Friday, September 6, 2019
The Essence of Love Essay Example for Free
The Essence of Love Essay The essence of love is an eternally controversial topic, the opinions of which vary from person to person. Some dont have sufficient faith in pure-love, on the contrary, others are firmly convinced that love is unconditional. From my perspective, love is as immaculate as snow that people yearn for, however to some extent, the material factor is supposed to be emphasized beyond reproach. What should be reached an absolute consensus is that genuine love cant depend on how much money he or she possesses, as the reason why you love him or her is relevant to nothing but the feeling when you get together. Your life can be perfect if you grow old with whom you love. When love comes to you, you can fly like an angel, living where full of brilliantly-colored and fragrant flowers. Nevertheless, coming back to earth, if you dont have money, how can your life be sustained? No one can deny that there is a common phenomenon in terms of love that many people divorce or lovers break up just due to economic reasons, like a tragedy. In the course of going in for eternal love, you may be in a dilemma that how to figure out the tricky and perplexing question which is more significant, the true love or the money? However, as a matter of fact, money is the base of our life, as correspond to love. What if you marry a person who is not your cup of tea?
Ukraine Facts Essay Example for Free
Ukraine Facts Essay Ukraine is located in southeastern Europe, occupying the northern shore of the Black Sea. Its former ruler, Russia, borders it to the east and northeast, with Belarus to the north and Poland, Slovakia, Hungary, Rumania, and Moldova to the west. Europeââ¬â¢s second-largest nation (behind Russia), it occupies 603,700 square miles in area, 56% percent of which includes rich arable land, found in the nationââ¬â¢s plains (steppes) and plateaus; only the far western and Crimean regions are relatively mountainous and the nationââ¬â¢s highest point, Hora Hoverla, is 6762 feet above sea level (The World Factbook). The Dnieper River, Ukraineââ¬â¢s most important waterway, bisects the country and is the location of the capital, Kiev. Its climate and precipitation vary greatly, with the Crimea enjoying a Mediterranean climate and cool winters. The remainder of the country is temperate, with generally warm summers and winters varying from moderately to extremely cold. History Though modern Ukrainian independence arrived in 1991, after the Soviet Union dissolved, it was a strong nation in the tenth and eleventh centuries, before internal divisions and foreign invasions placed it under Polish and Lithuanian rule for several centuries. Between the mid-seventeenth and late eighteenth centuries, Ukrainian Cossacks (the nomadic peoples known for their horsemanship and fighting skill) helped win the nation its independence. However, Ukraine fell under Russian rule in the late eighteenth century and remained Russian-controlled, except for a brief period between 1917 and 1920. During Russiaââ¬â¢s rule, Ukraine was afflicted by famines (particularly in 1921-22 and 1932-33) which killed over eight million citizens, and it suffered considerably during World War II, losing an additional eight million during the Nazi invasion and subsequent Soviet offensive (The World Factbook). Though Ukraine achieved independence again in 1991, it remained a dictatorship under some degree of Russian control, afflicted by corruption that stymied efforts at political and economic reform. The 2004 election of reformer Viktor Yushchenko as president (despite the oppositionââ¬â¢s efforts to rig the election and poison the pro-democracy candidate) marks a potential turning point in Ukrainian history Culture Despite its long periods of foreign occupation, Ukraine has managed to retain its distinctive culture, particularly its language, which closely resembles Russian and uses the Cyrillic alphabet like most other Slavic languages. However, its ethnic minorities continue to use their own languages, though (mainly Russian, with small pockets of Poles, Rumanians, and Hungarians). Communist rule discouraged religion, but since 1991 Ukraineââ¬â¢s religious practices revived, with slightly less than half of the population adhering to the Ukrainian Orthodox Church. Slightly more than one-third of Ukrainians still practice no religion or belong to no church, while there also rather small minorities of Protestants, Catholics, and Jews (The World Factbook). After attaining independence, Ukraine was slow to adopt democracy, though calls for reform and Yushchenkoââ¬â¢s election signal the nationââ¬â¢s desire to orient itself toward Western Europe and adopt both democracy and a free-market economy. Its economy, initially slow to prosper, has opened itself to foreign business and improved within the last few years. REFERENCES Anonymous. (1996). Welcome to Ukraine. Retrieved 30 January 2006 from http://www. ukraine. org/. (2006). CIA ââ¬â The World Factbook ââ¬â Ukraine. Retrieved 30 January 2006 from http://www. cia. gov/cia/publications/factbook/print/up. htm
Thursday, September 5, 2019
Analysis of Singapores Intellectual Property Laws
Analysis of Singapores Intellectual Property Laws The Issue of Intellectual Property Protection From 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 involved, and then we will provide recommendation to give our client a better idea of the rules and regulations they should abide. Summary of the cases McDonald 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 to coffee beverages. Both cases mentioned above 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 Involved In 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 Law 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 involved: Section 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 Part A or B of the register. Reason: McDonald 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. Section 15: It 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 deceive 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 of: The same goods; The same description of goods; or Services or a description of services, which are associated with those goods or goods of that description. Reason: McDonald 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 mentioned 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 association 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 Mechanism: Singapore 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 fine 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 case Relevant laws and their application: Under 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, Mc; Under s15 of the Act that the registration of the three marks would likely deceive or cause confusion to the public; and Under s23(1) of the Act that the application marks were identical with or nearly resembled the trade marks belonging to the appellant. Fairness and unfairness: First 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 it is in the aspects of appearance, sound or concept. Thus, it proves that customers/consumers had more ways to differentiate 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 recognition 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 naming 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 the 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. Steps to further protect intellectual property rights For McDonald Corporation: Increase 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 Holdings: Food 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) Recommendation As 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 respects 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/Trade 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 Example: If 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 arise 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 require 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 protection Lastly, 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 Through 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. References 1McDonalds Corp v Future Enterprises Pte Ltd 2Food Empire Holdings Ltd 3 McDonalds Wikipedia, the free encyclopedia 4 Welcome to McDonalds 5 McDonalds Singapore 6 Singapore Intellectual Property Law#section5 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 Appendices Extra Information Section A: A: 1 Statute Law Statue Law is written law that is created by governing 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; new 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 de cisions 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) Carnival Cruise Lines Inc v Sitmar Cruises Ltd [1994] 120 ALR 495 (folld) Compatibility Research Ltd v Computer Psyche 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) Lever 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, 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, 20 July 2001) (refd) Sports Cafà © Ltd b Registrar of Trade Marks (1998) 42 IPR 552 (folld) Super Coffeemix Manufacturing Ltd v Unico Trading Pte Ltd [2000] 3 SLR 145 (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) A:4 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 Section 15: McDonald Corporation objected the use of McBagel in bagel bakery restaurant, as it would create confusion in public that people might think that McBagel is somehow 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 Courts Section B: B: 1 Scenario of first case: McDonald 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 case: The dispute continues as Future Enterprise, a subsidiary and core unit of listed Food Empire Holding decided to updates it product design, MacCoffee to drop its original 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 enough 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 packaging Old Packaging New Packaging Schedule of Meeting Date Discussion 28th May 2008 Analyze the cases Facts Inter-relationship Tasks allocated to each of the members 30th May 2008 Discuss the research done Singapore Laws (Statute Law Common Law) Singapore Courts Intellectual Property Rights Started the report writing 5th June 2008 Continuation of the report Modification of report Error Checking Rephrasing 9th June 2008 Finalization of the report Work Plan 3.1 Description of Assignment The 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 Members Nur Afidah Binte Afandi, Mark Heng Kok Hoong, Teo Lay Hoon, Goh Kok Jui Kelvin, Chai Guo Wei Problems 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 wastage. Analysis of Singapores Intellectual Property Laws Analysis of Singapores Intellectual Property Laws The Issue of Intellectual Property Protection From 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 involved, and then we will provide recommendation to give our client a better idea of the rules and regulations they should abide. Summary of the cases McDonald 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 to coffee beverages. Both cases mentioned above 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 Involved In 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 Law 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 involved: Section 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 Part A or B of the register. Reason: McDonald 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. Section 15: It 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 deceive 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 of: The same goods; The same description of goods; or Services or a description of services, which are associated with those goods or goods of that description. Reason: McDonald 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 mentioned 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 association 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 Mechanism: Singapore 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 fine 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 case Relevant laws and their application: Under 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, Mc; Under s15 of the Act that the registration of the three marks would likely deceive or cause confusion to the public; and Under s23(1) of the Act that the application marks were identical with or nearly resembled the trade marks belonging to the appellant. Fairness and unfairness: First 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 it is in the aspects of appearance, sound or concept. Thus, it proves that customers/consumers had more ways to differentiate 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 recognition 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 naming 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 the 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. Steps to further protect intellectual property rights For McDonald Corporation: Increase 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 Holdings: Food 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) Recommendation As 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 respects 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/Trade 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 Example: If 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 arise 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 require 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 protection Lastly, 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 Through 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. References 1McDonalds Corp v Future Enterprises Pte Ltd 2Food Empire Holdings Ltd 3 McDonalds Wikipedia, the free encyclopedia 4 Welcome to McDonalds 5 McDonalds Singapore 6 Singapore Intellectual Property Law#section5 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 Appendices Extra Information Section A: A: 1 Statute Law Statue Law is written law that is created by governing 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; new 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 de cisions 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) Carnival Cruise Lines Inc v Sitmar Cruises Ltd [1994] 120 ALR 495 (folld) Compatibility Research Ltd v Computer Psyche 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) Lever 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, 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, 20 July 2001) (refd) Sports Cafà © Ltd b Registrar of Trade Marks (1998) 42 IPR 552 (folld) Super Coffeemix Manufacturing Ltd v Unico Trading Pte Ltd [2000] 3 SLR 145 (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) A:4 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 Section 15: McDonald Corporation objected the use of McBagel in bagel bakery restaurant, as it would create confusion in public that people might think that McBagel is somehow 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 Courts Section B: B: 1 Scenario of first case: McDonald 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 case: The dispute continues as Future Enterprise, a subsidiary and core unit of listed Food Empire Holding decided to updates it product design, MacCoffee to drop its original 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 enough 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 packaging Old Packaging New Packaging Schedule of Meeting Date Discussion 28th May 2008 Analyze the cases Facts Inter-relationship Tasks allocated to each of the members 30th May 2008 Discuss the research done Singapore Laws (Statute Law Common Law) Singapore Courts Intellectual Property Rights Started the report writing 5th June 2008 Continuation of the report Modification of report Error Checking Rephrasing 9th June 2008 Finalization of the report Work Plan 3.1 Description of Assignment The 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 Members Nur Afidah Binte Afandi, Mark Heng Kok Hoong, Teo Lay Hoon, Goh Kok Jui Kelvin, Chai Guo Wei Problems 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 wastage.
Wednesday, September 4, 2019
politicians personal lives Essay -- essays research papers
Politicians make decisions that affect our everyday lives to the very state of defense for our country, and the media seems to personify personal parts of their lives. Should the press be allowed to interfere in and report on political figures personal lives? Some say they should, the people have a rite to know how an elected office candidate acts on said persons casual life. Others argue it’s an intrusion on privacy. It is my belief that these people run our country, but they all have personal lives that should be respected for the following reasons dignity, respect, and even suicide. Ã Ã Ã Ã Ã To begin with dignity is a base foundation of a person. Without dignity what good is a person’s word. Allowing the mass media to report on personal lives causes a direct loss of the subject’s personal dignity, and can lead to mistrust among voters and peers. When dignity is compromised scandals are allowed to run rampant. Scandals can affect a politicians public image, and voters and the general public may gain a misleading image of the candidate and ignore the person’s actual stance on issue therefore swaying voters to believe a false image. And example of this is the current president George Bush while his public image portrayed by the media is a redneck moron who used to do cocaine in 9/11 incident. Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã In addition respect is the basic respect for people is what bui...
Tuesday, September 3, 2019
Essay on The Crucible: The Concept of Conscience :: Essay on The Crucible
The Crucible:à The Concept of Conscience Conscience is the awareness of right and wrong. In The Crucible, the idea of conscience in strongly emphasized. Miller himself said, "No critic seemed to sense what I was after [which was] the conflict between a manââ¬â¢s raw deeds and his conception of himself; the question of whether conscience is in fact an organic part of the human being, and what happens when it is handed over not merely to the state or the mores of the time but to oneââ¬â¢s friend or wife." The idea of conscience in the play The Crucible is based very much on Christian concepts, firstly the idea of morality, or conscience of right and wrong, secondly the idea of the confession of sin, and finally the idea of guilt and penance for sins. Conscience, then, as an issue of morality, is defined very clearly at the start of the play. "â⬠¦a minister is the Lordââ¬â¢s man in the parish; a minister is not to be so lightly crossed and contradicted" says Parris in Act One. Here it is established that theologically the minister, in this case, Parris, is supposed to be the ultimate decider of morality in Salem. The Church, in theocratic Massachusetts, defines conscience. Right and wrong is decided by authority, and the authority here is the Church. Law is based on the doctrines of the Church, and Salem is a theocracy. à "For good purposes, even high purposes, the people of Salem developed a theocracy, a combine of state and religious power whose function was to keep the community together, and to prevent any kind of disunityâ⬠¦but all organization is and must be grounded on the idea of exclusion and prohibition, just as two objects cannot occupy the same space. Evidently the time came in New England when the repressions of order were heavier than seemed warranted by the dangers against which the order was organized." So firstly Salem was a place where the conscience of the people was strictly governed by the theocracy, and socially Salem was repressive. However, at the start of the book, we see that the people of Salem have already begun to strain under this strict idea of conscience, this repression. Abigail says to John, "I look for John Proctor that took me from my sleep and put knowledge in my heart! I never knew what pretence Salem was, I never knew the lying lessons I was taught by all these Christian women and their covenanted men! And now you bid me tear the light out of my eyes?
Monday, September 2, 2019
Three Cups of Tea Essays -- Literary Analysis, Greg Mortenson, Oliver
Three Cups of Tea is a book written by Greg Mortenson and Oliver Relin. It centers on Mortensonââ¬â¢s journey to build schools in Pakistan. When Mortenson ended up in Korphe after an attempt on the climb of K2, Mortenson was in the care of Haji Ali. Mortenson promised to build a school in Korphe after learning that Korphe did not have a school. Since then, Haji Ali became a large influence in Mortensonââ¬â¢s life and his mission in the Korphe school. Haji Ali, the chief of Korphe, first met Mortenson when he landed in Korphe after he failed climbing K2. He took care of Mortenson letting him rest and giving him tea. When Haji ali told Mortenson that Korphe had no school and that the Pakistani government didnââ¬â¢t prove a teacher, Mortenson promised to build a school for all the things Haji Ali did for him back in Korphe (Relin and Mortenson 31-33). He showed Mortenson the way of life in Pakistan, and the things need to be done in order to build the school. While Mortenson was away, Haji Ali discussed the school in Korphe. He told Mortenson that they have to build a bridge (Relin and Mortenson 97). Mortenson was angry, not angry with the villagers in Korphe, but angry with himself for not planning better. How else would they carry the supplies needed for the school? With Haji Aliââ¬â¢s advice of building a bridge, Mortenson stayed in Korphe until he understood everything that needs to be done in order to build the school. H aji Ali was the one that proposed every healthy man in the village to lend a hand in carrying the cable and stones to Korphe to starting building the bridge (Relin and 114). Sooner or later with everybodyââ¬â¢s help, the bridge has been built with the final plank put in place by Haji Ali (Relin and Mortenson 123). After the b... ...bided the education of girls and the construction of the school. Mortenson learned to respect the ways of the Balti people when Haji Ali told him about the lesson of the three cups of tea. He now knows to trust the local villagers when it comes to finding another location for a new school by going to places where he already had contacts with. Mortenson learned from Haji Ali not to go anywhere in Pakistan without the hospitality of a village chief. Finally, Haji Aliââ¬â¢s last words taught Mortenson to listen to the children, as in to think of them when continuing to build more schools. With all the lessons Haji Ali taught Mortenson, Mortenson is now more effective with dealings with locals in the region resulting in being more effective as the director of CAI. Everyone needs someone like Haji Ali in their life to potentially succeed in whatever the mission life brings.
Sunday, September 1, 2019
Literature of the Western World Essay
The hallmarks of the epic hero represent different traits like possessing super-human or superior, being courageous and intellectual, and being responsible and strong leader. The epic hero undergoes phases of struggle in the journey of self-discovery against the constraints in the societal changes. In the poem Odyssey, the main character Odyssey struggles on the way to self-discovery until he overcomes the obstacles and in his venture to fend off the suitors of his wife Penelope. Odyssey has all the qualities of an epic hero for he is brave, courageous, superior strength, and intelligence wins him back his wife (Wilkie & Hurt, 1998, p 19). In the poem Iliad by Homer, the epic hero, Achilles although in some aspects is different epic hero; he has pride and arrogance that characterize the epic heroes (132). In the Aeneid by Virgil hero is more of improvised and imitated than it is the case of epic hero. The Aeneid is derivative for it borrows from Homer and contextualizes it in Roman and Virgilian. The individualistic view is portrayed in Iliad depicting the characters from his own judgment at his time but not according to the canonical standards (273). In the epic of Gilgamesh, the main character Gilgamesh has all the qualities of an epic hero because he goes out of his way to serve his people and show respect to those who reciprocate his actions to them. Pride is his tragic flaw; Gilgamesh learns his lessons after losing his arrogance. He has great heroââ¬â¢s attributes because he is great leader, ready to sacrifice his life for his people and thus he fits in the Heroic Code (973). The Sophocles play Oedipus Rex is the greatest tragedies the Elizabethan era has ever produced. The plot revolves around Oedipus and the prophesy of the oracle. In the play after prophesy is fulfilled, plague affects Thebes and King Oedipus is committed unravel the cause. When he consults the oracle, it is like a person going through a process of gradual self discovery where he is told of the murder of King Laius. Oblivious of his own destruction, Oedipus follows each hint to the discovery from which he promises to punish the culprit. When Oedipus accuses Tiresias of blindness, it is Oedipus who is blind because he does not consider himself as the person who might have committed the murder crime. He lacks vision and he is like a dog trying to bite its tail. The image of blindness is effective in the play because those who are blind like Tiresias who is the prophet have vision and insights to matters that those with sight like Oedipus cannot see. Oedipus is ignorantly blind although he has eyes to see. Though physically blind, Tiresias can ultimately see what Oedipus is ignorant of (741). In the epic poem Paradise Lost by Milton, the persona expresses the frustrations of the fact that he cannot see and therefore not able to sufficiently serve God. Wilkie and Hurt (1998) points out that just like play where Oedipus learns of Tiresias vision; the persona of the poem grasps the fact that he can use positively his physical impairness as part of Godââ¬â¢s work (2099). There are different forms of poems raging from odes, elegies, sonnets, and pastorals. Ode is a lyrical poem that is a moderate piece dealing with serious subject matter. Romanticism poets utilized odes to explore problems of general and personal matter. An example of ode poem is Ode to a Nightingale by Keats that praises the famous Nightingale for the servitude to others. An elegy is a classical poem which is made up of couplets where the poem is about lamentation for loss of something or a person. The poem revolves around reflection of things that were shared in life and nostalgic remembrance of the vanished past. The main theme explored is death. An example of elegy; A memory of a sister by Thomas Hardy where the speaker nostalgically remembers his dead sister. Pastoral poem explore on leisure and some of the example is Miltonââ¬â¢s Lycidas (842). Pastoral poem is viewed as sub-group of elegies for focus is on the subject of mourning and of love. The distinguishing factor is that they dwell on the idealized rather than focusing on the realistic aspects of life. Sonnet on the other hand is a poem that consists of fourteen lines and is of two kinds; the Petrarchan and the Elizabethan sonnets. The Petrarchan sonnet is composed of two parts; one with eight lines and the other with six while the Elizabethan sonnet entails three segments of four lines and the concluding two lines called a couplet. A Farewell to Arms by Hemingway is an example of an Elizabethan sonnet (879). In analyzing the nature and effect of the ââ¬Å"framework taleâ⬠in the Canterbury Tales, The 1001 Nights, and the Decameron, the social life from the classical period is explored. The Canterbury Tales explores the pilgrimsââ¬â¢ journey to gain forgiveness and blessings in travel that represents a section of the society in England then. In the epic journey, Chaucer explores the Elizabethan society infusing it with romantic scenes. Martyrs, miracles, and curses are ultimately explored in death where the journey is all about discovery among the travelers where societal virtues and morals which are imparted upon generations while vices are despised via the symbolic journey (1670). In The 1001 Nights by Al-Jahshiyari is Arabic literary works that has had influence in European literary works. Just like the Canterbury Tales, The 1001 Nights explores on religious journey of the Arabs in their quest to find more about spiritual fulfillment. Its oriental function is important for it is equated to the Elizabethan societyââ¬â¢s journey through the classical portrayal in self-discovery (1572). The Decameron explores on the mediaeval era society where philosophical aspects emerge in the society and ultimately employs divine comedy. Literal aspects in society form part of the message explored while allegorical stories touch on Christianity. Like in classical literature where characters are literary involved in the journey of discovery, these plays have background on the journey via which the characters have to undertake learning important lessons in life (1878). The worldview is literary depicted in the Divine Comedy by Dante where by the society of the Middle Ages was explored on the theological perspective and the Renaissanceââ¬â¢s philosophical expanse. The comedy uses the humanistic approach via which the theme of self discovery; the journey in the society towards the affirmation and redemption of the characters in the light of God. The comedy is structured in an epic poem where Christââ¬â¢s life of resurrecting from death after he had suffered. Analyzing the Divine Comedy, it is paramount to not that it is not about a mythologized hero but reflection on contemporary person. Dante uses humble language in contextualizing the Christââ¬â¢s message for the reader access. The poetic ingenuity is great because Dante employs his wit through the verse where meditation, dialogue, theological musing, and cosmology are explored carrying the reader through his or her reading. The comedy fits in the concept of contrapasso in the sense that it reflects on the speakerââ¬â¢s suffering in lack of the knowledge of redemption to eternal light. The suffering in Hell is brought out in the medieval belief and the society has to undergo the divine justice for eternal redemption of the sinners who form the society (1405). Reference Wilkie, B & Hurt, J. (1998). Literature of the Western World: The Ancient World through the Renaissance (5th Ed.). Upper Saddle River, New Jersey: Prentice-Hall Inc.
Subscribe to:
Posts (Atom)