Tuberculosis and Student Success Center

Description of the communicable disease (causes, symptoms, mode of transmission, complications, treatment) and the demographic of interest (mortality, morbidity, incidence, and prevalence). Describe the determinants of health and explain how those factors contribute to the development of this disease. Discuss the epidemiologic triangle as it relates to the communicable disease you have selected. Include the host factors, agent factors (presence or absence), and environmental factors. (The textbook describes each element of the epidemiologic triangle).Explain the role of the community health nurse (case finding, reporting, data collecting, data analysis, and follow-up). Identify at least one national agency or organization that addresses the communicable disease chosen and describe how the organization(s) contributes to resolving or reducing the impact of disease. Tuberculosis, MTB, or TB (short for tubercle bacillus), in the past also called Phthisis or Phthisis pulmonalis, is a comm on, and in many cases lethal, infectious disease caused by various strains of mycobacteria, usually Mycobacterium tuberculosis.[1] Tuberculosis typically attacks the lungs, but can also affect other parts of the body. It is spread through the air when people who have an active TB infection cough, sneeze, or otherwise transmit respiratory fluids through the air. [2] Most infections are asymptomatic and latent, but about one in ten latent infections eventually progresses to active disease which, if left untreated, kills more than 50% of those so infected.The classic symptoms of active TB infection are a chronic cough with blood-tinged sputum, fever, night sweats, and weight loss (the latter giving rise to the formerly prevalent term â€Å"consumption†). Infection of other organs causes a wide range of symptoms. Diagnosis of active TB relies on radiology (commonly chest X-rays), as well as microscopic examination and microbiological culture of body fluids. Diagnosis of latent TB relies on the tuberculin skin test (TST) and/or blood tests.Treatment is difficult and requires administration of multiple antibiotics over a long period of time. Social contacts are also screened and treated if necessary. Antibiotic resistance is a growing problem in multiple drug-resistant tuberculosis (MDR-TB) infections. Prevention relies on screening programs and vaccination with the bacillus Calmette–Guerin vaccine. A minimum of three references is required. Refer to â€Å"Communicable Disease Chain. † Prepare this assignment according to the APA guidelines found in the APA Style Guide, located in the Student Success Center.An abstract is not required. This assignment uses a grading rubric. Instructors will be using the rubric to grade the assignment; therefore, students should review the rubric prior to beginning the assignment to become familiar with the assignment criteria and expectations for successful completion of the assignment. You are required to submi t this assignment to Turnitin. Refer to the directions in the Student Success Center. Only Word documents can be submitted to Turnitin.

Music Production Essay

Over the past few decades, electronic music and its respective genres have revolutionized the music industry by creating new styles of music that have evolved the aesthetics of the popular songs we hear today. The process of composing today’s music via a computer and software has become infinitely more efficient compared to traditional recording, which mainly uses acoustic instruments and â€Å"old-school hardware†. The process of composition has been stream-lined and revolutionized over the recent years, thus opening more doors for artists’ originality and creativity. To learn the ropes of music production, one can learn to be a producer by attending recording or music school. However recording school is not for everyone, It can be too expensive for some and too â€Å"academic† for others. A music producer’s job can be as easy as sitting on the couch listening and nodding and as active as controlling the mixer as well as calibrating the equipment for a vocalist. Good music producers understand every aspect of studio production. They also have a very good ear and a well-rounded knowledge of how voices and instruments produce recordable sound. One thing virtually all ‘computer generated’ music has in common is the use of samples. Samples are sound bytes, anywhere from really small blips to lengthy ambient noises, sometimes spanning the entire length of the song. The triggering of samples in an interesting way is what creates the rhythm and atmosphere of the song. Most electronic drum beats consist entirely of triggered samples. A sampler is a program or device which is used to record and trigger sound samples, usually included in the main production software. These devices are the heart of today’s electronic music; they are the engines which produce the actual sounds you hear. Changing and manipulating sounds is the key to capturing the listener’s attention. Effects have always played a major role in not just electronic music, but across all genres. The difference is that with electronic music, the listener will usually accept more layers of background effects than as with other types of music. Effects are used to take basic sounds and variate them in an interesting and sonically enhancing manner. Some of the common effects producers use include reverberation (reverb), echo, flange, chorus, and distortion. When you first start producing music, or even if you have been making music for decades, you will find that it is a challenge to turn one’s ideas directly into a song! (AllCrunchy 1) When it comes to what you physically need to be a music producer, a computer is naturally a must-have piece of hardware. One can produce a good sounding track with almost any kind of modern computer. A DAW (Digital Audio Workstation) is also a requirement. The DAW is a software environment in which you create and compose the music and it is one of the most essential components in one’s music studio. To put it simply, it’s music making software. VST (Virtual Studio Technology) synthesizers and effects are also a must if you’re going to start making music digitally with a computer. VSTi’s (VST instruments) are virtual synthesizers that produce different kind of sounds. You can use them just like you would use real hardware , only difference being that they’re software and you install them just like any other application, then open them within a DAW to compose melodies and make music. The most common thing that prevents beginners from getting a full sounding song is not filling the â€Å"box† that is volume, panning, and frequency. The typical situation is this: as more and more sounds are layered together, the audio may start to â€Å"clip†. (Clipping is a form of waveform distortion that occurs when an amplifier is over-driven and attempts to deliver an output voltage or current beyond its maximum capability) Therefore, one would turn the gain down on the each channel of the mixer so it doesn’t clip. But then, it sounds quiet. In order to fix this, compression and (EQ) equalization come in to play. Another issue novice producers may face is when too many conflicting frequencies are overlapping in a mix. As a result of overlapping sounds, the song may sound â€Å"muddy†. To prevent mud, you must consciously keep in mind what range of frequencies you are adding with each new part. Frequencies will overlap, no matter what instruments you choose. A lot of VST instrument plugins have presets that sound very good on their own, but when thrown together with other presets, they clash. A lot of these presets are full sounding, filling up a lot of low and high end. Unless you carve out the clashing frequencies using EQ, you will get a muffled, muddy sound when throwing presets together. For example, two bass sounds on top of each other will interfere, resulting in a strange sounding phase effect. If you want to use two instruments that use up the same frequency spectrum, you’ll want to carve out the highs on one and carve out the lows on the other equalizer. The end result of adding equalization and modifying volume should add up to a track with a full, clear sound.

Media ethics in advertising

Media ethics is defined as, the norms or standards of behavior that guide moral choices about the conduct of dealing with particular ethical principles applied by the media organizations, while advertising ethics is an emotional process that is normally applied by the media organizations to reach the general public, with a core objective of creating persuasion to the audiences to take a particular action on a particular product or event being advertised.Although there are no laws governing the communication process carried out by most advertising agencies, the media organisation pursuing the advertisements are basically regulated by the self organisation so as to ,maintain the standards and reputation of the media organisation to the public. The advertising media may include; advertising agencies, news papers, films, television stations and radio stations depending on the preferences of the product manufactures.[1]In this case, we find that most businessmen use the media as their mea ns of promoting their products to the market, through advertising, which is said to increase the audiences’ need for consuming particular products that are presented by the media, and its through this advertising that the society is notified of the presence of a new product in the market, we see that once a product is bought, another product emerges in the market. Therefore, advertising is used to influence the decision making process of a particular audience to purchase a particular product due to desires created by the media through its attractive presentation of the products quality.In this case, the audiences are said to be a major factor in median advertising communication, since it is through the audiences that the conveying and sourcing of information by the media for business organizations is made successful. The media itself regards the audience as being passive in the interpretation of media messages. And it is in this messages that the media gets the power to influ ences the audience. These audiences can be noticed by the specific needs that are always specific, whereby they are forced to look upon the media so as they can derive their satisfaction.[2]The audiences are therefore, forced to tolerate various advertising information done by the media depending on their desire to fulfill their specified needs.   Personality under this, we find that the audience have the urge of using the advertisements on the media wanting to compare themselves with other people in the society, or even compare their lifestyle and situations with others so that they can identify their status in the society, therefore they are forced to watch, read or listen to particular media items despite the fact that they are adverts.The need for dependency makes the audience to be looking upon the media to be given information about the events taking place and the products present in the market globally, so they have to tolerate the messages by the media so as they get the i nformation about a particular event taking place. In this case we find that the audience read, listen and interpret the message depending on their socio-economic class, gender, age, education and their ethnic backgrounds, in this manner we find that they are influenced by the media to carry out a particular action or even to copy the concepts of life shown in the message that is put across to them through advertisements.We see that the audience is made aware of the product and how they are to obtain it. Awareness is a stage where a consumer or the audience must have the knowledge of the existence of a particular product in the market, this is because, if a buyer is not aware of the product then there will be no action taken on the purchasing process and the business owner is likely to undergo losses due to lack of the market for its product. The media also creates interest to the audience about a particular product, he intends to buy, and therefore, he is persuaded by the content of the message presented by the media that the product is relevant to his needs.[3]Through the media, understanding is imposed on the audience whereby, the consumer should be able to know how the particular product will meet his needs, thus the media includes the benefits and the procedures of using a particular product, under this, and the media practices its role of educating its audience. Media ethics plays a major role in the creation of attitude of the audiences; under this, the consumer must be able to develop a positive feeling towards the product, depending on the persuasive message given by the media about the product. And finally we see that the audience is led to the purchase of the product, although it may take some time later after trying to get the shop that stocks the favorite this also enriches both the business and the media when the goods are sold.So, most media houses take this advantage of their presentation of the product to give various products false information so that, it may get its awareness by the audience. We find the advertisers use various methods to influence the society at large, this include:Disinformation is the passing of false information by the media. This act include   the giving out of counterfeit information or photographs   about a particular product, with an intention of misleading the audience by convincing them to believe the untruth statements, so that they engage in a particular activity so as the source of the particular information may benefit.This practice is not only practiced by the business owners, but it is also used by various political leaders and the government, who influence the media organizations to disseminate certain information that is meant to undermine other leaders in the government and through this, we find that the audience are led to take an action depending on the message given to them by the media who are surely, aware that the information included in the advertisement is not true.   Th is is usually referred to as false advertising in which the advertising agencies use a deliberate untrue statement to gain a profitable advantage; under this many consumers are persuaded to engage in business transactions or activities that will fulfill the need of the advertisement.[4]The business owners are said to using the following methods to influence the consumers to purchase their products this includes: Pricing Methods; this is the most applied practice by most business owners, it is said to be the prime way to deceit consumers into paying more than the advertised price, we find that, they advertise a particular sale price and when one gets to the shop he finds that the price is not the exact advertised price in the media.The other method applied by the business men is the introductory offer, this applied only for a period of time, where we see that when a new product is brought into the market, there is always an introductory offer to the consumers and after the expiry of the introductory time, the consumers who had accepted the first offer are not noticed on the changes and they are found to be buying the products thus benefiting the producers. The intention for this is to have the consumers to get used to the first offer whereby they continue buying the products without the knowledge of an increase in the price; this practice is usually used on the selling of electronic appliances.The other deceptive method used by the advertisers is the; misrepresentation; this is a situation where, a particular product is given some descriptive values that it actually doesn’t carry, this is mainly used to mislead the consumers that a particular product posses, an example of this is the case where most consumers were misled by a message showing that a higher level of animal care is provided, than was actually the case by the United Egg Producers’ logo on egg cartons   which said â€Å"Animal Care Certified† [5]Other producers are better know n for misleading their consumers by the use of over sizing and under sizing the packages of the products, we find that most of the packages are packed leaving some vacant spaces at the top, this is basically found in products that are normally packed in cans and this character is not noticed until it is purchased and opened by the consumer, this is mostly deceptive where the consumer is convinced that the weight and size of the product is worth the money he is paying for the product.This method is deceptive in a manner that we find that the packaging is of the same size but it carries a less product than before. Thus the consumers continue buying the products knowing that the quantity of the product is still the same as it was in the beginning, and the unethical practices appears when the label on the product is changed to be a sign of the new amount of the product, but it is always presented in a manner that is not easily noticeable.Sexuality is another concept used by most busines ses whereby, it is argued that this method is the most effective for drawing the consumers’ immediate interest, holding it and, in the long run, introducing a product that associates with that interest created by the media. In this case we find that various images of pretty women are related to an advertisement which does not accurately connect with the characteristics of the product being advertised.This method is normally used in advertising cosmetic products, whereby the display of sexual acts are highly said to be explicit to the consumers thus enhancing attractive features of the products. The sex appeal may be presented in an electronic media such as the radio, where there is a limitation on visual activities; therefore the advertisers opt to use a voice that reveals a particular emotion after the use of the particular good, while in print and television media the use of sexual images is exclusively used.[6]  Though this advertising may also have some negative impacts on the audience whereby, we may find that the person may not be able to fulfill the desires created in him on the purchasing of that particular good due to the economic status of the audience, then the person ends up creating anxiety, stress and frustration depending on the kind of information given by the media. The media organizations and the business owners are advised to be loyal to its audience and the consumers of their particular products so that they can keep the ethical standards and reputation of their organizations.ReferencesCouldry, N. and Curran, J. (2003): Contesting Media Power, Alternative media in aNetworked world, Lanham and Oxford, Rowman and Littlefield.Christians, C. G. et al. (2004): Media Ethics, Cases & Moral Reasoning; 7th Edn: New York, Allyn and Bacon.Croteau, D. and Hoynes, W. (2000): Media Society: Industries, Images and Audiences,Second Edition, Thousand Oaks, Pine Forge Press.Patterson, P. L.   and Wilkins, C. (2004): Media Ethics, Issues & Cases, 5 th edition: New York, McGraw HillRichards, J. I. (1990): Deceptive Advertising; Erlbaum at p. 20.[1] Richards, J. I. (1990): Deceptive Advertising; Erlbaum at p. 20. [2] Richards, J. I. (1990): Deceptive Advertising; Erlbaum at p. 20. [3] Patterson, P. L.   and Wilkins, C. (2004): Media Ethics, Issues & Cases, 5th   edition: New York, McGraw Hill [4] Patterson, P. L.   and Wilkins, C. (2004): Media Ethics, Issues & Cases, 5th   edition: New York, McGraw Hill [5] Couldry, N. and Curran, J. (2003): Contesting Media Power, Alternative media in a Networked world, Lanham and Oxford, Rowman and Littlefield. [6] Croteau, D. and Hoynes, W. (2000): Media Society: Industries, Images and Audiences, Second Edition, Thousand Oaks, Pine Forge Press.

Property law Coursework Example | Topics and Well Written Essays - 2000 words

Property law - Coursework Example It is essential that the terms of these contracts must provide for the lease term, annual rent, security deposit, taxes, construction and completion and obligations for repairs. A commercial agreement needs to clearly and unambiguously state the lease term. It must state when the lease begins, when it ends and what the duration of the lease is. The beginning of lease is usually from the same day that the tenant commences to occupy the property. The lease agreement must also define the exact area of land that the landlord is willing to rent. It must also clearly state whether the area to be rented is on the ground floor. If the area in question is on any other floor on a building, the agreement document must also mention the floor. If the landlord has promised to furnish the property in a particular manner before the commencement of the lease, it must also be clearly stated in the lease agreement. These renovations are known as â€Å"Tenant Improvements† and they are usually re quired in a commercial lease for office space. It is imperative that the landlord (the Lessor) must agree to â€Å"reasonable diligence to attempt to complete the Tenant Improvements†. The plan for Tenant Improvements must be certified by an architectural firm and the improvements must be in compliance with the plan. ... If the deficiencies have been properly rectified, the architect must intimate that to the Lessee and provide a certificate. Within 10 days of the certification, the Lessee must occupy the premises. The Lessor and Lessee then must â€Å"execute a memorandum in writing† that specifies the date of occupancy of premises by the Lessee. The annual rent and the amount of security deposit of the lease needs to be determined in advance and be put into writing. Lessee agrees to pay the Lessor a certain amount of monthly rent. It is usually agreed upon to be paid on 1st of each month. An additional charge of a certain amount must be provided for in the terms of agreement which is to be paid if the payment of rent is delayed for more than five days after the first day of any calendar month. The mode of payment of rent must also be provided for. More than one modes of payment can be agreed upon. A cheque that is denied by bank shall not be deemed to have constituted a valid and timely paym ent of rent. Where renting out of an office space is concerned, it must be agreed that the Lessee, its agents, servants, employees, customers, guests, and invitees shall have the exclusive right to park without charge in the parking lot of the premises throughout the lease term. However, the Lessee must also agree that he shall have a limited number of parking spaces and this limit must not be exceeded so that the parking spaces for other tenants of the building are not hindered. Lessor must also agree that he will not attempt to prevent the use of the allotted parking spaces by the Lessee. The Lessor agrees to grant the place in peaceful possession of the Lessee and gets it acknowledged by the Lessee that the place is in an acceptable condition. The Lessor

Virtual Reality Term Paper Example | Topics and Well Written Essays - 1750 words

Virtual Reality - Term Paper Example In view of the fact that it involves so many factors, hence it took a lot of time and efforts to build it what it is nowadays. In addition, the virtual reality is yet a great deal hyped term that carries people to consider on the eternal virtues of this rising technology and paradigm. However, with the passage of time we are observing a lot of real implementations of virtual reality appearing into life (VRS, 2009). This paper presents a detailed overview of virtual reality. In this scenario, this research will cover a lot of aspects which are related to virtual reality such as its history, its associated elements and advantages. History and Overview of Virtual Reality In the era of 80s and 90s, the trend of virtual reality started catching the attention of media and public, in particular the public interested in reading science fiction books. In this scenario, a number of researchers such as William Gibson, Vernor Vinge, Neal Stephenson, and many others offered an attractive and appe aling vision of the modern world in which virtual reality (VR) technology was invasive. In fact, it was believed by readers that it would not take a lot of time when circumstances discussed by authors would turn into the fact instead of fiction. Additionally, this scenario formed the environment where everyone was looking for their own private Holodeck, and in light of the media coverage, the idea it was simply a matter of exercising a small number of facts until Holodecks would become actually accessible (Allison & Hodges, 2000). Basically, the term Virtual Reality can be utilized in different scenarios with a number of definitions. For instance, the majority of people consider VR as a specific set of tools and technologies such as a Glove Input Device, Head Mounted Display and Audio. Additionally, a large number of people use this phrase to add traditional books, pure fantasy, movies and thoughts. However, the most common use of this term is seen in computer science where we limit virtual reality to computer supported systems. In this scenario, virtual reality refers to a technique for computer users to imagine, control and communicate with computers and enormously complicated data and information. In this definition, we used imagination part for the computer generating images, audio or other physical outputs to the people of a world inside the computer. In addition, this world can be a computer aided design model, a view into a database or an experimental imitation. In this scenario, the people are able to interact with the world as well we openly control items within the world. Moreover, some worlds can be designed through other operations, for instance, simple animation scripts or physical simulations. Hence, the communication with the virtual world, as a minimum with close to real time control of the view is a vital test for a virtual reality (Isdale, 1998). In the past few years, virtual reality has emerged as a quickly developing technology which effec tively makes use of the greater than ever potential and capabilities of computers to reproduce unreal and real-world situations and surroundings with a high level of interactiveness and practicality. In fact, this environment allows people to communicate and interact with the imaginary worlds or environments by making use of a wide variety of hardware devices and equipments (such as data gloves and joysticks). In this scenario, the feeling of in reality being in that virtual world or environment

Psychology2 Essay Example | Topics and Well Written Essays - 1250 words

Psychology2 - Essay Example Humans also commit direct aggression in situations where circumstances are dangerous , thus, aggression can be used as a defense. Most common manifestation of aggression employed by humans are passive ones such as indifference, silence, ignoring, refusal to perform a task, or even spreading malicious gossip. Usually, people who express indirect aggression play subordinate roles such as children, lower rank employees, or someone who does not have any authority whether in a formal or informal setting. For example, young people who resent parental authority become indifferent and ignore their parents when communicating with them. They often stay inside their rooms and pretend to be busy or sleeping. However, once confronted, these young people talk back and say insulting words to their parents. In a societal level, groups who disapprove of a certain person or another group usually spread malicious rumors that damage character or reputation. Thus, the gossip becomes a tool of social control. Consequently, verbal confrontations result to direct, physical aggression. 2. There are many reasons why a person behaves aggressively. Manifestation of aggression is commonly seen in young people. One of the common factor as explained in a study is that a group of people need to perform roles that are expected of them by the society. The research argued that : A concrete example of this would be street gangs who try to make an impression to the community or society. Pressure from gang members to prove one’s loyalty can result to displaying aggression in public. As a group, gang members gain reputation by showing direct verbal aggression in the form of insult that would provoke other groups to retaliate. Consequently, the aggression becomes more physical and leads to violent behavior resulting to injury or even death. Another form of direct physical aggression

Compare and contrast the competing perspectives of structuralists and Essay

Compare and contrast the competing perspectives of structuralists and antistructuralists on the structure-conduct-performance paradigm. What are the implication - Essay Example An example of Game Theory would be if Company X makes product X, and Company Y makes product Y. A third company, Company XY, buys product X and Y to produce product XY. Company X, Company Y, and Company XY would be named as players under the Game Theory. If Company X raises the cost of their product, Company XY is affected. The rise in product X’s cost could even affect Company Y, if Company XY’s chooses to increase the price of their product with the result of lower sales of product XY. Game Theory has a few elements that are important to mention. As mentioned before players are one element, the other elements include payoffs, actions, and rules (Jaquier 2003). Players are the actual firms. Payoffs are the rewards or punishment of the players in the game. In the scenario above, Company X could have been punishing Company XY or rewarding Company Y, depending on the circumstances. Actions are the decisions made by the players. The rules define the players, actions and pa yoffs. This makes up the basics of Game Theory. An oligopoly is a couple of large suppliers controlling a particular market. The market concentration is normally high. Companies encompassing an oligopoly produce brand quality products. Barriers exist for firms on the outside an oligopoly, due to the necessity of brand quality products the firms on the inside of the oligopoly produce. The interdependence between companies in an oligopoly is vital. Each company in an oligopoly must anticipate what the other companies/players will decide concerning investments, prices, or any other important business decisions. Economists seek to predict these decisions by using Game Theory (Oligopoly 2005). Game Theory helps players logically figure out the decisions other players will make. Game Theory not only helps predict players decisions, but has an impact on politics, other businesses, pricing of products and services, locations for industrial plants, and even enviormental issues

Legislative & Executive Branches Essay Example | Topics and Well Written Essays - 250 words

Legislative & Executive Branches - Essay Example PTA includes a couple of negotiating objectives that such trade agreements must work towards. According to the article, to uphold Congressional oversight, the Act mandates that in the course of the process of negotiating trade agreement, the U.S. Trade Representative (USTR) should meet with and give access to important or classified documents up on request by Members of Congress. This article explains the theme covered in this weeks content on the Congress in the sense that the Congress, as part of the three branches of the U.S. government, is accorded significant role by the Constitution. Legislative powers is devolved to the Congress, meaning that the Congress is the only arm of the government which can change existing laws or make new laws. Executive branch only issue regulations, but these are merely under the power of laws passed by the Congress. If the President reject the bill, the Congress may override that rejection by a simple two-thirds vote. If the President`s rejection of the bill is overruled, the he should act by strengthening his tie with the senators and house representatives. That response is the best way to have his will

Supreme Court Essay Example | Topics and Well Written Essays - 500 words - 1

Supreme Court - Essay Example The problem, however, appears to lie in whether the children are given the appropriate moral guidance by their parental figures. Perhaps Vermont is too complacent in their viewpoints that children will naturally evolve into moral adults, thus there is no emphasis given in this aspect of guiding juvenile behaviors. This may have to do with the social class of the Vermont citizens, who are mostly middle- to upper-class who may just instinctively believe that these violent crimes simply could not be committed by their well-to-do sons and daughters. Powers describes the ease of acquiring heroin in the state, which may also contribute to the violent crime ratios and is associated with social class status, as these well-to-do youths can easily afford the drug prices. The team appears to have mixed thoughts about whether the juvenile should be given the death sentence, highlighting the strong division in the country about what to do with juvenile violent crime offenders. It appears that Powers believes that many of the failures of todays children in these affluent neighborhoods stems from parental complacency and an inability to address that violence and teenage angst occurs routinely regardless of their state of origin. Powers, it appears, believes that most of the fault lies with those who are in charge for their failures in molding positive childhood behaviors. In reference, specifically, to the New Hampshire murders, it seems that Powers is linking their murderous intentions with failure of parents to recognize the difficulties (and respond to them correctly) facing children of these teenage years. It does not appear that Powers considers the death penalty as the proper course of action, rather counseling and parental involvement is the best method. Powers points out that small towns, like any other city, maintains their fair share of juvenile-related crime, suggesting

Surveying Processes Assignment Example | Topics and Well Written Essays - 2250 words

Surveying Processes - Assignment Example All the exterior walls are included when the surveyor is taking the foot print. Elevation is another common surveying term which refers to the height which is usually above sea level. This point usually describes the house which is to be constructed and how high is it from sea level. Site plan is a very common surveying term which includes all the dimensions; the site drainage is often the most important point when the site plan is being talked about. Monument refers to marking, a position is marked which is used for future reference Heading usually refers to direction which is magnetic and is determined with the help of a compass Tolerance refers to the precision of a measurement and it is a mathematical term which is very important when it comes to the process of surveying Architecture and trigonometry go hand in hand; it has several major uses when it comes to surveying sites and determining solutions to various arduous problems. The curving surfaces need perfect calculations only then one can build buildings, without the proper use of trigonometry these buildings would just fall after a few days. It is imperative to determine the proper height of a building and that is where trigonometry comes into play, creating dimensional objects also require the much needed assistance of trigonometry. The demarcations of cubicles can only be determined by the proper use of trigonometry, these cubicles are crucial in an office building. It also determines the no of people required to complete a task because it lays out a structure on which the construction workers work upon. Having accurate measurements gives a building its strength and this is unimaginable without the proper use of trigonometric ratios. The following will serve as a classic example to prove the above point: A surveyor who has been asked to lay out a design for a bridge goes and calculates the width of the river over which the bridge is to be constructed, the surveyor has to apply the sine and the cosine ratios to be able to calculate the width and lay out a proper design for the bridge to be constructed only then the workers can start the work. This is why trigonometry is extremely important and all the top constructions engineers are really good at mathematics. Common Surveying Equipment: The following section will comprehensively present the most common surveying equipment. Measuring Wheels: Measuring wheels are very widely used by surveyors to measure distance from one point to another. These measuring wheels become all the more important when the surveyor is in a hurry; they are employed when distance is to be measured in a hurry. These measuring wheels come in different shapes and sizes, the small wheel is employed for indoor measurement, the medium wheel is perhaps the best as it can used both indoor as well as outdoor and lastly there is a large wheel which can be used only for outdoor purposes. Compasses and Clinometers: Slope readings, sight directions and height readings become easier to take with the help of compasses and clinometers. Brush Axes: Brush axes are mainly used to clear the area which is blocking the line-of-sight; it is always good to carry extra axes just in case the surveyor breaks his axes. Automatic Levels: Automatic levels are great tools

Making Connections Coursework Example | Topics and Well Written Essays - 250 words

Making Connections - Coursework Example Therefore, all these systems have to work harmoniously to improve survival of the human being since if one fails, one is likely to lose his or her life. For instance, in case the heart failed, the other two systems will be affected tremendously. The human body will sense the inadequacy in blood supply to other parts of the body and try to compensate. This, in the long run, will lead to an increased rate of breathing and clogging of blood in the vessels and other body organs. This is so because the human body entirely depends on oxygen for respiration. Hence the lack of oxygen which has been cut off due to inadequate blood supply, affects the normal metabolism rate. As a result, there is increased rate of breathing which is a corrective measure trying to restore oxygen availability in the human body. Furthermore, in case there are severe cases, that can be the status of the blood in other parts of the body leading to the formation of thrombus that dislodge and affect the healthy blood supply or respiration

Domain Name Disputes Essay Example for Free

Domain Name Disputes Essay A domain name is user-friendly way of expressing the Internet Protocol (IP) address of a web location. When the domain name of the web site is entered, it would provide a direct link to access the content located on the site of the IP address. The domain name has characters and numerals separated out by dots (. ) which suggest various levels in the domain name. A domain name can have anywhere between one to 63 characters, and can include certain special characters such as (-). The valid characters of the domain name include A to Z and 1 to 9 and 0. Capitalisation is not used as a method to distinguish from one domain name to another . Domain name has been a very user-friendly way of accessing content on the internet, and hence people often use it to search for businesses on the net. Today’s domain name system was earlier utilised by the network set up by the department of defence and academic organisations for research and communications purposes. This Domain name system (DNS) was initiated as early as 1984 and has been extended to all areas of the world where the internet is accessible today. The domain name would actually convert into an IP address, which would suggest a physical location of a computer or a system on the Internet . Since, not more than one site can have one address; there have been a lot of conflicts in the use of domain names. A particular domain name would have different levels. The various levels in the domain name are separated or recognised using the special character dot (. ) (to differentiate between the various levels). If you take the domain name abc. xxx, it is a second level domain name, consisting of 2 levels, abc and xxx. On the other hand, mno. abc. xxx, consists of three levels, namely mno, abc and xxx. The characters in the domain name are usually counted from the right to the left . The Internet protocol addresses, domain names, etc, which are utilised for internet management are today generally handled by an organisation known as the â€Å"Internet Assigned Numbers Authority† (IANA). In turn the daily affairs regarding the assignment of top level and second level domain names are taken care of by individual Internet Registries (IR) . There are several hierarchies of domain names including top level domain names (TLDs’), Second Level Domain names (SLD’s), third level domain names (3LD’s), etc. The management of the top level domain names are done by the ICANN at the international level. They also provide resolution of disputes at the international level through an arbitrary and simplified process known as ‘UDRP’ (Uniform Domain Resolution Policy) . The TLD’s are the domain name that appears after the last (. ) in the domain name. For example, in a general domain name such as abc. com, the . com is the TLD. Again, the TLD can be of two types namely, a generic TLD and a country specific TLD. The generic TLD’s include . com, . net, . info, . xxx, . org, . edu, . tv, . res, . mil, . gov, . int, etc. The country specific TLD’s include Top level domain names that are specific to certain countries such as . fr, . eu, . in, . my, . us, etc. For specific top level domain name types, a specific registry would be approved (assigned by the ICANN), to assign, manage and handle any issues that may arise for that TLD . TLD’s can be again classified as two types depending on the restriction imposed to register and assign, including restricted generic TLD’s and unrestricted generic TLD’s. Restricted generic TLD’s would require certain amount of eligibility to register in the registry. For instance, the TLd . int, requires that the body registering be an international approved organisation such as the WIPO, WHO, etc. No person can register under this TLD without eligibility. Verisign (an internet registry) would likewise permit registration of telecom organisations to register under the generic TLD . net. Only non-profit organisations, institutions, voluntary organisations, etc, can register under the TLD . org. Organisations that are governmental in nature, can register under the domain name . gov. Unrestricted domain names, do not require eligibility regarding organisation type or geographical location, and any person can register under such domain names without restrictions, on a first come first served basis. One such domain name is the . com, which accounts for about half of all the domain names registered in the world. People wanting a domain name under the . com TLD, need not demonstrate any eligibility, but can register a particular domain name on a first come first served basis . Many people site that the greater amount of interests by commercial organisations in the . com registry and the offering of registration on a first come first served basis, has created huge conflicts in the domain name allocation. Country coded top level domain names are assigned domain names based on country specifications. Only if the organisation is located in a certain country or provides business or services to a particular country would it be permitted to use that ccTLD. For instance . uk or . my are TLD’s belonging to the United Kingdom and Malaysia, respectively . The second level domain name is the portion of the domain name that lies before the (. ) of the TLD. This may include a unique name corresponding to an IP address or may be even suggestive of the geographical location of the business. For instance in abc. net, the second level domain name is abc. On the other hand, abc. uk. org, the second level domain name is . uk, and it suggests the country code. Abc, would then belong to a third level domain name (3LD). The United Kingdom is a country that follows a top-level country coded domain name. For instance, the domain of several organisations in the UK would be abc. org. uk and not abc. uk. org . Domain name and Intellectual Property Rights Many courts have tried to define what a domain name is. They consider it to be an address, which has to be selected by the user, and since one user would be using one address, it needs to be unique and not identical. The courts also give consideration that people would often try to guess the web address from the name, location and other features of the applicant. A domain name is more of a sign or a mark which can help to distinguish the goods and services of one trader from the goods and the services of another. Hence, a domain name can be having an intellectual value and can be given an â€Å"Intellectual Property Right Protection† . Following a rise in the traffic and popularity of the internet, there has been a rise in the domain name issues. Domain name were considered to be earlier more of addresses that helped to located the trader or an organisation on the cyber world. However, today domain names are turning out to be more of identifiers, trademarks, marks or indications of the goods, services, etc, of a particular trader. A domain name consists of alphabets, numerals, punctuation marks, etc, and hence possesses the characteristics of a trademark. For many companies, the value of the domain name is considered great as they would be using the internet for business . Today domain name rather than the name of the companies are considered to be identifiers and are often being used as advertisements. Hence, in many instances, domain names and trademarks are in conflict. It is important to note several special characteristics of domain names:- 1. They are global as once they are registered anybody from the world can use the address to gain access to the trader’s web site 2. They need to be unique as only one address can lead to a web site 3. Domain name are often guessed by the users, and hence minor changes or errors need to ensure that the user still is able to reach the intended location 4. An honest and current domain name user cannot exist as in the case of trademarks 5. Domain can cannot be given for style of writing, colouring patterns, use of images, etc Companies have moved their business over to the internet and this has created several conflicts with the traditional trademark owners. If a traditional trademark owner finds that a internet business company is using a name similar to the trademark’s owner, then he has to prove that the internet business is in fact using the name in bad faith, trying to dilute the name of the trademark owner, to create unfair competition or to create confusion in the minds of the consumer. Earlier, the NSI had a dispute resolution policy, but there was a lot of controversy in the processes, such that both opposing parties had to come to an agreement. The ICANN has implemented URDP that would be applied in all domain name disputes that are used in bad faith . Organisations concerned with domain name Issues When the internet was initially started and expanded for commercial and academic use, the non-military segment of domain name allocation was done by the NSF (National Science Foundation). This was followed till 1992, and in the year 1993, the Network Solutions Incorporation was formed which helped to register all the generic TLD’s, . net’s, . com’s, etc . Till the year 1999, the NSI ensured that all the registration and allocation of second level domain names for the major TLD’s was brought about. Considering that about half of all the domain names are in the . com segment, NSI had a major role to play in allocating domain names. They also had some amount of control over dispute resolution processes. However, the NSI did not have any official mediation processes, and was not responsible officially for domain name conflicts. Initially, the NSI provided registration to the domain names on a first come first served basis and did not check the credibility of the registering organisation. This according to many has led to conflicts regarding domain names across the world. The NSI did not check whether the domain name was a part of the party’s name . Slowly there was huge controversy regarding the manner in which domain names were allocated and provided registration by the NSI. There was a huge increase in the trademark disputes especially in the . com TLD domain. The IANA had no concern for legal issues over the domain name allocations. Hence, many nations including the US had concern over the allocation of domain names over the internet . In 1997, the management of several generic TLD’s were handed over to the International Ad Hoc Committee (IAHC). The organisation helped in framing 7 new generic TLD’s and ensuring greater amount of healthy competition in the second level domain names . The NSI and the IANA were together concerned with the development of a set of rules and regulations for the assignment of domain names. They developed a corporation that would have jurisdiction for the assignment of domain names throughout the world. This organisation (ICANN) also helped in the development of rules and regulations for the internet domain names. The US DOC also played a major role in the development of the ICANN. The final version of the bylaws by the ICANN was released on October 2, 1998, and released by the DOC. On November 1998, the ICANN and the DOC decidedly to jointly design rules, regulations, mechanisms and methods to ensure Domain name functions. The DOC and other organisations were interested in bringing about better competition and ensuring stability. The role of the US government was slowly being transferred to the ICANN. The NSI also changed its name to Verisign. It was concerned with developing a shared registration system and provides services under the generic TLD’s such as . com, . net, etc. Verisign has to sell certain number of registers in order to have authority of the . com register in 2001. However, some of the registries of Verisign and ICANN still are shared from May 2001. Verisign would operate various registries such as the . org registry till 2002, the . net registry till 2005, the . com registry till 2007. The ICANN has allocated the . org registry from 2002 to 2008 to Public Internet Registry and Verisign for the . net registry from 2005 to 2011 . Public and social issues concerned with domain name allocation The domain name has turned out to be a huge business model for several companies. The ads-per-click policy, which would ensure that advertisements placed in the domain name would make more money than the domain itself, would ensure that the domain is continued. On the other hand, if the cost of the domain is more than the advertisements, then the domain is ceased for the next year. There is also a five-day grace period (following registration), which ensures that anybody who has registered a wrong domain can go back and correct his/her mistake. Today, domain names are created and dropped at a very fast rate, and hence, people are in huge confusions. This is happening at a very fast rate, even faster than the rate trademarks are picked up and dropped. To ensure certain amount of control at the rate at which the domain names are picked up and dropped, the ICANN is monitoring several registries. It has given certain number of its registries to companies that can sell out domain name. Such companies are known as ‘registrars’, and they would usually be working on the . com and . net TLD. However, the ICANN has introduced a 5 day window period, which would allow the registering body to make changes or take back the domain name registration within a period of 5 days. The ICANN can also recommend the owner to make modify or even remove certain domain names registered during the window period. This would ensure that any illegal activities or potentially abuse over the internet can be prevented. At the same time, healthy competition can be encouraged over the internet . Since January 003, there has been a shift in the management of the . org TLD from Verisign to the Public Internet Registry, which is an organisation created in 2002 keeping the public internet in mind . During the mid-1990’s, the US government decided to shift several infrastructure and governance that the US government and the military had over the internet over to private bodies. The government felt that the main reason for implementing such policies were because the industry themselves can specialise in creating effective policies and ensure development and advancement through regulations and policies framed over internet. The US government also tried to install several institutional controls means to ensure that the private bodies that had certain governance over the internet. Several organisations such as the ICANN and the IAHC also felt that the international involvement was very important in developing a domain name policy. However, the US government was also concerned that the internet control may go out of US hands and hence framed certain principles in the form Green Paper and White Paper. The White paper included several characteristics such as dominant coalition, steadiness, competitiveness, private, bottom up coordination, representation, etc. The ICANN brought about a transfer of the DNS control from the US government to the global environment. The entire interest of the community was needed to be represented through the actions of the ICANN, which included organisations, society, communities, etc. The ICANN had a bottom-up approach of governance. Many people feel that the ICANN has made the internet very much suited for public interests and before the ICANN had any control over the internet, it was more of a private domain that was exclusively controlled by the US Federal Government. Many people say the internet developed from resources of the Federal government and the military. However, it is also important to note that neither the federal government nor the military had any role to play in the day to day policy-making, decision-making and management of the internet. The policy making and the management of the internet has developed through interactions between private organisations having certain authorities over the internet. Besides, users and institutions also play a very important role in giving feedback to these organisations. Whatever policies are being developed by the ICANN or Verisign are done considering public benefit. By handing over the internet governance to appropriate authorities, not only are the problems solved regarding usage, content, etc, but day-to-day management issues are also well sorted out . Many people consider that by handing over the internet to private organisations, the US government has not privatised the internet, but has handed over it to the private sector decision-makers that would specialise in framing policies and managing issues with regards to domain names. The NSI was the first private organisation to manage the Domain name registration and allocation. The NSI, ICANN and other such organisation gave a lot of importance to domain name as a unique method of accessing a web site. Hence, today domain name is considered as an important property by several organisations, which would often be using it as a trademark. The issue of cyber-squatting was also prevalent due to the importance given by these organisations over domain name . Many people consider that domain name is private properties. However, considering the oppositions laid by other parties over the specific use of domain names and the implementation of strong registry services, demonstrate that Domain names may not exactly be private property. The ownership of these registries lies with the appropriate organisations, but certain amount of information is available to the public. The ICANN has come out strongly that the information stored in the registry database lies specifically with the owner or applicants, and only the database as a whole is owned by the registration organisation . Property rights and Domain names Property rights help to delimit the extent to which the rights of the individual would apply and the rights of the public would end. Several policies such as endowment, approximation and institutionalisation were applied to ensure proper enforcement of property law. The owner of the property has the right to benefit from his property and reap the fruits. The owner of the IP has to benefit from his right by defending the economic benefits. The owner would be having a certain monopoly with regards to his intellectual property right, but at the same time his ownership cannot be guaranteed, as all intellectual property rights instruments are not perfectly efficient. They would and should ensure certain legitimate use by other parties within certain limits. The owner is left to utilise his intellectual property effectively such that he can exclude others and claim the most economic benefits. In certain cases, there may be certain excesses which would anyway land in the hands of other parties including public and the rivals . In the case of domain names, the IP application seem to be simple and straightforward, but over a period of time a lot of controversies have developed requiring a lot of legal control. Earlier it was even difficult to transfer a domain name used by one individual to another. However, following the implementation of several rules and regulations, it is now possible to transfer the domain registry from one person to another. However, there is still controversy regarding the . com registry agreement between Verisign and the ICANN. Verisign would operate the . com registry and provide registration for . com’s. On the other hand, it would follow the policies laid down by the ICANN, and pay ICANN for its services (of policy-making). Today several registries that carry information and details regarding the registration of domain names do not exactly specify who the owner would be. If such an agreement is missing, then the domain names would be owned by the registries or according to the ICANN it would be owned by the public. If one single organisation owns such a registry, then it would not help to meet the rights of the other parties. For instance, earlier, the NSI only managed the registry of . com’s, and slowly other organisations such as Verisign, ICANN, etc, have been involved. This would ensure greater stability and sustainability. Currently, the registry database has been owned by the organisation that has been merely allocated responsibility. This does not speak legitimately of being the owner of the domain names. Currently, the monopoly of the generic TLD lies with one organisation and the country code TLD rests with certain organisations that the government of the country has allocated to. The ICANN has freely encouraged the transfer and the reassignment of domain name rights from one party to another. The rights are transferred in such a way that they would end up with owners who are in a better position to make effective use of the resources. However, transferability of domain name registries is subjected to certain limitations. Several generic TLD registries and the ICANN have contractual agreements. Either of the parties should be able to transfer the rights to another party with a mutual consent. For example the NSI was taken over by Verisign and so were the registries. However, the person taking over the registry may not always make full benefit of the registry and may not full the responsibilities mentioned. In a dynamic internet environment, there is also the possibility that the new registry owner may not make full use and understand the importance of the contents of the registry. When one company would be buying over the other company, the registry would also play a very important role in the takeover costs. The free transferring of the domain name registries would create an instable domain name registry. In the generic TLD, the registries are monopoly, and hence if the information of the registry is not transferred during ownership transfers, the entire domain would be affected . Any property right instrument should ensure that the owner can exercise his right and also transfer his ownership to other parties freely. However, in the case of registries, as there a lot of problems with regards to stability and continuation of the system, the information of the registry is not a property of the registry organisation, but in the public domain. Domain Name Disputes and Arbitration The sudden explosion over the use of the internet in today’s world has placed domain names in direct conflict with trademarks. The use of a domain name would apply throughout the world, as the internet is accessible throughout the world. On the other hand, the trademark laws of a particular nation would vary with that of another, and hence, there is always a chance that trademark laws and domain name laws are in direct conflict with one another. Domain names would apply to the product and services of a service provider and hence ought to be given the same protection as trademarks . On the other hand, registries that register domain names give the importance of registering on a first-come-first served basis. Oppositions would say domain names contains alphabets and numerals, and hence, qualify to become a trademark. However, no rule is hard and fast. Domain name owners feel that the domain names are not protected under trademark laws as the internet is a global media having no offline limitation. On the other hand, the trademark owners feel that domain names are trademarks and hence are liable to file for dilution, unfair competition, etc . One of the main reasons as to why there is intense disputes with regards to domain names, is due cyber-squatting, in which somebody would register a particular domain name, and later try to sell it to the trademark owner. Domain name registries are accepting registration of domain names on a first-come first-served basis, and hence any person can register a popular trademark as a domain name and later plan to sell to the trademark owner. Often the prices quoted by the cyber-squatters are much more than what is paid of registration. Besides, cyber-squatters can misuse the trademark of the owner, and in turn wrongfully attract customers or tarnish the name of the original trademark owner . In the year 1995, the NSI framed a policy to settle disputes between domain name holders and trademark holders. The NSI is left out of the conflict and does not have the right to suspend the services of the domain name holder. Slowly, the importance of the trademark owners began to be felt. Trademarks owners can extent their services on to the internet, considering that it would be an ideal environment for business purposes. Customers on the other hand may also consider domain names being similar to trademarks for search purposes . One of the means of solving domain name disputes is by adopting the Uniform Dispute Resolution Policy implemented by the ICANN in 1999. This is mainly to solve the disputes that arise between domain name owners and trademark owners. The WIPO Arbitration and Mediation Centre would conduct the UDRP procedures. The process is much faster than the courts, and besides the decisions given is credible and impartial. The fees that are imposed are less than the routine courts . ICANN and UDRP The ICANN UDRP has been implemented for several TLD’s including . net, . com, . org, etc. However, it is not applicable to the country level TLD’s, such as . uk, . in, etc. The dispute resolution policy would occur between the domain name holder and the registering authority, such as country-coded domain registering organisation. The UDRP would set the terms and conditions that would arise in case of conflict arise between the domain name holder and any other party, except the registrar (ICANN). According to the ICANN, certain terms and conditions need to be followed when registering for a domain name. The registrant should ensure that all statements made are true, complete, and the domain name would not violate the rights of others. The domain name so registered would not be done for an illegal cause and would not be used to overcome any law. Any action done for the domain name would be lead to the owner being held responsible. The ICANN can transfer, modify or cancel a domain name registered if the domain name registrant requires so, if the court having a jurisdiction requires that the domain name be changed or cancelled or if a relevant administrative body requires that the domain name be changed or expelled. Depending on the situations, the ICANN would make a request to the domain name holder to perform such changes. The URDP procedure would be conducted before an administrative tribunal. Usually such tribunals would come into action whenever a third party has an issue with a particular domain name and files an application for objection before the ICANN. The three elements of conflicts arise include:- †¢ Domain name similar or confusingly similar to a trademark (and the complainant has filed an objection before the URDP) †¢ The registrant has no interests legally over a particular domain name †¢ Domain names which have been registered and utilised in bad faith Only if these three elements are proved during trial before the administrative tribunal (by the complainant) would the complainant be able to prove that the domain name registrant has registered the domain name in bad faith. During the course of trial, the complainant should be able to prove certain evidences:- †¢ The domain name registrant has primarily registered the domain name to sell, rent or transfer the domain name to the true owner later (who is the current trademark holder). †¢ The domain name registrant has registrant has tried to register the domain name with the sole purpose of selling the domain name later to a competitor of the complainant. †¢ The domain name has been registered to prevent the trademark holder from using the domain name for his usual business. †¢ Domain name has been registered for obstructing the usual trade of the complainant. †¢ The domain name registered has registered the domain name so as to create confusion in the public or to have an association with the original trademark holder and gain commercially. There is every chance that the people would get confused in such a situation and may get attracted to the domain name . The domain name holder however has certain rights over the legitimate claim and use of a domain name. Some of the legitimate interests of the domain name holder include:- †¢ The domain name is being utilised for the honest interests of the domain name holder †¢ The domain name holder has created a separate identity for himself and is known most often by the domain name, even though a separate trademark does not exist. †¢ The domain name has been created for legal and non-commercial interests, meeting up to the fair use clauses. †¢ The domain name has not been created to confuse people with an association to a particular trademark or to tarnish/dilute the image of the original trademark holder . The complainant has the choice of selecting an administrative tribunal from the variety offered for handling that particular case. The ICANN would appoint a panel that would discuss the case and offer its decision based on evidence. The complainant or the respondent can file a single administrative hearing before the panel if multiple disputes are present. The administrative panel has the right to discuss all the cases as one or separate each out, depending up on the policy of the ICANN. The fees for the administrative procedure under the URDP would be paid by the complainant, and in case the complainant requires that the panel be increased from one member to three members, the fees would also increase and would be payable by the complainant and the respondent. The ICANN would not participate in any administrative procedure held in front of the administrative panel, and at the same time cannot be held liable for any decisions given by the panel. In case the complainant is able to prove his/her point, the domain name of the respondent would be cancelled by the administrative panel and would be handed over to the complainant. Once the administrative panel makes a decision, the ICANN would be informed, and the efforts would be made by the organisation to inform the public through the website. In certain cases requiring reasonable secrecy, efforts would be made not to publish such information . If the respondent wishes to seek justice, he can further go to the appropriate court and file his case before, it and the ICANN would not interfere in this matter. The ICANN would within 10 days cancel or transfer the domain name, but in case of a lawsuit, it would wait for then 10 days for the notice and not enable the decision of the administrative tribunal. The ICANN may also not implement the decision of the administrative tribunal in case a fair agreement has reached between the complainant and the respondent regarding the use of the domain name. The ICANN and the URDP cannot be considered as evidence in any case regarding a dispute of a domain name . There may be certain periods of time when a domain name cannot be transferred from one party to another. This may include during an administrative enquiry, ongoing court lawsuit, etc. All policies framed by the ICANN would be made known to the public at least 30 days in advance before the policies are implemented. If the policies of the ICANN are not suitable for a particular domain name, then the domain name holder can cancel his registration and reapply, when the rules are changed . The member who belongs to the administrative panel should provide an impartial and independent decision during the process of discussion. In case certain decisions have to be made in an impartial way, then the provider should be informed of the same. The URDP procedure is an instrument meant to ensure interests of the public and the society along with certain number of private interests. The URDP procedures are primarily arranged to manage cases in which domain names have been registered in bad faith, misappropriation or for a wrongful intention, so as to destroy the good name of the trademark owner. These cases would hence extent to situations in which the domain name are similar or confusingly similar to the trademark owner or have been registered in bad faith. The URDP would be doing case-by-case analysis and would be providing an appropriate decision based on the evidence and the facts

Design and Build Contract in Project

Design and Build Contract in Project The term ‘procurement route considers all the activities undertaken by the client or clients representative, whether this is a sole decision or a decision made with the help of other parties, such as the various consultants or in some cases even the contractor, towards the goal of developing a construction project that the client is ultimately happy with.   There are various procurement routes, which can be categorized into three main procurement route contracts, a Traditional contract, a Design and Build contract, and a Management contract. A Traditional contract benefits in cost and quality, but at the expense of time.   It is not the fastest of methods, and with this procurement route it is desirable to have all the information at tender stage.   It is basically straightforward, but complications can arise if the client requires that certain sub-contractors are used.   With this procurement route the client requires certain standards to be shown or described, but the client is wholly responsible for achieving the stated quality on site, and controls the design and variations to a large extent.   It has certainty in cost and time before commitment to build, and requires clear accountability and cost monitoring at all stages.   Competitive tenders are possible for all items.   The risk is generally fair and balanced between all the parties.   (CLAMP, Hugh, COX, Stanley LUPTON, Sarah, 2003) A Design and Build contract benefits in cost and time, but at the expense of quality.   It is a relatively fast method. The pre-tender time largely depends on the amount of detail in the clients requirements, but the construction time can be reduced because the design and building phases proceed in parallel.   With this procurement route the client has no direct control over the contractors performance, has little say in the choice of specialist sub-contractors, and has virtually no flexibility once the contract is signed.   It has a guaranteed cost and completion date.   The risk with this procurement route lies almost entirely with the contractor. (CLAMP, Hugh, COX, Stanley LUPTON, Sarah, 2003) A Management contract benefits in time and quality, but at the expense of cost.   An early start on site is possible with this procurement route, long before tenders have been invited for some of the works packages.   It involves a complex management operation requiring sophisticated techniques.   The managing contractor is responsible for quality of work and materials on site and can easily adjust the programme and costs, meaning the client can also easily modify or develop design requirements during construction.   With this procurement route the client is committed to start building on only a cost plan, project drawings and a specification.   The risk lies mainly with the client in this method of procurement. (CLAMP, Hugh, COX, Stanley LUPTON, Sarah, 2003) For the purpose of this project we propose to use a Design and Build contract.   We have made this decision based on the project requiring cost and time to be prioritized, a guaranteed completion date being essential to minimise down time, and the benefit of having the responsibility of risk being taken away from the client. Tender Process Tendering is the name given to the process or procedure that is used to obtain offers leading to a contract between two parties.   The two main types of tender process are single stage tendering and two-stage tendering. Single stage tendering is suitable for small simple projects, where the key issues are speed and cost assurity.   It is considered by clients because of a need for greater cost certainty during the design and construction phases, the need for a well documented, fixed-price contract, the benefit from the discipline of completing the design before a contractor appointment takes place, and the use of commercial pressure to secure cost reductions for projects that might otherwise be unviable.   A single stage tendering process however offers limited scope for a team to develop a shared objective or for a contractor to contribute to design development, and changes introduced by the design team will undermine the certainty achieved with a lump sum tender. A two-stage tendering process is particularly suitable for large or complex projects, where a key factor is the close collaboration between the contractor and client, particularly during the design phase, as the contractor will endeavour to find the best solution for the project in terms of cost programme and design.   A two-stage tendering process is considered by clients because of its second stage being based on more complete information and therefore the contractor having a better understanding of the scope of works, which in turn should help obtain a final account that is closer to the contract sum, the ability to continue the development of the design during the second stage of the tender in conjunction with the main contractor and specialist sub contractors, and because it helps promote a specific focus on issues of buildability and economic construction during the later stages of design.   However the cost of second stage tenders tend to be higher because of negotiation p remiums and the inclusion of additional risk transfers, and not exceeding the cost and completion date are not binding prior to the finalisation of the contract. In two-stage tendering, like single stage tendering, the first stage is a competitive tender and it is usual to base these on the tenderers track records, preliminaries, overheads, an outline programme and the contractors pricing documents in relation to the preliminary design information.   Unlike a single stage tender, the first stage ends not with a contract being awarded but with the selection of a contractor for the second phase, in which the level of pricing provided in the first stage of the tender is used to open negotiations to produce a firmer price based on the drawings, bills of quantities and any other relevant documents that reflect the completed design. For the purposes of this project we propose to use a single stage tendering process.   We have made this decision based on the need for speed and cost assurity on the project, with the two key issues being time and cost. As early as possible during the design process we will propose a list of suitable contractors obtained from an electronic database containing a list of approved contractors.   The main criteria for selecting contractors for the initial tender list will include adequacy of available resources, adequacy of technical and management structure, financial stability and insurance cover, health and safety record, quality of work and adequacy of quality control, and performance record. We propose to issue preliminary enquiries to each contractor on the initial tender list 4-6 weeks before the tender documents are due to be issued, including a project information schedule and a questionnaire.   This will determine whether each contractor is both suited to the project and willing to submit a tender.   The contractors will be given 10 days from its original dispatch to return the completed questionnaire.    Once a short list of tenderers has been agreed and the tender documents are ready for release, they will be sent to the tenderers along with a Form of Invitation to Tender and a Form of Tender.   The latest time and date for submission of the tender will be included on both the Invitation to Tender and the Form of Tender, and will state that they are to remain open for acceptance for a period of 28 days from the bid submission date. When the tender return forms are received, the ones which are returned by the closing date will be analysed and a summary report will be written and sent to the client, and those which are returned after the closing date will remain unopened and be sent back to the sender.   As project managers we will offer advice upon the choice of appointed contractor, if the client requests so.   When we have received confirmation from the client regarding the chosen contractor we will notify them that they have won the work, and notify the unsuccessful tenderers that they have not. On Site Strategy Prior to work commencing on-site we propose to call a pre-start meeting, where the programme of works will be discussed and a letter of intent will be issued to the client.   When the contractor begins work on site we propose to take a monitoring roll.   On the first day of the work commencing on-site, as contract administrators, we will meet with the contractor and discuss site security, access, welfare facilities, deliveries and storage, and notify them of the time and date that snagging will be carried out. We propose to commence snagging 6 hours before the end of the construction phase, in order to give the contractor time to rectify any issues raised during the snagging process.   The snagging process will assess the quality of the work, the workmanship, and ensure all of the work complies with the clients specification.   We propose, as the contract administrators, to write the snagging list in conjunction with the foreman on site due to time constraints, of which a copy will be left with the foreman on site so that they can rectify any snags prior to the completion of the construction works. We propose to commence de-snagging once the contractor has informed us, as the contract administrators, that the construction work has been completed.   At this point, acting as the contract administrators, we will issue a certificate of practical completion and initialize the defects liability period, as determined in the contract.  Ã‚  Ã‚   References CLAMP, Hugh, COX, Stanley LUPTON, Sarah. (2003). Which Contract? Choosing the Appropriate Building Contract. 4th ed., London, RIBA Enterprises Ltd. Bibliography CHAPPELL, David. (2006). Construction Contracts, Questions Answers. Oxford, Taylor Francis. CHAPPELL, David. (2006). Contractual Correspondence for Architects Project Managers. 4th ed., Oxford, Blackwell Publishing Ltd. LUPTON, Sarah. (ed.) (2001). Architects Handbook Practice Management. 7th ed., London, R.I.B.A. Publications. LUPTON, Sarah. (ed.) (2000). Architects Job Book. 7th ed., London, R.I.B.A. Publications. ROY, Morledge, SMITH, Adrian KASHIWAGI, Dean T. (2006). Building Procurement. Oxford, Blackwell Publishing Ltd. MURDOCH, John HUGHES, Will. (2008). Construction Contracts, Law and Management. 4th ed., Oxon, Taylor Francis.

HSBC Formerly Named The Hong Kong Banking Marketing Essay

HSBC Formerly Named The Hong Kong Banking Marketing Essay 1. Introduction HSBC formerly named the Hong Kong and Shanghai Banking Corporation Limited was established 1865. With assets of US $1,502 billion, HSBCs international network comprises over 9,500 offices in 76 countries and territories in Europe, the Asia-Pacific region, the America, the Middle East and Africa. This paper examines HSBCs International Business Strategy with particular emphasis on North America and the US. Firstly, the relevant literature on International Business is reviewed and a comparison between the literature and HSBC is presented. Secondly, HSBCs business environment is looked at; analysing such factors as industry competitiveness. Next, HSBCs International business strategy is critically evaluated and finally, a conclusion along with recommendations is provided. 2. Literature Review The rapid globalization of business in the last two decades has prompted an increasing number of firms to develop strategies to enter and expand into markets outside their locations (Osland et al. 2001:153). Reliability on solely domestic markets is therefore a reliable source for competitive advantage (Rugman Collinson, 2006). Firms must therefore develop strategies of Internationalisation in overseas markets. According to Johanson and Wiedersheim-Paul (1975:306) the term international refers to the activities implemented abroad or attitude of the firm towards foreign activities. Relevant studies on the banking industry and HSBC will be examined below. According to Hoskisson et al., 2000; strategies are moderated by the characteristics of the particular context in which firms operate. In particular, institutions-the rules of the game-in the host economy also shape firm strategies such as foreign market entry (Peng, 2003; Wright et al., 2005). In a broad sense, macro-level institutions affect transaction costs (North, 1990). However, traditional transaction costs research (exemplified by Williamson, 1985) focuses on micro-analytical aspects such as opportunism and bounded rationality. This consequently raises questions on macro-level institutions, such as country-level legal and regulatory frameworks, influence transaction costs have been relatively unexplored, remaining largely as background. However, a new movement in research posits that institutions are far more than ancillary elements, and that institutions directly influence what resources a firm has at its disposal as it strives to develop and launch strategy. An analysis of theory developed specifically out of changes to global markets shows little development of the standard theories of market segmentation, differentiated pricing and appropriate distribution channels which underpinned local and domestic marketing theory. However, the literature over the past five years has shown a particular set of theoretical models specific to global marketing. Hollensen (2007) discusses the Uppsala International Model demonstrating a sequential pattern of entry into international markets with an increasing commitment to overseas markets as the international experience of the firm grows (Johanson and Vahlne, 1977). Hollensen (2007) contrasts this with a traditional approach of what is termed as the Penrosian tradition which is based on economy of scale and a cost-led approach working from the firms core competencies. Dunning (1998) suggests a similar Ownership-Location-internalisation (OLI) framework identifying an ownership advantage of establishing overseas production facilities, a locational advantage which builds a logistics network around the overseas production and, finally, an internalisation advantage where it must be economical for a firm to utilise the previous two advantages rather than sell them to a foreign firm (Hollensen 2007). Similarly, the standardisation-localisation model focuses on specific choices related to internatio nal market entry and the identification of risk mitigation factors salient to international marketing. Baker, M (1993) recognises the risk mitigation inherent in internationalisation, protecting the firm from adverse fluctuations in the national economic cycle. Hollensen (2007) concurs, outlining the ownership, operating and transfer risk in being attached purely to domestic markets. All of the literature is strong on identifying the risks of domestic-based marketing; however there is scant coverage of the specific risks of internationalisation. 2.1 The Strategy of International Business Firms operating in the global marketplace are required to balance concerns for globalisation (economic integration) with national responsiveness (Rugman Collinson, 2006). Globalisation is defined by Rugman Collinson (2006:454) as the production and distribution of products and services of a homogenous type and quality on a worldwide basis. National responsiveness is defined by Rugman Collinson (2006) as the ability to understand different customer requirements in different countries and responding to those local demands by providing the required products and services. Globalisation strategy advocates claim that human needs are homogeneous in every country supporting product standardisation within world markets (Levitt 1983 cited in Schlie and Yip, 2000). Some authors however argue that the globalisation strategy fails to address customer needs in national markets (Rugman Collinson, 2006). In order to analyse the distinction between integration and national responsiveness Figure 1 (Adapted from Bartlett and Ghoshal) will be used. Fig. 1 Source: Bartlett and Ghoshal, 1989, in Rugman and Hodgetts, 2001, p.335. As highlighted above, quadrant 1 represents high economic integration and low national responsiveness. This is a global strategy used by firms to achieve economies of scale (Rugman Collinson, 2006). Quadrant 4 represents high national responsiveness but low economic integration. This is a national responsiveness strategy used to customize products/services to local demand(Rugman Hodgetts, 2001). Quadrant 3 meanwhile, represents both high economic integration and national responsiveness. Quadrant 3 is the most demanding of all and is also where many successful transnational firms operate (Rugman Collinson, 2006). Finally, quadrant 2 is where the need for national responsiveness and economic integration is low. The banking industry uses a combination of mergers, acquisitions, subsidy and Greenfield strategies. However, economic integration is counterbalanced by national responsiveness in terms of how each strategy is designed and implemented (Rugman Collinson, 2006) given that consumer needs may differ from region to region indicates that a product or service introduced in one part of the world is usually rejected by consumers in other parts of the world (Rugman Hodgetts, 2001). HSBC provides a good example in relation to the notions mentioned above. Although, HSBCs international network comprises over 9,500 offices in 76 countries, its entry into the US began as a weak and poor performer. Peek et al. (1999) found that US subsidiaries of foreign banks generally perform poorly due to acquisition of unsuccessful US banks in conjunction with the inability to improve performance sufficiently. Taking this into consideration, HSBC pursued a localisation strategy in different regions of the worl d which is similar to Barclays use of integration in tandem with national responsiveness. 3. The International Business Environment of HSBC In order to understand HSBCs International Strategy, the companys business environment is going to be examined using Porters five Forces because as Sandler (2007:3) points out many of the problems and opportunities affecting a single firm may be associated with broader based systemic issues impacting an entire industry. Secondly, HSBCs business environment is going to be studied using pestle analysis. 3.1 Porters Five Forces Theory Porters 5 Forces theory demonstrates the influences of the five competitive forces which are used to define the characteristics of the target market (Crum 1998, p.307). The main competitive forcers include Porters 5 Forces theory demonstrates the influences of the industry competitiveness (Rugman Collinson, 2006) (See Appendix 1). 3.1.1 Level of Competition (Rivalry) Competition in the banking industry is extremely fierce and HSBC is in strong competition with other major banks, such as Barclays and Lloyds TSB. In an environment of strong competition, banks will find themselves involved in intense price competition. HSBC can avoid price competition by differentiating themselves from the competition as expressed by Porter (1985). HSBC also has competition online debit, insurance and mortgage companies that offer competitive prices. 3.1.2 Threat of Substitutes The threat of substitutes for HSBC is low because money cannot be replaced. However HSBC do have enormous competition from other banks and mortgage lenders and if customers are not happy with the prices and services they are receiving from their bank, they can easily move to a competitor. 3.1.3 Threat of New Entrants The threat of new entrants is extremely high, and not only from banks. Companies such as Sainsburys and Virgin also sell financial products. Ind Bjerke (2007) believe that brand loyalty is an important marketing factor, and HSBC certainly has this advantage. Customers may want a personal service, so the threat of small bank operators whom offer an intimate experience may be favoured over a large bank, such as HSBC (McDonald 2007). HSBC have been operating for many years and therefore has a lot of knowledge and customers can trust them. A new entrant would not have this advantage; especially in many of the countries that HSBC operates such as China, where trust is imperative to the culture (Brett et al 2006). Bargaining Power of Buyers Bargaining power of buyers is extremely high as customers can switch to a rival company with lower rates and offers such as free mobile phone insurance. The customer has the choice of going to a wide array of high street branches and therefore has great power which can affect the market share of HSBC. HSBC need to ensure that they offer something more than the other competing banks, such as holiday insurance. 3.1.5 Bargaining Power of Suppliers Bargaining power of suppliers with regards to HSBC is twofold. Firstly HSBC rely on its customers (suppliers) to bring in its product (money), therefore the bargaining power of suppliers is very high. Secondly, the suppliers are not a threat to HSBC because it is unlikely that they will open their own bank, so the bargaining power of suppliers here is very low. Table 1. Summary of Porters Five Forces Analysis Force Intensity Level of Competition High Threat of substitutes High Threats of New Entrants Low Bargaining power of buyers Very High Bargaining power of suppliers High Pestle Analysis Political Obtaining funding from the money markets has become more costly for HSBC as a result of uncertainty in financial markets and shortage of funds caused by the global credit crisis (BBC 2008). Because HSBC has branches all over the world, they must comply with changes in legislation with regards to their countries of ownership. An example of this was in 2006 when Vietnamese regulations proposed to increase the foreign ownership cap from 10 per cent. As a result of this new regulation, HSBCs FDI rose by 55 per cent (HSBC 2007). HSBC are also affected by political instability. This occurred in Thailand in 2006 when the political crisis had a negative impact on consumption patterns and the number of people taking out loans dropped, oil prices and interest rates increased. Due to all these issues, HSBC only reported a 4% growth in the Thai economy, far less than the other Asian banks (HSBC 2006). Other wars and conflicts in HSBC operating countries will have a direct negative impact on the company. 3.2.2 Economic The credit crunch has seen many major banks tighten their lending criteria in order to reduce the number of credit write-offs. Barclays recently wrote off  £1.67billion, Lloyds TSB  £1.26billion and HSBC  £943million (Hosking 2008). HSBCs profit before tax in 2007 was  £4,081million, and the bank reported a strong start to 2008 despite the global financial crisis. In the first quarter of 2008, HSBCs profit was ahead of the equivalent period last year (HSBC 2008). Compared to other major banks, including Barclays and Lloyds TSB, HSBC is doing well in the face of the crisis. Changes in foreign exchange rates affect HSBC and new frameworks, similar to one introduced in 2007 by the International Monetary Fund causes instability for HSBC (BBC 2007). Consumer perceptions at the emerging economic downturn has people concerned about their spending patterns and less likely to take out loans and spend what they have. Many banks have been withdrawing mortgage offers, however HSBC are now offering competitive rates (Budworth 2008). Due to their differentiation strategy, consumers are attracted to their mortgages. Social A report published in the Independent newspaper highlighted the fact that the number of people going to University increases each year, hence people are becoming better educated (Hilpern 2008). The range of services that HSBC offers to university students has increased over the years, however there have been recent campaigns against HSBC from Student Unions with regards to interest free overdrafts students receive upon leaving University (Coughlan 2007). Housing trends greatly affect HSBC and the current economic crisis has meant that major banks, including Barclays and Lloyds TSB have been urged to cut interest rates (Murchie 2008). Technological The Internet has consolidated itself as a very powerful platform that has changed the way businesses operate (Pieter 2007). People now have access to their finances easily, in any location and for 24 hours. There is vast room for improvement of M-Banking (mobile banking). People are so dependent upon mobile phones and have easier access to their mobile than a computer. The GLT (Global Technology Centre) within HSBC are responsible for new technological advances and operate throughout Europe, Asia and Africa. Environmental With growing environmental pressures, HSBC has become the worlds first major bank to become carbon neutral. HSBCs commitment to change ensures that they provide environmentally responsible advice to lenders and have become involved in a variety of initiatives, including the introduction of renewable energy technology, water and waste reduction programmes and employee engagement (HSBC 2007). Consumers have the option to go green with HSBC and reduce the impact on the environment by saving paper and energy. Customers will receive email statements instead of paper statements, there are no cheque or paying-in books and the customer will be contacted by telephone instead of post (HSBC 2008). Legal HSBC must comply with a wide array of laws and regulations, including consumer protection. Consumer complaints have been paramount in the media lately regarding high bank charges for overdraft limits. The High Court has now ruled that bank charges are to be assessed under consumer protection law. It is now up to the Office of Fair Trading (OFT) to decide the fairness of bank charges. Because of this new legislation, consumers have received millions of pounds back from these charges (Pollock 2008). HSBC has to comply with data security measures set by the Financial Services Authority after HSBC admitted to losing a disk that contained the personal details of 370,000 customers in March 2008 (Booth et al 2008). 4. EVALUATION OF HSBCS INTERNATIONAL BUSINESS STRATEGY 4.1 HSBCs Entry into North America HSBC began its growth in North America by acquiring failed and weak banks. In effect, shareholders lacking a comparative advantage relative to HSBC, with respect to owning and governing given banks or branches (Lichtenberg and Siegel, 1987), sold them to HSBC. Generally, growth through acquisition is difficult to execute as it is vulnerable to problems of over-reach due to managerial hubris (Roll, 1986; Baradwaj et al., 1992 Seth et al., 2000). One cannot arrive at strong conclusions from studies of the profitability of subsidiaries. Banks transfer profit across borders (Demirgà ¼Ãƒ §-Kunt Huizinga, 2001), and foreign banks may prefer to book some business from their headquarters (Peek Rosengren, 2000). One may surmise that HSBC initially chose to acquire weak banks as much out of necessity as design. For any given size, a profitable bank will cost more than an unprofitable one, so in order to achieve diversification goals, HSBC needed to acquire large banks. Now that HSBC is one of the worlds largest banks, whether one measures by market capitalization or total assets, it has more flexibility. Banking concentration is apparent in many developed countries (Marquez Molyneux, 2002). In response, policymakers within these countries have restricted banks from further domestic mergers and acquisitions. Some recent failed attempts in Canada are a case in point (Tickell, 2000). Growth opportunities therefore arise through cross border growth. Interestingly, each of the owners of the largest subsidiaries of foreign banks in the US is disproportionately often the largest bank in its home country (Tschoegl, 2002 2004). Strategy viability assessment is the classic area of determining how a foreign firm competes against local facing lower cultural issues (Zaheer, 1995). One issue then is whether having operations in contiguous countries represents a competitive advantage. Tschoegl (1987) Dufey Yeung (1993) have argued that, where markets are well developed and competitive, there is no reason to expect foreign banks to be better than local banks at retail banking. At the same time th ere is evidence for the existence of a liability of foreignness vis-à  -vis the foreign banks host-country competitors (Parkhe Miller, 2002). Of course, there is also evidence that suggests that, the liability is minimal (Nachum, 2003) or wanes over time (Zaheer Moskowitz, 1996). However, these last two studies examine the liability in the context of corporate and wholesale banking markets. The liability may be more salient in the retail markets, where national differences between the home and host market are likely to be more profound. Claessens et al. (2001), Demirgà ¼Ãƒ §-Kunt Huizinga (1999) found that foreign banks tend to have higher margins and profits than domestic banks in developing countries, but that the opposite holds in industrial countries. Similarly, Dopico Wilcox (2002) found that foreign banks have a greater share in under-banked markets and a smaller presence in mature markets. This implies there must not be a high expectancy for coss-border mergers in commercial banking within developed regions. One can specu late that on the production side, differences in products across markets and privacy laws appear to be limiting parents ability to consolidate processing. As far as depositors are concerned, there seems to be little value to having an account with a bank that operates in other countries, especially now that travelers can draw cash from networked ATMs. HSBC has a service for wealthy individuals-HSBC Premier-that provides cross border advantages as transfer of an individuals credit rating when they relocate, and some other services. However, these facilities are not available to ordinary accounts. The literature on trade flows is instructive here; the evidence on NAFTA has shown that borders have a substantial damping effect on trade flows (McCallum, 1995). In North America, HSBC is even poorly positioned to take advantage of cross-border retail banking that is currently drawing attention: remittance flows from Mexican workers in the US. Although HSBC now has a strong presence in Mexi co, it has almost no offices in California or other US states with large populations of Mexican immigrants. By contrast, Bank of America, the largest bank in California and in many other US states in 2002, bought a 25 percent stake in Santander-Serfin, Santanders subsidiary, which has amalgamated Mexicos oldest and third largest bank. If there is reason to believe that, HSBC benefits from cross-border demand or production effects, what is left as a source of advantage? One candidate is what Kindleberger (1969) called surplus managerial resources. When a bank such as HSBC can no longer grow at home, it may find itself with a management team that is underemployed in terms of the demands on its time. The bank may then choose to grow abroad when it can combine these surplus resources with what Berger et al. (2000) call a global advantage. As Nachum et al. (2001) point out, the competitiveness of firms depends on the kind of assets that firms can transfer internally from country to country, but are difficult to transfer from one firm to another, even within a country. Still, it is, extremely difficult to measure an intangible asset as subtle and hard to define as better management (Denrell, 2004), especially when, recent events have shown, stock market performance or accounting measures are of doubtful reliability. 5. HSBCs International Business Strategy HSBC, a growth oriented company from earliest days decided to launch concrete strategies to attain market leadership in all sectors operated in. Though the company was amongst the leading players in areas such as consumer finance, personal financial services, commercial and corporate banking, it also wanted to establish its presence in areas such as investment banking, mortgage, insurance and credit card business. To strengthen its product portfolio and geographical reach, HSBC embarked on an aggressive acquisition strategy. The focus was on areas where it was either weak or did not have a presence. Simultaneously, the company launched an aggressive branding exercise to complement its growth strategy. The geographical reach of the bank could be estimated by its presence in the form of the subsidiaries and franchises. It can be said that HSBC uses the multinational strategy since it operates in a range of markets. According to Prahalad and Doz (1987), the prime consideration here is t he extent of pressures for global integration and extent of pressures for local responsiveness. In addition, Schlie and Yip (2000:343) argue, the key in global strategy is to find the best balance between local adaptation and global standardisation. In order to achieve the benefits of globalisation, businesses need to recognise when industry conditions provide the opportunity to use global strategy levers (Yip, 1992). Authors Morrison and Roth, Rugman Verbeke (see Schlie Yip, 2000) maintain that Regional Strategies offer such an optimal balance. In order to analyse the globalisation drivers of HSBC, the Yip Framework drivers for internationalisation was adapted from Yip, 1992. According to Campbell (2002), Yip identified four drivers (See Appendix 2) which determines the nature and extent of globalisation in an industry. Table 2. Globalisation drivers of HSBC Market Globalisation Drivers Global customers Global distribution channels Presence in lead countries Common customer needs Cost Globalisation Drivers Global scale economies Difference in exchange rates High product development costs Rapid change in Technology Government Globalisation Drivers Common marketing regulations Government owned customers (Subsidies) Host government concerns (Policies) Competitive Globalisation Drivers Competitors globalised Competitors from different continents 6. Strategies and Performances of Principal competitors 6.1 Branding and Diversification Brand development creates an identity for businesses which creates a competitive edge depending on its effectiveness (Montoya, 2002). The groups chairman stated commitment to making HSBC one of the worlds leading brands for customer experience (HSBC, 2007). In 1998, the Group adopted the HSBC brand and the hexagon symbol as a unified brand in all the markets where it operated which emphasized its global reach. HSBC adopted taglines such as Your world of financial services in 1999 to enable customer awareness on the range of financial services available for each customer. HSBC ensures that its understanding of varied markets and cultures are integrated into its brand through the tagline The worlds local bank developed in 2002. Similarly its competitors, Barclays uses a branding strategy which promises to deliver value through financial expertise the fluent in finance strapline (Brand republic, 2004) and Lloyds TSB on the other hand, develops a global strategy through the development of a strong brand image by reducing local customization and selectively satisfying common customer demands across markets (Osono et al., 2008:28). Diversification Strategy is the launching of new, retail-focused services, Link with enabling competitive advantage (Hitt, et. al., 2006), Although HSBCs core brand is strong, customer recognition may have saturated, therefore integrating both fresh brands into subsidiaries in tandem enables its growth through Merger and acquisitions providing a competitive advantage, enabling HSBC to play a central role in two of Europes biggest-ever merger and acquisition deals i.e. Mittal Steels hostile bid for Frances Arcelor and German utility company Eons offering for Spanish rival Endesa (Digital look.com 2009). 6.2 Technology use and strategy Through advances in technology, HSBC presents customers with a broad spectrum of financial services including personal financial services and investment banking, amongst others, to create competitive advantage through strategic alignment (competitive potential) (Venkatraman et. al., 1993). Similarly, Barclays and Lloyds TSB use strategic alignment (Service level) to ensure the effective use of IT resources and be responsive to the growing and fast-changing demands of the end-user population (Cio.co.uk, 2010). 6.3 Performance Evaluation It is argued that positive relationships between marketing spend, market share and marketing activities have an incremental impact on market share however this does not apply to the big four banks (Digital look.com, 2009). The graph below demonstrates decline of share prices for RBS and Lloyds in the last two years. Both banks have lost between 75% and 85% of its values in comparison to the past 2 years. Fig2: Market Shares Trends of the Top Major Banks In summary, the results demonstrate varied results for UK banks in 2009. HSBC for example, report significant improvements whereas others such as Barclays and Lloyds TSB demonstrate decline due to the impact of the global financial crisis. In addition, according to Digital look.com (2009), HSBCs success attaining the top of investors is as a result of the following: Largest bank in the UK with a well-capitalised balance sheet. Solid defensive stock with a stable and resilient earnings track record. Well-placed to benefit from the continued economic growth in emerging markets. Currently trading on attractive valuations with a forward P/E of 11.6 times and a dividend yield of 3.4%. HSBC demonstrates a lack of focus and development with regards to investment banking which has prevented HSBC becoming a major player in investment banking. Focus and development is essential for performance improvement due to continuous sub-prime mortgage fallout and credit tightness influences on the retail banking sector (Digital look.com, 2009). The last three years demonstrate the emergence of HSBC as an investment banking brand. 7. CONCLUSION The findings indicate that HSBC dominates the banking industry with record profits, however the bank has reported increasing debts and this will not be helped by the current credit crisis in the US and the UK. As consumers become increasingly aware of the rising cost of living they are likely to shop around for the best interest rates and they are likely to find this on the internet with online mortgage and debt companies. Although the introduction of online banking has proved popular among HSBC customers, the company should ensure that extra security measures are in place that will guarantee maximum security of consumer data. As HSBC is a multinational company and therefore people trust the brand and confidence that their finances are being well maintained, there are development opportunities for the future in destinations, such as Afghanistan and Brazil. 8. RECOMMENDATIONS In order to rectify the shortcomings in its international strategy, the author of this report recommends that consideration be given to the following: HSBC should seek to identify optimal investment packages and strategies HSBC should expand its products and services to suit the various markets and the times. HSBC should focus on driving growth of brands and improving performance by ensuring that their strategies create value and growth. HSBC can stay ahead in competition by offering better services for its customers such as exceptional customer service, environmentally friendly policies including the HSBC Communities Policy which aids developing countries. BIBLIOGRAPHY Amel, D., Barnes, C., Panetta, F., Salleo, C. (2004). Consolidation and efficiency in the financial sector: A review of the international evidence, Journal of Banking and Finance, Vol. 28, No. 10, pp. 2493-2519. Anand J, Delios A. 2002. 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