Showing posts with label farheen ansari. Show all posts
Showing posts with label farheen ansari. Show all posts

29 March 2014

intellectual property rights and types

Common types of intellectual property rights include:
Ø  Copyright
Ø  Trademarks
Ø  Patents
Ø  Industrial design rights
Ø  Trade dress
Ø  Trade secrets
Ø  Copyright: A copyright gives the creator of an original work exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or "works". Copyright does not cover ideas and information themselves, only the form or manner in which they are expressed. Exclusive privilege to authors to reproduce, distribute, perform, or display their creative works.

Ø  Trademarks: A trademark is a recognizable sign, design or expression which identifies products or services of a particular source from those of others.

Ø  Patents: A patent grants an inventor exclusive rights to make, use, sell, and import an invention for a limited period of time, in exchange for the public disclosure of the invention. An invention is a solution to a specific technological problem, which may be a product or a process.
Ø  Industrial design rights: An industrial design right protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft.

Ø  Trade dress: Trade dress is a legal term of art that generally refers to characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers.

Ø  Trade secrets: A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers.

The rights of authors of literary and artistic works (such as books and other writings, musical compositions, paintings, sculpture, computer programs and films) are protected by copyright. Also, protection is granted to related or neighboring rights like the rights of performers (e.g. actors, singers and musicians), producers of phonograms (sound recordings) and broadcasting organizations.

The purpose of related rights is to protect the legal interests of certain persons and legal entities who contribute to making works available to the public; or who produce subject matter which, while not qualifying as works under the copyright systems of all countries, contain sufficient creativity or technical and organizational skill to justify recognition of a copyright-like property right. The law of related rights deems that the productions which result from the activities of such persons and entities merit legal protection in themselves, as they are related to the protection of works of authorship under copyright. Some laws make clear, however, that the exercise of related rights should leave intact, and in no way affect, the protection of copyright.
Traditionally, related rights have been granted to three categories of beneficiaries:
  • Performers,
  • Producers of phonograms and
  • Broadcasting organizations.
The rights of performers are recognized because their creative intervention is necessary to give life to, for example, motion pictures or musical, dramatic and choreographic works; and because they have a justifiable interest in legal protection of their individual interpretations. The rights of producers of phonograms are recognized because their creative, financial and organizational resources are necessary to make sound recordings available to the public in the form of commercial phonograms; and because of their legitimate interest in having the legal resources to take action against unauthorized uses, be this the making and distribution of unauthorized copies (piracy), or the unauthorized broadcasting or communication to the public of their phonograms. Likewise, the rights of broadcasting organizations are recognized because of their role in making works available to the public, and in light of their justified interest in controlling the transmission and retransmission of their broadcasts.

intellectual property rights and copyrights

Intellectual property (IP) is the creation of human intellect. It refers to the ideas, knowledge, invention, innovation, creativity, and research etc, all being the product of human mind and is similar to any property, whether movable or immovable, wherein the proprietor or the owner may exclusively use his property at will and has the right to prevent others from using it, without his permission. It is a legal concept which refers to creations of the mind for which exclusive rights are recognized. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. The rights relating to intellectual property are known as 'Intellectual Property Rights'.

Intellectual Property Rights
Intellectual Property Rights, by providing exclusive rights to the inventor or creator, encourages more and more people to invest time, efforts and money in such innovations and creations. Intellectual property rights are customarily divided into two main areas:-
One area can be characterized as
(1)   Protection of distinctive signs, in particular trademarks (which distinguish the goods or services of one undertaking from those of other undertakings)
(2)    Geographical indications (which identifies a good as originating in a place where a given characteristic of the good is essentially attributable).
Other types of industrial property are protected primarily to stimulate innovation, design and the creation of technology. This category includes inventions (protected by patents), industrial designs and trade secrets.
Phase I: East India Company Statute
At the time of its introduction in India, copyright law had already been under development in Britain for over a century and the provisions of the 1847 enactment reflected the learnings from deliberations during this period. Thus, in it’s very first avatar, copyright had arrived in India as a modern law that was both abstract (encompassing “all works” of literature and art) and forward looking (in the way that it sought to accommodate both existing and new forms of subject matter). As a result, many of the philosophical debates over the nature of ‘literary property’ that had animated the initial years of copyright development in Britain were conspicuous by their absence in the sub-continent.
Phase II – Copyright Act 1914
In 1914, the then Indian legislature enacted a new Copyright Act which merely extended most portions of the United Kingdom Copyright Act of 1911 to India. It did, however, make a few minor modifications.
First, it introduced criminal sanctions for copyright infringement. Second, it modified the scope of the term of copyright; the "sole right" of the author to "produce, reproduce, perform or publish a translation of the work shall subsist only for a period of ten years from the date of the first publication of the work." The author, however, retained her "sole rights" if within the period of ten years she published or authorized publication of her work a translation in any language in respect of that language.

The 1914 Act was continued with minor adaptations and modifications till the 1957 Act was brought into force on 24 January 1958 – very shortly after the attainment of independence.
Phase III – Post Independence
Independent India accorded high priority to formulation of her own law on copyright. The Indian Copyright Act 1957 repealed the Indian Copyright Act 1914 which had virtually incorporated the whole of the Imperial Copyright Act 1911. The revision of the 1914 Act occurred within a mere seven years of Independence.
First, it was clear that continued existence of the 1911 Act through the 1914 Act was unbecoming to "the changed constitutional status of India." Second, the 1914 Act did not accord with the 1948 Brussels Act of the Berne Convention and the 1952 Universal Copyright Convention – chiefly in the much longer terms that the Berne Convention mandated. Third, new "and advanced method of communications" rendered modernization of the law necessary. Fourth, the need for an "independent self-contained law" was also felt in the light of the experience of the "working" of the 1911 Act, and more important, of "the growing public consciousness of the rights and obligations of the authors."
Three sets of ancillary amendments succeeded the 1957 Act. In 1983, several new sections were introduced into the act. Sections 32A and 32B provided for 'compulsory licences' for publication of copyrighted foreign works in any Indian language for the purposes of systematic instructional activities at a "low price" with the permission of the Copyright Board on certain conditions. The other crucial change was the insertion of section 19A, relating to the conferral of power in the Copyright Board, upon a due complaint to it, to order revocation of the assigned copyright where either the terms are 'harsh' or where the publication of the work is unduly delayed.
Subsequently, after a gap of a decade, sweeping changes were introduced through an amendment in 1994. These included:
1) The increase of the term of copyright from fifty years post mortem to sixty years;
2) The extension of copyright to new types of works including computer programmes and performances;
3) The redefinition of “communication to the public” so that a work is communicated “regardless of whether any member of the public actually sees, hears or otherwise enjoys the work”.
4) An overhaul of the vocabulary employed in the Act, for instance – substituting ‘broadcast’ for ‘radio diffusion’, ‘work of architecture’ in the place of ‘architectural work’, ‘sound recording’ in the place of ‘record’
5) Clarification of the ownership of copyrights over public speeches and works by public undertakings.

implication of organisational development

 For Individuals
1.       Most individuals believe in their personal growth. Even today, training and development, promotion to the next higher position dominates the organization philosophy.
2.       Majority of the people are desirous of making greater contributions to the organizations they are serving. Achievements of organizational goals are however, subject to limitations or environmental constraints. It is for the organizations to tap the skills that are available in abundance.

This leads to adopt the following organization strategy for development:
       Ask questions to resolve doubts.             
       Listen to superior’s advice.
       Support employees in their venture.
       Accept challenge.
       Leaders to encourage creativity and promote risk taking.
       Give additional responsibility to subordinates.
       Set high standards of quality.
       Empower employees.
    Initiate suitable reward system that should be compatible, if not more than the                       industry norms.

For Groups
a)      One of the most important factors in the organization is the ‘work group’ around whom the organization functions. This includes the peer group and the leader (boss)
b)      More people prefer to be part of the group because the group accepts them.
Most people are capable of making higher contributions to the group’s effectiveness.

Following strategy is required to be adopted for group development based on the above assumptions:
a)      Invest in training and development of the group. Money and time spent on this is  an investment for the organization. Leaders should also invest in development of skills and thus help create a position organizational climate.
b)      Let the team flourish. Teams are the best approach to get the work done. Apart from the above, teams enjoy emotional and job satisfaction when they work in groups.
                     c)   Leaders should adopt team leadership style and not autocratic leadership style. To do    this, jobs should be allotted to the team and not to the individualIt is not possible for one individual (leader) to perform both, the leadership and maintenance functions. It is therefore necessary for team members to assist leader in performance of his duties.
d ) Group should be trained in conflict management, stress management, group decision-making, collaboration, and effective interpersonal communication. This will improve organizational effectiveness. Empowerment is the corner stone of the successful  organizations.
             e)  Leaders should pay particular attention to the feelings of the employees. It should be understood that suppressed feeling and attitudes adversely affect problem-solving, personal growth and job satisfaction.
                    f)    Development of group cohesiveness.

For Organizations
a)      Create learning organization culture.
b)      Adopt win-win strategy for sustained growth.
c)       Create cooperative dynamics rather than competitive organizational dynamics in the organization.
d)      Needs and aspirations of the employees in the organization must be met. This leads to greater participation of the employees. Organizations should adopt developmental outlook and seek opportunities in which people can experience  personal and professional growth.
e)       Such orientation creates a self-fulfilling prophecy. People must be treated with due respect and considered important. The credit of success must be given to the employees unconditionally.
f)       Promote organizational citizenship.
g)       It is possible to create organizations that are humane, democratic and empowering on one hand and high performing in terms of productivity, quality of output, profitability, and growth on the other. It is the responsibility of every entrepreneur to ensure that the needs of the society are met.

organisational development

Organizational Development is a long-term effort, led and supported by top management, to improve an organizational visioning, empowerment, learning, and problem-solving processes, through an ongoing, collaborative management of organizational culture- with special emphasis on the culture of intact work teams and other team configurations-using the consultant-facilitator role and the theory and technology of applied behavioural science, including action research.
The important aspects include:
(a)    Long-term effort
(b)   Led and supported by top management
(c)    Visioning processes-viable, coherent and shared picture
(d)   Empowerment processes
(e)   Learning processes
(f)     Problem solving processes
(g)    Ongoing collaborative management of the organizational culture
(h)   Intact work teams and other configurations
(i)      Cross- functional teams
(j)     Consultant- facilitator role
(k)    Theory and technology of applied behavioural science
(l)      Action research 

“Organization transformation can occur in response to or in anticipation of major changes in the organization’s environment or technology. In addition these changes are often associated with significant alterations in the firm’s   business strategy, which, in turn, may require modifying corporate culture as well as internal structures and processes to support the new direction. Such fundamental change entails new paradigm for organizing  and managing organizations. It involves qualitatively different ways of perceiving, thinking, and behaving in the organizations”.
OD is a system wide application of behavioural science knowledge to the planned development and re-enforcement of organizational strategies, structures, and processes for improving an organization’s effectiveness (Cummings and Worley, 1993).
“Organizational Development is a long-term behavioural philosophy initiated by the top management. It relates to use of latest technologies and organizational processes to affect planned change by establishing cultural framework based on vision, empowerment and employee well being leading to attainment of quality of work life and organizational effectiveness thus creating a learned organization. OBJECTIVES OF ORGANIZATIONAL
  1. Individual and group development.
  2. Development of organization culture and processes by constant interaction between members irrespective of levels of hierarchy.
  3. Inculcating team spirit.
  4. Empowerment of social side of employees.
5.       Focus of value development
  1. Employee participation, problem-solving and decision-making at various levels.
  2. Evaluate present systems and introduction of new systems thereby achieving total system change if required.
  3. Transformation and achievement of competitive edge of the organization.
  4. Achieve organization growth by total human inputs by way of research and development, innovations, creativity and exploiting human talent.
10.   Behaviour modification and self managed team as the basic unit of an organization.

introduction to marketing

          Purpose of Business                    is                                  
                                   PROFIT ……….!!
                PROFIT                                        is                                       
  • ------- Peter  F. Drucker

  • Deals with identifying and meeting human and social needs.
  • Meeting needs profitably.
  • Deliver a higher standard of living.
  • Social process by which individuals and groups obtain what they need and want through creating, offering and freely exchanging products & services of value with others.
  • The art of selling products.
  • “The process of planning and executing the conception, pricing, promotion and distribution of ideas, goods and services to create exchanges that satisfy individual & organizational goals.

          Needs . . . .
        Basic Human Requirements.
        State of felt deprivation.
                    Food, Water, Clothing, Shelter, Recreation, Education                                               
          Wants . . . .
                    Needs diverted to specific objects.
                    Forms of needs shaped by culture, personality . . .
                Burger & Cola, Mineral Water
          Demands . . . .
                    Wants for specific products backed by an ability to pay                                           
                Mercedes Benz, BMW  Self Production

                      4  WAYS OF SATISFACTION :
  1. Self Production
          Power . . . Generation
          Self Education . . . Eklavya
          Reliance Jamnagar Plant.
  1. Co-ercion
          Power Cut (M.P. or Karnataka)
          Spurious Goods
          Tel / Electricity Bills
          Reliance Wireless Roaming Service

  1. Supplication
          State Economy - Budgeting
          Brazil Economy
          Management Quota in Seats
          Gas Cylinder, Subsidy
  1. Exchange
          All Transactions incl.
          Credit Card, ATM Card (!!)
Introspect  to  analyse  fluctuations  of  OIL  prices
in the international markets based on above 4 ways


1)      There are at least two parties.
2)      Each party has something that might be of value to the other party.
3)      Each party is capable of communication & delivery.
4)      Each party is to accept or reject the exchange offer.
Each party believes it is appropriate and desirable to deal with the other party


Three aspects
LEADERSHIP-The idea or concept of leadership
LEADERS-the desired characteristics of effective leaders
LEADING-the successful practice of Leadership
Leadership begins and ends with Human Beings- their ASPIRATIONS, EMOTIONS AND MOTIVATION.

Definitions of Leadership:
Dean Acheson “The successful resolution of problems”
Harry Truman “ Persuading people to do what they should have done
                          in the first place”
Tacitus           “ Reason and calm judgment “
Napoleon        “ Dealing in hope”
John Harvey Jones “Getting extraordinary performance out of
                                  ordinary people

Leadership is the art or process of influencing people so that
they will strive willingly and enthusiastically towards
achievement of group goals

  1. Personal Integrity 
  2. Willingness to accept responsibility
  3. Understanding People
  4. Communication
  5. Selflessness
  6. Confidence
  7. Intuition
  8. Vision
  9. Ability to make decisions
  10. Ability to simplify situations


Leadership is an art of influencing others
It requires a Knowledge-base and Expertise which few have but
which can be developed with effort and dedication.
Leadership involves taking those you are in charge of, from where
they are now to where they will be.

management function- organising

Aspects of Organizing:
(a)Formal and Informal
(b)Span of Control
(c )Problems with levels in organization
     (1) Levels are expensive
     (2) Levels complicate communication
     (3) Levels complicate planning and control
The principle of the span management states that there is a limit to the number of subordinates a manager can effectively supervise, but the exact number will depend on the impact of underlying factors
(d) Gracuinas’ formula:
C= n ( 2    + n-1 )       c= number of relationships
                               n= number of subordinates
(e) Richman’s case        
Factors which affect the span of control:
  1. Amount of training
  2. Clarity and delegation of authority
  3. Clarity of plans and repetitiveness of operations
  4. Verifiability of objectives
  5. Changes in external and internal environments
  6. Communications techniques
  7. Interaction between superior and subordinates
  8. Meetings effectiveness
  9. Number of specialities at lower and middle levels
  10. Competence and training of the manager
  11. Complexity of the task
  12. Subordinates’ willingness to assume responsibility
  13. Maturity of subordinates

The managerial function of staffing is defined as filling and keeping filled,positions in the organizational structure.This is done by identifying workforce requirements, inventorying the people and
6.Planning the careers of
8.Training & Developing
n.b. The above tasks are to be accomplished  Efficiently and Effectively
Staffing is separated from Organizing because of:
(a)Staffing organizational roles not recognized by practicing managers
(b)Staffing places greater emphasis on the human element
(c )Important body of knowledge and experience has been developed

(d)Managers often overlook the fact that staffing is their responsibility and not that of the Personnel department 

function of management- planning

A manager’s most essential task is to see that everyone understands the group’s purposes and objectives and its methods of attaining them
Planning involves selecting missions and objectives and the actions to achieve them; that is choosing from among alternatives future courses of action.
Planning bridges the gap from where we are to where we want to be.
Planning by its very nature consists of 4 major aspects:
  1. Its contribution to purpose and objectives
  2. Its primacy among the manager’s tasks
  3. Its pervasiveness
  4. The efficiency of resulting plans
Planning and controlling are very closely connected and are inseparable. A plan without controlling aspects included or controls without planning both are useless for the manager and serve no purpose 
Terminology used in planning:
  1. Objectives and Goals:They represent not only the end point in planning but also the end point for organizing,staffing, leading and controlling
  2. Strategies: is defined as the determination of the basic long-term objectives of an enterprise and the adoption of courses of action and allocation of resources necessary to achieve these goals.
  3. Policies:are also plans and define an area within which a decision is to be made and ensure that the decision will be consistent with, and contribute to, an objective.
  4. Procedures: are plans that establish a required method of handling future activities
  5. Rules: spell out specific required actions or non-actions, allowing no discretion
  6. Programs: are a complex of goals, policies, procedures, rules, task assignments, steps taken, resources to be employed, and other elements necessary
Planning is a vital and necessary management function. The functions of organizing, leading, and controlling all carry out the objectives and goals determined by planning. All organizations operate in uncertain environments and Planning helps it to adapt to change and uncertainty.Formal Planning is an activity that distinguishes managers from non-managers. Formal Planning distinguishes effective managers from ineffective ones.
Planning includes all the activities that lead to the definition of objectives and to the determination of appropriate courses of action to achieve those objectives.
There are the following 4 benefits to planning:
  1. Planning forces managers to think ahead
  2. It leads to the development of performance standards that enable more effective management control
  3. Having to formulate plans forces management to articulate clear objectives
  4. Planning enables an organization to be better prepared for sudden developments
The 4 aspects can be explained in terms of:
(a)    Increasing time spans between present decisions and future results
(b)   Increasing organizational complexity
(c)    Increased external change
(d)   Planning and other management functions
      Types of Planning:
Although effective planning focuses on the custome and on issues of quality and competitiveness, planning activity differs in scope, time-frame, and level of detail.
Scope: refers to the range of activities covered by the plan
Time frame: is the period considered by the plan, ranging from short term and long term
Level of detail: concerns the specificity of the plan
There are 3 types of Plans:
  1. Strategic
  2. Operational
  3. Strategic Planning:The activities that lead to the definition of objectives for the entire organization and to the determination of appropriate strategies for achieving those objectives
  4. Operational Planning:Translates the broad concepts of the strategic plan into clear numbers, specific steps, and measurable objectives in the short term
  5. Tactical Planning: planning that deals more with issues of efficiency than with long term effectiveness 
There are the following elements in Planning:
(B)   Actions
              (C)  Resources

(D)   Implementation

opportunities for growth in marketing

1.       INTENSIVE

Ø  Intensive Growth:
        Opportunities  in current Product Market.

Ø      Integrative Growth:
        Opportunities in other part of core - marketing system
Ø      Diversification Growth:
        Opportunities outside the core – marketing system

1 ) Stimulate consumers to increase present rate of usage:
     a) Increase unit of purchase.
      b) Increase rate of production development &            obsolescene.
      c) Suggest new uses for the product.
      d) Offer price incentives for increased use
2)  Attract Competitors Customers:
    a) Improving brand differentiation
    b) Stepping up promotion.
3) Attract Non – Users

 1 ) Open additional geographical markets:
      a) Regional.
      b) National.
      c) International Expansion.
 2) Attract other market segments:
     a) Developing  product  (suitable) versions.
     b) Entering other channel of distribution.
     c) Advertise in other media

1)  New Product Features.
 2) Create different Quality Versions.
 3) Develop additional models and sizes

2 - Integrative Growth
(a) Basic industry that has strong growth future.
 (b) Company increase profitability, efficiency or  control by moving Backward, Forward or                                                                                                                                                             Horizontal in the industry

2.a)  Backward Integration: - Company seeks  ownership or increased control of its supply           systems.
 2.b) Forward Integration: - Company seeks ownership or increased control of (its) distribution                 systems.
  2.c) Horizontal Integration: - Company seeks  ownership or increased control of some of the   competitors.