese and Palestinian Perceptions of Suicide Bombings: The Role of Militant Islam and Socio-Economic Status. International Journal of Comparative Sociology, 45 (5): 2004: 337+. LUTZ, Brenda J. and LUTZ, James M. Global Terrorism. New York, Routledge, 2004.

Value Chain Management Essay Example for Free

Value Chain Management Essay Explain how operations strategy is influenced by customer and business prospective and where in a standard value chain you would expect to see your chosen topic addressed. INTRODUCTION Every organization’s operations strategies are concerned with getting things done; ie producing merchandise for customers. However, most people believe that operations management is only concerned with short-term, day-to-day issues. In essence, all business organisations are concerned with how their business will survive and prosper in future. In contemporary terms, most business strategies are recognised with a plan as part of or a set of intentions that will set theirr long-term directions of their actions that are needed to ensure future organisational success. Thus, no matter how strong their plan is or how noble their intentions, are, any organisation’s strategy can only become a meaningful reality, in practice, if it’s operationally instigated. Every organisation’s operations are equally important because most organisational activity comprises the day-to-day activities within the operations function. It’s the process of daily actions of operations, when considered in their totality that constitute the organisation’s long-term strategic direction. The relationship between an organisation’s strategy and the operations involved is a key determinant of its ability to achieve long-term success or even survival. Organisational improvement is only likely to result if short-term operations activities are consistent with long-term strategies and hence, make a contribution to competitive advantage. The relationship between corporate operations and the other business functions is similarly important. The objective of the operations function is to produce goods and services required by customers whilst managing resources efficiently. This can then lead to conflicts within an organisation. Conflicts between operations and selling functions are likely to centre on the marketing aspect to ensure that operations concentrate on satisfying customers. Whilst this may seem enduring, marketing will usually want operations to suit customer needs under usual circumstances. Therefore, this is likely to lead to demands to produce  bigger volumes, more varieties, better quality, a faster response, and so on, all of which are likely to lead to less efficient operations. Conflicts within the operations, the accounting and finance functions, on the other hand, are likely to centre on the desire of accounting and finance to want operations to manage resources as efficiently as possible. This will pull operations in exactly the opposite direction of that desired by marketing. Conflicts within operations and the human resource management function are likely to centre on issues of recruitment, selection, training, management and the reward of those employed within operations. For example, operational managers may want to vary organisation-wide policies in order to meet local needs; a move likely to be resisted by human resource managers. The operations function lies at the heart of any organisation and interacts with all the other functions. As such, achieving agreement about what decision areas lie within the remit of operations, and what should be the basis of decision-making within operations is an essential part of ensuring the consistency of action over time necessary for a successful organisational strategy. OPERATIONS STRATEGY My introduction towards operational strategic purposes has highlighted the strategic importance of operations to organisational performance. The importance of operational strategy is essential to an organisation as this will determine the extent to which its business strategy can be implemented, but also as its operations can be a source of competitive advantage within any businesses value chain. First I will outline what exactly is meant by the term operations strategy. Slack et al, argues that an operations strategy concerns the pattern of strategic decisions and actions which set the role, objectives and activities of operations. His use of this term ‘pattern’ implies a consistency in strategic decisions and actions over time. This concept is consistent with a theorist guru, Henry Mintzberg’s view of strategy as being a ‘pattern in a stream of actions’ (Mintzberg and Waters, 1985). Henry Mintzberg, views strategy as being realised through a combination of deliberate and emergent actions. An organisation can have an intended strategy, perhaps as a set of strategic plans. However, only some  of his intended strategy may be realized through deliberate strategy. Some of the intentions may be unrealized. Strategies which take no regard of operational feasibility are more likely to have low marketing prospects, remaining merely as a set of intentions. Strategies may also emerge from actions taken within the organisations functions, which over time form a consistent pattern. Actions of this kind will, almost inevitably, arise from within the operations of the organisation. So, whether intentionally planned or otherwise, the business operations are bound to have a major impact on the formation of organisational strategy. It’s often said that strategy is an issue which is somehow separate from day-to-day organisational activities. If taken to extremes, this can result in strategies being regarded as some kind of cerebral activity performed by superior’s who need to be removed from day-to-day operational pressures. Theorists such as Mintzberg is amongst those who point out to the dangers of managers becoming detached from the basics of the enterprise. Mintzberg and Quinn (1991) call this the ‘don’t bore me with the operating details; I’m here to tackle the big issues’ syndrome. They caution that, ‘the big issues are rooted in little details’. Operational strategy, the processes and content: A. Operational strategy processes: How an organisation sets about developing appropriate operation strategies and B. Operational strategy content: What the key decision areas are and what needs to be addressed in developing any operational strategy. OPERATIONS STRATEGY PROCESS As discussed above, operational strategies have a vertical relationship in the corporate hierarchy within business and corporate strategies, and horizontally with the other functional strategies, mostly recognised within marketing strategies. Operations strategy might come about in a top-down or a bottom-up process with regard to business and corporate strategies. Similarly, an operations strategy might be developed in response to market requirements (i.e. market-led) or be based on the capabilities of its operational resources (i.e. operations-led). As this gives rise to four  perspectives on operation strategy (Slack and Lewis, 2002). Each perspective places a different emphasis on the nature of the operations strategy process. Top-down The top down perspective is the operations strategy which it comprises of, and is supportive of the organisation’s business purposes; an operations strategy that the organisation uses to realise its business strategy within any value chain. This concept follows in line with the perspective of the Hayes and Wheelwright stage 3 organisational strategy process. According to this theory, the process of developing an operations strategy would follow Skinner’s approach of identifying an operation’s ‘task’ (Skinner, 1969). The task for operations would be determined logically from the business strategy. Using Slack et al.’s, five operations performance objectives theory, as one way of articulating the operations task. For example, if the organisation’s business strategy involves the offering of low pricing, then the operation’s task should be one of achieving low costs in operations. If the business strategy is based on offering customers fast delivery, then the operations task should be one of achieving speed in operations, and so forth. In a multi-business organisation, the top-down perspective emphasises operations strategy being linked to corporate strategy via the business strategy of each business unit. This then raises the question of whether it is possible to talk of ‘corporate’ operations strategy. If corporate operations strategy means commonality, in all aspects of operations, then this would only be possible if each business unit has similar business strategies and similar operations tasks. (Johnson and Scholes, 1999) However, some theorists such as Hayes et al would argue that any corporate operational strategy does not mean that every facet of operations must be the same in each business unit. Rather, operations decisions are considered enormously at the corporate level with a view to meeting corporate strategic objectives. A failure to do this means that operations decisions are taken only at the level of the business unit, with a view to meeting needs of that business unit. The dangers of doing this have been pointed out by theories, who caution against letting the needs of the business unit dominate strategic thinking. This can lead to operational competences being confined  within individual business units, thereby restricting their future development, which includes preventing their spread to other business units and limiting opportunities for synergistic developments across the corporation. This can be particularly important in multi-site, multi-national enterprises. ( Prahlad and Hamel, 1990) Bottom-up The bottom-up perspective is one which sees the operations strategy as an element emerging through a series of actions and decisions taken over time within operations. These actions or decisions might at first seem to appear to be somewhat risky as operations managers respond to customer demands, seek to solve specific problems, copy good practices in other organizations, etc. However, they usually coincide over time to form a coherent pattern recognisable as an operations strategy. The actions then taken within this kind of strategy are likely to be characterized by a continuous series of sporadic improvements rather than the large one-off technologically led changes that require large capital investments in new plant and machinery. The bottom-up perspective is one where the organisation learns from its experiences, developing and enhancing its operational capabilities as operations managers try new things out in an almost experimental routine using their workplaces as a kind of ‘learning laboratory’ (Leonard-Barton, 1992). Easy Jet Case Study Although EasyJet only undertook its first flight in 1995, when it operated two routes (London Luton to Glasgow and Edinburgh), ten years later, the budget airline offered 212 routes to 64 European airports and transported over 29 million passengers in 2005. EasyJet now carries more passengers within Europe than British Airways. Analysts expect EasyJet and its Irish based rival Ryanair, to both overtake all traditional airlines to become the largest short-haul operators in Europe by the end of the decade. The Luton based airline is known as continuously expanding, recently announcing the purchase of a further 20 Airbus A319 planes to service the ever increasing number of routes it operates. In 2005 EasyJet carried up to 30 million  passengers, up from 25.7 million in 2004, making it a  £1.3 billion business! Despite record high fuel level costs, profits were up and around 10 per cent to  £68 million. Passenger numbers rose 21 per cent to 29.6 million and the load factor, indicating how many seats are filled, was 85.2 per cent, reflecting the airline’s popularity. The low cost lines like EasyJet have revolutionised the airline industry in Europe. Modelled on South West Airlines in the USA, these airlines have not only helped create a whole new market of cost-conscious travellers but have taken market share from established operators like British Airways and become the most profitable airlines in Europe. To be profitable, these airlines have to achieve low costs to match the low fares, which are the main attraction to their passengers. With its head office as a large tin shed adjacent to the main taxiway at unfashionable Luton Airport, all of EasyJet’s operations are aimed at minimising costs. This is done in a number of ways: Use of the Internet to reduce distribution costs. EasyJet sells around 95 per cent of all seats over the Internet. Its online booking system uses a variable pricing system to try to maximize load factors.(Prices start very low – sometimes free, and rise as seats are filled.) The fuller the aircraft the lower the unit cost of travel. (Scholes and Johnson,1999, pg12) Ticketless travel Passengers are emailed with their travel details and booking reference numbers. This helps reduce significantly the cost of issuing, distributing, processing and reconciling millions of tickets each year. Neither does EasyJet pre-assign seats on board. Passengers sit where they like. This eliminates an unnecessary complexity and speeds up passenger boarding. No free on board catering. Eliminating free catering on board reduces cost and unnecessary bureaucracy. Passengers can purchase food and refreshments on board. Efficient use of airports. EasyJet flies to the less crowded airports of smaller European cities and prefers the secondary airports in the major cities. These also have lower  landing charges and normally offer faster turnarounds as there are fewer air movements. EasyJet’s efficient ground operations enable them to achieve turnarounds of less than 30 minutes. This means EasyJet can achieve extra rotations on the high-frequency routes, maximising the utilization of aircraft. EasyJet’s ability to offer point-to point travel means that it does not have to worry about onward connections for passengers and their baggage, further simplifying its operations. Paperless operations. EasyJet have embraced the concept of their paperless office, with all its management and administration undertaken entirely on IT systems. These can be accessed through the use of servers from anywhere in the world thereby enhancing flexibility in the running of the airline. (Scholes and Johnson,1999, pg12) Many of the manufacturing practices that are now considered leading edge such as JIT, TQM, Statistical Process Control, were developed in just; such a fashion by Japanese manufacturers responding to the constraints placed upon them in the aftermath of the Second World War. One of the problems associated with this perspective is that the organization may not recognize what its operations strategy is. Mills et al. (1998) have developed a technique that aims to overcome this by enabling managers to construct a visual representation of operations strategy as realized. It does this by tapping into the organization’s collective memory, whether written or verbal, to map all of their most significant events in operations over the previous number of years. This should enable managers to recognise the patterns that now make up the existing operation’s strategy. Market-led The market-led perspective is one where the operations strategy is developed in response to the market environment in which the organisation operates. There’s a number of approaches within operations strategy that suggest how this might be done. The best known of these theorists is that of Terry Hill (1985). He suggests that an organisation’s operations strategy should be linked to its marketing strategy by considering how its products and  services win orders in the market place. He believes it’s possible to identify two types of competitive criteria in any market. Market qualifying criteria are those factors that must be satisfied before customers will consider making a purchase in the first place. Order winning criteria, on the other hand, are the factors in which customers ultimately make their purchasing decision. For example, for many airline passengers, the order winning criteria is price, with criteria such as destination city, time of flights and convenience of travel to and from airports being market qualifying criteria. For others, notably business travellers, the order winning criteria may be factors such as in-flight service or total travel time. Consequently, an operations strategy should be developed which will satisfy market qualifying criteria, but excel at order winning criteria for the market segment that the operation wishes to serve. Platts and Gregory 1990, use an approach that audits the products or groups of products that the organisation offers to its markets. The aim is to identify any gaps between market requirements for particular products and services and the performance of the organisation’s operations in delivering those products and services. First the market requirements for the product or service are analysed in terms of various competitive factors (such as cost, quality, reliability). The performance of the organization’s operations against those factors are then assessed. An operations strategy should be developed which will enable operations to match the level of performance required by customers in each of the competitive criteria. Operations-led The operations-led perspective is one in which its excellence in operations is used to drive the organisation’s strategy. This is in line with the Hayes and Wheelwright stage 4 organisation and fits with the resource-based view (RBV) of strategy that currently dominates the strategic management literature. The premise of the RBV is that superior performance comes from the way that an organization acquires, develops and deploys its resources and builds its capabilities rather than the way it positions itself in the market place (Barney, 1991; Wernerfelt, 1984). Thus, the process of strategy development should be based on a sound understanding of current operational capabilities and an analysis of how these could be developed in  the future. This can then provide the basis for decisions about which markets are likely to be the best in which to deploy current and future capabilities, which competitors are likely to be most vulnerable and how attacks from competitors might best be countered (Hayes et al., 2005). Mills et al. (2002) have developed methods through which organizations can apply these ideas in practice. This involves undertaking an analysis of the resources that have underpinned the activities of a business unit over an extended period of time (at least the previous three to five years). Six resource categories, which are not mutually exclusive, are used: tangible resources, knowledge resources skills and experience, systems and procedural resources, cultural resources and values, network resources and resources important for change. The resources are evaluated against three criteria: value, sustainability and versatility. Resources that individually or collectively score highly in these criteria are considered to be important resources. They are sources of existing or potential competitive advantage to the organization. OPERATIONS STRATEGY: CONTENT What then are the key decision areas of operations management that need to be considered when an organization is developing an operations strategy? Although there are a number of classifications in use, operations management scholars generally agree (e.g. Leong et al., 1990) that the major strategic decision areas in operations can be conveniently divided into ten categories under two broad headings: structure (the physical attributes of operations; the hardware) and infrastructure (the people and systems of operations; the software). The structural decision areas comprise: Facilities: the location, size and focus of operational resources. These decisions are concerned with where to locate production facilities, how large each facility should be, what goods or services should be produced at each location, what markets each facility should serve, etc. Capacity: the capacity of operations and their ability to respond to changes in customer demand. These decisions are concerned with the use of facilities, for example through shift patterns, working hours and staffing levels. Decisions about capacity will affect the organisation’s ability to serve particular markets from a given location.  Process technology: the technology of the equipment used in operations processes. For example, the degree of automation used, the configuration of equipment, and so on. Supply network: the extent to which operations are conducted in-house or are outsourced. Decisions about vertical integration are also concerned with the choice of suppliers, their location, the extent of dependence on particular suppliers, and how relationships with suppliers are managed. Structural decisions often involve major capital investment decisions, which once made will set the direction of operations for many years to come. They invariably impact the resources and capabilities of an organisation, determining its potential future output. It may be prohibitively expensive to change such decisions once implemented, and hence these must be considered to be truly strategic decisions for the organisation. It may be much easier to change the organisation’s marketing strategy (e.g. its target markets, or its promotional activities) than it is to change its operations strategy with respect to the structural decision areas. Infrastructure decision areas comprise: * Planning /Control: the systems used for planning and controlling operations. * Quality: the use of quality management policies and practices. * Work Organisation: Business structures, responsibilities and accountabilities in operations. * Human Resources: recruitment and selection, training and development, management style. * New Product Development: the systems and procedures used to develop and design new products and services. * Performance Measurement: financial and non-financial performance management and its linkage to recognition and reward systems. These issues are important to every organisation as this involves the use made up of the operating hardware as discussed above. It is possible to change aspects of operations infrastructure more quickly and easily than the case for operations structure. Nonetheless the difficulty of doing so should not be underestimated or neither should the impact of making inappropriate infrastructural decisions parallel. Conclusion Organisational strategy is concerned with the actions a company takes in order to survive and prosper within the environment it operates over the long-term. Strategy can exist at three levels in an organisation: which are; corporate, business and functional. Any organisation’s operations strategy includes the totality of the actions and decisions taken within the operations function. The decisions or actions taken have a direct impact on the organisation’s business and corporate strategy. An organisation’s operations can be a source of competitive advantage if they are managed strategically in pursuit of a clear goal for operations. These are five possible operations objectives; cost, quality, speed, dependability and flexibility. It is unlikely that any operation can excel at all of these simultaneously, so competitive priorities must be determined on which to base the operations strategy. The process of operations strategy concerns the way in which an organisation develops its operations strategy. This might be top-down (i.e. formed in pursuit of its business and corporate strategy), bottom-up (i.e. formed from the actions and decisions taken with operations), market-led (i.e. formed in response to market requirements) or operations-led (based on the resources and capabilities within its operations). The content of operation strategy consists of the key decision areas concerned with the structure (i.e. the physical attributes of facilities, capacity, process technology and supply network) and infrastructure (i.e. planning and control, quality, organisation, human resources, new product development and performance measurement). Through a value chain, operations strategy would be placed in line with the company supply chain strategies and perspectives where business process are involved. This concerns the pattern of strategic decisions and actions which set the role, objectives and activities of operations. (Slack et al., 2004). References Johnson, g and Scoles, k Exploring corporate strategy, 6th Edition. England: Prentice Hall Ltd Miller, R Jentz, G (2009) Fundamentals of Business , 2nd Edition. England: Cengage Learning Soulsby, S Marsh, J (2002) Business , 8th Edition. London: Nelson Thornes Ltd Rush, J Ottley, M (2006) Business for students. London: Thomson Learning www.wikipedia.org Accessed: 15.20pm: 24.1.12

Law of Protection Business Information Critique

Law of Protection Business Information Critique A critique of the extent of implementing the law of protection business information in Europe and the U.S. Introduction Stealing secretive business information and economic espionages as a result of globalization reveals an increase in the involvement of many commercial blocks to protect business ideas, through a litigation process. Regional economic blocks such as the jurisdiction of the European Union through its Commission as well as the U.S. have increased an extent of laws, from the roots of the international law provisions, so that it can protect the business firms in their jurisdictions from the vices. An important thing to note is that business information regarding the intellectual properties is critical in the center for this discussion through four key areas namely the copyright issues, trademark issues, trade secrets and patent issues. Many of the states in the case study regions have come up with various pieces of law as well as definitions of the trade secrets that they protect which is enforceable throughout the world. The process that enables application of such laws involves the provisions by international treats which might lead to contractual agreements or guide multilateral and bilateral relations between states. Global bodies whose conventions are legally binding such as the United Nations also come up with regulations which, particularly, for the case, protect the way of business information and also trade secrets through the assent by signature to that body. The process of globalization makes many nations to realize the many problems that all states share. However, the capabilities and foreign policy elements of various jurisdictions are not equal. Also, if some of the nations decide to address the problems alone, they may not be able to come up with ways of protecting their citizens or firms in an international platform without the help of the rules guiding the relations between various states. Therefore, it is important that there are not only global bodies present for international protection but also institutions such as the legal departments that come up with the legislations. They should also be able to enforce it through statutory provisions in the conventions signed by parties on a voluntary basis. Ideally, no particular enforcement agency or body is independent in enforcing the laws but only possible with the help of the treaties. Some of the departments are given the directive to undertake certain duties for the purpose of prot ection of the states and their citizens against particular threats. In this case, theft and economic espionage have been on the rise prompting many nations to come up with the laws to protect firms and businesses from this global threat. With the increase in technology, some of the thefts take place even through online systems, such as cyber attacks, which might retrieve the nature of trade secrets regarding the nature of individual strategies of business operations to a particular company and use it for unfair competitive practices. The United Nations conventions also have the specific legislature which addresses this issue and which guides the formulation of constitutional laws by individual countries, to protect the trade secrets at an international level. The paper focuses on the nature and security of the business information, and trade secrets concerning the United States and Europe regarding nature and extent of which the particular countries involve their legal obligations in protecting companies from economic espionage and theft in a global market. Also, the paper will establish whether the recent increase in the litigation process to protect companies from the vices is as a result of the increasing number of the violation of the trade secrets law. The supportive arguments for this study will arise through the survey on the pieces of legislation by the case study countries. The focus is on how they utilize international law and the development of local legislations to guide the nature of business practice, protection of information and enhance fair competition amongst companies that face the threat of stealing trade secrets for their befit. Also, through concentration on the elements of intellectual property, the study will also involve the laws as well as the legal consequences of the violations of the provisions in each of the individual jurisdiction to establish the extent and seriousness of this problem. The purpose is to prove that the blocks are addressing the protection of trade secrets not only to their jurisdiction but also on the internationalization of business. The structure of this paper will involve the discourse on the definitions of the firm secrets by various laws and critical analysis, and assessment of the historical evolution of this principle at the international level. Also, it will conceptualize the law of trade secrets and a discussion of the legal complexities that surround its implementation. Further, the paper will look into the extent of application of the trade secrets principle while discussing the philosophies of intellectual property law in the individual jurisdictions. Lastly, the discussion will give examples of pro-plaintiff and pro-defendant cases as a trend arising from the implementation of trade secrets principle in the United States and Europe jurisdictions. Definitions of trade secrets under international laws and their historical evolutions Firstly, the treaties between states and the international laws are binding on member states due to the ratification and implementation of the Vienna Convention on the law of treaties of 1969[1].The law guides the nature of international relations and in particular contributes largely to the sources of international law in which, its violation has consequences and can be in prosecution in the international court of justice. The treaties also observe the principles of the litigation at a global level such the equal rights and self-determination by the United Nations, which ensures that the sovereignty of all states is equal despite the economic or development differences. On this realization, most of the definitions of trade secrets in the international level arise from such treaties that are binding on all members states in equal measure, especially the rules guiding the nature of conducting trade between countries. In particular, the membership of countries to the WTO is the foundation on the conventions. As an international body, therefore, special rules have to guide the relations of conducting trade between states and also fair practices that will enhance the peaceful relationship within countries. The ratification of the laws by the world trade organizations is as a result of the deliberations of member states regarding emerging problems such theft of trade secrets and economic espionage. Also, it involves coming up with a treaty containing pieces of law with the aid of legal experts that members debate on and agree to it for the purpose of its implementation. The first explanation of the principle by the WTO refers to the perspective through Trade-Related Aspects of Intellectual Property Rights (TRIPS) which views the principle to be commercial and private data that are uniquely applicable to the particular company[2].The law is in consideration as the first one to protect trade secrets at the international level through protecting undisclosed business information regarding copyrights, trademarks of firms, the patents issues and the trade secrets that may result in unfair competitions of businesses. Another important agreement that will also help define the trade secrets and constitute to its historical evolution in the international scene is the Paris Convention for the Protection of Industrial Property by the World Intellectual Property Organizations[3]. Defining trade secrets is similar among many countries which agree that the protection of this principle should have a practical value. In this case, it should involve the stakeholders of the organization and not an individual. They should not be made known to the public. Section seven of TRIPS in one of the articles by WTO outlines not only the law of protecting undisclosed information by business but also its definition. One of the definitions under this treaty by states that are members of WTO addresses the secrecy of the information. The provisions describe the protected information must be secret though the vice is not obsolete. In particular, an owner of a business can reveal the secrets to the firm partners and employee, but the information should not be readily available to the public. Also, those with the secrets should keep them that way on avoiding giving the knowledge to the public. The second aspect is the commercial value of the trade secrets. According to the agreement of TRIPS, private business information is a set of ideas about a business that has a massive market segment, and the protection of the information is to prevent the commercial information from other competing companies that may try to derive the utility out of the trade secrets. Lastly, the definition could be as a result of maintaining secrets using efforts that are reasonable. In this case, the law defines trade secrets as those who fulfill the energy requirement by company owners in protecting their information. The protection of the secret is due to reasons beyond such efforts by an individual that have to be reasonable. Some of the reasonable efforts according to the law, therefore, refer to common law in various countries requiring contractual agreements between the company and employees on the secrecy as well as the confidentiality notices so that the law could be able to protect the information. In an international scene, this consists of the efforts by the companies especially the multinational ones as well as the states of being reasonable and resulting to security provision of the business ideas. In the above definitions by the treaty, it does not offer the civil defense, especially to the technical information protection since it tends to only focus on the commercial perspective of the information. Also, the law does not protect the use information that might be confidential to a company that gets out to the public through fair means in the regular course of competitions primarily technical information such industrial designs. According to the TRIPS, the members of WTO, besides the obligation of the institution to protect commercial and confidential information, individual countries should place national systems to safeguard the businesses under their jurisdictions. However the failure of the treaty to set the standards or extent of the protection, the protection rights have the substantial variation which may even hinder internationalization of business. Some of the examples of such hindrances are the breaches of contract and acquisitions by third parties as a result of mis appropriation that differ across economic blocks around the world[4]. Articles 1 and 10bis of the Paris conventions regarding the industrial property protection is also about the TRIPS agreements as part of the scope of protecting trade secrets. In the article of the Paris conventions, for example, it outlines the requirement of a union in the member states for offering safety to the ownerships of valuable data to be in application. According to the section, the trade secrets include the object patents, industrial designs, trade names, and trademarks, as well as the models of the utility whose sharing with other people apart from the original innovators, may result in unfair practices in the competitive environment. On the other hand, Article 10bis of the same convention also indicates forms of unfair practices and the protection of the trade secrets from this threat. In particular, this law requires that the individual countries of the union should protect their citizens from the threat by legislating against unfair practices, confusion, false allegat ions or indications of misleading the public. The process concerns the nature of activities of the industrial use of products across all economic sectors[5]. Therefore the article addresses the protection of information from the view that trade secrets involve only the intellectual property. The convention also compliments the arguments by the TRIPS regarding the fact that apart from the provisions of the agreements, there is a need for the individual states also to establish national laws. The legislations enhance the protection of property for the business especially the ones protecting the theft of information that could lead to unfair completion if in the hand of competitors. Lastly, in addition to the protection of commercial and confidential information, this convention also gives consideration to technical information which is more critical and the one that builds brands of companies such as the Walmart retail businesses and Apple technologies among other big companies with a unique innovation and presence in the world. Conceptualization of trade secrets law Different states have different opinions regarding the premises of the legislation on providing protection to business concepts at risk. For example, to Europe, an English law on trade secrets is on the assumption breach of confidence regarding the trade secrecy. In the U.S., the premise of the protection law company secrecy is through protection of the business information. Some scholars do argue that no unified theory explains the trade secrets law but however recognizes that it is a collection of norms as well as approaches that offer protection to business information. Therefore, the normative and conceptual ideas indicate that the definition of property extends beyond the actual ownerships to include products as a result of innovation and forms of labor. Also, the rise in the global concern over the issue reveals that the need for protection of this kind of information is critical in enhancing the relations between states. Though other people may view trade secrets as not being property, the future developments of law that protect their rights facilitate the concept that the characteristics of the business information meet the ownership status. The concept goes even further through law provisions in some of the jurisdictions to indicate the fact that the supply of such rights constitutes a duty. For example in the US, the protection of this nature of business property through rights implies that the information has the potential of compensation under the federal constitution. On the other hand, European nations do not consider information as property but instead provide procedures and solutions to facilitate the claims of intellectual properties. Examples of such laws in the European states include the economics and trade secrets law. Therefore, there is the existence of the concept of trade secrecy among many nations. The was increasing efforts through conventions, as well as national legislation in individual states, shows the global concern of the consistent trait of the abuse of property rights under the law of various jurisdictions. The underlying reason, such as the increasing economic espionage cases and the efforts by the governments concern to respond to adverse effects of theft of business information that is confidential, shows that the concept exists. Besides, the consistent nature towards the traits through the consequences of globalization identifies the duty of the international bodies to come up with legally binding agreements. They protect companies from the character of this threat clearly shows the emergence of the concepts as well as the trend of the risk that changes with both levels of technology and internationalization of businesses which also require continued efforts of revising the law t o protect the ideation of the businesses from theft. Underlying philosophies of law on intangibles The discussions around trade secrets in most cases tend to involve the concept of copyright protection. Therefore, it is essential to understand the nature of the concept as well as the underlying principle to enhance the later discussion concerning the extent to which both the United States of America and Europe apply the law of trade secrets in their respective jurisdictions. Also, the basis of the case laws that show the pro-plaintiff and the pro-defendant is this concept especially after the implementation of particular laws in the region as a global trend today. Intellectual property refers to the inventions, creative works, and use of symbols, names or images that identify with a particular company for commercial purposes. On this basis, the intellectual property could be divided into industry ownership and copyright issues. Some of the problems associated with industrial properties include trademarks designs and geographical indications. On the other hand, copyright involves writings and artistic works, and architectural drawings. In some cases, performing artists such as singers have specific rights which relate to copyrighting. The same applies to recordings by both radio broadcasts and television programs among other examples that copyright their material to prevent other people from using the information without their permission which in most cases involve attaching a commercial value for the usage of the products. The intellectual property rights include the allowance of individuals as well as companies with unique information to benefit from their work or ideas regarding the commercial use of their products. Some universal treaties, such as the universal declaration of human rights in Article 27 outline some of these rights[6]. Also, apart from the Paris Convention for the protection of industrial property in the earlier discourse, the Berne Convention for the Protection of Literary and Artistic Works of 1886 by the World Intellectual Property Organization (WIPO) also provides some of the rights[7]. Such incidences of protection of the kind of properties indicate that there are significant reasons why the world organizations should legislate to protect trade secrets. One of the reasons is that legal protection, especially to new creations in culture and technology, encourages many companies to come up with supportive measures such as additional resources for new products that will improve hum anity. Also, through this protection, the countries could experience faster economic growth, higher quality of life as well as opening up of the employment opportunities. Therefore, the protection creates a level of the interest of people with the idea and also the citizen concerns that many states serve. The occurrence of common problems through the globe also require the efforts of agreements such as through the convention to help protect the common international interests of member states since the occurrence of some of the problems such theft of information has no boundaries. Patents offer exclusive rights to inventions or technical solutions towards particular problems in most cases up to twenty years. They are necessary to provide incentives to the investors as recognition of their creativity and innovation. Patents offer protection that prevents the information from commercial production, distribution or use without consent from the owner. In this scenario, the courts enforce the protection of these rights. A patent holder could, therefore, have the exclusive right to give the information to anyone of their choice with particular confidential requirements of not sharing. Once the period expires, then the information can be free for use by the public. A trademark refers to a unique sign that is in the identification of a particular type of product.ÂÂ   The clients using the product have a relation with that particular sign. Other companies may try to copy the trademark as the way to create confusion within the customers and therefore, have an opportunity to make some of the clients to buy their products that result in unfair competition practices. Trademark protection, therefore, ensures that the owners have the rights of using the mark exclusively as a brand of their products. The courts determination also enforces the legal complexities surrounding the issues. They promote the recognition and financial gains by individuals or enterprises. They can consist of drawings, symbols, or numerical having distinguishing features. The registration of the trademarks is widespread in many countries, but however, in most cases, the impact of the brands might be restricted to the individual countries. A geographical indication is a particular location in which the product originates due to its reputation due to the place. For example, Arabian coffee or electrical appliances manufactured by the United Kingdom among others indicate that the location of that production is significant for the usage of the product. Some people might locally produce or make the products that constitute limitations for financial gain and unfair competition practices aimed at only making the profit using another companys geographical indicator. Some of the valuable reputations are vulnerable to misuse and are interpretation hence the need to protect them. In most cases, the protection is through national laws under other provisions of the law on rights. Also, WIPO through international agreements such as the Lisbon agreement and other meetings that allow member states to enhance international protection. The last one involves the copyrights where the owner of such rights can be able to prohibit or permit the use of their information that is of their originality. The examples of these applications may include a reproduction of content, public performance, broadcasting, language translation or adoption to other forms with the consent of the owner. The law applies to right from the production, distribution and to the end user of the products. The economic rights regarding the copyrights also allow companies to purchase some of the rights or give compensation for the use of the content by an individual or business such as through partnerships. In most cases, the nature of this relationship is through the directive of contractual agreements for enforcement by law[8]. The protection of the copyright rights enhances creativity and innovation. However, with the increasing technological advancement, some of the materials may be readily available through online platforms. Organizations such as the WIPO through the WIPO Copyright Treaty (WCI) also provide the rights[9]. Also, the WIPO Performances and Phonograms Treaty (WPPT) provide the rights of using creative workers over the internet to as to protect the copyright of the owner regarding usability and economic compensations[10]. Critique of the extent of business information law in Europe Recently, protecting business ideas in Europe has made progress of legislative developments as a result of the involvement of the European Commission and ratification by the European Parliament. One of the major, legal arsenals of the industrial players in Europe is the use of patent law to protect their technology. Reports reveal concerns that the laws are not sufficient to address the problem of industrial espionage in the technological fields. In particular, the issue discusses the threat of leaking such information through former workers in companies, contractors or the other third parties. The legal complexities that both the industrial players and the European Union involve in are due to two primary reasons. The first reason is that recognition of the need to protect the trade secrets will help increase the levels of innovation in Europe and allow it to compete in an efficient manner with other jurisdictions having more protection such as the United States. The second reason is to provide a response to the increasing cases of stealing of technology within European businesses. One of the litigation to enhance the national laws is to strengthen the proposed directive which aims at breaching the gap through harmonization of existing laws. There is need to review the company laws will also help in increasing the research and development activities by balancing the leveling of the trade secret protection throughout the Europe countries to reach the same levels[11]. The formulation process is careful to ensure fair competition between various companies and the issue regarding the freedom of workers and their mobility in implementing it. Also, the legislation has to put into consideration the avoidance of restricting the independent contractors. The reasons include the fact that the scope of protection that goes beyond patent rights only and that trade secret do not only involve technological products but information with commercial value too. The need for the new legislation is the increase in the theft through digital platforms involving activities such as cyber-attacks that might potentially disclose the confidential information to the particular regarding a particular company. As a result, a report by European Commission study on secrecy off information of companies shows the use of the protection of the company secrets across all the European countries. Lastly, the definition of trade secrets as the know-how through the European Commission Technology Transfer Block Exemption Regulation (TTBER) also requires review to widen the definition scope[12]. According to Article 1.1(i) of TTBER, trade secrets are not known or accessible, have strong use in production and contractual activities and not easily identified. Therefore, through the implementation of the litigation content, the nature of business practice will involve fairness, and positive development through better protection of the trade secrets. Critique of the extent of trade secrets in the US The United States is one of the most advanced countries regarding the protection of trade secrets through the international law application, the federal law and lastly the state law. In the US, the trade secret refers to confidential information that is also commercial which gives a substantial competitive advantage[13]. Some of the trade secrets include customer lists, marketing strategies, and pricing information. One of such secrets is the Coca-Cola formula for its products. Today, the trade secrets are increasingly becoming among the most significant valuable assets that are not tangible. The theft of these trade secrets leads to massive losses especially by the American firms to leaks by employees, foreign governments and lastly through corporate competitions. Most of the theft occurs through cyber-attacks, advanced technology, and communication devices which increase anonymity of the individuals or organizations behind the vice. In the United States, protecting information on companies lies in the jurisdiction regarding the law of states. However, the other elements such as patent information, trademarks and copyrights are a responsibility of the federal law. According to the state law, the owners of a trade secret could file lawsuits against the known individuals that misappropriate such information. In the federal law, statutes such as the Economic Espionage Act (EEA) 1996 many also protect through prosecution, in particular, a situation where the confidential information many benefit another foreign state, instruments or agent[14]. In a case where the information is for use in interstates, the law also applies in ensuring that the owner of that kind of information gets protected from the usage of that information without their consent. According to this law, the attorney general has a legal duty to bring to a civil action or obtain an injunction that is against any violation. However, it is difficult for the federal government to adequately protect the trade secrets whose owners are the US citizens. The reason is that the US department of justice, as well as the federal bureau of investigation, has less power regarding the enforcement of the law on violations of trade secrets. In particular, their investigative and prosecution duty is not in facilitation with the provisions of the law. However, through urging the Congress to adopt a more elaborate law including the federal trade secret law that is uniform across the states, it will allow dealing more effectively the problem of stealing trade secrets. The process could help most of the companies in the US to seek injunctions relief as well as the monetary benefit especially in cases in violating theft of the business information as well as assets. One of the legislations in the 114th Congress that will give the power of private action to the federal government includes the Defend Trade Secrets Act (DTSA) (H.R. 3326 and S. 1890)[15].ÂÂ   The process is through a substitute amendment to the statute through the house senate judiciary committee in early 2016. The Uniform Trade Secrets Act (UTSA) of 1979 is the first effort by law through the National Conference of Commissioners on uniform state law before the effort by the federal government of the espionage act[16]. Regarding the state laws, the law of the common torts applies for cases involving misappropriation. The UTSA helps through consolidating the universal laws that Forty-seven states have adopted. The Senate Judiciary Committee continues to increase in the application of procedural and substantive standards towards protection of trade secrets. Enforceable laws under the federal government that will protect secrecy of the ideas of business the Trade Secrets Act and the Economic Espionage Act[17]. The first one involves a warning to government officials not to disclose information that is confidential as well as trade secrets enacted in 1948. The consequences could lead to removal from office. On the other hand, the Economic Espionage Act of 1996 is to address increasing threats to the US businesses hence the scheme to protect trade secrets. The act involves two offenses which include stealing business data to make gains to another states organization or individual and also the trade secret theft for a financial benefit of another party. Lastly, through the international law, the United States offers a more elaborate legal protection of the trade secrets. The US complies with the provisions of TRIPS as well as the provisions of the WTO[18]. Also, through provisions of other bilateral or multilateral Free Trade Agreements (FTAs) are significant in the protection of the intellectual property through the delivery of TRIPS agreement[19]. Pro-Plaintiff or Pro-Defendant Trends Arising From the Implementati