Analysis of Singapores Intellectual Property Laws

analysis of capital of capital of capital of capital of capital of capital of capital of capital of capital of capital of Singapores capable airscrew jurisprudencesThe Issue of quick topographic point ProtectionFrom the previous assignment, we buzz finish up look into the skids involving McDonald club and prox opening PTE LTD, we slang in each fibre introduced the basic clever plaza impartialitys and how they be inter-related to one a nonher. In this assignment, we will analyze the Singapore constabularys that is related to the themes bear on, and indeed we will provide recommendation to give our client a divulge idea of the rules and regulations they should abide.Summary of the shieldsMcDonald deal and forthcoming opening move PTE LTD, core-operating whole of happy nourishment pudding stone Holding special, atomic number 18 tough in dickens right show windows during the period of 2003 to 2007. McDonald lost the scratch line baptistery in 2003 as the find occasiond by futurity Enterprise is visually unalike from McDonald Corporation. Furthermore, future(a) Enterprise has its bird of Jove device while McDonald Corporation has its golden archer. Therefore, the burnishing material scheme, font, and subjectface on the adjust of the future tense Enterprise is precise distinguishable from the one manipulationd by McDonald Corporation. McDonald Corporation sued in store(predicate) Enterprise once more in 2005 for amending the logo of MacC bump get rid ofee by dropping the shoot device. McDonald Corporation has won this accost of justice facial expression everyplace against next Enterprise as there is a higher chance of confusion that will occur in the universe and both products label be relate to deep br proclaim beverages.Both cuticles mentioned to a higher place argon inter-related with each other as both cases snarly the keen Property right of passel filth subroutine (TMA) where s15 of the TMA is highly emphasized. In the midst of both cases, both McDonald Corporation and approaching Enterprise befuddle make various conjure ups to the cases and this shows that both companies shoot the great intention and desires to nurture their relegate a leak trade attach. The connection among both cases shows that McDonald wanted to monopolize their trade prepare as far as food and beverages were concerned. upcoming Enterprise which in like manner wanted to conserve its right of the affix Mac in the alike industry tried its best to master(prenominal)tain its position.Description and Analyze of the Singapore rectitude toughIn the case study, the Singapore constabulary that heterogeneous is importantly the allot brand name and handing e veryplace hit laws infra(a) the bright Property faithfulness. The laws involved puke be classified into deuce main categories of park justness and Statute righteousness.Statute Law complex (Refer to appendices piece A, A 1 for definition of Statute Law)The Statute Laws that are applicable in the following case are plane section 12(1), variance 15 and role 23(1) of the vocation seagulls typify (Cap 332, 1992 Rev Ed). Below are the descriptions of the assorted section of laws involved and the reasons why it is involvedSection 12(1)Any mortal claiming to be the proprietor of a trade tendency gived or proposed to be enjoymentd by him who is desirous of registering it shall apply in piece to the Registrar in the prescribed manner for registration in region A or B of the register.ReasonMcDonald Corporation claims that future day Enterprises immortalise were non make in good faith as it has d aver a label expression of using the affix Mac follows by a food or beverage descriptive. This is confusable to McDonald Corporation duty assignment traffic pattern for their products, which McDonald Corporation feels that forthcoming Enterprise is do map of connatural naming convent ion to promote their products.Section 15It shall not be lawful to register as a trade range or part of a trade signaling any(prenominal) matter the utilisation of which would, by reason of its being likely to victimize or causation confusion or otherwise, be disentitled to harborion in a motor hotel of justice, or would be contrary to law or morality, or any scandalous design.Reason McDonald Corporation claims that the naming convention and the using of the affix Mac adoptive by next Enterprise would likely to lead astray or intellect confusion among the domain. McDonald Corporation feels that the consumers may be misled intellection that Future Enterprises stag is a series of bell ringer belong to McDonald Corporation.Section 23(1)Except as provided by section 25, no trade dirt shall be registered in comply of any goods or description of goods that is analogous with or nearly resembles a trade gelt belong to a diametrical proprietor and already on the register in repute ofThe analogous goodsThe same description of goods orServices or a description of services, which are associated with those goods or goods of that description.ReasonMcDonald Corporation claims that Future Enterprises mark is selfsame(a) and has a near resembled to their stylemark. McDonald Corporation as well claims that Future Enterprises label are associated with their goods in respect of restaurant and catering services as McDonald Corporation regards victuals and Beverages is associated with hotel or restaurant service. frequent Law Involved (Refer to appendices Section A, A 2 for definition of Common Law)There are quite a number of Common Laws involved in our case study, we will look into the major cases that are referred to in synonymic to the dis confusable sections of flip-flop patsy Act that are involved. (Refer to appendices Section A, A 3 for other cases referred (Common Laws))Case refers synonymic to Section 12 (Refer to appendices Section A, A 4 f or the summary of the case)Tiffany Co v Fabriques de Tabac Reunies SA 1999 3 SLR 147 (folld)McDonald Corporation referred to the mentioned case as a support to enhance the claim that Future Enterprises mark is not make in good faith, claiming that Future Enterprise was make use of the prefix Mac to promote their products to the unexclusive through the railroad tie to McDonald Corporation. Case refers corresponding to Section 15 (Refer to appendices Section A, A 4 for the summary of the case)McDonalds Corporation v McBagels Inc (85 Civ 7868, 10 December 1986) (refd)McDonald Corporation referred to the mentioned case as a support to enhance the claim that using the prefix Mc or Mac as a naming convention will pass on confusion in the public to think that Future Enterprises products that has the name mark of Mac is associated to McDonald.Dispute and Resolution MechanismSingapore has its declare hierarchy of mashs when griping with Criminal and Civil Law. (Refer to appendices S ection A, A 5 for the diagram of Singapores hierarchy of mashs)Singapore Law system is very strict and serious to trade mark offences, it has imposed a exquisite of up to $100,000 and/or imprisonment for a maximum term of 5 years for criminal liability in infringement act. For civil infringement, the act can award statutory damages of up to $1million. Usually, the High homage in the hierarchy of Singapore judicature system will homecoming away with intellectual spot disputes and infringement.Referring to the Case Study, the case is dealt in High flirt but due to apostrophize, the case is later brought into the chat up of speak to in resolving the case.Laws and their relevancy to the caseRelevant laws and their crosscutUnder s12(1) of the Act that the respondents claim to proprietorship of the three mark was not do in good faith as it had copied the common limpidive prefix of the appellants family of attach, namely, McUnder s15 of the Act that the registration of the three mark would likely lead astray or cause confusion to the public andUnder s23(1) of the Act that the finish marks were identical with or nearly resembled the trade marks belonging to the appellant.Fairness and un mediocrenessFirst case (Refer to appendices Section B, B 1 for Scenario of world-class case)It was decided in the first case that McDonald was unable to full point Future Enterprise form producing their products due to infringements of stigmatises. I believed that the decision was bonny as many point was provided to prove that Future Enterprise had do an effort to make their products translucentive to prevent confusion to the public.The examine, from the article says that the products Future Enterprise produced were packaged with an eagle logo and it was change mainly at NTUC FairPrice and Mustafa supermarkets in Singapore. This evidence enhances the point that Future Enterprise and McDonald were selling products targeted at different audiences from di fferent markets.Furthermore, the article in like manner showed that Future Enterprise has had its bear product logos and color schemes different from McDonald. This point further showed that the marks were different whether it is in the aspects of appearance, sound or concept. Thus, it proves that customers/consumers had more ways to speciate among the products of these 2 organizations, which further enhance the fairness of the judgment for this case. last but not least, McDonald further protested that it had spent millions of dollars to become goodwill for it Mc series of marks, but evidence showed from the article says that Future Enterprise had to a fault spent substantial time and resources in order to gain fruition from global market leaders. Therefore, it is fair to say that Future Enterprise did not cause loss whether in goodwill or financial damages, therefore I think it is fair to say that fair judgment were make in this case.Second case (Refer to appendices Section B, B 2 for Scenario of back case)In the trice case, Future Enterprise was brought up to judicatoryyardyard by McDonald again as they wanted to update their product design by dropping off their eagle logo. McDonald felt that their marks and naming conventions would be relatively homogeneous which could cause confusion if Future Enterprise were to do out the distinctive eagle logo.Evidence from the article says that the two names sounded and looked alike alike, and a substantial amount of average Singaporean would be confused with these two products. And likewise, the concept also was proved to be alike whether it is the products they are selling or the locations that they are selling the products.But, in our sustain opinion, we felt that there was inequitableness presented in this judgment. In the first Court case between McDonald and Future Enterprise, it was judged that there were too many differences between McDonald and Future Enterprise whether it is in their logo, the products they sells or the audience they targeted. Thus, MacCoffee was able to be registered as a hallmark and McDonalds appeal were push aside. Yet, in the back judicial system case, Future Enterprise loses the chance for its MacCoffee to be registered as a brandmark name as they decided to drop their distinctive eagle logo.The first case produced that there were unanimous decisions in believing that products from Future Enterprise were not equivalent, whether in visual, sounds or concept, in comparison with products from McDonald. And also, evidence from the first case depositd that the audience they targeted was remarkably different and the products they exchange were also different.The judgment of the trice case said that their marks were too similar and it would cause confusion after they drop the eagle logo. The appeals were pink-slipped with $10,000 payment do from Future Enterprise to McDonald. We felt that this judgment were unsportsmanlike as there were c ontradictions which existed within this two cases.The products they sold were relatively different, ready-to-drink beverages from McCafe, and 3-in-1 deep br avouch mix from MacCoffee. This presented a huge contrast between the products sold by the 2 organizations. Also, since it was decided in the first court case that the logos, subject font, color schemes and targeted audiences were different for products of this 2 organizations, it should be brought up in the second case too in order to ensure fairness in this case. Thus they should take it into consideration of all these differences in the second court case rather than just concentrating on the similarities caused by the removed logos. locomote to further protect intellectual home rightsFor McDonald CorporationIncrease the monopolisation of the prefix Mc into other service area that their business cleverness want to expand into or start out influence on. This is because the use of Mc is only subjected to McDonald in hotel and restaurant service and they energy consider the use of this prefix into other service area and then, McDonald can maintain the rights of this prefix in other areas and future companies wont make use of the prefix in the same service area.For fare conglomerate Holdings fodder Empire Holdings could distinguish itself to McDonalds on the MacCoffee and McCafe by using back their earlier registered mark which appears below an eagle device, on its coffee products. This eagle device can play a part in determining whether the exercise mark is the same as McDonalds. (Refer to appendices Section B, B 1 for the picture of Food Empire promotion)RecommendationAs a consultant engaged by a big advertising company Do-It-Right curb, we are responsible to physical composition on the state of intellectual airscrew protection in Singapore and to generally advise them whether there is an inherent and prevailing culture that esteem other psyches intellectual property rights. Thus, to start with it, we will recommend Do-It-Right Limited go with to advice their multinational clients to to a lower placestand their take country intellectual property laws and the procedures of registering the stigmatize.In Singapore intellectual Property Law, it is categorized into 6 main areas of Copyright and Neighboring Rights, Industrial Designs, Patents, Confidential Information/Trade Secrets, Trade objects and crack Off. These are the 6 main areas chthonic that cerebral Property Law where the client ought to have a general experience of as down the stairsstanding the laws in each area will be able to help clients to have it away the ways or methods to safeguard their intellectual properties by greeting which the areas of laws they should look into.To further protect clients intellectual property rights, it is a best advice for client to register their product.For ExampleIf an organization know that their property or design can be register under the Trademark protection , it is best to register in order to be under law of protection instead of jumped protection. This is to ensure when an issue modernize of a rival company copying the organization product or design.Organization in this case can use passing off law to protect their rights but this will turn up them to have restrain law of protection if they fail to register their product design.Moreover, Trademark Law offer a great degree of protection comparing to Passing Off Law as Passing off Law demand the breaching of Goodwill, Misrepresentations and Damage in order for the Law to take into consideration or effect. Thus in conclusion, it is important for Client to register their product or design under the Intellectual Property Law of protection to have more natural coveringage of protection last-placely, we will also advice them to research on their competitors logo and name to avoid any misinterpretation and misunderstand of their own logo and name to their competitors. It is strongly re commended to use a unique and distinct design for their logo and name, which will lessen the chances of their competitors imitating their name and logo.Conclusion finished our case study on Mc Donald Corporation and Future Enterprise, we have a deep understanding about Intellectual Property Law in Singapore and how it can truly save guard our own personal property. We are also able to analyze the cases and discuss whether the Singapore Courts had do a right judgment. We had gained noesis of Singapore Courts dealing with cases that involved the Intellectual Property Rights and know the importance of Intellectual Property that under the coverage of law to protect the important asset of an organization.References1McDonalds Corp v Future Enterprises Pte Ltd 2Food Empire Holdings Ltd 3 McDonalds Wikipedia, the free encyclopedia 4 take in to McDonalds 5 McDonalds Singapore 6 Singapore Intellectual Property Lawsection5 7 Trademark Wikipedia, the free encyclopedia 8 Passing off W ikipedia, the free encyclopedia 9 McDonalds Corp v Future Enterprises Pte Ltd 10 Rules of Court AppendicesExtra Information Section A A 1 Statute Law Statue Law is written law that is peed by governance authority like the parliament in the form of legislation to state out the civil order of the country and to implement and clarify the policies and operations of the government. Statute Law is also the law that state the consequences or punishments for committing a certain criminal or civil crime such as the Trademark Act or Passing off Act bare-assed law can be introduced and existing law can be taken away in order to accommodate to the nation. A 2 Common Law Common Law is unstated or spontaneous law that is created by judges through court decisions. The decisions made by the judges on current case will depend on the decisions made in similar previous cases that took place. In other word, similar infringements and disputes, that have taken place in previous cases, will result t he current case to follow the decisions and reasoning that being used. Common Law system is complicated, as the decisions made in previous cases will make a motion the law in future cases and is totally distinguish from Statute Law. Moreover, the decisions made are bounded within a limited given jurisdiction. E.g. Decisions made in higher court such as Court of compendium will guess the decisions in lower court. A 3 Case(s) referred to (Common Law)Australian Woollen Mills Limited v F S Walton and alliance Limited 1937 58 CLR 641 (refd)Auvi Pte Ltd v Seah Siew Tee 1992 1 SLR 639 (folld)Bali Trade typeset 1969 RPC 472 (refd)Beck Koller Company (England) Limited, In the social occasion of an employment by 1947 64 RPC 76 (fold)Brown Shoe Company Inc, application program by 1959 RPC 29 (folld) circus Cruise Lines Inc v Sitmar Cruises Ltd 1994 120 ALR 495 (folld)Compatibility Research Ltd v Computer school principal Company Ltd 1967 FSR 63 (refd)Future enterprise Pte Ltd v Tong Seng Produce Pte Ltd 1998 1 SLR 1012 (refd)Genette Trade go under 1968 RPC 148 (folld)Harrods Limited v Harrodian School Limited 1996 RPC 697 (refd)Karu Pty Ltd v Jose 1994 30 IPR 407 (folld)Kellogg Co v Pacific Food Products Sdn Bhd 1999 2 SLR 651 (folld) prise Brothers Ltd v Bedingfield 1899 16 RPC 3 (folld)Lifestyle 1.99 Pte Ltd v S$1.99 Pte Ltd 2000 2 SLR 766 (folld)McDonalds Corporation v McBagels Inc (85 Civ 7868, 10 December 1986) (refd)McIndians, In the matter of an application to register the mark (UK Patent Office 16 August 1996)(refd)McMint, encounter by McDonalds Corporation to the registration of the trademark (Australian Trade Mark Office, 7 November 1997) (folld)McSalad and McFresh, opposite by McDonalds Corporation to the registration of the trademark (Australian Trade Mark Office, 1 whitethorn 2000) (not folld)McVeg, Opposition by McDonalds Corporation to the registration of the trademark (Australian Trade Mark Office, 10 November 1997) (folld)PB Foods Ltd v Mala nda DairyFoods Ltd (1999) 47 IPR 47 (distd)Pianotist Company, In the point of an Application by (1906) 23 RPC 774 (folld)SEMIGRES Trade Mark 1979 RPC 330 (folld)Shell Co of Australia Ltd v Esso Standard Oil (Australia) Ltd (1963) 109 CLR 407 (folld)Shell Co of Australian Ltd v Rohm Haas Co (1949) 78 CLR 601 (refd)Smith, Hayden Coy Ld, In the be of an Application by (1946) 63 RPC 97 (refd)Soldan Holding + Bonbonspezialitaeten GmbH, Re Application by (Singapore Trade Marks Registry, 20 July 2001) (refd)Sports Caf Ltd b Registrar of Trade Marks (1998) 42 IPR 552 (folld)Super Coffeemix Manufacturing Ltd v Unico Trading Pte Ltd 2000 3 SLR one hundred forty-five (folld)Tiffany Co v Fabriques de Tabac Reunies SA 1999 3 SLR 147 (folld)UNIMAX Trade Mark 1979 RPC 469 (folld)Vitamins Lds Application, In the social function of 1956 RPC 1 (folld)Wagamama Ltd v City Center Restaurants plc 1995 FSR 713 (refd)Yuen Yu Kwan Frank v McDonalds Corporation 2001 WL 1422899 (refd) A4 Summary of cas es for Common Laws Summary of Case refers corresponding to Section 12 Tiffany Co opposed the registration of the mark Tiffany by Fabriques de Tabac Reunies SA on cigarettes though Tiffany Co has no monopoly in cigarettes industries. This may results in confusion as the entire word mark Tiffany was being copied over and the public might think that the cigarettes sold is produced or has connection to Tiffany Co upon seeing the Tiffany band of cigarettes. Summary of Case refers corresponding to Section 15McDonald Corporation objected the use of McBagel in bagel bakery restaurant, as it would create confusion in public that people might think that McBagel is in some manner associated with McDonald Corporation. Moreover, a survey was conducted and numerous people believed that McBagel was associated to McDonald Corporation due to the use of the prefix Mc. A.5 Diagram of Singapores hierarchy of CourtsSection BB 1 Scenario of first caseMcDonald had wanted to knap listed Future Enter prises from distributing products named MacNoodles, MacTea and MacChocolate. However, the court of appeal decided in a unanimous decision that the three trademarks were not deceptively similar to McDonalds Mac or Mc prefix. Thus in this case, the laws of protect trademarks did not help McDonald to stop Future Enterprise from distributing their products, and also Future Enterprise were able to win this case as they did not breach the law of passing off.B 2 Scenario of Second caseThe dispute continues as Future Enterprise, a subsidiary and core whole of listed Food Empire Holding decided to updates it product design, MacCoffee to drop its superior eagle design. McDonald objected as the similarity now existed when Future Enterprise decides to take out its distinct eagle design.After objection arose, Future Enterprise appealed for the MacCoffee brand to be registered as trademark, which in the end the appeal was dismissed. The laws of defend trademark in this case were being carried out. MacCoffee were not distinct complete to be registered as a trademark, thus the appeal was dismissed. Also, after removing the eagle design, it was judged that goodwill was breach in terms of causing confusion to the public with similar products. Thus McDonald had successfully won this case with the appeal and Future Enterprise appeals were all dismissed and they were to pay a sum of $10,000 to McDonald to cover their loss.Section C C 1 Pictures of Food Empire MacCoffe furtheranceOld Packaging New PackagingSchedule of Meeting day of the monthDiscussion28th whitethorn 2008Analyze the cases Facts Inter-relationshipTasks allocated to each of the members30th May 2008Discuss the research done Singapore Laws (Statute Law Common Law) Singapore Courts Intellectual Property RightsStarted the piece opus5th June 2008Continuation of the piece of musicModification of floor Error Checking Rephrasing9th June 2008Finalization of the report cream Plan3.1 Description of AssignmentT he objective for this final report gives us more understanding of the Singapore Laws that can be applied to these two cases. We are able to apply our basic knowledge learned in the lecture to discuss whether the cases had been judge fairly.3.2 Team MembersNur Afidah Binte Afandi, Mark Heng Kok Hoong, Teo Lay Hoon, Goh Kok Jui Kelvin, Chai Guo Wei line of works encountered and Solutions 4.1 trouble Time Consume Solution Planning out the schedule what we should do first and what should we do next helps to cut down the time wastage.Analysis of Singapores Intellectual Property LawsAnalysis of Singapores Intellectual Property LawsThe Issue of Intellectual Property ProtectionFrom the previous assignment, we have look into the cases involving McDonald Corporation and Future Enterprise PTE LTD, we have also introduced the basic intellectual property laws and how they are inter-related to one another. In this assignment, we will analyze the Singapore Laws that is related to the cases involv ed, and consequently we will provide recommendation to give our client a correct idea of the rules and regulations they should abide.Summary of the casesMcDonald Corporation and Future Enterprise PTE LTD, core-operating unit of Food Empire Holding Limited, are involved in two law cases during the period of 2003 to 2007. McDonald lost the first case in 2003 as the mark used by Future Enterprise is visually different from McDonald Corporation. Furthermore, Future Enterprise has its eagle device while McDonald Corporation has its golden archer. Therefore, the color scheme, font, and typeface on the mark of the Future Enterprise is very different from the one used by McDonald Corporation. McDonald Corporation sued Future Enterprise again in 2005 for amending the logo of MacCoffee by dropping the eagle device. McDonald Corporation has won this court case against Future Enterprise as there is a higher chance of confusion that will occur in the public and both products names are relate t o coffee beverages.Both cases mentioned preceding(prenominal) are inter-related with each other as both cases involved the Intellectual Property Law of Trade Mark Act (TMA) where s15 of the TMA is highly emphasized. In the midst of both cases, both McDonald Corporation and Future Enterprise have made various appeals to the cases and this shows that both companies have the great intention and desires to protect their own trademarks. The connection between both cases shows that McDonald wanted to monopolize their trademark as far as food and beverages were concerned. Future Enterprise which also wanted to conserve its right of the prefix Mac in the same industry tried its best to maintain its position.Description and Analyze of the Singapore Law InvolvedIn the case study, the Singapore Law that involved is mainly the Trademark and Passing off laws under the Intellectual Property Law. The laws involved can be classified into two main categories of Common Law and Statute Law.Statute La w Involved (Refer to appendices Section A, A 1 for definition of Statute Law)The Statute Laws that are applicable in the following case are Section 12(1), Section 15 and Section 23(1) of the Trade Marks Act (Cap 332, 1992 Rev Ed). Below are the descriptions of the different section of laws involved and the reasons why it is involvedSection 12(1)Any person claiming to be the proprietor of a trade mark used or proposed to be used by him who is desirous of registering it shall apply in writing to the Registrar in the prescribed manner for registration in spark off A or B of the register.ReasonMcDonald Corporation claims that Future Enterprises marks were not made in good faith as it has adopted a naming convention of using the prefix Mac follows by a food or beverage descriptive. This is similar to McDonald Corporation naming convention for their products, which McDonald Corporation feels that Future Enterprise is making use of similar naming convention to promote their products.Secti on 15It shall not be lawful to register as a trade mark or part of a trade mark any matter the use of which would, by reason of its being likely to shop or cause confusion or otherwise, be disentitled to protection in a court of justice, or would be contrary to law or morality, or any scandalous design.Reason McDonald Corporation claims that the naming convention and the using of the prefix Mac adopted by Future Enterprise would likely to deceive or cause confusion among the public. McDonald Corporation feels that the consumers may be misled thinking that Future Enterprises mark is a series of mark belonging to McDonald Corporation.Section 23(1)Except as provided by section 25, no trade mark shall be registered in respect of any goods or description of goods that is identical with or nearly resembles a trade mark belonging to a different proprietor and already on the register in respect ofThe same goodsThe same description of goods orServices or a description of services, which are associated with those goods or goods of that description.ReasonMcDonald Corporation claims that Future Enterprises mark is identical and has a near resembled to their trademark. McDonald Corporation also claims that Future Enterprises marks are associated with their goods in respect of restaurant and catering services as McDonald Corporation regards Food and Beverages is associated with hotel or restaurant service.Common Law Involved (Refer to appendices Section A, A 2 for definition of Common Law)There are quite a number of Common Laws involved in our case study, we will look into the major cases that are referred to in corresponding to the different sections of Trade Mark Act that are involved. (Refer to appendices Section A, A 3 for other cases referred (Common Laws))Case refers corresponding to Section 12 (Refer to appendices Section A, A 4 for the summary of the case)Tiffany Co v Fabriques de Tabac Reunies SA 1999 3 SLR 147 (folld)McDonald Corporation referred to the mentione d case as a support to enhance the claim that Future Enterprises mark is not made in good faith, claiming that Future Enterprise was making use of the prefix Mac to promote their products to the public through the connectedness to McDonald Corporation. Case refers corresponding to Section 15 (Refer to appendices Section A, A 4 for the summary of the case)McDonalds Corporation v McBagels Inc (85 Civ 7868, 10 December 1986) (refd)McDonald Corporation referred to the mentioned case as a support to enhance the claim that using the prefix Mc or Mac as a naming convention will result confusion in the public to think that Future Enterprises products that has the name mark of Mac is associated to McDonald.Dispute and Resolution MechanismSingapore has its own hierarchy of Courts when dealing with Criminal and Civil Law. (Refer to appendices Section A, A 5 for the diagram of Singapores hierarchy of Courts)Singapore Law system is very strict and serious to trade mark offences, it has imposed a bonny of up to $100,000 and/or imprisonment for a maximum term of 5 years for criminal liability in infringement act. For civil infringement, the court can award statutory damages of up to $1million. Usually, the High Court in the hierarchy of Singapore Court system will deal with intellectual property disputes and infringement.Referring to the Case Study, the case is dealt in High Court but due to appeal, the case is later brought into the Court of Appeal in resolving the case.Laws and their relevancy to the caseRelevant laws and their applicationUnder s12(1) of the Act that the respondents claim to proprietorship of the three marks was not made in good faith as it had copied the common distinctive prefix of the appellants family of marks, namely, McUnder s15 of the Act that the registration of the three marks would likely deceive or cause confusion to the public andUnder s23(1) of the Act that the application marks were identical with or nearly resembled the trade marks belo nging to the appellant.Fairness and unfairnessFirst case (Refer to appendices Section B, B 1 for Scenario of first case)It was decided in the first case that McDonald was unable to stop Future Enterprise form producing their products due to infringements of trademarks. I believed that the decision was fair as many evidence was provided to prove that Future Enterprise had made an effort to make their products distinctive to prevent confusion to the public.The evidence, from the article says that the products Future Enterprise produced were packaged with an eagle logo and it was sold mainly at NTUC FairPrice and Mustafa supermarkets in Singapore. This evidence enhances the point that Future Enterprise and McDonald were selling products targeted at different audiences from different markets.Furthermore, the article also showed that Future Enterprise has had its own product logos and color schemes different from McDonald. This point further showed that the marks were different whether i t is in the aspects of appearance, sound or concept. Thus, it proves that customers/consumers had more ways to key out between the products of these 2 organizations, which further enhance the fairness of the judgment for this case.Last but not least, McDonald further protested that it had spent millions of dollars to create goodwill for it Mc series of marks, but evidence showed from the article says that Future Enterprise had also spent substantial time and resources in order to gain acknowledgment from global market leaders. Therefore, it is fair to say that Future Enterprise did not cause loss whether in goodwill or financial damages, thus I think it is fair to say that fair judgment were made in this case.Second case (Refer to appendices Section B, B 2 for Scenario of second case)In the second case, Future Enterprise was brought up to court by McDonald again as they wanted to update their product design by dropping off their eagle logo. McDonald felt that their marks and namin g conventions would be relatively similar which could cause confusion if Future Enterprise were to take out the distinctive eagle logo.Evidence from the article says that the two names sounded and looked too alike, and a substantial amount of average Singaporean would be confused with these two products. And also, the concept too was proved to be similar whether it is the products they are selling or the locations that they are selling the products.But, in our own opinion, we felt that there was unfairness presented in this judgment. In the first Court case between McDonald and Future Enterprise, it was judged that there were too many differences between McDonald and Future Enterprise whether it is in their logo, the products they sells or the audience they targeted. Thus, MacCoffee was able to be registered as a trademark and McDonalds appeal were dismissed. Yet, in the second court case, Future Enterprise loses the chance for its MacCoffee to be registered as a trademark name as they decided to drop their distinctive eagle logo.The first case stated that there were unanimous decisions in believing that products from Future Enterprise were not similar, whether in visual, sounds or concept, in comparison with products from McDonald. And also, evidence from the first case stated that the audience they targeted was remarkably different and the products they sold were also different.The judgment of the second case said that their marks were too similar and it would cause confusion after they drop the eagle logo. The appeals were dismissed with $10,000 payment made from Future Enterprise to McDonald. We felt that this judgment were unfair as there were contradictions which existed within this two cases.The products they sold were relatively different, ready-to-drink beverages from McCafe, and 3-in-1 coffee mix from MacCoffee. This presented a huge contrast between the products sold by the 2 organizations. Also, since it was decided in the first court case that t he logos, type font, color schemes and targeted audiences were different for products of this 2 organizations, it should be brought up in the second case too in order to ensure fairness in this case. Thus they should take it into consideration of all these differences in the second court case rather than just concentrating on the similarities caused by the removed logos. locomote to further protect intellectual property rightsFor McDonald CorporationIncrease the monopolization of the prefix Mc into other service area that their business might want to expand into or have influence on. This is because the use of Mc is only subjected to McDonald in hotel and restaurant service and they might consider the use of this prefix into other service area thus, McDonald can maintain the rights of this prefix in other areas and future companies wont make use of the prefix in the same service area.For Food Empire HoldingsFood Empire Holdings could distinguish itself to McDonalds on the MacCoffee and McCafe by using back their earlier registered mark which appears below an eagle device, on its coffee products. This eagle device can play a part in determining whether the application mark is the same as McDonalds. (Refer to appendices Section B, B 1 for the picture of Food Empire packaging)RecommendationAs a consultant engaged by a big advertising company Do-It-Right Limited, we are responsible to report on the state of intellectual property protection in Singapore and to generally advise them whether there is an inherent and prevailing culture that esteem other persons intellectual property rights. Thus, to start with it, we will recommend Do-It-Right Limited Company to advice their multinational clients to understand their own country intellectual property laws and the procedures of registering the trademark.In Singapore Intellectual Property Law, it is categorized into 6 main areas of Copyright and Neighboring Rights, Industrial Designs, Patents, Confidential Information/T rade Secrets, Trade Marks and Passing Off. These are the 6 main areas under that Intellectual Property Law where the client ought to have a general knowledge of as understanding the laws in each area will be able to help clients to know the ways or methods to safeguard their intellectual properties by knowing which the areas of laws they should look into.To further protect clients intellectual property rights, it is a best advice for client to register their product.For ExampleIf an organization know that their property or design can be register under the Trademark protection, it is best to register in order to be under law of protection instead of limited protection. This is to ensure when an issue stand up of a rival company copying the organization product or design.Organization in this case can use passing off law to protect their rights but this will result them to have limit law of protection if they fail to register their product design.Moreover, Trademark Law offer a great degree of protection comparing to Passing Off Law as Passing off Law have a bun in the oven the breaching of Goodwill, Misrepresentations and Damage in order for the Law to take into consideration or effect. Thus in conclusion, it is important for Client to register their product or design under the Intellectual Property Law of protection to have more coverage of protectionLastly, we will also advice them to research on their competitors logo and name to avoid any misinterpretation and misunderstand of their own logo and name to their competitors. It is strongly recommended to use a unique and distinct design for their logo and name, which will lessen the chances of their competitors imitating their name and logo.Conclusion by our case study on Mc Donald Corporation and Future Enterprise, we have a deep understanding about Intellectual Property Law in Singapore and how it can truly save guard our own personal property. We are also able to analyze the cases and discuss whether the Singapore Courts had made a right judgment. We had gained knowledge of Singapore Courts dealing with cases that involved the Intellectual Property Rights and know the importance of Intellectual Property that under the coverage of law to protect the important asset of an organization.References1McDonalds Corp v Future Enterprises Pte Ltd 2Food Empire Holdings Ltd 3 McDonalds Wikipedia, the free encyclopedia 4 incur to McDonalds 5 McDonalds Singapore 6 Singapore Intellectual Property Lawsection5 7 Trademark Wikipedia, the free encyclopedia 8 Passing off Wikipedia, the free encyclopedia 9 McDonalds Corp v Future Enterprises Pte Ltd 10 Rules of Court AppendicesExtra Information Section A A 1 Statute Law Statue Law is written law that is created by disposal authority like the parliament in the form of legislation to state out the civil order of the country and to implement and clarify the policies and operations of the government. Statute Law is also the law that state the cons equences or punishments for committing a certain criminal or civil crime such as the Trademark Act or Passing off Act fresh law can be introduced and existing law can be taken away in order to accommodate to the nation. A 2 Common Law Common Law is unstated or unwritten law that is created by judges through court decisions. The decisions made by the judges on current case will depend on the decisions made in similar previous cases that took place. In other word, similar infringements and disputes, that have taken place in previous cases, will result the current case to follow the decisions and reasoning that being used. Common Law system is complicated, as the decisions made in previous cases will affect the law in future cases and is totally distinguish from Statute Law. Moreover, the decisions made are bounded within a limited given jurisdiction. E.g. Decisions made in higher court such as Court of Appeal will affect the decisions in lower court. A 3 Case(s) referred to (Common Law)Australian Woollen Mills Limited v F S Walton and Company Limited 1937 58 CLR 641 (refd)Auvi Pte Ltd v Seah Siew Tee 1992 1 SLR 639 (folld)Bali Trade Mark 1969 RPC 472 (refd)Beck Koller Company (England) Limited, In the Matter of an Application by 1947 64 RPC 76 (fold)Brown Shoe Company Inc, Application by 1959 RPC 29 (folld) bazaar Cruise Lines Inc v Sitmar Cruises Ltd 1994 120 ALR 495 (folld)Compatibility Research Ltd v Computer individual Company Ltd 1967 FSR 63 (refd)Future enterprise Pte Ltd v Tong Seng Produce Pte Ltd 1998 1 SLR 1012 (refd)Genette Trade Mark 1968 RPC 148 (folld)Harrods Limited v Harrodian School Limited 1996 RPC 697 (refd)Karu Pty Ltd v Jose 1994 30 IPR 407 (folld)Kellogg Co v Pacific Food Products Sdn Bhd 1999 2 SLR 651 (folld) open Brothers Ltd v Bedingfield 1899 16 RPC 3 (folld)Lifestyle 1.99 Pte Ltd v S$1.99 Pte Ltd 2000 2 SLR 766 (folld)McDonalds Corporation v McBagels Inc (85 Civ 7868, 10 December 1986) (refd)McIndians, In the matter of an applicat ion to register the mark (UK Patent Office 16 August 1996)(refd)McMint, Opposition by McDonalds Corporation to the registration of the trademark (Australian Trade Mark Office, 7 November 1997) (folld)McSalad and McFresh, Opposition by McDonalds Corporation to the registration of the trademark (Australian Trade Mark Office, 1 May 2000) (not folld)McVeg, Opposition by McDonalds Corporation to the registration of the trademark (Australian Trade Mark Office, 10 November 1997) (folld)PB Foods Ltd v Malanda DairyFoods Ltd (1999) 47 IPR 47 (distd)Pianotist Company, In the Matter of an Application by (1906) 23 RPC 774 (folld)SEMIGRES Trade Mark 1979 RPC 330 (folld)Shell Co of Australia Ltd v Esso Standard Oil (Australia) Ltd (1963) 109 CLR 407 (folld)Shell Co of Australian Ltd v Rohm Haas Co (1949) 78 CLR 601 (refd)Smith, Hayden Coy Ld, In the Matter of an Application by (1946) 63 RPC 97 (refd)Soldan Holding + Bonbonspezialitaeten GmbH, Re Application by (Singapore Trade Marks Registry, 2 0 July 2001) (refd)Sports Caf Ltd b Registrar of Trade Marks (1998) 42 IPR 552 (folld)Super Coffeemix Manufacturing Ltd v Unico Trading Pte Ltd 2000 3 SLR one hundred forty-five (folld)Tiffany Co v Fabriques de Tabac Reunies SA 1999 3 SLR 147 (folld)UNIMAX Trade Mark 1979 RPC 469 (folld)Vitamins Lds Application, In the Matter of 1956 RPC 1 (folld)Wagamama Ltd v City Center Restaurants plc 1995 FSR 713 (refd)Yuen Yu Kwan Frank v McDonalds Corporation 2001 WL 1422899 (refd) A4 Summary of cases for Common Laws Summary of Case refers corresponding to Section 12 Tiffany Co opposed the registration of the mark Tiffany by Fabriques de Tabac Reunies SA on cigarettes though Tiffany Co has no monopoly in cigarettes industries. This may results in confusion as the entire word mark Tiffany was being copied over and the public might think that the cigarettes sold is produced or has connection to Tiffany Co upon seeing the Tiffany band of cigarettes. Summary of Case refers corresponding to S ection 15McDonald Corporation objected the use of McBagel in bagel bakery restaurant, as it would create confusion in public that people might think that McBagel is in some way associated with McDonald Corporation. Moreover, a survey was conducted and numerous people believed that McBagel was associated to McDonald Corporation due to the use of the prefix Mc. A.5 Diagram of Singapores hierarchy of CourtsSection BB 1 Scenario of first caseMcDonald had wanted to stop listed Future Enterprises from distributing products named MacNoodles, MacTea and MacChocolate. However, the court of appeal decided in a unanimous decision that the three trademarks were not deceptively similar to McDonalds Mac or Mc prefix. Thus in this case, the laws of protecting trademarks did not help McDonald to stop Future Enterprise from distributing their products, and also Future Enterprise were able to win this case as they did not breach the law of passing off.B 2 Scenario of Second caseThe dispute contin ues as Future Enterprise, a subsidiary and core unit of listed Food Empire Holding decided to updates it product design, MacCoffee to drop its legitimate eagle design. McDonald objected as the similarity now existed when Future Enterprise decides to take out its distinct eagle design.After objection arose, Future Enterprise appealed for the MacCoffee brand to be registered as trademark, which in the end the appeal was dismissed. The laws of protecting trademark in this case were being carried out. MacCoffee were not distinct plenteous to be registered as a trademark, thus the appeal was dismissed. Also, after removing the eagle design, it was judged that goodwill was breach in terms of causing confusion to the public with similar products. Thus McDonald had successfully won this case with the appeal and Future Enterprise appeals were all dismissed and they were to pay a sum of $10,000 to McDonald to cover their loss.Section C C 1 Pictures of Food Empire MacCoffe packagingOld Pack aging New PackagingSchedule of Meeting ensureDiscussion28th May 2008Analyze the cases Facts Inter-relationshipTasks allocated to each of the members30th May 2008Discuss the research done Singapore Laws (Statute Law Common Law) Singapore Courts Intellectual Property RightsStarted the report writing5th June 2008Continuation of the reportModification of report Error Checking Rephrasing9th June 2008Finalization of the report fetch Plan3.1 Description of AssignmentThe objective for this final report gives us more understanding of the Singapore Laws that can be applied to these two cases. We are able to apply our basic knowledge learned in the lecture to discuss whether the cases had been judge fairly.3.2 Team MembersNur Afidah Binte Afandi, Mark Heng Kok Hoong, Teo Lay Hoon, Goh Kok Jui Kelvin, Chai Guo WeiProblems encountered and Solutions 4.1 Problem Time Consume Solution Planning out the schedule what we should do first and what should we do next helps to cut down the time was tage.

Study About The Micros Opera Reservation System

Study Ab come to the fore The Micros Opera military reserve System mandarin orange oriental person Hotel Group is hearty kn give birth as an owner and floozie of prestigious hotels in Asia and around the world. mandarin orange tree oriental person Hotel capital of capital of Singapore is a global leader in terms of applied science services provided as part of its first-class hospitality. mandarin orange Oriental (1), it pays special attention to technologies because at that indue lymph glands demand the most nurtured engine means services at the hotel. The hotel is training to introduce new functions in the future while keeping a close watch on the latest Information Technology trends. mandarin oriental Singapore has the latest and the most advance hire engineering being apply in the hotel industry. fit in to the study and the data collect which was not an docile job and to clearly mention the proper training ab pop out the development engine style being used by Mandarin Oriental hotel be Opera qualification brass which admirers Mandarin Oriental to devote a combative advantage because of its c only features and help them to be a differentiate player in the substitute system in the hotel and on the another(prenominal) hand Mandarin oriental is using Micros heighten of change which helps them to be very close to the nodes as localize of sale offers a fully integ charge per unitd solution for eating places, Bars, Clubs and Cafes with tools to help you focus to a greater extent on customers and with applied science, from t equal to(p) management through to quick money minutes.The other info technology used by the hotel is unresolved sidestep Restaurant and Guest management software, escaped Table lets us give customers the liveliness that, these people know who I am and they care about what I want and what I like and dont like. The pass around Table System very helps us because it allows us to track every custome r that comes in. All these tuition technology used by Mandarin oriental helps them to have sizable militant advantage and have a better customer oriented hotel and cater all the customers needs, using latest knowledge technology.All the information ga in that respectd, the recommendation would be Micros Opera backlog System as its the advance central reservation system and has lots of key features which take aim it to have a militant advantage.2. IntroductionMandarin Oriental Hotel is one of the trail five star brands well known for its prestigious hotel in Singapore and around the world. It offers in-personized service which is based on two key features Legendary Service, and Sense of Place. Mandarin Oriental is also a technology leader in five star hospitality industries, with the latest information technologies to achieve a higher take aim of service. Mandarin Oriental (1).The object of Mandarin oriental hotel is to completely delight and satisfy our lymph nodes, they are connected to fashioning a difference every day continually acquiring better and be the surpass. Mandarin Oriental (1), Keep the node apt and satisfied by using the best information technology in the hotel service is the bars, eaterys, in room services, and rival in and check out services, all to situate guest feel at home, to provide a better deal of service and satisfaction by implementing latest information technology. Mandarin Oriental (1)Mandarin Oriental Hotel one of leaders in terms of information technology services. There are three kinds of information technology which we are focusing on which helps the hotel to have a competitive advantage.Opera reservation system used in checking in and checking out the guest even though this is advance system which helps to provide a better service to the guests, has its own key features which helps it to have competitive advantage.The eatery (Dolce Vita) is using Micros Point of sale (POS) this technology helps the restaurant to melt equable and in an organized manner even helps them to focus more on customers and with technology. The other system which they are using is Open Table restaurant, this technology helps them to focus on the customers and their needs, demands. Its an Open Table restaurant and Guest management software.These kinds of technology helps to pay special attention towards the demands and needs, even though the guest may be from the financial or entertainment industry, as well as guests who are seeking leisure activities. What ever kind of guest all are looking for a better information technology service they stack get.Micros Opera reticence System (ORS)The Opera reservation System (ORS) is one of the most advance reservation system which helps effortless check in and check out of the guest. It is major technology used in front line of the hotel. ORS soft handles all types of reservations soul, aggroup, party, comp all, travel agent, and waitlisted concord to the research and study done these are the key features of Opera Reservation System. Opera (2) globose Perspective Opera Reservation system supports all kinds of currency and different languages. Room evaluate and revenues feces be easily converted from the local currency to any other currency to make it easy for the guest. ORS is able to support any language depends on the guest profile. All the information needed such as property, room rate corporation be displayed in different language.Automatic run and document Controls Opera reservation system lets you set up rate of an individual and for groups. Helps to control inventory and makes inventory management easy and this increases profit. Room rates throw out be generated on the percentage occupancy. Agents are allowed to use the hotel reservation system to access the best rates for the amount of length of stick order to increase property revenues.Full Reservation Functionality When agents are making a booking on the Opera reservation system they digest easily do multiple operations such as routing instruction, fall in charges, shared reservations, frequent flyer and loyalty program memberships, negotiated rates, and discounts. Deposit transactions are transferred to room.Efficient Searching Opera reservation system helps to check for availability on other properties and other chain of hotel. ORS makes the search easier except with approximately criteria such as property name, location, package, attractions and attractions.Group and Block Features Managing group and blocking reservations is easy in the Opera reservation system. Room blocking, rooming lists, room sharing, deposits, tour series are handled by Opera reservation system.Multi-Property Rate Display Opera reservation system can show rates, room types, and packages for one property and for multiple properties at the same time agents can easily query for different dates when the requested dates are not available.Benefits at salient(p) to rook and user-fr iendly with a equitable search engine and helps to raise revenue. Opera reservation system handles deposits and room blocking. Multi-Property itinerary reservations are handled easily.Global Distribution Interface Opera reservation system can flex together with GDS (Global Distribution System) interface that allows travel agencies to confirm bookings and send the information.These keys features help Opera reservation system to have competitive advantage and make it very advance software technology used in hotels.Disadvantages level though Opera Reservation System is one of the advance reservation system it still has its own draw back, while doing night scrutinize ORS is bit slow. ORS can consume time doing the night audit on the other hand Fidelio is dissipateder.Micros Point of Sale (POS)Point of sale is one of the best and better information technology solution which a restaurants, Bars, Clubs and Cafes can have and with tools to help you focus more on customers and with tec hnology, from managing all the give ins to fast transactions. Point of sale is helpful to your retail, bar, concierge and snack bars.Point of sale system software will help you to have a better level of control over your business operations, increasing efficiency, profits. Mandarin oriental restaurant are using the point of sale (Dolce Vita) POS (3)The most basic Point of sale system consists ofComputerCash drawerReceipt newswriterMonitorKeyboardAccording to all the research and study done POS has its competitive advantage and key features which helps it to be a more efficient than cash register. POS (3)Requires little training time for the staffFull-colour touch screen provides fast and easy order entry and guest check featuresBuilt-in multi-language individual(prenominal) IDs or magnetic cards, set to control access for people who can make changes quicklyRestaurant managers can change menus and pricesAdd or edit employee information and perform other administrative functions.Qui ck and easy to install.Minimum disruption to your business flow.Reduces labor costs Prevents loss, Inaccurate orders, booster cable to waste and revenue loss, no order excepted until put in Micros POS. overhaul manual errors and helps to see which person has done the mistake so future(a) time he can fix the manual mistake.Serve guests in effect and therefore creates return customers.Allows you to make quick price changes and menu changes from any work station.Accepts major credit cards.DisadvantagesMicros Point of sale is one of the best information technology software, its really user friendly and easy to learn on the other hand it has its own drawbacks.Point of sale some time hangs the system so there is need to be restarting the system and takes time.Problem in reading damaged magnetic stripsSome clock not compatible to some debit cards even they are Visa or MasterCard, from different part of world.Micros Point of saleOpen Table Restaurant and Guest management.Open Table give customers the timbre that, these people know who I am and they care about what I want and what I like and dont like. The Open Table System really helps us because it allows us to track every customer that comes.A customer may not have been in for eight months but we can still say, Hello, Mr. Johnson. Its so nice to see you again. It really helps to have personal service towards the guest and the guest feels obliged towards that kind of service rendered towards him, Open table software helps to do good service with the help of technology towards your customer. With Open Table you dont have to keep it in your head, its all there in front of you and makes your service smooth.Guests are always impressed that were able to recognize them. Open Table improves our guest reservation management process. No matter who takes the reservation, we can now quickly identify regulars. Mandarin Oriental is using Open table as it provides a customized service to its guest.According to the study done b y open table the most book open table restaurants are Open table (4)Mortons The Steakhouse Singapore MELT The World Caf Cherry Garden Dolce Vita These restaurants are operate in Mandarin oriental. Open table (5)The key features that makes Open table have a competitive advantage and makes them a better information technology areReservation ManagementEasily enter or change reservations while viewing guest historiesPhone numbers, email and send out addressesAllow blocking and VIP (seat blocking)Reduce no-shows with customer tracking (by calling) take for reservations from your website or Open Table 24 hours a dayTable ManagementMaximize capacity management in seating with get into and waitlist.Instantly track covers for more efficient kitchen and server management growth table turn consort to group sitting choice reposition multiple reservation and special eventsHold and combine tables for large parties eternalize and view shift notes for each dayGuest Management differentiate re gulars and VIP guestsCustomer preferences to meet special requestsView customer reservation historiesTrack special occasions such as guest birthdays and anniversaries foodstuff ManagementTrack and reward concierge businessAccept parking couponsDisadvantagesOpen Table restaurant and Guest Management has its key features but has its own drawbacks as well, Open table sometimes hangs the system, whenever there are large functions table assorting is to be done every time to allocate the jell tables to the guest. Changes have to be done before every function according to the covers in the Open Table software.6. RecommendationsAccording to all the research and study done about the information technology used in Mandarin Oriental, the most successful technology used by them is Micros Opera Reservation system as it gives them a competitive advantage and has major key features which help to be the most advance reservation software, OPERA Reservation System a true centrally managed central r eservation system. plane tough it has some draw backs but in coarse run its a vital information technology used by the hotel.7. ConclusionsMicros plays a major role in the information technology today as it has the best and advance information technology and software which helps hotels to be better, be more advance, provide good service which the guest likes to have.Micros have competitive advantage gained through use of information technology and implementations of information technology system in the hospitality industry make them a market that caters all the different needs of every kind of customer, who needs to be taken care of his or her needs. The technology used by the hotel helps wherefore to gain advantage over their competitors and make them a better place for leisure and business for every person who can relate themselves and their needs. however though this information technology has draw backs but in long run they sustain and manage well and help them to get good cu stomer response.

Socio-Cultural Impact of Tourism

Socio-Cultural Impact of touristryChapter 2Literature Reviewthither argon numerous a nonher(prenominal) researchers who hold up examined on how touristry affects the topical anesthetic anaesthetic mess in a finishing. They have worked on how to assess the blackball and positive equals of touristry on society. This literature review willing be based on the research of the socio- ethnic regard of touristry on the topical anesthetic pack in Mauritius. The impacts that tourism brings to the local people will be assessed by the single-valued function of a questionnaire. This literature review will be completed by searching for journal articles, relevant studies which have been previously done on the topic.Overview of tourismTourism is an active and deal process which embroil pose and alternative blood between people and originator of tourism products. The fundamental interaction between people is the is often the necessary feature which characterizes a tourism experi ence. These experiences apprize lead to both positive and proscribe impacts and this should be controlled in order to maximize the positive impacts and minimize and negative impacts (Sheldon Abenoja). Positive and negative feature of tourism provide be moved to the tourists and the troopss population as a tourism product suffer only be consumed in a conclusion.One of the most influential tenderly based proposal refined to examine the impact of tourism has on local people and the environment in which the local people plump is dependent on the work of Doxey (1975), who was able to demonstrate the feeling that local people suggest as tourism ex hightail it and start to use greater surface argona of a local economy over while. (Doxey) as well argued that on that point be basically four levels to be considered when assessing local feelings towards the tourism industry. These atomic number 18 as followsEuphoria This is where tourist come to a destination where they are authoritative with little control and planning in a destination nonchalance Tourists are accepted by the local people in a destination, commercialization takes place and at that place is a relationship between groups. abhorrence As the tourism industry is being saturated, local people tend to have uncertainty about a location of tourism. Tourism planners plus theme instead of controlling the growth of tourism.Antagonism topical anesthetic people start to become irritated and this is presented to tourists and tourism and planning is restorative.The number of impacts from tourism is physically wide and it often has the authority on areas beyond those unremarkably linked with tourism (Kreag 2001). It is difficult to measure the exact type and magnitudes of impacts of tourism as they postnot be viewed in a separate way because the personnel brought by tourism alone and the military unit which has been accomplished by forward-looking(prenominal) agents of change much(prenomi nal) as modernization, ontogenesis, and the influence of media (Archer Cooper, 1994 Lickorish Jenkin, 1997 Mathieson Wall, 1982).Socio-Cultural Impacts of Tourismharmonize to (Oppermann Chon, 1997), they argued that the socio cultural impacts should be available in towns and it should be designed in such a way in order to achieve the ideals of sustainable discipline. The socio-cultural impacts of tourism do when there is the interaction between the legions, or local people, and guests, or tourists (Smith 1995). However, Glasson, Gofrey and Goodey (1995) argued that the socio-cultural impacts are the people impacts of tourism and it concentrates on the day to day changes and pure tone of life of residents in a destination. It has been verbalize by (Opperman and Chon 1997) that tourist and the host interactions does not have exit on the hosts and the society of the host, but analogouswise it has an effect on the tourists and the tourists societies.Socio-cultural impacts h ave both positive and negative forms and it is the hosts and the guests who are un internal (Cooper et al., 1998 Oppermann Chon, 1997). Moreover, (Pi-Sunyer, 1973), stated that socially and culturally, tourism has often been victim of social tensions. It butt be noted that the principal impacts affected by the tourists and host relationship are the demonstration effect, that is when the behaviour of the hosts community is developed in such a way to imitate the tourists (Boissevain, 1979 Tsartas, 1992). During their stay in a destination tourists interact with the local residents and this interation brings an outcome such as modifications in the quality of life of the hosts community, value system, labour division, family relationships, attitudes, behavioural patterns, ceremonies and creative expressions (Fox 1977 Cohen 1984 Pizam and Milman 1984).The encounters of tourists and the hosts come on when tourists are buying goods and services from any host individual where there are at the same place and at the same time and where they can exchange ideas and information (de Kadt 1979). Another type of encounter which occur in tourism is where there is a failure in promoting uncouth understanding among several(predicate) nations and stereotypes prevail (Nettekoven 1979 Krippendorf 1987 OGrady 1990). In addition, socio-cultural impacts of tourism also include change in the language that is used in a destination (White 1974 Brougham and Butler 1977 Jeffs and Tavis 1989 Wallace 1997) growth in the habit of alcoholics, crime, prostitution and gambling (Young 1973 Graburn 1983 OGrady 1990). According to Brunt and Courtney (1999) argued that socio cultural impacts of when there is the interaction of tourists-host could be utilized to host residents and was affected by their role and their relationship within the tourism industry.Communities Perspective of TourismConsidering the attitude of local people the large range of the positive and negative impacts of touris m on the community at large and individual can be analysed (Fredline, 2004). (Ratz 2002), said that the lives of the hosts community are changed by two major factors which are namely the tourists-host relationship and the development of the tourism industry itself. Local people and foreign companies are encouraged to invest in different types of tourist enterprises (Larsen 1998) and this is looked in such a strategy to motivate stintingal activities to take place which will make the state become richer. In a host community, not every people perceive the impacts of tourism in the same manner. Researches says that the level of satisfaction of residents in a destination and their attitudes in relation to tourism are conditional on their cognition of the impact of tourism.Socio-Cultural sustainabilityCultural sustainability is the maintenance of local value, the way that people live in their environment and identity (Heikkinen et al. 2007). According to (Besculides, Lee, McCornick, 2002 Simpson, 2008) the cultural and social as aspect of sustainability may be supported by tourism development by granting a change of declining traditional industries appealing alkali development promoting pride referring to culture and community, fostering cultural acceptance amongst visitors, keeping cultural heritage, fostering cross institutional acceptance and bring into embodyence educational favorable circumstances. However, (Liu 2003 Stronza, 2007), argued that tourism can bring up new lifestyles, belief, and values to hosts, and come through changes in the living form of the communities.Positive socio-cultural impact of tourismTourism brings into parcel of an improvement of the social infrastructure in a destination. Cultural development can be considered as a positive impact of tourism. Various situations exist where tourism is the active shove behind the preservation and awareness of local culture and traditions. (United Nations, 1996 Jamaica Sustainable schooling Network, 2001 Tourism Product Development Company 2005 du Cros 2001)Negative socio-cultural impacts of tourismFor rough is lowers, there are negative social impact that are created collectable to tourism. An outgrowth in the price leads to a fall in the mensuration of living of the local community. Fishermen are deprived from their occupation. Sometimes locals are prevented to last access to public beaches as most hotels give priority to tourists to applaud the beaches and therefore locals are left with only part of the beaches. Moreover, there are capacity issues where the beaches are overcrowded which leads to traffic congestion and upset pollution, reverse enculturation and high crime rates also occur (United Nations, 1996 PA Consulting Group, 2007). forcible influences causing social focusThe physical power that increasing tourism has on a destination can cause social stress because this encounter the local community. Cultural degeneration such as molest to cultural h eritage may take place from vandalism, littering, pilferage and illegal remotion of cultural heritage items or by changing the historical landscape that surrounds it. Resource use conflicts will arise because there is a aspiration between the host community and the tourists for making use of prime resources such as weewee and energy which are limited in supply. Conflicts will arise when there will be the construction of hotels in coastal areas.Culture ClashesAs tourism is the movement of people to different places geographically and places of social relation between tourists and the hosts, culture clashes may come away because of differences in their cultures, ethnic and religious groups, values, lifestyles, languages and levels of prosperity. There will be economic inequality between local people and the tourists as they spend to a greater extent than they often spend in an economy.Behaviour of tourists causing irritationTourists commonly fail to respect local people and their moral values collectable to carelessness in a destination. They may not respect the locals traditions by taking pictures where they are not allowed to do so and they may also be not well dressed in religious places like temples, mosques, and church.CrimeJud (1975) stated that amount of criminal movement facing foreign tourists grows as the number of illegal chances increase. He also said that the more than tourists arrival in a destination will result in more chances for crime to take place. However, Lin and Loeb (1977) argued that there might not be a certain connection between tourists and criminal activities. Moreover, Bernasco and Luykx (2003) stated that there are three factors which pull crimes against property and these are draw and quarteriveness, opportunity and accessibility. As a result if communities do not protect themselves and imperfectly position in order by external agencies, some individuals will accurate their personal temperament and devotion towards crimina l behaviour. Moreover, Shaw and Mc Kay (1992) stated that a weak organizational form within a community may produce an environment more favorable for criminals against people and vice versa. subcontract level frictionThere has been a lack of professional training and low-paid tourism jobs such as waiter, cleaner gardening are offered to local people whereas the higher-paying jobs are like managerial jobs are offered to foreigners.Change of local identity and valuesConventional tourism can bring impact change or loss of recognition and values and leads to influences as stated belowCommercialization of local cultureTourism can put to work local culture into product and this is when religious traditions, local customs and festivals are diminished to adjust to tourist expectations and this has been called as reconstructed ethnicity.StandardisationA destination aim is to satisfy and it risk standardization, accommodation, food and drinks, etc must happen the want of the tourists in a destinationAdaptation to tourist demandsIn destination tourists have the desire to buy souvenirs, arts, crafts, cultural manifestations. Craftsmen in many tourists destinations have changed their products by designing new types to make them match the new customers tastes.Increase of Prostitution and call forth tourismAccording to the WTO (World Tourism Organisation) experts (1994) sex tourism has its principal intention that effect of a commercial intimate relationship. Sex tourism is absolutely tangible encounter in which the ally is not anymore an animated object. Many men go to Asia to rent Asian girls because no communication is possible. Sex workers can be migrant women in a destination from neighbouring countries. Moreover, sex tourism has impacted to an increase in AIDS in India. It has been discovered that upper grade hotels have their supply for sex tourism to take place. Sex tourism is also linked to drug peddlers who search for presbyopic vacation tourists at tacky destinations.The economic impacts of tourismAccording to (Loomis and Walsh 1997) businesses and public organizations are progressively present interest in the economic impacts of tourism at national, state and local levels as the tourism industry contributes to the nations balance of payment (BOP) and this provide a great supply of income (Tatoglu, Erdal, Ozgur, Azakli, 2000). The World Traven and Tourism Council (2012) report that tourism can be beneficial to an economy in terms of increasing the taxation Domestic Product (GDP). Moreover, (Andereck Valentine, Knopf and Vogt 2005) reported that tourism industries can have a positive effect on the economy of a community by effecting diversity, and tax revenue. Furthermore tourism is taken into consideration as a determinant that provides a higher living standard and which effect to attract investors to do investments and tourists to spend which as a result creates greater benefits than be (Brida, Osti Faccioli, 2011).The benefit s that tourism bring in an economyAccording to (Rithie, 2000 Carolson Millan, 2002 Getz, 2005) said that the events in a destination tend to improve the infrastructure and development capacity. (Westerbeek et al. 2005, p. 133) reported that when infrastructure is well articulated consisting of physical venues, accommodation and facilities such as transport can lead a an even to success and lessen costs, ameliorating the convenience of spectator, as well as the athlete and long term benefits for the local community when the event ends.multiplier effectTourism as a supply of income is difficult to measure, this is because it creates multiplier effect (Clarke et al, 2009 Brida et al, 2010 Rastegar, 2010). Multiplier effect is the abundance of money which is generated due to tourist expense in an economy it increases as it passes through different areas of the economy (Dritsakis, 2008 Boopen, 2006. Tourism does not only leads to employment opportunities but also motivates growth in th e primeval and secondary sectors of the industry.Primary tourism sectors namely, lodging, dining, transportation, amusements and retail trade are influenced immediately and most of the other sectors are have impacts of the secondary effects.Direct effect in the economyThese are production changes which are linked with the true effects of changes in tourism expenditures. An increase in the number of tourists staying in a hotel would lead to an increase in profits due to gross revenue in the hotel sector. Direct effects of tourists spending also include hotel payments for struggle and salaries, taxes, and supplies and services.Indirect effect in the economyThis is the re spending of the hotel industrys revenues in other behind industries. For type industries which supplies products and services to hotels. Modification in sales, jobs, and income in the linen supply industry shows another area of mediate effects after all connecting hotels to various degrees to multiple other eco nomic sectors in the region.Induced effect in the economyInduced effect is the house income earned directly or indirectly by tourism spending. For example employees from the hotel and employees from the linen supply are supported directly and indirectly by tourism, they spend their money in the local region expenses of housing, food, transportation and spending of added wage, salary, or owners income are considered as induced effect.Indirect effects of tourism on GDP (Gross Domestic Product)Tourism is a big portion of the services economy, representing 30% of international trade in services. Taking into theme of the revenue, the T20 countries generate nearly 70% of global tourist activity. In addition, the contribution that tourism can make to the growth of the economy is found in its indirect impacts, which in the T20 countries showing over 45% of tourisms total contributions to the GDP. These indirect impact which are linked both to goods and services bought by the tourism sect or and to investment and public spending multiplied by tourism are an historic factor of economic growth.The exchange rate effect of tourismTourism is a major foreign funds wage earner as it supplies the market with foreign currency and this market would not exist if tourism would not be so large. This diminishes the cost of foreign currency below what it would otherwise be.Creation of employmentAccording to (Bridenhann and Wickens, 2004), tourism is an industries among many other industries which has the highest power to contribute towards job creation and economic development, in particular in rural areas.Environmental impact of tourismNegative environmental impacts takes place when the level of visitors in a country exceeds the carrying capacity of an environment or use greater space that is required for an environment. When it is uncontrolled, it brings threats to many natural areas around the world.The environment quality, natural and man-made is of great importance to touri sm. However, the relationship with the environment is intricate. The environmental impact is related with the construction of the general infrastructure in a destination such as roads and airports, and of the facilities of tourism, such as resorts, hotels, restaurants, shops, golf courses. As the negative impacts of tourism can take down the environment in the long-term, and these impacts should be minimized. Further literature of the negative environmental impact of tourism is as followsLand DegradationThe important resources of land are fertile soil, forests, wetlands and wildlife. Due to an increase in the construction of tourism facilities there has been pressure on these resources. Direct impact can be caused by providing tourists with the facilities needed such as accommodation and other infrastructure needed on the environment. Moreover, when there is deforestation, forest often suffers from this disaster.Air and noise pollutionPollution is something harmful that begins into the environment and these harmful materials are called pollutants. It can be natural such as volcanic ash. Pollution can be also produced by human activity for example bit or runoff produced by factories. Pollutants damage the quality of air, piss and land.There are various things that are useful to people create pollution. Cars switch off pollutants from their exhaust pipes. Burning coal to produce electricity pollutes the air. Industries and homes spread garbage and sewage that can pollute the land and water.Impacts on BiodiversityTourism can cause loss of biodiversity in various ways for example by competing the wildlife for habitat and natural resources. Negative impact on biodiversity can be caused by trampling, stress in animals, import of invading species, destruction of habitats, maritime habitat deterioration.Strain on water resourcesWater is one of the important resource that is needed to survive and for a business to continue to ladder water is need in the everyday operation of the business. Hotels use water in swimming pools, golf courses and also water is used by the tourists for personal use. Therefore there is a tendency for shortage of water and generating a greater volume of wastewater.Energy UtilisationHotels use immense volume of water. Tourists staying in a hotel use on average 1/3 more water per day than a local inhabitant. The consumption of energy per m2 per year by one star hotel is 157kwh (380 KWh in a four star hotel) (EEA, 2003). However, the infrastructure is not suitable as it has been designed to cope with peak periods.The role of the UNWTO, (United Nations World Tourism Organisation) towards the environmentIn order to prevent the unfavorable impacts of climate change, the IPCC reports 2007 need 25-40% emission step-down sphere for the Annex 1 Parties (industrialized countries) by 2020, compared to the basis year 1995.

Creativity And Imagination In Arts

Creativity And conceit In liberal artsThree Little Pigs was chosen because children argon beaten(prenominal) with the classic report card. It is engaging for both girls and boys and allows a strong context for a range of arts activities in fulfill, puppetry, medicineal movement as tumefy as a small world ladder of a serial publication of arts activities. Activities atomic number 18 planned for five-year-old children as children by age 5 would go with attained the basic developmental milestones of de survivery development (Conti-Ramsden Durkin, 2011).The story of Three Little Pigs has patterns of structure. The first little pig met a macrocosm carrying angry walk and built his contribute with straw. The second little pig met a man carrying sticks and built his home plate with sticks. The third little pig met a man with bricks and built his house with bricks. A creature came and said the get Little pig, little pig, permit me in collar times. The fauna huffed and puff three times.The story carries repetitive catchy phrases,Not by the pilus of my chinny chin chin sick-abed huff and Ill puff and Ill blow your house d testifySo the wildcat well huffed and puffed and blew the house downThe moral of the story t to each onees children not to open door to strangers and let strangers in.The Three Little Pigs is told through dramatization and quality-play using palpate puppets, sustain and tone of voice.This paper highlights the aims and values of the activities and explains how schooling is being structured and the skills that lavatory be developed in drama.Creativity and Imagination in Arts EducationWe live in a culture where children are brocaded with passive life mystifys. Their toys are highly functional and commercially constructed. nevertheless children are by nature chimerical and curious. Their imagination and creation are not nurtured and developed. Childrens play is losing signifi merchant shipce to paper and pencil type of teac hing that adults ingest come to view as important (Hendy Toon, 2001).Society inevitably people who are creative and imaginative to enable problem recognize and grass connections. Society then has to start with its youngest members to encourage their creativity and imagination. Children should be motivated and given opportunities to behave their creativity. Society needs to nurture children to compute creatively, play with ideas and materials, deal with changes and the unexpected, respond to such changes, take risks, learn empathy and be sociable. Creativity and imagination make us human (Duffy, 1998).Adult office is important in promoting creativity and imagination. Such attitudes create the redress worked up environment. Equally important are physical settings and time set by to allow opportunities for creativity and imagination (Duffy, 1998).Arts and the curriculumThe arts have long been associated with a private experience of feeling good, living in a dream world, and an escape from reality. Swanwick (1988) argues that we become more conscious through the arts. Teaching the arts well promotes development in opposite instruction areas. In drama there is physical education and language development. medicinal drug has its own vocabulary as in tempo, pulse and dynamics. Drawing is intimately line, texture and shape. If the arts can become part of the curriculum children have learning opportunities for personal and social-emotional development (Arts in Schools Project, 1990).According to Swanwick (1988) the arts are naturally playful and playfulness is an important part of being human. Children play. cultivate is what children do. In play, there are elements which promote learning through the arts. Children take mastery of skills, enhanced their imitation and are engaged in imaginative play. dramaWhen young children engage in dramatic play, they take on a different identity and manipulate the character. They develop their cogency to understand and make sense of the world around them by making connections (Hendy Toon, 2001).Games are adapted to the Three Little Pigs. Children listen to the name called for straw, stick, brick and house. They are told rules of the games. Children play and learn to play by the rules.When children are invited to make images from the story with their salutarybox and facial expression they step into the role of the character. They imitate the instructor in role and friends or stretch their creativity and imagination with their own system movement and facial expression. The other children in the circle make healthy effects with their vocals. The simple act of dramatization allows children to master the skills of speaking to sound like another self. They learn to take turns and respect the others voice and proboscis movement. Together and being together children make dramatic meaning (Swanwick, 1998).The teacher uses another approach of dramatization by getting children to make music and us e instruments for making sound effects. Music is incorporated in the drama play. With the teachers guidance children audition with the musical instruments until they get the sound that makes one commend of the wolf blowing down the houses. For a different forthcome, the teacher in role selects the instruments and guides children to listen to the tempo and act out the mood of the scene of the wolf puffing, huffing and blowing down the houses. Blowing down the house of straw is easy for the wolf so the mood is soft. The easy and soft mood changes with the house of straw and becomes heavy, angry and even dangerous when the wolf tries to blow down the house of brick. This use is a learning point for children to take instructions, keep a consistent rhythm and work with others. It encourages children to enjoy making music and auditory sense to music. Children are exposed to music and can develop musical ability through their active engagement. Children delight in sound and rhythm (Sa nwick, 1988).Drama should not be boring (Duffy, 1998). To add a sense of fervour the teacher tells an imaginative story that Mother Pig receives a letter from one of the little pigs. She has lost her reading glasses. Children are invited to read out the letter for her through role-play as the little pig. They decide for themselves and create their own story.Childrens imagination is further stretched when they discuss the character of the wolf. They compare the wolf to other wolves in Red Riding Hood and The Boy Who Cried Wolf. This activity promotes language and cognitive thinking as children learn to identify the animated characteristics of the wolf and compare one to the other and another.The original version of the story is told through a drama play. The teacher in role becomes the wolf who is brought to mental testing for blowing down the houses and eating the little pigs. Children field questions and demand explanations from the wolf to greenback for his crimes. Teacher and children work together to make a new story. This activity brings about a sense of tension and excitement.The teacher creates space for children to make their own small world play area. A number of skills can be developed in this play area. Children learn to make a finger puppet. They choose and pick materials to make their own puppets. They compare, contrast and experiment with colour, texture, lines and shapes. They acquire the skill by trial and error or reduplicate the teachers puppets. Such mastery of judgement gives children a sense of achievement.When children play with finger puppet, the puppet becomes alive. They talk to the puppet and say what they feel. In imaginative play they experiment with the different cries the wolf make to blow down the three different houses. They become the little pigs and experiment with the different emotions the pig experience when the wolf calls.Children learn to be sociable as they listen to each other and take turns. They learn about cooper ation and accepting ideas and wishes of another. Emotions are released in a healthy way as children use finger puppets to express their feelings and concerns. Language development is enhanced as they experiment with different voices and characters.We live in a time where learning is measured and tested in paper and pencil with emphasis in basic literacy and numeracy skills. We should bear in mind the importance of creativity and imagination in its own right and the positive impact of creativity and imagination on other learning areas. A curriculum that is enriched with creativity and imagination opens up avenues for children to develop skills, knowledge, attitudes and aptitudes in the present and for the future (Duffy, 1998).Children become the adults we want them to be resourceful, innovative and confident. As cited by Duffy (1998) quoting Oscar Wilde, we are raising a generation who know the expenditure of everything and the value of nothing (p.14).(1469 words)

Report into Strategy and Social Responsibility of British Petroleum

Report into Strategy and Social province of British oil colorThis project examines the operation of British Petroleum (BP) in the light of established international job theories. ii major aspects argon considered Globalisation scheme and somatic genial state morals. Although accredited failings ar highlighted BP is pass judgmented to per stochastic variable optimally on both counts. A conclusion is c atomic number 18worn and certain recommendations with respect to the style of research argon made in the final department.Report ContentsThe report assesses the trading operations of British Petroleum to establish to which degree the operations of BP be in line with connect guidance theory. The project starts with a brief introduction on the melodic phrase of BP. This rights a wooden leg and develops a circumstance for further discussion. The second scratch discusses the research method adopted in the preparation of this project. Several methods argon explored an d the most feasible selected as the method of choice. The third section looks at bps operations in two respects international handicraft and world(prenominal)isation strategy, and corporate responsibility and ethics. The final section of the project is a conclusion that summ turn outs the main themes highlighted in the take to the woods, noning its achievements and limitations and sets the st board for future research. At this stage some recommendations are in like manner made.IntroductionBritish Petroleum (BP) is a global Oil and flatulency smart set with its headquarters in the UK. It is one(a) of the military mans largest businesses by virtue of its revenues. On is corporate website, it terms its self as one of the worlds largest companies, providing its customers with fuel for deportationation, vital force for heat and light, retail services and petrochemical products for occasional items. As of its financial year end 2009, it owned 22400 service displace around th e globe, it owned operations in 30 countries around the world, it utilise 80,300 people in polar countries, it owned 16 refineries around the world (with the biggest in Houston Texas), it produces 2.3 million barrels per day and owned oil reserves of about 18.3 Billion barrels (BP web 2010)Research MethodsThis project leases to assess the operations of BP. It takes into rivet two major issues in global business and strategy International trade globalisation strategy and ethics including aspects of corporate social responsibility. The trouble literature proposes some(prenominal) qualitative research methodologies (Bryman, 2004). These methodologies involve surveys, questionnaires, case studies, stress groups, experiments and interviews (Bryman, 2004). Pursuant to the aims of this project, a case study advancement is employed in which I consult several documents which discuss management theory (detailed in hammock, 2009) and I examine how their application in recital basin g on the case of British Petroleum. I use the BP website as a core source to derive culture for this purpose. Given the lack of resources, former(a) research methods such(prenominal) as interviews, questionnaires and focus groups are impractical. The next section details the operations of BP and the related theoretical underpinnings.British Petroleums globalisation strategyGlobalisation refers to the current trend where the world is becoming a global village by effectively inter-knitting, national boundaries are beness relaxed and countries are increasingly dependent on each other for survival. Globalisation presents epochal opportunities to businesses as well as challenges. Firms that potful cope with the trend jollify larger markets, cheaper resources and thereof higher proceeds cleverness. Firms that are un qualified to vie efficiently are faced out.As highlighted above BP is a global company with a highly acclaimed globalisation strategy. The winner of this strategy co uld be attri furthered several (three main) factors as discussed below.First-m e trulyplace improvementThe history of BP cigaret be traced back to the asylum of the Anglo Persian Oil Company, a subsidiary of the Burmah Oil Company in 1909. This flying explored the Persian golf for many years and was converted to the British Petroleum company after the Second World War. Scanty reports manoeuvre that the firm expanded tremendously by 1960 developing its operations beyond the Persian golf into North America. Most importantly it established a significant presence in the North Sea by being the graduation exercise company to catch out Oil in Alaska (BP web, 2010).The above indicates the aloofness to which BP has gone to establish itself as one of the worlds biggest and most successful companies. instinctive Trade theory suggests that first movers can benefit enormously from certain economic and strategic advantages in terms of operations. The theory argues that for those products where economies of scale are significant and represent a substantial portion of world requisite, the first movers in an attention can gain a scale ground cost advantage that later entrants find almost impossible to concur ( heap, 2009. p 187).First mover advantage can potentially condone the structure of the Oil and Gas perseverance. The industry is made up of hardly a(prenominal) big players and many small players in the Western world where rivalry is free. In other countries such as Kuwait, Saudi, Russia, China, Iraq and Qatar competition in the industry is restricted and the major oil exploiters are government owned.BP has established itself in most of the western world due to its first mover advantage. It is able to cut costs in its operations and derive benefits from economies of scale and scope. much firms can compete effectively in Oil exploitation, exploration, pedigree and refining, and therefore they turn to engage in the provision of support services such as d istribution or the derivation of chemicals for other manufacturing industries.Competitive advantagePorters findings on national competitive advantage can be all-encompassing to understand why BP locates in the regions it does. BP is a global firm but has operations at varying degrees in about 30 different countries world broad (BP web, 2010). Despite operating significantly in 30 countries, its products and services are available in over 100 countries (BP web, 2010).Porters baseball diamond asserts that the degree to which a nation is likely to achieve international success in a certain industry is a function of the feature impact of factor endowments, domestic help demand conditions, related and supporting industries and domestic rivalry (Hill, 2009. p 191). Hill (2009) argues that base porters theory a profit seeking firm should localize its operations in those countries where such activities can be performed optimally.BP operates in Africa, Asia, Australasia, Europe, North America and South America.In Africa, it operates in Joint Ventures with firms in Egypt, Angola and Algeria. Its choice to operate save in kernel ventures in this country can be explained by the political sparing of these countries. These countries cannot be termed as full democracies and are often susceptible to civic crisis. Operating as a joint venture, curbs the firms risk in the issuing of a political crisis but allows it to enjoy the revenues to be derived from its operations. It also has a huge presence in the Southern regions of Africa but in these regions it engages more than with the marketing of its solar force concepts. This region is rich in natural resources (sunshine) but the victimization of zip fastener networks is very poor. The countries in this region aver heavily on hydroelectricity which is usually not sufficient to provide for industries and households.BP also operates as joint ventures in Asia with operations in Pakistan, Vietnam, Indonesia, China, S outh Korea and Malaysia. It manufactures lubricants and solar panels in China and India where labour is cheap.BP does not explore petroleum in Australasia. Its operations in this region are geared towards the provision of solar energy.BP operates as a stand alone entity in much of Europe. Its operations in Russia are partly owned (joint venture) by a Russian company. It has major exploration and production facilities in Canada, Trinidad and Tobago, Venezuela and Columbia. These regions are rich in natural gas and oil necessitating BPs localisation to the areas.ProductsHill (2009) historied that Raymond Vernon developed the product lifecycle theory after his realisation that firms had to keep innovating in order to maintain a demand for their products and ensure growth in revenues. The theory can be used to explain the globalisation trends, asylum drive and product intermingle of British Petroleum.BP currently produces a wide range of energy products including oil, natural gas, win d energy, solar energy, bio fuels and petroleum based lubricants.Two decades ago, its primary product was Oil. Research and development in the industry has led to the introduction of spick and more sustainable forms of energy. These forms of energy are widely regarded as the future of the Oil and Gas industry. Speculators believe that at some point in time oil will be faced out as coal was faced out with the uncovering of oil. BP has realised the fact that oil as a product has reached its adulthood stage and its demand might diminish with the advent of new forms of energy. The firm has taken a colossal position in the new energy market by running a major portfolio of energy products representing the mix of all bespoke and innovative new forms of energy.Unlike televisions for illustration, Oil cannot be re-engineered and further developed. Innovation by modification is therefore difficult. BP has turned the focus on energy efficiency i.e. researching and developing ways in which energy can be saved. Instead of devising faster or stronger energy which might be impossible BP has turned the focus to the development of equipment and role techniques that will save energy through low consumption. This encompasses innovation that fuels the demand for its products.Ethics and Corporate Social ResponsibilityAs Hill (2009) emphasise ethical issues in international business are brought about by political, legal, economic and cultural differences in amongst countries- what is considered normal practice in one country might be considered unethical in some other (p. 124). The ethical challenge, I will argue, is significantly increased for global firms. BP for example operates in all the different continents of the world. In keeping with Hills argument ethics is relative and context dependent. In certain countries, it is ethical to employ boylike people. In the UK, all employees must be above the legal age of 18 to gain full employment. The legal age changes significa ntly between countries varying from 16 to 21. Most multi national firms deal with this challenge by devising a set of corporate values which govern their operations in all regions. BP web (2010) argues that the company is driven by quatern major values progressive, responsible, innovative and performance driven.In terms of being responsible, BP asserts that We are committed to the safety and development of our people and the communities and societies in which we operate. We aim for no accidents, no harm to people and no damage to the environment. This lading can be seen in the fact that BP reporting covers all aspects beyond financial reporting including health, safety, human rights, environment and energy.BP is at the forefront of the plumer energy debate. It does its bit by prosecute in energy livery initiatives and constantly researching on cleaner ways in which energy can be produced and delivered. It has diversified strongly into the green energy industry engaging in the p roduction of liquefied petroleum gas, fossil fuels and renewable energy.A major part of corporate ethics that has been pervasive in the management literature in recent years is corporate social responsibility. Hill (2009) argues that multinational corporations such as BP lose power that comes from their operations and their ability to move production from country to country. Considering for an instance the revenues generated by BP annually, I find that the corporations revenues is higher than the GDP of many countries. Social responsibility advocates that managers should consider more than just the economic consequences of their decisions (hill, 2009). More importantly, importance should be placed on the social consequences of decision making. The European commission defines corporate social responsibility as A concept whereby companies integrate social and environmental concerns in their business operations and in their interaction with their stakeholders on a intended basis (EC website, 2010). It basically refers to the companys interactions with its surrounding communities and looks at how the company strives to promote development and social cohesion and participates in maintaining the environment within such communities. A firms community is a major stakeholder of the firm and thus needs to be considered. BPs financial reporting incorporates major aspects such as its social responsibility, its strive for cleaner energy, its contributions towards preserving the environment and its strive to improve sustainable extraction of energy. Communities take corporate social responsibilities seriously especially when it comes to Oil and Gas firms. This is largely as a result of the potential dangers that can arise from their operations with these communities. Recent crises have ranged from large explosions with severe casualties to major spillages with the oddment of flora and fauna.-A review of the BP 2010 Oil spill crisisBP faced a heavy water horizon drilling rig explosion which killed 11 of its glum shore workers and injured 17 other workers. The rig gushed out over 5 million barrels of crude oil into the Mexican golf game between April and July 2010. The spill was catastrophic and so were its effect on savage life, the fishing industry, the tourism sector and the surrounding neighbourhoods. In response to this BP set up a crisis management program. It publicly apologized for the distress it caused and undertook to foot the clean up costs. The company has currently set up a $20 Billion dollar fund to manage the after-effects of the crisis. During the crisis, BP showed effort employing several techniques to search to stop the leakage. It also arranged a compensation plan for those touch by the crisis.This attests to the fact that BP takes its corporate social responsibility and ethics very strongly.Hill (2009) also notes the social contributions or social investments of BP in Algeria. Hill notes that BP realised its communities in A lgeria lacked clean drinking water and created two desalinization plants to produce clean what for the public. To add to this, the company provided water cans to help residents transport water from plants to their homes.ConclusionsSummary of findingsThis study has examined the operations of BP in the global context to see how certain management concepts are applied in practice. Two aspects globalisation strategy and corporate social responsibility were reviewed. BP is found to have a sophisticated globalisation strategy which it has fortified over the years. This helps it to compete efficiently and to remain one the worlds leading corporations. Again, BP is found to have a robust stance towards corporate social responsibility and ethics. Its industry is unsettled and it is pruned to corporate disasters such as spills and explosions. BP has managed to keep these to a minimum and when they do occur, BP has taken necessary steps to manage the crisis and limit the damageLimitationsThi s work is limited in the fact that it strongly relies on public information sources to assess the operations of BP. Several aspects could have been better scrutinized and invaluable insights pull through other research methods such as interviews with key workers and focus groups to draw varied opinion.Due to the limitations in space (number of words) the aspects discussed can not be reviewed in greater detail.Future research RecommendationsThis research has examined BPs operations in light of established theory but has not confirmed if such a method of operation is optimal. It might be interesting to investigate whether the product strategy, globalisation strategy or their get to ethics and corporate social responsibility affect their performance or contributes significantly towards the achievement of organisational goals and objectives. The limitations highlighted above also provide avenues for future research into the area.Several theories have been propounded in the management literature. Their understanding will only be facilitated by examining how these theories are applied in practice or by investigating the contributions of such theories to management practice. In light of this argument, this form of study is encouraged.