Police Brutality Essay -- Policeman Violence Rights Papers

Police Brutality Government policies reflect choices made among conflicting values and many different people, groups, and institutions influence policy decisions. Police brutality is influenced by many, such as our American political ideals of civil rights and liberties, the political process in terms of the media and our political institutions, one which the courts. CIVIL RIGHTS:Whats are out civil rights and liberties relating to the public policy issue of police brutality? Our civil rights and liberties are embedded in our constitution and state religion, freedom of speech, the rights to assemble peacefully and to petition the government, the right to bear arms, freedom of the press, the rights of the criminally accused, requirement of due process, and equal protection of the laws. Among these rights and liberties, we also have the right to not be inflicted any kind of cruel and unusual punishment. We as citizens of America have many rights and freedoms, of which we exercise everyday. The police are there to ensure us these rights and to protect harm to individuals or to society. However we as citizens tend to mistake police officers for robots who entail no hatred nor prejudices in other words society forgets that are also human. Human enough to feel many different feelings, emotions and attitudes towards many different issues or even people. This is not to say that every police officer would subject a citizen towards this negative attitude but current events and statistics show that the civil rights and liberties of Americans are being challenged everyday of the hands of â€Å"our protectors†, the police. Police brutality may occur violating the rights and liberties of any individual at any given time. How... ... WORK CITED CIVIL RIGHTS The Challenge of Democracy, Janda 5th Edition P.217 Beyond The Rodney King Story, Ogletree Northeastern University Press, 1995 Violence And the Police, William Westley, The mit press, 1970 Ebonye,†How TO STOP POLICE BRUTALITY†:HNS J. MASSAQUOI,V.46 JULY 1991 P.58-60 Essence,†Up Against The Wall Black Men and Cops†:LEs Payne;v.23 Nov.1992 p.72 Essence,†The Black and The Blues†, Jill Nelson; v.29 Sep 1985 p. 91-93 Jet,†NAACP’S Wade Henderson Testifies On Capitol Hill About Police Over reaction†: v.80 May 20,1991 p.32 THE MEDIA Washington Post, Bline Harden, June 14 1997 Washington Post,Frank G. Scifidi,March 16,1998 THE COURTS The Anarchical Society, Hedley bull, copyright 1997 Maclean’s, v.28 Dec 22,1997 Maclean’s, v.27 Dec 22 1997 The New York Times, Jan 1998, v147: p A18

Effects Packaging Materials on Shelf Life

EXPERIMENT 1: THE EFFECTS OF PACKAGING MATEIAL ON SHELF LIFE OF CRACKERS Introduction The type of food, chemical composition, size, storage conditions, expected shelf life, moisture content, aroma and appearance are just a few of the characteristics that must be taken into consideration when selecting the right material for a food product. A continuing trend in food packaging is the design of packages to extend the shelf life of foods while maintaining fresh-like quality.This places a high demand on selecting materials that not only provide the needed properties to maintain the quality of the food but it must be done at a cost effective price. The permeability of the packaging material is one of the most critical features of the package for affecting the quality of the food product. Objectives: I) To calculate the moisture uptake of different packaging materials II) To assess the texture hardness of the products by sensory analysis and texture analyzer III) To determine the estimated shelf-life of the products Materials:Crackers, packaging materials- HDPE, PP, Paper bag, aluminium foil, etc: plastic sealer: weighing balance, texture analyzer . Procedure: Two bags (duplicate) of crackers for each packaging materials was provided. The bags were filled with crackers, and then was weighed and stored at 25? C for 2 weeks. Two packets of crackers from the commercial packaging materials was weighed and stored at 25? C for 2 weeks as control. Each of the packets was reweighed after a week and the mean moisture uptake was determined after a week.After 1 week, for the commercial products, the packet was kept empty by removing all traces of the contents and the weight of the empty packages was weighed. The original mass of the contents was calculated according to the calculation given. From the results, the time (in weeks) before packages allow to uptake of 1% moisture (based on the mass of the content) was calculated. At this point (1% moisture uptake) was assumed, the p roduct had reached the end of its shelf life, and the result of the estimated shelf life was reported. Assessment of Crispiness: A) The means of ‘crispiness’ was decided in group. Sensory AnalysisThe commercial crackers as ‘standard’ was taken and each one of the crackers was bite down by using the incisor teeth only. The degree of crispiness was noted and this crispiness of the rating was given of 100. The crispiness of crackers was rated from different types of packet in the same manner by comparing each to the ‘standard’. As example, if you feel a biscuit is half as crispy as the standard, give it a rating of 50: if it twice as crispy gives it a rating of 200. A mean rating and SD of crackers of each type of packaging was calculated. B) Texture Analysis This method is using texture analyser TA-XT2 with the 3 point bending rigThe operating parameters of the analyzer was set and followed as below: TA setting Force in compression Return to star t Approach speed : 1. 0 mm/s Test speed : 0. 1 mm/s Post test speed : 2mm / s Distance : 10 mm (this may be made smaller if the crackers easily break Units : Newtons and millimeters Rig distance 40. 0 mm apart At least two crackers were prepared. the width and thickness of the crackers was measured, in the plane of the probe by vernier caliper. The crackers were placed on the right side up on the rig supports. The test was run.The Young’s Modulus was calculated from point 1. The breaking force from point 2 was recorded. With the cursor, from the graph that had been illustrated after the test run, the point 1 at d = 0. 1 mm was identified. The force and distance was recorded (chown on top left of screen). The force was converted from grams to Newtons and distances to metres. With the cursor, the point 2, the breaking point was identified. The force and distance was recorded. The force was converted from grams to Newtons and distance to metres. Identified whether Young’s modulus or breaking force are more reproducible parameter on the biscuits.Discussion: Moisture sensitive foods are susceptible to change in their environment and if it left opened will first become stale. Water migration and diffusion is considered to be one of the most important factors for the moisture sensitive foods. Moisture content analysis allows for a quantitative measure of the total amount of water present in a food item which can influence the texture, taste, and appearance of food products. According to military specification PCR-C-037, â€Å"Crackers, Fortified, Packaged in a Flexible Pouch, Shelf Stable†, moisture content shall be not less than 1. 5 percent and not greater than 4. percent. From the result obtained in this experiment, we discovered that the percentage of moisture content after 1 week for crackers in commercial packaging for mean for both sample was 0. 48% and 0. 48% after 2 week. Next for the HDPE packaging the moisture content for week 1 for sa mple 1 and 2 was 0. 95% and increased to 2. 14 % at week 2. The same situation happened for the PP packaging, the mean moisture content of crackers for week 1 for sample 1 and 2 1. 19 % then decreased to 0. 95 % at week 2. For the paper bag, the mean moisture content of the crackers for sample 1 and 2 at week 1 was 3. 2 % but increased to 4. 54% after 2 week. From the result, we observed that the commercial packaging material had lowest moisture loss followed with PP, HDPE and paper bag had the highest lost of moisture content of the crackers. It is because the paper bag had a high porosity to allow the moisture absorb on the paper. Sensory analysis allows for evaluation of food items with respect to appearance and palatability. Acceptability of the crackers was determined by a trained sensory evaluation panel, which assessed and rated the cracker for flavor, taste, odor, and texture.Ratings were based on a 9-point qualitative scale for each cracker attribute, along with an overall quality score for the cracker. According to military specification PCR-C-0372, â€Å"Crackers, Fortified, Packaged in a Flexible Pouch, Shelf Stable†, the cracker must receive an overall score of 5. 0 or higher based on the 9-point scale to be considered acceptable. From the evaluation of the crackers in different types of packaging materials, we observed the texture for both sample was ranked as 8 means it have a very good texture and do not stale, the color of the commercial packaging was very bright gold and ranked as 8.For the odor and taste, the commercial packaging was ranked as 7 which mean the aroma of the crackers was retained and retain the freshness of the taste of the crackers. The appearance of the crackers was ranked as 8 because the condition and shape of the crackers was still retained in original shape. The overall acceptability of the commercial packaging crackers was ranked as 7 and the crackers with commercial packaging have the highest ranked among the ot her packaging materials.In short, we can concluded from the sensory evaluation the texture of the crackers was well preserved by using commercial packaging followed by PP, HDPE and lastly paper bag. For the color of the crackers, the commercial packaging obtained the highest ranked followed by PP, HDPE and lastly paper bag. The color of the crackers in the paper bag packaging was very light yellow indicates the staling of the crackers. For the odor evaluation, as the same expected, the commercial packaging had the better odor, followed with HDPE, PP and lastly paper bag.Nest the evaluation of appearance, the commercial crackers packaging had better appearance followed with PP, HDPE and lastly crackers in paper bag packaging had poor appearance because the crackers had not retain the original crackers shape. The taste of the crackers was difficult to evaluate but the crackers from commercial packaging had the better taste and the freshness of crackers was retained, while the crackers from HDPE and PP packaging had the same crackers taste but the crackers from paper bag packaging had a very poor taste, the taste of the crackers was lost because of the moisture uptake of the crackers.The overall acceptability of the crackers from commercial packaging was 7 which means acceptable followed by PP and HDPE packaging but the crackers from paper bag packaging was assumed had a very poor acceptability due to the moisture uptake. The texture analysis was conducted because the presence of moisture is known to affect the hardness of food items like the crackers, as they absorb moisture from the environment around them. The crispiness means the force at which is the significant break in curve (not always present) or force at which material fracture.From the texture analysis, the result had showed that the crispiness of the crackers from the commercial packaging for sample 1 was 923. 45 and 773. 2 for sample 2, with overall mean for these two samples was 848. 32. Nest for th e HDPE packaging the crispiness of the texture were lowest compared to commercial packaging which result 632. 7 for sample 1 and 990. 2 for sample 2 with overall mean for two samples was 811. 45. The PP packaging showed for the sample the crispiness of the crackers was 858. 85 for sample 1 and 993. 45 for sample 2. Lastly for the paper bag packaging, the sample 1 had 1093. 25 and 793. forsample 2 and the mean for crispiness for both sample was 943. 53. For the determination of crispiness of the crackers in different type of packaging, we observed that crackers from commercial packaging had the highest crispiness rating which was 100 0 followed with PP packaging with reading obtained 75 0, HDPE 50 0 and lastly the crackers from the paper bag packaging with rating 25 0. Food packages made with plastic are permeable at different degrees to small molecules as example gases, water vapour, and organic vapour and to other low molecular weight compounds like aromas, flavour, and additives p resent into food.As a consequence of the barrier properties of the material, the transfer of this molecules ranges from high to low. The information of the solution/diffusion/permeation behaviors of these molecules through the polymer film has become important for polymers used in the food packaging. Many factors that can influence the polymer packages performance must be taken into consideration to design the correct package market solution.The use of different polymers in food packaging industry depends on the properties of the food product and also in manufacturing, handling, and packaging engineering procedures can influence the final properties of packaging material, especially in terms of barrier properties which are related to the intrinsic structure of the polymer such as degree of crystallinity, crystalline, nature of polymer, thermal and mechanical treatment before and after food contact, chemical groups present into the polymer, degree of cross-linking, and glass transiti on temperature.High density polyethylene (HDPE) was first developed for packaging as a film before being introduced as a bottle for milk in 1964. Its use for packaging has increased because of its low cost, flexibility, durability, ability to withstand the sterilizing process, and resistance to many chemicals. Polyethylene plastics have the generally advantageous properties of toughness, high tensile strength, and good barrier properties to moisture.A particularly important property of polyethylene plastics, which is due to their relatively low melting point ranges, is the ease with which packaging can be heat-sealed. The barrier properties of polyethylene plastics to oxygen andorganic substances are only moderate. These characteristics, along with properties such as clarity and stiffness, vary with the basic polyethylene parameters of density/crystallinity, molecular weight, and molecular weight distribution As food packaging, HDPE is most commonly associated with milk, oil, and ju ice bottles.Non-food packaging uses include supermarket bags, cleaning product containers, motor oil containers, agricultural films and chemical containers, paper bag liners, bags, crates, drums, and pails. Different grades of HDPE are used for different purposes. For example, there is a blow mould grade (used for milk bottles, and detergent bottles) and an injection grade material (ice cream containers). Disadvantages of HDPE as a packaging material include its low resistance to UV light and gas permeability.New technologies, such as barrier coatings and multi-layer materials, are being introduced to improve these characteristics. Conclusion: From the result from moisture content, sensory evaluation and texture analysis we can conclude that the packaging that had the highest moisture uptake which was 3. 82% for week 1 and 4. 54% for week 2 while the lowest moisture uptake was crackers with commercial packaging which was 0. 48% for first and second week. This is also supported by th e texture analysis which obtained that crackers for commercial packaging had 0. 48 kg, for PP packaging was 0. 811 kg followed with 0. 926 for HDPE packaging and 0. 943 kg for paper bag. The crispiness ratings obtained described that crackers from commercial packaging had the highest crispiness rating which was 1000, PP 750, PP 500 and paper bag was 250. From this evaluation, we conclude that the commercial packaging was the most preferred way in preserving the crackers quality, followed with HDPE packaging, PP packaging and the paper bag was the less preferred packaging for crackers due to highest moisture ptake. References: Philip T. , (2003). Packaging Materials Polyethylene for Food, Packaging Applications, 1-68 Nagi. H. P. S. , Kaur. J. , Dar. B. N. and S. Sharma (2012). Effect of Storage Period and Packaging on the Shelf Life of Cereal Bran Incorporated Biscuits. American Journal of Food Technology, 7: 301-310. Valentina. S. (2012). Food Packaging Permeability Behaviour: A Rep ort, International Journal of Polymer Science, Volume  2012, 1- 11.

Nvq Health and Socail Care Level 3 Assignment204 a

Abuse Physical Abuse What is physical abuse? Physical abuse is any abuse involving the use of force, this can be: Punching, hitting, slapping, pinching, kicking, in fact any form of physical attack Burning or scalding Restraint such as tying up or tying people to beds or furniture Refusal to allow access to toilet facilities Deliberate starvation or force feeding Leaving the individuals in wet or soiled clothing or bedding as a deliberate act to demonstrate power and strength of the abuser Excessive or inappropriate use of medicationA carer causing illness or injury to someone he or she cares for in order to gain attention Signs and symptoms associated with Physical abuse Pepper pot bruising-small bruises, usually on the chest, caused by poking with the finger or pulling of the clothes tightly. Finger-marks-often on arms or shoulders. Bruising in areas not normally bruised such as inside of thighs and arms. Marks on wrists, upper arms or legs which could be from tying to a bed or fur niture. Burns or scalds in unusual areas such as soles of feet, inside thighs. Ulcers, sores or rashes caused by wet bedding or clothing.Becoming withdrawn or anxious. Loss of interest in appearance. Loss of confidence. Sleeping problems. Change in eating habits. No longer laughing or joking. Feeling depressed or hopeless. Sexual abuse What is sexual abuse? Sexual abuse is the act in which sexual act have taken place without the persons consent. This can consist of: Sexual penetration of any part of the body with a penis, finger or any object Touching inappropriate parts of the body or any other form of sexual contact without the informed agreement of the individual Sexual exploitationExposure to, or involvement in, pornographic or erotic material Exposure to, or involvement in, sexual rituals Making sexual related comments or references which provide sexual gratification for the abuser Making threats about sexual activities. Signs and symptoms associated with Sexual abuse Marks on wrists, upper arms or legs which could be from tying to a bed or furniture. Becoming withdrawn or anxious. Loss of interest in appearance. Loss of confidence. Sleeping problems. Change in eating habits. No longer laughing or joking. Feeling depressed or hopeless. Unusual sexual behaviour.Blood marks on underclothes. Recurrent genital/urinary infections. Emotional/psychological abuse What is Emotional/psychological abuse? All the other forms of abuse also have an element of emotional abuse. Any situation which means that an individual becomes a victim of abuse at the hands of someone he or she trusted is, unavoidably, going to cause emotional distress. However, some abuse is purely emotional – there are no physical, sexual or financial elements involved. This abuse can take the form of: Humiliation, belittling, putting down Withdrawing or refusing affection Bullying Shouting or swearingMaking insulting or abusive remarks Racial abuse Constant teasing and poking fun. Signs and symptoms associated with Emotional/psychological abuse Becoming withdrawn or anxious. Loss of interest in appearance. Loss of confidence. Sleeping problems. Change in eating habits. No longer laughing or joking. Feeling depressed or hopeless. Becoming afraid of making decisions. Flinching or appearing afraid of close contact. Financial abuse What is financial abuse? Many service users are very vulnerable to financial abuse, particularly those who may have a limited understanding of money matters.Financial abuse, like all other forms of abuse, can be inflicted by family members and even friends as well as care workers or informal carers, and can take a range of forms such as: Stealing money or property Allowing or encouraging others to steal money or property Tricking or threatening individuals into giving away money or property Persuading individuals to take financial decisions which are not in their interests Withholding money, or refusing access to money Refusing to allow individu als to manage their own financial affairs Failing to support individuals to manage their own financial affairs. WHERE HAS IT GONESigns and symptoms associated with financial abuse Becoming withdrawn or anxious. Sleeping problems. Change in eating habits. No longer laughing or joking. Feeling depressed or hopeless. Missing cash or belongings, or bank accounts with unexplained withdrawals. Missing bank account records. Sudden change in attitude to financial matters. Institutional abuse What is Institutional Abuse? Institutional abuse is a type of systematic and organised abuse that mostly goes on in residential and hospital settings However, individuals can be abused in many other ways in settings where they could expect to be cared for and protected.For example: Individuals in residential settings are not given choice over day-to-day decisions such as mealtimes, bedtimes, Freedom to go out is limited by the institutional Privacy and dignity are not respected Personal correspondence i s opened by staff The setting is run for the convenience of staff, and not service users Excessive or inappropriate doses of sedation/medication are given Access to advice and advocacy is restricted or not allowed Complaints procedures are deliberately made unavailable. â€Å"Do you what Me? †Ã¢â‚¬Å"Just reach for me† â€Å"You can’tReach† â€Å"tough luck then I will just sit here† Signs and symptoms associated with Institutional abuse Becoming withdrawn or anxious. Sleeping problems. Change in eating habits. No longer laughing or joking. Feeling depressed or hopeless. Self-Neglect What is Self-Neglect? Many people neglect themselves when they are ill or depressed and unable to make the effort or some people neglect themselves as they feel incapable of looking after themselves. Working out when someone is neglecting themselves can be very difficult. Self-neglect can show in many of ways: Lack of personal hygieneLack of care about appearance and clo thing Failure to eat, or to buy food Failure to maintain a clean living environment Not bothering or refusing to obtain medical help Unwillingness to accept any support with daily living Unwillingness to see people or to go out. Signs and symptoms associated with Self neglect Sleeping problems. Change in eating habits. No longer laughing or joking. Feeling depressed or hopeless. Appearance Neglect by others What is Neglect by Others? This occurs when either a care worker or an informal carer fails to meet the care needs of a person.Neglect can happen because those responsible for providing the care do not realise its importance, or because they cannot be bothered, or choose not, to provide it. As the result of neglect, individuals can become ill, hungry, cold, dirty, injured or deprived of their rights. Neglecting someone you are supposed to be caring for can mean failing to undertake a range of care services, for example: Not providing adequate food Not providing assistance with ea ting food if necessary Not ensuring that the individual is adequately clothed Leaving the individual aloneNot assisting an individual to meet mobility or communication needs Failing to maintain a clean and hygienic living environment Failing to obtain necessary medical/health-care support Not supporting social contacts Not taking steps to provide a safe and secure environment for the individual. Signs and symptoms associated with Neglect by others: Becoming withdrawn or anxious. Sleeping problems Change in eating habits. No longer laughing or joking. Feeling depressed or hopeless. Appearance What you should do if you suspicions that an individual is being abused.As a carer you would record any signs or symptoms of an individual being abused to the line manage, your line manager may ask you to fill in a body chart indicating the location and description of the injuries which would be kept in the office copy of their care plan, you would not document it in the running report in their home as this can be read by anyone. As a carer your observations may add to other observations noticed by other carers or members of the team this will help to safeguard the service user as the line manage will have documentation to refer to the social workers to help this erson What you should do if an individual alleges that they are being abused. You must assume the person is tell the truth, You must be careful not to ask any leading questions e. g. ‘and did he punch you? ‘ you just ask ‘ and what happened? ’ you use your communication and listening skills so that the individual knows that they can trust you, then you would record exactly what the individual says and the details of the situation, you would not write this in the running report it would be documented on a separate document E. g. iece of paper then you would sign and date it and report it to the line manager and you would give them the statement, so that they can take responsibility. If the individual ask you to keep it to yourself, You would explain to them that you have to report this to your line manager as it is your duty of care under to NO SECRET policy and that the only people who will know are people who can help. Identify ways to ensure that evidence of abuse is preserved. You should always record details of the alleged/suspected abuse on a separate piece of paper and sign and date it, if any witnesses were present you should ask for their details e. . name and contact details and have them sign your document, if you have permission take photographic evidence of any physical injuries, collect all reports e. g. financial records, running reports, dietary reports and give it to you line manager so the information can be put into their care plan in a filing cabinet in the office and documented on the computer system National policies to safeguard individuals * Government Department of health – No secrets: Guidance on developing and implementing multi-agenc y policies and procedures to protect Vulnerable adults from abuse POVA Policy is there to prevent unsuitable people from working with vulnerable people. Local and organisational systems for safeguarding Care Quality Commission (CQC, have a role in safeguarding. It is there to monitor care setting are followed policies and procedures correctly. If you feel that your company is not following these, you have the right to contact CQC and report them. Disclosure and Barring Service DBS was formed by merging together the functions of the Criminal Records Bureau (CRB) and the Independent Safeguarding Authority (ISA) under the Protection of FreedomsAct 2012. It started functioning on 1 December 2012 and it is there to help prevent unsuitable people from working with children and vulnerable adults Different agencies/services in safeguarding and protecting individuals The importance of commination between different care providers is very important to safeguarding an individual, there can be a lot of different care providers involved in the service user life, this are origination such as:- * social services e. g. social workers, care assistants, the police * health services e. g.Gps, nurses, health visitors * voluntary services e. g. NSPCC, Age UK All origination involved in a service user life, will appoint a person from the health and social care setting to oversee the safeguarding assessment and its outcome, they also inform the police regarding all safeguarding incidents; chairing meetings, including the agreement of responsibilities; actions and time scales; co- coordinating and monitoring investigations and overseeing the convening of safeguarding case and providing information and outcomes to the safeguarding co- predicator.Identify sources of information and advice about own role in safeguarding and protecting individuals from abuse. As a carer you would get information and advice from your manager, you would go on training course every 12 months. you can also ge t information from the internet, leaflets or by contacting different agencies such as CQC, also I can look at the policies and procedures and agreed ways of working within the work place.

Intellectual Property Essay

1) Compare and contrast the differing protection offered by the law of patents and the law of copyright. In your opinion, are these differences accidental or do they have a sound commercial or legal basis ? Intellectual property rights are exclusive rights for their owners. Third parties are then generally prohibited from the use or exploitation of what is excluded by these rights. It is to be clarified that it is intended to focus solely on copyrights and patents. Trademark, confidentiality and designs, the other main types of intellectual property are beyond the scope of this essay. There is one simple way to comprehend the two concepts of patents and copyrights. On the one hand patent are rights over an invention. An invention is the result of reasoning. It is the production of some new or improved process or products that are both not obvious for a person skilled in the field and useful. On the other hand, copyrights are rights that protect art in general, art being any products of human's creative activities provided that more than trivial work has been done. The patent law can be seen as a monopoly created by parliament. In the year 1623 the Statute of Monopolies declared that all monopolies are void and of no effect. But an exception was made for the future grand of patent for the term of fourteen years to the first inventor provided it was not contrary to reason of raising price or restrictive of trade. Nowadays, it is basically the same principles that are applied. The copyright law can be seen as a way to restraint trade granted by Parliament. In 1709, the Copyright Act gave an author the exclusive right of printing his work for fourteen years. If the law has extended, the same concepts are still applied. The first point is the difference between what is ruled by patent and copyright. Patent law is protecting inventions. Patent Act 1977 defined an invention as something new thus which does not form part of the state of the art (s. 2(1))1. The state of the art being what was made available to the public in any way before the priority date of the patent (s. 2(2))2, this date correspond to the date of filling on which certain formalities are satisfied. The question to be asked in order to know if it was part of the art is not whether an information has actually been accessed but whether information could have been accessed prior the filling date. An old illustration of this would be the case of Lang v Gisborne3. In relation to a book, the question was whether the information was available and not whether the book had actually been sold. Thus we need to define what is construed as available to the public. In the Windsurfer4 case, a 12 year old boy, who built a sailboard and used it in public during his holidays, had been enough to make this invention available to the public. Moreover, in assessing if a disclosure of information is enough; it will be considered whether the person skilled in the art will be able to carry out trial and experiments to get to the invention (Synthon5). The last main hurdle for the obtention of a patent will be the requirement of inventiveness. An inventive step is one that is not obvious to a person skilled in the art (s. 3)6 and whether there is an inventive step or not has to be decided without hindsight (Haberman v Jackel7). A person 1 Patents Act 1977 s. 2(1) Patents Act 1977 s. 2(2) 3 Lang v Gisborne, 31 LJ. Ch 769 (1862) 4 Windsurfer International v Tabur Marine [1985] RPC 59, CA 5 Synthon v Smithkline Beecham [2005] UKHL 59, [2006] RPC 10 6 Patents Act 1977 s. 7 Haberman v Jackel International Ltd (1999) The times 21 January 1999 2 1 skilled in the art has been described as a graduate or engineer in the field concerned with a few years of experience (Dyson v Hoover8) , it was also held that it should be a â€Å"composite entity†, in other words a team of graduate and engineer (General Tire & Rubber Co v Firestone Tyre and Rubber Co Ltd9). Furthermore, an invention needs to be capable of industrial application which is rarely an issue. It will be analysed as such if it can be produced or used in any kind of industry, including agriculture (s. )10. Finally, an invention is patentable if not belonging to one of the excluded matter. A discovery, scientific theory, mathematical method, a scheme, rule or method of performing a mental act and playing a game or doing business are excluded (s. 1(2))11. Some others interesting exclusions exist, such as a literary, dramatic, musical or artistic work or any other aesthetic creation, a program for a computer and the presentation of information. These exclusions are interesting because they form part of what is subject to copyright, so what is protected by copyright. Indeed, copyright subsist in original literary, dramatic, musical or artistic works, sound recordings, films or broadcasting and typographical arrangement of published edition (s. 1)12. As with patent, a copyright need to fulfil certain criteria in order to be granted. There is a requirement of originality that applies to literary, musical, dramatic and artistic works but not to sound recording, films or broadcast. In the case of Univeristy of London Press13, it was established that the work must not be copied from another work but should originate from the author otherwise it will infringe. If the author has spent sufficient degree of skill, labour and judgement to establish originality then his work would be able to be protected by copyright. But often there is no requirement as to that quality. Thus, there is no requirement that a work should actually have literary value (Univeristy of London Press)14, it must be more than de minimis so that single words will not be protected by copyright (Exxon Corp)15. On the same line, there is no requirement of quality or merit of music as long as the sounds are not too simple and trivial. Furthermore, artistic works need not to present any merit (Vermaat and Powell v Boncrest)16. Finally, the protection offered by copyright only protects works that have been expressed in tangible format. In order to have ownership in the copyright, it is important to be able to prove authorship, often by producing the original creation of the work. If the process to get a copyright seems to be a simple and short process the process to obtain a patent is long and complicated. A formal registration is needed, has to be done within the UK Patent Office. One could say that is to allow authors which do not belong to a large company to be protected easily with copyright as soon as they make their original work in a Haberman v Jackel International Ltd [1999] FSR 683 Dyson Appliances v Hoover [1997] RPC 1, CA 9 General Tire & Rubber Co v Firestone Tyre & Rubber Co [1972] RPC 457 10 Patents Act 1977 s. 4 11 Patents Act 1977 s. 1(2) 12 Copyright, Designs and Patents Act 1988 s. 1 13 University of London Press Ltd v. University Tutorial Press Ltd (1916) 2 Ch. 601 14 University of London Press Ltd v. University Tutorial Press Ltd (1916) 2 Ch. 601 15 Exxon Corp v Exxon Insurance Consultants International Ltd [1981] 3 All ER 241 16 Vermaat and Powell v Boncrest Ltd (No. 2) [2002] FSR 21 8 2 angible format. It is why copyright is an accepted theory and seen as a limited monopoly17. Such monopoly is necessary to promote â€Å"the three level of competition in modern business, which are production consumption and innovation’’18. On the contrary patent protects large companies’ invention. It is fair to require more formalities from them to obtain a protection as they are able to call large resources and facilities. Many steps have to be followed but only a brief explanation will be given as it is a complex area. The most important thing is the specification that has to be made (s. 4(2))19. The specification need to be very precise. It shall describe the invention in a clear and completed way so that the invention can be performed by a person skilled in the art (s. 14(3))20. Therefore the specification should explain what has been created, the problems that the invention solves, how the invention differs from what has been created before. It has been explained previously how the patent and copyright cover different subject, so that, for example, music is protected by copyright and the Dyson mechanism of vacuum cleaner is protected by patent. If they cover different area, they also provide protection in rather different manners. In the patent law, there are two main infringements, infringement of a process, infringement of a product by process patents and infringement of a product. There is an infringement by a party when a party use a process and when the party must have known or it must have been obvious in the circumstance that the use of the process would infringe the patent (s. 60(1)(b))21. For product patents, the intention is irrelevant (Procter v. Bennis)22. Only the patentee has the right to dispose of the product, which is interpreted mainly as the right to sell the product (s. 60(1)(a))23. Note that it does not exclude the right to sell the product at a later date, this is the doctrine of exhaustion. In the same way, he is the only one who can import the product. An infringement will be constituted if someone imports a product when in trade. The right to keep the product for disposal or otherwise is also an exclusive right of the patentee. Lastly, the most important is the right to make the product. It has been held, that modifications or repairs of a patented product could be infringement as well (United Wire)24. It is possible to compare the interpretation in United Wire to the owner's rights of a copyright over adaptations of the original work. The copyright owner of a musical, dramatic or literary work is the only one to have the right to make an adaptation of the work (s. 16(1))25. An adaptation will be interpreted as such only if it relates to a substantial part of the copyright work (Sillitoe)26. The rights over the adaptation are the same as the one over the original work. The question is what these rights are over the original work. First, copying the work is an infringement. An exact copy of the work is forbidden. If not completely identical, a two part test has been established (Francis Day and Hunter)27. Firstly a degree of similarity is required between the two works. A substantial part must have been copied, in order to establish it, a qualitative test and not a quantitative test has to be applied (Ladborke v William 17 The institutionalist theory of law, Neil MacCormick. Copyright law, Monopoly or Monstrosity, by Alan Beckley. (Butterworth and Co 1996) 19 Patents Act 1977 s. 4(2) 20 Patents Act 1977 s. 14(3) 21 Patents Act 1977 s. 60(1)(b) 22 Procter v. Bennis et al. (1887), 4 R. P. C. 333 23 Patents Act 1977 s. 60(1)(a) 24 United Wire v Screen Repair Services (Scotland) [2000] 4 All ER 353, HL 25 Copyright, Designs and Patents Act 1988 s. 16(1) 26 Sillitoe v McGraw Hill Book Co. (UK) Ltd. [1983] FSR 545 27 Francis Day & Hunter Ltd v Bron [1963] Ch 587 (UK CofA) RR 207 18 3 Hill)28. Secondly, the infringing work must have some casual connection with the original work, which means that the infringing work must have some origin in the plaintiff's work. There are other main forbidden acts, such as issuing copies of the work to the public, performing, showing or playing the work in public, to broadcast the work or include it in a cable program service. It is also forbidden to authorise another to do a restricted act (s16(2))29. As seen previously, there is a wide protection for owners of copyright and patent, but in order to achieve a balance between owners and the public, some defence have been created in both patent and copyright law. In copyright law, there is a defence of fair dealing which allows research and private study only if is not undertaken for commercial purposes (s. 78)30 and only if it is for the person's own use (Sillitoe)31. Moreover, multiple copies will infringe, thus only singles copies are allowed (s29(3))32. The defence of fair dealing allows criticism or review provided sufficient acknowledgment is present which is obtained by identifying the work by its title or any description and by identifying the author o f the original work. Similar defence exists in patent law and provide protection for acts done in private and for non commercial purposes (s. 60(5)(a))33. There is also a defence for acts done in an experimental way and which relate to the matter of the invention (s. 60(5)(b))34. One of the main differences between patent and copyright is the length of protection they offer. A patent is granted for 20 years from the filing date. In literary, dramatic, musical and artistic works copyright protect the work during the author's life plus 70 years from the date the author dies. Why a difference in length between copyright and patent? As said previously, an author is protected by copyright all is lifetime because he is considered to be a weaker party. The 20 years protection offered with patent has been justified because of the time needed in testing of pharmaceutical and similar products for health and safety reason. In the point of view of a customer and the public copyright could be seen as a restriction on trade and patent as a monopoly for 20 years. It is common legal principle to say that restriction and monopoly are only justified to the extent that they are necessary to the public benefit. Lord Sydney Templeman said â€Å"patent and copyright are necessary to ensure that an inventor continues to invent and that an author continue to publish†35. 8 Ladbroke (Football) Ltd. v. William Hill (Football) Ltd. [1964] 1 W. L. R. 273 Copyright, Designs and Patents Act 1988 s. 16(2) 30 Copyright, Designs and Patents Act 1988 s. 178 31 Sillitoe v McGraw Hill Book Co. (UK) Ltd. [1983] FSR 545 32 Copyright, Designs and Patents Act 1988 s. 29(3) 33 Copyright, Designs and Patents Act 1988 s. 60(5)(a) 34 Copyright, Designs and Paten ts Act 1988 s. 60(5)(b) 35 Lord Sydney Templeman, Abstract Prior to his appointment to the UK House of Lords as a Law Lord. Oxford University Press 1998 29 4 Case List Dyson Appliances v Hoover [1997] RPC 1, CA Exxon Corp v Exxon Insurance Consultants International Ltd [1981] 3 All ER 241 Francis Day & Hunter Ltd v Bron [1963] Ch 587 (UK CofA) RR 207 General Tire & Rubber Co v Firestone Tyre & Rubber Co [1972] RPC 457 Haberman v Jackel International Ltd (1999) The times 21 January 1999 Haberman v Jackel International Ltd [1999] FSR 683 Lang v Gisborne, 31 LJ. Ch 769 (1862) Ladbroke (Football) Ltd. v. William Hill (Football) Ltd. [1964] 1 W. L. R. 273 Sillitoe v McGraw Hill Book Co. (UK) Ltd. 1983] FSR 545 Synthon v Smithkline Beecham [2005] UKHL 59, [2006] RPC 10 United Wire v Screen Repair Services (Scotland) [2000] 4 All ER 353, HL University of London Press Ltd v. University Tutorial Press Ltd (1916) 2 Ch. 601 Vermaat and Powell v Boncrest Ltd (No. 2) [2002] FSR 21 Windsurfer International v Tabur Marine [1985] RPC 59, CA Bibliography Holyoak & Torremans, Intellectual Property Law (5th ed. 2008) Oxford Colston & Galloway, Modern Intell ectual Property Law (3rd ed. 2010) Routledge Bainbridge, Intellectual Property (8th ed. 2010) Pearson Lexis Nexis Westlaw 5

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