eChapters

Marketing management refers to distribution of the firm’s product or service to the customers in order to satisfy their needs and to accomplish the firm’s objectives.

Marketing includes developing the product or service, pricing, distribution, advertisement, merchandising, doing personal selling, promoting and directing sales and service to customers.

Marketing is an essential function because unless the firm has a market, or can develop a market for its product or service, other functions of staffing, producing and financing are futile. Marketing functions are schematically given below :

Materials Management deals with purchasing and controlling of the materials used in the production process.

Materials (Goods) Planning and Control

Decisions to be taken in this are:

• Amount of materials needed for output desired
• Amount of inventory and its storage and reordering
• Vendor relations
• Quality materials and price per unit
• Quantity and time of order
• Methods of receiving and transporting
• Handling of defective materials and stock

Policies and procedures should be established so that most of these decisions become routine in nature. When exceptions occur, the concerned authority should correct them.

Functional Areas

In any business organization, the commonly identified functional areas are production, marketing and finance. In recent years, the personnel and materials that go into the production process, packing process and marketing process have gained importance and given due importance by treating them separately as personnel and materials management.

Organization functional areas are

• Production Management
• Marketing Management
• Financial Management
• Personnel Management
• Materials Management

The above functional areas are not watertight compartments. The decisions/actions taken in one functional area affect the other functional area. The decisions in production and marketing are influenced by the actions on such matters as volume, terms and conditions of loan. The quantity, quality and timely availability of materials also has a bearing on production and marketing decisions. The labour motivation towards work and supervising ability/skill of supervising personnel also affects production and marketing.

Control means the power or authority to direct and order or restrain. In the context of an entrepreneurial function, control may be defined as “comparing operating results with the plans, and taking corrective action when results deviate from the plans”.

Control requires two things: first, there is a clear – cut and specific plan according to which any work is to proceed and second, it is possible to measure the results of operations with a view to detecting deviations.

Directing is concerned with telling subordinates what to do and ensuring that they do it as best as they can. It includes assigning tasks and duties, explaining procedures, issuing orders, providing on-the-job instructions, monitoring performance, and correcting deviations.

Directing must have two dimensions, namely, i) magnitude and ii) aim or direction.

The directing function includes the following:

1. Supervising
2. Guiding
3. Leading
4. Motivating, and
5. Communicating

Organization means a system with parts which work together, or system with parts dependent upon each other. According to Louis Allen, organization is a process of identifying and grouping the works to be performed, defining and delegating responsibility and authority, and establishing relationships for the purpose of enabling people to work most effectively together in accomplishing objectives.

There is a difference between the words "Organizing" and "organization". Organizing refers to i) the identification and classification of required activities, ii) the grouping of activities necessary to attain objectives, iii) the assignment of each grouping to a manager with the authority (delegation) necessary to sepervise it, and iv) the provision for co-ordination, horizontally and vertically, in the oganization structure.

Organization implies a formalized intentional structure of roles or positions. The "intentional structure of roles" would refer to the roles people are asked to fill should be intentionally designed to ensure that required activities are done and that activities fit together so that people can work smoothly, effectively and efficiently in groups.

Planning is the beginning of all the other processes of management, namely, organizing, staffing, directing, communicating and controlling.

Planning is deciding in advance what to do, how to do, when to do and who is to do it. Planning bridges the gap from ‘where we are’ to ‘where we want to go’ (Koontz and O’Donnell).

In the words of Theo Haimann, “Planning is the function that determines in advance what should be done". It consists of selecting the objectives, policies, programmes and procedures of the enterprise and also the means of achieving their objectives.

As a part of planning process, the manager has to ensure that his team members understand the purposes and objectives of his enterprise and also methods to achieve them.

Management can be viewed as a group effort towards a common goal in which team behaviour plays the important role. According to this view, the material resources and external environment are common to all management; what makes for effectiveness and success of one group relative others is management - that is, the human element - behaving in group and leading the business to its determined goal.

Management may in short be called a science of decision-making or a science of choice. A farmer has to make judicious decisions on the use of scarce resources, having alternative uses to obtain the maximum profit and family satisfaction on a continuous basis from the farm as a whole. In other words, management seeks to help the producer in deciding problems like what to produce, how much to produce and when to buy and sell and organization and managerial problems relating to these decisions.

Management – Definition

According to Lawrence A. Appley, management is an art of getting things done through the efforts of other people.

The Committee on Economic Development has defined small business as one which satisfies two or more of the following criteria.

• Management is independent (usually the managers are owners).
• Capital is supplied and ownership is held by an individual or small group.
• The area of operation is mainly local. Workers and owners are in one home community. Markets need not be local.
• Relative size within the industry – the business is small when compared to the biggest in its field. The size of the top bracket varies greatly so that what might seem large in field would be definitely small in another.

John H. Davis of Harvard University first used the term agribusiness in 1955. In 1980s it was given three connotations: (1) synonymous with term agriculture, (2) synonymous with agricultural economics and (3) a modified concept of agriculture, excluding farming, or the off-farm aspects of agriculture.

Agribusiness is defined as all business enterprises or sells to farmers/traders/consumers. The transaction may involve either an input or a produce or service and encompasses items such as:

• Productive resources (feed, seed, fertilizer, equipment, energy, pesticides, machinery, etc.)
• Agricultural commodities –(raw and processed commodities of food and fiber)
• Facilitative services (credit, insurance, marketing, storage, processing, transportation, packing, distribution, consultancy, soil testing etc.).

I. CHALLENGES TO CYBERSPACE

The problems and prospects of copyright and information technology need to be deliberated in the context of present day jurisprudence. The subject is referable to the extensive use of information technology all over the world which has resulted in enhanced efficiency, effectiveness and optimum use of resources. The copyright law is concerned with the negative right of preventing copying of the physical material in the field of literature and arts. Trade and Merchandise Marks Act protects the patent, trade mark and design giving the registered proprietor an exclusive right to the registered material. The prohibition contained in rights in patent and copyright extend to the unauthorised manufacture or reproduction, so long as the exclusive right rests. Copyright has been held to be not the mere creature of the statute but a natural and civil right. The moral basis of the copyright is that the man is entitled to the fruits of its mental faculties as much as he is entitled to the fruits of his mechanical labour. The law rests on the English Commandment - thou shall not steal. It does not permit one man to make a profit and appropriate himself what has been produced by the labour, skill and capital of another. Blackstone in his commentaries Vol.II at page p.406 has stated:

There is still another aspect of property and this is the right which an author may be supposed to have in his own original literary compositions: so that no other person without his leave may publish or make profit of the copies. When a man by the exertion of his rational powers has produced an original work, he seems to have clearly a right to dispose of that identical work as he pleases and any attempt to vary the disposition he has made to it appears to be an invasion of that right.

I. INTRODUCTION

The Websites are soaked in information, much of it with varying degrees of copyright protection. In fact, the reality is that almost everything on the Net is protected by copyright law. E-business Websites are a composition of materials, often consisting of words, graphics, audio, and video that are expressed to the consumer as information content. The owners and Website developers carefully select the content to sell the company’s product or service. The subject matter expressed in the site is an electronic publication of this content. Since, designing, producing, and maintaining a sophisticated Website is very expensive, protecting content ownership is extremely important. Electronic commerce will continue to be highly competitive. As Websites become more and more interactive with consumers, their creation, design, and maintenance place enormous demands on innovative marketing techniques that should be legally protected.

Never before has it been so easy to violate a copyright owner’s exclusive right to copy the material. Everyone with a computer and an Internet connection creates his own Web pages and thus become a publisher. Hence the rules that once applied to only a few companies bind million of people now. Imagine having paid a Website developer hundreds of thousands of rupees to launch a killer application and acquiring millions of Rupees from a venture capitalist firm, only to discover that another e—business is using your online material. Or consider a scenario where your Website is linked to an e-business that displayed copyrighted material without the owner’s consent. Could your company be liable under a theory of copyright infringement? This paper highlights the scenario when contents of your Website are exploited by others without your permission or knowledge. The discussion is centered on copyright issues involved in the practices of linking, inlining and framing technologies which are normally being used on the Internet.

I. INTRODUCTION

Information technology has heralded a new era of Communication System. It has revolutionized the whole commercial world. The mother earth looks like a global village where people sitting thousands of miles away can talk face to face, like people sitting across the table. Business men and consumers are using computer to create, transmit and store information in the electronic form. Traditional form of paper documents are being discarded for the reason that electronic method is Cheaper, easier to store, retrieve and communicate. Though these advantages are obvious but people were reluctant to transact business in electronic form due to lack of legal frame work, validating these transactions. All the paper transactions involved writing and signature to conclude them. These writings and signatures posed a great hurdle for electronic governance and electronic commerce for validating and enforcing them. The law of Evidence is based on paper made documents which should have been signature. Since electronic commerce eliminates the need for paper based transactions, hence to facilitate e-commerce the need for legal change has become an urgent necessity. International trade, though the medium of e-commerce, is growing by leaps and bounds for the past few years. Many countries have switched over from traditional paper based commerce to e-commerce. The instantaneous means of communications through internet have been a great menace to copy right in different areas David Teather from London has reported that the International Federation of the Phonographic Industry say that the market in year 2000 was worth $36.9 billion, a fall of 1.3 per cent on the previous year. The biggest decline in the sale of C.D. singles was 39% and globally it fell by 14%. The growth in popularity of Napster and to contain the damage. Napster is in the process of removing copyrighted material from its site.¹ But the powers of the computer are so great that the law enforcement agencies are facing a real challenge to contain its onslaught. Internet telephony is a common sight at cyber cafe, despite the fact that it is illegal.2 B.B. Nanda and R.K.Tewari observe that “ internet paedophilia, computer network break-ins, industrial espionage, Child pornography password sniffling, spoofling, telecommunications fraud, software piracy, e- mail bombing and spamming, and the availability of illicit or unlicensed products and services are offences already making themselves felt. Emerging problems include credit card fraud, cyber terrorism, cyber laundering and criminal use of secure internet communications. The huge growth of internet will breed cyber fraud with great ease especially in the area of share-holdings of companies.3 The present weak electronic system of payment without adequate safeguard is posing a serious risk for unauthorised withdrawals from banks and counter money laundering operations. Software piracy is a boom business and video and phonographic industries are sinking day by day globally.4 The UNCITRAL Model law provides for equal legal treatment of users of electronic communication and paper based communication. In pursuance of a declaration made ‘by Member Countries, the World Trade Organisation (WTO) is about to form a work programme to handle its work in this area including the formation of multilateral trade deals through the medium of electronic commerce. The paper discusses, briefly, the meaning of cyber space the origin and development of intemet and e commerce its uses and abuses. Certain provisions relating to Information Technology Act, 2000 have been briefly discussed to apprise oneself about its effectiveness in meeting the challenges posed by e commerce in different areas.

I. INTRODUCTION

In a global, knowledge-based economy, Intellectual Property Rights (IPRs) are a key to the international competitiveness of both nations and firms. International competition in the traded goods increasingly contains a high degree of innovation. IPRs have thus; become a trade issue and a major component of the World Trade Organisation (WTO). Adequate IP protection at an international scale has become essential for appropriating global revenue streams to support investments in developing state of- the- art technology. Although the concept of intellectual property is very old, there appeared the need to harmonize laws to facilitate international trade and free flow of technology. This became very necessary because it was difficult to obtain sufficient protection in the other countries of the world, in view of the disparity in the laws in each country. As per World Intellectual Property Organisation (WIPO) definition, intellectual property refers to creations of the mind, inventions, literary and artistic works, symbols, names, images and designs used in commerce. Broadly, intellectual property is divided into two categories. The first category covers industrial property, which includes patents, industrial designs and trademarks, all of which have industrial applications. The other refers to copyright laws, which are applied to such things as literary, dramatic and artistic works; rights relating to performing artists, the production phonograms and rights of broadcasters in their radio and television programs.¹ Patented inventions have, in fact, pervaded every aspect of human life, from electric lighting and plastic, to ballpoint pens and microprocessors. During a time when the future of many industries seems uncertain, one industry in particular appears to be positioned for expansion and enduring success. This is the biotechnology industry, which according to some analysts will be a major driving force behind the new economy of the 21st century.2 This seemingly lofty prediction is based in large part on the immense promise offered by biotechnology. The innovations developed with biotechnological techniques promise to prolong and improve our lives and the world we live in by achieving advancements in health care, agriculture, food products and production, industrial processes and environmental preservation. Biotechnology is not a new science and it has existed in some form or the other for centuries. Biotechnology in one form or another has been part of human development since the dawn of agriculture. Human ingenuity has led to increased production and greater diversity and quality of livestock and varieties of crops. Today’s food crops and domestic animals embody the benefits of many generations of selection and breeding. However, the advent of genetics has opened exciting opportunities in this sector, because of its numerous applications, which range from improvement of human health and food production to reduction of environmental damage. These opportunities are also coupled with controversies that not only challenge the laws within which society functions, but also our ethical and religious beliefs.

I. INTRODUCTION

Over the last few decades, protection of intellectual property rights (IPRs) has become a global issue. The existing international intellectual property rights regime has been governed by the Trade- Related Aspects of Intellectual Property Rights (TRIPS) Agreement.1 Inspite of maturity of intellectual property laws in post TRIPS era it still desiderate to established coherence with human rights laws particularly right to health and maintain a distance with the socio-economic dimension of intellectual property protection. On the other hand the international human rights instruments from the very beginning appear to be considerable to make certain links with intellectual property rights.2 The issue that is now debated that the adoption of the TRIPS Agreement provisions have serious impact on the realization of certain basic human rights such as the right to health because of non availability and affordability of much needed medicines for the poorer populations of the world particularly in majority of developing countries. Meanwhile TRIPS flexibilities as confirmed by the Doha Declaration on Public Health were adopted in 2001 by the global community to address medicines as public health issue.3 Keeping in view the above developments the problem of right to health and the relationship between medical patents and access to medicine in the case of the HIV/ AIDS and T.B epidemics is complex challenge in the context of the 2030 Agenda for Sustainable Development Goals in 2015 adopted by Member States of the United Nations in Sep, 2015. One of the aims of the agenda is to ensure healthy lives and promote the well-being of people of ages.4 In such a situation it is high time to revisit the existing intellectual property regime in the broader context to protect everyone who is likely to be negatively affected by intellectual property standards imposed by developed nations. Under this backdrop the present paper wishes to examine the various kinds of potential impacts of intellectual property regime on the realization of access to medicine as part of human right to health as universal entitlements amongst the most disadvantaged and marginalized peoples and communities in the broader context of sustainable development goals.

I. INTRODUCTION

Procedural remedies for the infringement of one’s right are not enough by themselves unless they result in some reliefs of substantive nature whereby it can reasonably be said that these reliefs, temporary or permanent, as the case may be, are enough in the circumstance to make good or, say, compensate the genuine loss of the aggrieved party to an infringement suit. The substantive remedies available to a successful plaintiff at any stage in any suit for patent infringement could, however, be derived from the express as well as by necessary implication of the provisions of the Patents Act, 1970 dealing with the “Reliefs in suit for infringement”. Its Sec. 108 declares in terms quoted below:

I. INTRODUCTORY OUTLINE

The post-Vienna legal phase is remarkably known for revolutionary changes across the global wherein the third generation of human rights became the hallmark for the comity of nations and a liberational instrument to come out of nightmarish experiences of poverty and hunger.1 On the other hand the post-GATTised legal ordering is known for much publicized and debatable conclusion of Trade Related Aspect of Intellectual Property Rights (TRIPs) and creation of World Trade Organisation (WTO).2 This new jurisprudential polemics soon evoked fierce scrutiny from the stand point of human right and poverty among third world countries.3 At home, it is dubbed as ‘bleeding operation with the dubious promise of benign global competition’, ‘de facto nullity of constitutional goal of social welfare’ and ‘contra- constitutional coup.4 Since India has become a member of WTO it indulged into massive rehabilitation and fundamental mutation of IPR regime. Despite the fact that it has a stark distinction of being a grain- surplus and food and livelihood insecure country. An inventory of over forty five million tonnes of wheat and rice in granaries remains ready for consumption. On the other hand over two hundred fifty million people generally go to bed partially hungry every day. There is a near consensus on the need to banish hunger but the realities on the ground remain that even at the risk of raising hopes the goal of food security may not be realized for generations.5 At home under the cover of food security the government is keeping millions of tonnes of food out of reach of the poor people.6 In fact India’s record breaking 200 plus million tonnes harvest is the result of steep fall in purchasing power of poor. The myth of surplus is based on sending hundreds of millions of human being hungry to their beds.7 Taken to its logical end we have abundance of food, surplus of hunger and scarcity of vision under the garb of food security.8

I. MANDATE OF COPYRIGHT LAW

The importance of intellectual property rights has arisen in recent years to a great extent. The law of copyrights protects original forms of expression i.e. Novels, Movies, Musical compositions and computer software etc. Earlier it was mainly confined to the -published Work and owner of it could prevent others from getting it published in the form of books or articles in order to get benefit in terms of money or goodwill or reputation. In case of such undue enrichment, the owner had a valid cause of action. The owner of the copyright has a valid cause of action against the violator. At present even in case of its adoption and translation or abridgement, it is obligatory to have consent of author. The main purpose and object of copyright law is to protect the expression in any other form from unauthorized use. Since 1847, the copyrights law is in developing stage so, many legislations has been enacted.1 With the changing of times, the meaning of expression also changes and the style of exhibit the things also changed. The right of author who gives expression in any form is protected from unauthorized use.

I. INTRODUCTION

Nations are growing with pace in technology and technological advancements. Till the end of 20th century development was the priority of entire planet earth but in the ending of the 20th century it was realized by almost all countries that development cannot go alone but it has to have the social, economic and environmental concerns. It was realized by the United Nations in Rio Conference on Environment and Development, 1992 that there is need of sustainable development. Now in 21st century the technological advancements are needed to be utilized for saving the planet earth from the curse of climate change and global warming reducing the carbon emissions across the entire planet earth. The argument in this paper is based on, how far technological advancements and technology transfer, by developed countries to developing countries can be facilitated in reduction of the carbon emission and greenhouse gases, through legally binding norms? How there should be synergy in between technologies reducing carbon emission and IPR issues?

I. INTRODUCTION & OVERVIEW

Intellectual property rights may be defined as the legal relationships that arise out of an individual’s creative gifts and the communication to society of his or her intellectual creations. Intellectual property is challenging as well as rapidly widening horizon of law. The purpose of law is to encourage and reward creativity and intellectual effort. The prominence of this branch of law in India is partly due to India’s economic structure and its geographical position in the world. Many international companies operate in India either directly or through licensees or agents. Numerous goods, services, and technological developments have overseas origins. Foreign companies often control their interests through contract but they invariably do so by means of copyright law, obtaining of patents or by registration of trade-marks and designs. It follows that in particular circumstances intellectual property remedies are most convenient method of maintaining control, or at least a useful adjunct to other remedies based on contract. Another important factor is the upsurge in “piracy” that is occurring not only in India but also in almost every other part of the world. Piracy may originate outside India, or, it may also originate in lndia. While devising legal apparatus for the welfare and protection of creative people, we must not lose sight of the public interest in the greatest measure of access to information and culture. Intellectual property rights are significant wealth- creating assets and their protection and commercialization are of increasing economic significance. In past the value of such rights was often overlooked and it is only in recent years that the economic potential of intellectual property has started receiving greater recognition. The dawn of the third millennium which has led to the emergence of knowledge capitalism with emphasis on intangible assets such as knowledge, competencies and intellectual property is a defining movement in the history of mankind. It is a defining moment in the history of mankind because the historical forces set in motion by the digital revolution has spawned a new civilization characterized by path breaking inventions and technological innovations and the opening up of the electronic frontier. It is an age of digital renaissance which combines the marvels of the Age of Discovery and the excellence of medieval Renaissance rolled into one. As a result of the information technology revolution there is a transition from industrial society to information society. Convergence of computer networks and communication technologies facilitated by the digital revolution has given birth to Cyberspace which in turn has ushered in knowledge economy. Hence, the intellectual property law faces challenges. In this background the concept, nature and development of intellectual property rights are proposed to be examined. The paper will be divided into V more parts. Part II of the paper will outline the meaning concept of intellectual property and range of subject matter protected by law, part III will examine the jurisprudential justifications of intellectual property protection, part-IV will explore the evolution and development of intellectual property rights under international law, part-V will demonstrate the evolution and development of intellectual property rights under Indian law. And part-VI will conclude the subject.