Book and Popular Essay

1. Introduction Popular Holdings is a Singapore-based company that is listed on the Singapore Exchange. Popular is best known for its chain of Popular Bookstores under the Retail and Distribution unit. The Group currently carries out its publishing activities through subsidiaries operating in countries such as Singapore, Malaysia, Hong Kong, Macau, Taiwan and Canada. Its bookstore operations have a network of over 90 Popular Bookstores and 360 Popular managed bookstores with its core businesses in retail, distribution, publishing and e-learning. 2. History of the Company |1924 |Popular started in Singapore under the trade name of Cheng Hing Company, established by the late Mr Chou Sing Chu. It distributed | | |Chinese storybooks. | |1930 |Established World Book Company in Singapore to distribute Chinese books and later moved into the publishing business. | |1936 |Established Popular Book Company in Singapore to sell Chinese books. | |1949 |Incorporated World Publishing Company in Hong Kong to publish magazines and Chinese books for both local and Asian markets. | |1952 |Set up United Publishing House Pte Ltd in Singapore and Malaysia to publish textbooks. | |1975 |Started offering English titles in Singapore and was positioned as â€Å"The Bilingual Bookshop†. Business grew dramatically. | |1984 |Opened the first bilingual bookshop in Malaysia. | |1990 |Introduced the POPULAR Card to cultivate customer loyalty. | |1993 |Expanded the business scope by retailing music products and audio accessories under the brand name of â€Å"CD-RAMA†. | |1997 |Listed Popular Holdings Limited (â€Å"POPULAR†) on the Singapore Exchange. | |2000 |Set up joint venture, EdnoLand (HK) Limited, to provide interactive learning programmes to preschool children. This signified the start | | |of the Group’s e-learning initiatives. | |2002 |Entered the e-learning market of Mainland China | |2003 |Incorporated a wholly-owned subsidiary, Popular Digital Products (Shenzhen) Ltd in January, leaving the first footprint in Mainland | | |China’s publishing market. | |2003 |Ventured into Taiwan publishing market. | |2006 |Successfully organized the inaugural BookFest@Singapore and BookFest@Malaysia, drawing over 400,000 visitors. | |2008 |Successfully organized the inaugural BookFest@Hong Kong 2008. | |2009 |Launched â€Å"UrbanWrite†Ã¢â‚¬â€a lifestyle stationery concept store that goes beyond the basics. | |2009 |Opened a new concept bilingual bookstore { prologue } at ION Orchard. | |2010 |Celebrated the 5th anniversary of BookFest@Singapore and BookFest@Malaysia. Both BookFests managed to achieve record turnouts of over | | |half a million visitors each. | 3. Management Structure Popular Holdings has a centralized organizational structure. Mr Chou Cheng Ngok is the Executive Chairman of the Board. In view of the Group’s single leadership structure, Mr Vangatharaman Ramayah was appointed as the Independent Director to lead and coordinate the activities of non-executive directors in circumstances where it would be inappropriate for the Chairman to serve in such capacity. The Independent Directors, Mr Vangatharaman Ramayah and Mrs Lim Soon Tze ensure that there is a good balance of power and authority to enable independent exercise of objective judgement of corporate affairs. All major decisions made by the Chairman are reviewed by the Audit Committee (chaired by Mr Vangatharaman Ramayah). The Nominating Committee (chaired by Mrs Lim Soon Tze) reviews his performance periodically and the Remuneration Committee (chaired by Mr Vangatharaman Ramayah) reviews his remuneration package. Hence, the Board believes that there are adequate safeguards against an uneven concentration of power and authority in a single individual. For management purposes, the Group is organised on a worldwide basis into business units based on their products and services, and has four operating segments as follows: Retail and Distribution, Publishing and E-Learning, Property Development and Corporate. Ms Lim Lee Ngoh and Mr Poon Chi Wai Ponch are the Executive Directors who are in charge of the performance of the businesses. [pic] 4. Markets Served 4. 1 Countries Served As of 30 April 2012, Popular had 148 bookstores – 63 in Singapore, 70 in Malaysia and 15 in Hong Kong. Popular is the biggest book retailer in Singapore, Malaysia and Hong Kong (Chairman’s Statement, Annual Report 2012). Popular is making fast and extensive inroads into the Greater China market, especially in China and Taiwan. There have been marketing offices and subsidiaries set up in Beijing, Shenzhen, Guangzhou and Taipei. 4. 2 Customer Groups Served Due to the various branches in its core business and the variety of products offered at retail stores, Popular serves different customers of all ages, including students who constitute a large portion of their customer base. Popular’s customers range from individual consumers to corporate groups. 5. Products Offered Popular has its core businesses in retail, distribution, publishing and E-learning. As stated in the 2012 Annual Report, â€Å"though the book business is often labelled a sunset industry, retail and distribution [of books] are one of Popular’s strong core businesses†. Popular’s bookstores have products such as books (textbooks, assessment books, storybooks, reference books), CDs, DVDs, educational software, computer accessories, art materials, stationery, electronics, toys, games and gifts. 6. Recent Performance of the Company Popular Bookstore has been achieving increasing turnovers for 3 consecutive years. As seen in Fig 1. 1, Popular achieved a turnover of S$439 million in 2011 in its Retailing and Distribution sector, improving from the past results of 2010 and 2011. The increase in turnover in the Retail and Distribution segment is mainly due to 9 new outlets opening in various locations in Singapore, Malaysia and Hong Kong and the book voucher programme held in Malaysia, where Malaysian students were each given a book voucher worth RM$200 each as part of Malaysia’s government budget in the education sector. Also, the increased turnover is due to reduced costs – In 2010, Popular reduced costs by reducing its retail store space from15200m2 in 2009 to 13700m2 in 2010. Its Publishing and E-Learning sector is doing well as well, with its turnover increasing from S$69 million in 2011 to S$72 million in 2012. Go-Easel is one of Popular’s initiatives which led to this increase in turnover. Go-Easel features digitalised assessment books which provides instant marking and step by step solutions. It gained popularity among students and parents due to its convenient and effective way in helping students academically. [pic] Profits before tax (PBT) in the Retail & Distribution of Popular Bookstore experienced a positive growth as shown in Figure 1. 2, with PBT of S$29 million in 2012, improving from S$19. 1 and S$10. 9 million in 2011 and 2010 respectively. However, there was a drop in PBT in the Publishing & E-Learning sector, decreasing about 24. 7%, from S$9. 7 million in 2011 to S$7. 3 million in 2012. This was due to the closing of one of its magazine distribution business due to restructuring. However, because this closure is only a one-off cost, the prospects of the Publishing & E-Learning sector in Popular Bookstore still remains hopeful for future growth and greater profits. [pic] 7. Macro-Environment Analysis 7. 1 Political Forces Education policies implemented by the government can improve Popular’s sales. For example, in Malaysia, as part of the budget allocated by the government in 2012, every student in Malaysia received a one-time book voucher worth RM$200. This policy led to greater spending in bookstores by the Malaysian community. Popular was the biggest bookstore company with 70 bookstores in Malaysia, and so Popular experienced an increased turnover in 2012. However, governmental regulations may limit demand and reduce profit for Popular Bookstore. The Media Development Authority in Singapore prohibits any import of books, publication, audio materials that contains content that may be â€Å"objectionable on moral, racial or religious grounds, or deemed detrimental to Singapore’s national interest. † (MDA, 2011) Thus, Popular Bookstore is restricted in their range of books and media as it has to comply with these regulations, causing it to lose some of its competitive edge to online E-books retailers. Book readers in Singapore may be able to purchase the restricted materials from these retailers, as these retailers are based overseas and are not restricted by the Singapore law. 7. 2 Economic Forces The relatively high inflation rate in Singapore (4. 1%) and Hong Kong (4. 0%) in 2012 and the bleak global economic outlook is fortunately, not much of a stumbling block for Popular Bookstore, with it achieving positive growth in its Retail and Distribution sector. This could also be attributed to the items that Popular sells, which are mostly books (Eg. Assessment books, textbooks)and stationery. The demand for these items has a small, positive value of income-elasticity because they are necessities and normal goods for students. Hence, a decrease in incomes due to poor economic conditions results in a less than proportionate decrease in demand for Popular’s books , thus Popular has not been badly affected. 7. 3 Social Forces In today’s world, many deem education as an important tool towards a better paying job and a better life. Thus, the spending on education, which includes spending on textbooks, stationery and assessment books, is increasing. For example, in Singapore, the consumer spending on education has been increasing at a steady rate, from US$ 84. 1 million in 2008 to US$155. 4 million in 2011. (GMID,2012). This shows that Singaporeans are increasing willing to spend on education-related items, such as textbooks and assessment books, to supplement the learning. As a bookstore with a niche product market of assessment books and textbooks, Popular Bookstore is able to benefit from this trend of increased spending in education. With the relatively high inflation rates, especially in Singapore and Hong Kong, consumers are becoming more value conscious. Popular Bookstore has done well to cater to the demands of the consumers and projecting a ‘value for money’ image, by offering membership cards and promotions on their items on a regular basis. One of such promotions is the back-to-school promotion, allowing students and their parents to purchase stationery and books at discounted prices. 7. 4 Technological Forces The increasing connectivity of the Internet island wide (e. g. 4G mobile network and OpenNet in Singapore) has led to more online consumers. The size of the online shopping market is large, reaching S$1. 1 billion in 2010, and is expected to reach S$4. 4 billion in 2015. (Techinasia, 2011). This could possibly mean that customers who usually purchase from brick-and-mortar shops like Popular would now shop at online bookstores such as Amazon or Barnes & Noble. While Popular does have an online bookstore, it is not well-known or often-used. Thus, the presence of well-established international online bookstores become a substitute to Popular Bookstores. Also, the affordability of e-books can pose a threat to Popular’s sales of hardcopy books. The price of Kindle Fire, an e-book reader manufactured by Amazon, dropped to US$159, making it more affordable for consumers. Amazon uses the pricing strategy of loss leader, which involves setting the price of Kindle Fire at cost price, and making significant profit from the sale of e-books. Therefore, e-books have now become a substitute of hard-copy books, such as those sold by Popular. 7. 5 Legal Forces The introduction of the Lemon Law in Singapore in September 2012 could affect Popular Bookstores. With the lemon law, consumers can ask for an exchange or even a full refund if goods â€Å"do not meet standards of quality and performance. † (CASE, 2012). This could mean decreased earnings for Popular Bookstore if consumers keep returning to the bookstores to exchange their purchased goods. Without proper enforcement or monitoring, the Lemon Law could even be abused by consumers who repeatedly demand for an exchange or refund, leading to a loss of efficiency and profits. However, Popular is unlikely to be threatened by the Lemon Law, as it already has an exchange policy in place, where it allows its customers to exchange faulty products within 7 days of purchase. 7. 6 Impact of Macro-Environment Forces on Popular Bookstores Popular Bookstore still remains a strong name in the book industry. The fact that it has the majority of the market share in Singapore and that the company’s PBT has been steadily increasing proves that the company has been staying competitive despite the huge number of macroenvironment factors it faces. 8. Market, Industry and Competitive Analysis for Book Buyers in Singapore Our selected market is the market of book buyers in Singapore. These include customers who buy books from both physical bookstores and online bookstores. 8. 1 Market Size The market for book-buyers is that of an oligopoly, with few incumbent firms. Hardcopy book format is still a multi-million dollar industry in Singapore going strong in the face of stiff competition from online book stores. The total market size of brick-and-mortar stores is worth around $165million. In 2011, Popular Bookstores hold about 62. 5% of the total market share, with Kinokuniya (25%) and Times Bookstores (12. 5%) as Popular’s main competitors. 8. 2 Market Trends. Popular Bookstores is still experiencing a growing trend as its value sales grew from $4,106 million in 2006 to $5,107 million in 2011. This may be due to the growing affluence of the Singaporean population, resulting in higher demand for books for both leisure reading and education. However, this trend might not continue in the future. This is in light of stiff competition faced from e-books and online stores such as Amazon, Book Depository. Fortunately, Bookstores like Borders and Page One have all exited the Singapore market and thus there is less competition from these large, well-established firms with Popular Bookstores. 8. 3 Industry SWOT Analysis for Book Buyers in Singapore | |Positive Effect |Negative Effect | |Interna|Strengths |Weaknesses | |l |Popular has a widespread chain of stores throughout Singapore, |Low variety of books as compared to other bookstores such as | |Factors|especially in the heartlands. This makes it very accessible and |Kinokuniya | | |convenient for the customers. |Lack of awareness of its online bookstore | | |Wide range of textbooks and stationery with very strong monopoly power |â€Å"Limited choice† of books on its online bookstore (e.g. Twilight, | | |over assessment books and textbooks |Lord of the Rings, Animal Farm) | | | Existence of { prologue } and Epilogue ( a book cafe located in { |â€Å"Poor interface† (Survey, 2012) of online bookstore | | |prologue } ) to provide an alternative book-buying experience: ‘a novel|Absence of a proper feedback system on its online bookstore | | |brand of book retail therapy, distinctively designed to give a bespoke |Under-utilization of Facebook page resulting in inactivity and | | |multifaceted lifestyle experience’. |unresponsiveness | | |{ prologue } was awarded the Premium Service GEM Award for the Books | | | |and Stationery Category by the Singapore Retailers Association in | | | |recognition of POPULAR’s effort in delivering excellent customer | | | |service. (Chairman’s Statement, Annual Report 2012) | | |Externa|Opportunities |Threats | |l | Growing incomes of book-buyers lead to greater demand for books for  |Local brick-and-mortar competitors such as Kinokuniya are trying | |Factors|leisure and education |to improve their presence by setting up a fourth store in Jurong | | |Many of the target audience are tech-savvy but have yet to purchase |East MRT (JEM) to reach out to more customers. | | |e-book readers such as Kindle or Nook |Due to technological advancement, the Popularity and accessibility| | |Well-established firms like Borders and Page One have previously left |of online bookstores (Amazon, Barnes & Noble, Book Depository) and| | |the Singapore market, reducing the amount of competition |e-books is decreasing the demand for hardcopy books at physical | | | |stores | | 8.  4 Detailed Industry Analysis of Bookstores | | |Physical Stores |Online Stores | | |Kinokuniya |Second-hand Bookstores |Amazon/Barnes & Noble |Book Depository | |Description |Kinokuniya bookstores are located in central city |Various second-hand bookstores in Singapore |Both Amazon and Barnes & Noble are American online retail |Book Depository is a UK-based | | |locations, with its flagship store located at Ngee Ann |sell many classic and contemporary titles at |giants specialized in selling books in both hardcopy and |independent online bookstore | | |City. Kinokuniya offers a wide range of titles and also a |extremely cheap prices. |e-book formats. They are grouped discussed together in this |which sells mainly hardcopy | | |cafe within its store. |There are many second-hand bookstores in Bras|table due to their similar characteristics. |formats. | | | |Basah Complex. (Eg. Evernew Bookstore, Pro | | | | | |Saint Bookstore, Book Point, Knowledge Book | | | | | |Centre) | | | |Strengths |Offers a wide selection of titles in various languages | Extremely cheap prices will attract |They own an ecosystem of their own through their Kindle and |Provides free shipping services, | | |including English, Chinese, Japanese, French, and German |consumers looking for a good read. |Nook tablet products that allow readers to buy e-books and |which allows prices of books to | | |Successfully marketed itself as a premium bookstore in |Good for casual reading, if the reader is not|download it to their tablet reader immediately. |remain cheap | | |Singapore with majority of its stores in the city area. |looking for a particular title |Online stores result in decreased operational fixed costs such|Occasional discounts of up to 90%| | |Niche market focus on casual book readers | |as rental charges and staffing costs compared to |makes books very cheap | | | Premium membership strategy i.e. More expensive membership| |brick-and-mortar stores. Therefore, they are able to sell | | | |card ($21) offering limited discounts to entice consumers | |both e-books and hardcopy formats at a discounted rate. | | | |to purchase more titles to get back their money’s worth. | |Extremely wide collection of titles. | | | | | |It is easy to search for titles because the search process is | | | | | |automated. | | |Weaknesses |Books are priced higher than its competitors due to its |Limited range of titles, especially newer |Penetration of their respective ecosystems are not widespread |It is relatively unknown to the | | |premium branding and higher rental costs in the city |titles, consumers looking for specific books |in Asia |crowd in Singapore. | | |Limited market penetration due to its limited number of |may not be able to find what they want. |Shipping costs and waiting time negates the benefits of online| | | |stores. | |shopping as price of shipping from America is usually high. | | | | | |Asian titles are not as diverse / rich as they are | | | | | |America-based. | | 8. 5 Competitive Analysis –Using Porter’s Five Forces 8. 5. 1 Threat of New Entrants The threat of new entrants in the physical bookstore industry is relatively low because there are low barriers to entry. This is due to strong customer loyalty to established players like Popular and Kinokuniya dominating the market, high sunk costs and economies of scale setting in late. Also, the book industry is also deemed as a â€Å"sunset industry†, which is less attractive to firms as this is associated with low profitability, so firms are less likely to enter the market. However, these low barriers to entry only apply to the industry of physical bookstores. Popular still faces a different kind of competition from online bookstores, which are close competitors with physical bookstores. 8. 5. 2 Degree of Substitutes There is a high degree of substitutability. In terms of physical bookstores, book buyers in Singapore have many alternatives to turn to – such as big industry players like Kinokuniya and Times and second-hand stores at Bras Basah Complex. Kinokuniya and Times are strong competitors because they offer a greater variety of books from different countries, and have marketed themselves as premium bookstores due to their location in the city area. Second-hand bookstores at Bras Basah Complex (Eg. Evernew Bookstore, Pro Saint Bookstore, Book Point, Knowledge Book Centre) are also a threat because they offer very cheap books. Besides physical stores, online bookstores like Amazon, Barnes & Noble and Book Depository are dominating the book-buying market in Singapore. These online bookstores offer a quick and easy way to purchase books without being physically at the store, and the benefit of having purchases delivered to customers’ doorsteps. E-businesses can also offer more competitively-priced books than Popular because there is no need to pay for rental, which takes up a huge proportion of fixed cost. For example, Amazon sells a book titled â€Å"Act of Valour† at $9. 99, whereas Popular sells the same book at $17. 00. Furthermore, with an increased access to fast and free internet services such as those offered by Wireless@SG, and the availability of safe and convenient electronic payment, e-businesses are becoming closer substitutes to physical bookstores than ever before. 8. 5. 3 Bargaining Power of Buyers The bargaining powers of buyers are relatively low in terms of physical book stores. They have little access to information such as the prices of books, because physical bookstores do not openly publish their prices online, except when there are promotions. Also, most bookstores located in a certain region would sell books at similar prices, so customers who are unwilling to travel would have a low tendency to switch to other physical bookstores if the switching cost exceeds the savings gained from only slightly cheaper books. However, the increased popularity of online bookstores is likely to increase the bargaining power of buyers. Buyers become less dependent on existing channels (ie. Physical bookstores) and can now switch to purchasing books online instead. 8. 5. 4 Bargaining Power of Suppliers There is low bargaining power of suppliers. In terms of the book-buying market, Popular Bookstores’ suppliers are mainly publishing firms. Because there are many suppliers in the market that engage in publishing work, there is a low supplier to firm ratio. This means that Popular Bookstore can switch suppliers easily. Furthermore, there is low switching costs for Popular because they can easily turn to their own subsidiaries such as Novum Organum Publishing House Pte Ltd and Educational Publishing House Pte Ltd. Also, there is low supplier competition because it is hard for suppliers to vertically integrate and sell the products to buyers directly. Therefore, suppliers have a low bargaining power, which strengthens Popular’s position and authority. 8. 5. 5 Degree of Market Rivalry Amongst Existing Competitors There is a strong intensity of market rivalry amongst existing competitors like Times, Kinokuniya, and second-hand bookstores. This is because there is a lot of room for differentiation in terms of the four elements in the marketing mix. Product differentiation can come in the form of the variety of books, in terms of the subject matter and country of origin. Price differentiation can also be present as some bookstores have higher priced books due to their well-known brand name or location. Place differentiation can be in terms of the store environment and store location, while promotion differentiation can be in terms of level of advertising, frequency of discounts, customer access to publicity materials and staff service standards. Therefore, bookstores face much competition amongst themselves because there are so many ways that they can differentiate themselves in providing the optimal book-buying experience for book-buyers in Singapore. 9. Customer Analysis and Segmentation for Book Buyers in Singapore 9. 1 Customer Profile: Book Buyers in Singapore The selected market of focus for Popular is book buyers in Singapore. Potential book buyers are any literate customers in the country, from 6 years-old onwards (Stuart, 2010). This customer base is continuously growing, albeit at a slow rate due to the low fertility rate in Singapore (Wong, 2012). Majority of Singaporeans are literate (Department of Statistics Singapore, 2012) as they have basic primary education which is mandatory for all citizens (Ministry of Education Singapore, 2011). In addition, an influx of foreign talents from other countries to support Singapore’s infrastructure and economy (Yeoh & Lin, 2012) also increases the number of book buyers in Singapore. The incomes of book buyers can be inferred from the Singapore Department of Statistics. The average monthly household from work including employer CPF contributions among resident employed households in 2011 was S$9,618, while the average monthly household income from work per household member including employer’s CPF contributions among resident employed households was S$2,925. These incomes have a generally increasing trend from past years, and were the highest in 2011, reflecting the increasing affluence of book buyers. Because books are normal goods, an increasing income of customers would increase the demand for books. However, since the selected market of focus is solely referring to individuals, businesses or organizations are not included and revenues are not considered. To develop an effective marketing strategy, it is essential to understand the targeted customer base and its segments. Comprehensive profiles of a company’s target customers are often required, and this is done by expending resources to segment these target customers. Book buyers can be segmented according to demographic and psychographic factors. 9. 2 Demographic Segmentation Popular segments its market by key variables such as gender, age, education, race, nationality and the family life cycle. For the identification variable of gender, books relating to beauty and the domestic sphere such as recipe books cater more to women, while the genre of sports and cars appeal more to men. In terms of age, segmentation is characterized by one’s life cycle, as exemplified by pre-school books, children books, teenage fiction and magazines, adult fiction and self-help books, etc. The company’s philosophy of knowledge and education (Chua, 2010) has been manifested in the common sentiment that Popular’s niche is in assessment books and textbooks (Survey, 2012) and is a large portion of the customer base of book buyers. This demonstrates how the market is segmented by education, as books are tailored to the needs of students in each stage of education – primary, secondary and tertiary, and also for students in different disciplines – business, finance, management, etc. The market is also segmented by race, as there are books in different languages such as English, Chinese, Malay and Tamil. The variety of books in the Singapore & South East Asia and Asian Collections also show that the market is simultaneously segmented by nationality as well. Finally, the family life cycle is also an important variable as Popular’s books cater to the needs of different families at different parts of the cycle, providing books on sports and leisure for families without children, and books on parenting and health for families with children, etc. 9. 3 Psychographic Segmentation The identification variables of personality, lifestyle and social class also come into play for the selected market of book buyers. Based on the variety of genres provided by Popular such as fiction, classics and literature, comics and humour, astrology and new age and self-improvement, it can be seen that Popular designs its catalogue to appeal to different people with distinct personalities. Likewise, in the culturally diverse Singapore with an inherent cosmopolitan lifestyle, Popular recognizes the importance of suiting the needs of various individuals by offering a selection of books for every lifestyle, such as books on cooking or food and wine, outdoors and nature, photography, travel, etc. The different social classes have also led  to Popular’s expansion in the market, as illustrated by the novel brand of book retail therapy seen in { prologue } (Popular Holdings Limited, 2009) to cater to the higher-income class, which has an â€Å"upscale identity† that is â€Å"quite different from the family-oriented, fluorescent-lit heartlander look and feel that Popular bookstores have come to embody† (Lui, 2009). 10. Marketing Objectives Popular’s main objective is to establish a strong regional presence by becoming a Central Clearing House for both English and Chinese books in the Asia Pacific Region (Popular’s Strategic Vision 2012). As such, their marketing objective is to offer a wide variety of books with relevant, unique, and good quality content at value-for-money prices. (Popular’s Strategic Vision, 2012). Next, Popular aims to differentiate itself from both brick-and-mortar bookstores and online bookstores which both serve the same book-buying market. This is especially important because Popular is in an oligopolistic market and faces strong competition. These brick-and-mortar bookstores include the well-established Kinokuniya, Times and Big Bookshop, and second-handbook stores, while online bookstores include Amazon and Barnes & Noble. Thus, Popular’s marketing objective is to capture a larger market share through differentiation. Lastly, in terms of the variety of books, Popular aims to be the largest and most innovative publisher of bilingual books (Popular’s Strategic Vision, 2012). It attracts publishers like Seashore Publishing (M) Sdn. Bhd. to Singapore, which dominates the market for bilingual cookbook and general-interest Mandarin books. Through its books, Popular also intends to promote the Chinese language, heritage and culture. For instance, Popular organised the National Chinese Creative Reading Competition during the BookFest@Singapore 2011 to ‘make students more aware [of] and stimulate their interest in Chinese culture and heritage through creative reading’ (Chairman’s Statement, Annual Report 2012) 11. Marketing Strategy / Mix 11. 1 Branding and positioning Popular portrays an image that it is a one-stop station where consumers are able to find whatever they need. This image is especially relevant since Popular’s main target group is the masses who usually read best-selling books written by well-known authors. To capture a larger consumer market and establish a strong regional presence, Popular has also ventured into overseas markets such as Malaysia, Mainland China, Taiwan and Hong Kong. 11. 2 Price Popular has adopted different pricing strategies for Popular and Prologue. Prologue has adopted a premium price position for their products. This strategy of prestige pricing is appropriate as Prologue is targeted at the higher end consumers who would be willing to pay higher prices. On the other hand, Popular has adopted mainstream price position for their products. The products offered by Popular is at a rather affordable price since it is mainly targeting the majority of the population. Furthermore, Popular offers products at competitive prices compared to other bookstores. With its membership card, Popular offers further discounts on the prices of its products and this further enhances its competitiveness in the industry. In addition, Popular’s membership card can be acquired at a low cost (e. g. $20 for 3-year membership for students), as compared to other bookstores, such as Kinokuniya ($55. 60 for 3-year membership). 11. 3 Product  Popular believes that in order to stay relevant with changing consumers’ taste and preferences, they should continue to innovate by selling new products. Hence, in 2009, Popular opened ‘UrbanWrite’ and ‘{ prologue }’. UrbanWrite, â€Å"a lifestyle stationery concept store that goes beyond the basics†, offer slightly different products such as scrap book materials, stationaries that are not available at Popular Bookstore. With new concept stores under Popular, such as { prologue } and UrbanWrite, it is pertinent to ensure that Popular does not lose its identity as a one-stop station to avoid confusion amongst its consumers.      

Principles of Advertising Study Guide

* Advertising Business – Either using an agency or have your own advertising department/advertise on your own. Government – is a regulatory body, create laws to regulate advertising, things you can advertise and things you cant advertise Cigarete Comercials on TV Lobby – Corp trying to lobby gov. to change for the good, two forces, that think gov, is a positive thing and thinks its good for them to regulate everything and keep things in order. others who think the gov. needs to be smaller, and that they should not have as much control. Society – the culture that your brought up in, tradition, morals and values of the people.Business Finance – the amount of money involved in advertising to promote your product. Marketing – Finding a need that the people want, and filling that need. Advertising – Non personal (to everyone whose watching, not just to one person), Always paid for, communication of info about the companies product, service or idea through the various medias (Television, Radio, Magazines, Internet) Public Relations – figuring out what the people want. Publicity – exactly like advertising but free Personal Selling – what you selling is relatively expensive, and exclusive. Trade shows – where companies get to meet perspective corp. uyers, they can buy a lot of stuff on behalf of their company. Promotions – any inducement or excitement to get you excited about the companies product. (giving out free t-shirts) Operations – whatever the company does Types of markets advertising goes after Consumer Market – things you might see on tv or hear on the radio Business/Profesional Market Government – Trying to sell things to the government, and Profesional – advertising for accounting software, and things that your generally not going to read for pleasure, but there going to be ways to improve your business.Bar Magazines, no one is going to buy the stu ff in that magazine, but owners of restraunts are going to buy it. Business – trying to get your beer on the first shelf, and dealing with the grocery store , or liquor store Integrated Marketing system – Customers hear from a various amount of different markets. (Flagler College business Cards) The consistency so everyone knows what a companies about, and what their image, logo, and slogan is.All state – Have their lil slogan on anything they hand out, â€Å"The Good Hands People†, and have their logo on most things, and have their color that they always use, so it will last in peoples memories and they associate everything their company with it. Art to creating proper advertising to get their message out properly. Theres going to be a persona (Spokesperson), a Medium (Getting the message out with a catchy phrase or something) , and the way people will receive it. Spokesperson – Someone that speaks on behalf of a company. hey can be a person (like William Shatner for priceline) but they can also be a persona (like Ronald Mc’Donald), pretty much any person that’s getting the companies message out. They should be catchy, and will use catchy phrases (subway foot-long song, or I want my Baby Back Ribs) You need that artistic eye, certain color combos can make all the difference and mean completely different things. A lot of times they will advertise things as being bigger, and sounding better than they are. A lot of companies will take out some of the product, Bags of potato chips, making a beer only 11. 5 ounces rather than 12. out of 5 dentist recommend it ( that’s not a lot of dentist out of the millions that exist) Price Economic Argument – Argument that competition Exclusive Distributions – you need to buy the right to sell a certain product in that area. Advertising perpetuating stereotypes – advertising can sometimes bring out stereotypes for certain people. They have women in the kitchen in commercials, and men always doing the work. Ad agencies need to regulate themselves, they actually meet every year to figure out what they can do, and what they can’t do. FTC – Federal trade commission deal with any company that does trade with more than one state.If there is not trading involved in more than one state than it is generally just regulated by the states capital The FTC will tell people to not air something, and make sure that nothing offensive is on the air. If you don’t sign the consent to agree then you have make another commercial correcting your mistake, and putting out a new ad with the correction on your expense. (corrective advertising) Puffery – is exaggeration, and that is something you can do. * self actualization – becoming the top , ceo, of a company, you’ve proven to the world that your at the top, and are very successful. Generally these people will buy the expensive cars, boats, jets, watches, and ec t. * Assumption Factor – Never assume you know what your target is, or what they want. * Task Utility – product or service that does something for you, makes doing a task easier. * Premade food * Form utility – when a manufacturer puts together hundreds of pieces that you would not want to do. * A computer being built for you, a chair, ect. * Time Utility – product or service available when you want it. * Can’t buy a Harley Davidson right away, going to be at least a few months to get one. * Where utility – the product is available where you want.This includes being delivered to your house. * â€Å"Perception is the reality† – if you perceive a product to be better, than it is. * * Ch. 1 Advertising Today Advertising lets customer aware of a product, comprehend what its used for, and see how it is different from its competition. Info will help create a conviction, that this product is better. It will then give the customer a de sire to buy from this retailer, and help them take the action to buy a product. Integrated Marketing Communications (IMC) – when consumers receive consistent and positive messages about a brand.Marketing Communications – Tools that companies and organizations use to initate and maintain contact with their customer, clients, and prospects. Advertising – is the structured and composed nonpersonal communication of information, usually paid for and usually persuasive in nature, about products by identified sponsors through various media. A type of communication, structured, and composed Directed to groups of people, not individuals so its nonpersonal Most is paid for by sponsors Public service messages – carried at no charge because of their nonprofit status. Product – encompasses goods, services, and ideas.Medium – the channel of communication advertising reaches us through. Word of mouth (WOM) – when you tell somebody how much you like a product. Becoming more popular thanks to twitter and facebook. Mass Media – the traditional way of advertising. Addressable media – direct mail. Interactive media – the internet Nontradional media – shopping carts, blimps, and dvds. * Two types of dimensions in advertising * Communication dimension – how advertising is actually a form of structured, literary communication. Marketing dimension – explains the important role advertising plays in business.Economic dimension – shows how and why advertising evolved as it did. Social and ethical dimension – considers the impact of advertising on consumers, businesses and society. * Source Dimension Sponsor – the company advertising a product or idea, legally responsible for the communication and has a message to communicate to actual consumers. Author – the sponsors ad agency, a creative team at an ad agency. Persona – real or imaginary spokesperson who lends so me voice or tone to the ad. * Message dimension Autobiographical – tell a story about myself to you the imaginary audience.Narrative messages – a third-person persona tells a story about others to an imagined audience. Drama message – the characters act out events directly in front on an imagined epmpathetic audience. * Reciever Dimensions Implied consumers – Adressed by the ad’s persona, imagined by the ad’s creators to be the ideal consumers who accept uncritically the arguments made by the ad. Sponsorial consumer- the gatekeepers who decide if the ad will run or not, group of decision makers at the sponsors organization. Actual Consumer – people in the real world who make up the ad’s target audience.They will actually get to see and hear the ad . * Feedback – completes the cycle, verifying that the message was received. * Every business has three broad functional division – Operations, Finance, and Marketing. * Marketing – the process of planning and executing the conception, pricing, distribution, and promotion of ideas, goods, and services to create exchanges that atisfy the perceived needs, wants, and objectives of individuals and organizations. Consumer advertising – most advertising falls under this category. Retail advertising – advertising sponsored by retail stores and businesses. PSA (Public Service Announcements) –Industrial / Business Markets Business to business – rarely seen by the actually consumer, because they will generally specialize in one department. Kitchen Magazines for restraunts. Trade Advertising – Wholesalers, retailers, and dealers. Generally a product is sold to these companies so they can get rid of a mass quanity at one time. Professional advertising – advertising aimed at teachers, accountants, doctors, engineers, ect. Used to convince professionals to recommend or prescribe a specific product or service, to b uy brands of equipment and supplies for use in their work, or to use the product personally.Agricultural advertising – to promote products and services used in agriculture to farmers and other employed in agribusiness. Price strategies – Image advertising – creates a perception of a company or a personality for a brand, is rarely explicit about price. Almost never mention price, but always say how cool it is to have their product. Sale advertising – used most often by retailers, dealers, and shops to call attention to a recent drop in the price of a brand or service. Place : Global, international, national, regional, and local.Promotion Personal selling – face to face interaction or telemarketing. Usually high priced items like cars or real estate. Product advertising – service and goods Nonproduct advertising – sells ideas Noncommercial advertising – seeks donations, volunteers, or changes in consumer behavior. Awareness adver tising – wants to create an image for a product and position it competitively with the goal of getting readers or viewrers more aware of their product. Action advertising (Direct-response) – toll free number for immediate information.Sales promotion – coupons, free samples, contests, or rebates on the purchase price. Public Relations – Collateral materials – brocures, catalogs, posters, sales kits, instruction booklet, ect. Art Director – responsible for visuals Creative Director – responsible for all creative departments Typically comes from the copy side * Graphic designer – works on the visuals * Rainmaker – acountive executive, they pitch what advertising agency can do * Copy-writer – responsible for the slogan, and words * Resignance – you get what the ad is trying to get through, or say to you. Relevant – good ads should all be relevant, has some type of reason. * What good advertising should d o : Inform – where is product, how much does it cost, what is it, Persuasion – should give you reasons to try product or service Reminding – have to continue to let you know that they are still there. Objective statement – what ad is trying to accomplish, are you solving a problem, something that makes life easier Supportive Statement – what can you put in there to support what you are saying Getting a spokesperson, athlete to go in there to back up the product.Primary demand – demand for the entire product class Selective demand – demand for a particular brand. Abundance principle – states that in an economy that produces more goods and services than can be consumed, advertising serves two important purposes. Keeps consumers informed of their alternatives (Complete information) It allows companies to compete more effectively for consumer dollars (Self-Interest) * Why people are against advertising Short term manipulative argum ents – saying advertising is deceptive or manipulative.Puffery – exaggerated, subjective claims that can’t be proven true or false, such as â€Å"the best†, or â€Å"the only way to fly†. Non-product facts – aimed not at the product but the consumer, and does not really give any information about the actual product. Such as â€Å"Pepsi. The choice of a new generation†. Social or enviormental impact of advertising – long-term macro arguments. Manipulates us into buying things we don’t need. Replacing our citizen democracy with a selfish consumer democracy.Only 17 percent of consumers view advertising as a source of information to help them decide what to buy. Too much advertising. * Ethical – means doing what is morally right in a given situation. * Social responsibility – doing what society views as the best for the welfare of people in general or for a specific community of people. * CARU (Childrens Advert ising Review Unit – promotes responsible children’s advertising and to respond to public concerns, self regulatory guidelines for childrens advertising. * Fair information practice principlesNotice – requires website to clearly post its privacy policy Choice – consumers level of control over being profiled and how their information is used Access – ability for consumer to access information collected about them and make amendments to it. Security – requires advitisers to protect the data they have colleceted Enforcement – requires all industry members subject themselves to third party monitoring by independent company. FTC – major regulator of advertising for products sold in interstate commerce.Substantiation – supporting data and scientific studies to their products purpose Endorsements – the person promoting the product can’t be misleading, he has to actually use that product himself. Affirmative disclos ure – gives health warnings Remedies for unfair advertising Consent decree – document the advertiser signs agreeing to stop the objectionable advertising Cease and desist order – when consent decree wont be signed ftc may prohibit further use of the ad. Corrective decree – explains how their ad was wrong before and corrects the misleading mistake.FCC – responsible for protecting the public interest and encouraging competition. Four distinct groups in advertising Advertisers – companies that sponsor advertising for themselves and their products. Advertising agencies – helps the advertisers plan, create, and prepare ad campaigns and other promotional materials. Suppliers – assist both advertisers and agencies in preparing advertising materials. Media – sell time and space to carry the advertisers message to the target audience.Local advertising – targeting customers in their geographic area. Sometimes called retail advertising because retail stores account for so much of it. Dealers or local franchisees of national companies. Stores sell a variety of items. (grocery, department stores, convience) Speciality businesses and services (Banks, restaurants) Governmental, and nonprofit organizations. Product advertising – promotes a specific product or service Regular price-line advertising – informs consumers about services or merchandise offered at regular prices.Accounting firms might use regualar price-line Sales advertising – placing items on sale and offering deals Clearance advertising – making room for a new product line getting rid of the old stuff at a low price Institutional advertising – create a favorable long-term perception of the business as a whole, not just of a particular product or service. â€Å"Im loving campagn†. More of an idea Classified advertising – locate and recruit new empoyees, offer services, sell or lease merchandise.In tegrated marketing communications – (IMC) joining together in a consistent manner everything that communicates with customers. Co-op advertising – build the manufacturers brand image and to help its distributors, dealers, or retailers make more sales. Newspapers – want to advertise in newspaper because a lot of people, different sections for different types of ads, and can also be local. Disadvantage – poor production, no high quality animation and mostly black and white. Ad is normally short termed, because new paper comes out everyday.

Short Essays Essay Example | Topics and Well Written Essays - 750 words

Short Essays - Essay Example Realising this, activists and several organizations publicised various messages attracting people to places like the Tahrir square. Social media played a role in shaping opinions, empowerment, influencing change and mobilization of people. Undeniably, a flurry of tweets and Facebook posts spiked to force downfall of President Mubarak. In essence, social media helped sway public attitude and reaction. Facebook acted as a place to vent out the hatred and outrage for the long-term oppression and economic instability. The government effort to end different social media sites backfired resulting into even more protests. The press and newcomers got wind of the antagonism bringing into light more foot soldiers. More people became active and attempted to find out more information about the protests. Activists used particular events to attract attention from different people. For example, the death of Khaled Said who had been brutally beaten by police became a focal point of protesters. Over 500,000 people viewed his YouTube video while 470,000 joined a Facebook page formulated on the same (Patrut & Patrut, 2014). From this perspective, social media promoted shared values and interests hence prompting protests. The Darwinian style of development believes in the survival for special populations as depicted in Weimar republic. Arguably, the Weimar government comprised of people with different interests. In as much as several reasons can support their actions, apparently each party strived to maintain its comfort. Notably, the right and left wing of the Weimar Government pressured the leaders promoting many problems such as hyperinflation. Many conditions made Darwinian theory evident in the Weimar leadership style. For example, noble families found it difficult to be ruled by army leaders who were from the lower class. On the other hand, army leaders also had different views regarding Weimar government including

Education 12 Essay Example | Topics and Well Written Essays - 500 words

Education 12 - Essay Example The parent should also make the effort of establishing the child’s behavior in school by talking to the teachers and other school staff. They should also attend meetings and follow up on their children’s academic performance. The parent should also attend any parent-teacher conferences organized. The teachers and parents have to discuss together the student’s grades in class, his or her behavior as well as other accomplishments (Bennett, Finn & Cribb, 2000). According to the article Playing Their Parts: Parents and Teachers Talk About Parental Involvements in Public Schools, parents should follow up with their children especially when they realize that the children are having trouble with their academics. Parents should also make sure that their children are doing home-works and other assignments given to them. For any improvement to be realized on the child, the parent must take part. Some parents don’t prepare their children well for school and neither do they teach them basic manners and etiquette. Probably parents need to have knowledge on how to treat their school-going children. They should be taught on the basic routines that will keep them informed about their children’s progress in school and their academic performance. Parents should also learn how to establish whether their children are probably having trouble in school and be able to talk them through it or offer any necessary support. Most of the time, parents tend let children under the guidance of their teachers without making any follow up (Bennett, Finn & Cribb, 2000). Mrs. Youngsmith is my most memorable teacher. After moving from California to Florida, she made sure that I adjust well in this new environment without much trouble. She made this period a great learning experience for me. She was an effective caregiver because she would stay before and after school and help me with homework, tutorials and class

Create a Balanced Scorecard and Strategy Map for the company (TESCO) Essay - 1

Create a Balanced Scorecard and Strategy Map for the company (TESCO) - Essay Example Strategy map has been prepared on the basis of analysis done while preparing the balance scorecard. The strategy map is drawn in order to show how strategic objectives identified through balance scorecard and KPIs will work together in helping Tesco Plc achieve its business objectives. In the final part, on the basis of analysis done in the report, suitable recommendations are given to enable Tesco to improve business performance in a comprehensive manner. For last 20 years, interest in performance measurement and management (PMM) has increased among scholars and companies at an exponential rate (Valmohammadi and Servati, 2011). In such context, Kaplan and Norton (1996) proposed the concept of Balance Scorecard (BSC) in order to formulate a performance management framework, which can measure performance of all important business activities. Haapasalo, Ingalsuo and Lenkkeri (2006) stated that companies use the balance scorecard in order to formulate strategy map, which in turn provides direction to strategic initiatives. It is evident from the theoretical argument that companies use balance scorecard and strategic map as composite unit in order to control performance outcome and shape business strategies. In similar context, balanced scorecard and strategy map can be applied to Tesco in order to understand dimensions of their business strategies. Before going further into the main discussion, the study will discuss business operations of Tesco Plc so as to develop a functional background. Tesco Plc is a renowned British multinational general merchandise and grocery retailer, which has established more than 6000 retail stores across the globe (Tesco Plc, 2014). In UK, Tesco Plc is regarded as the largest retail chain, while worth of the brand is above  £2.6 billion (Tesco Plc, 2014). The company was established in 1919 and is headquartered at Cheshunt, Hertfordshire, England (Tesco Plc,

Assignment 5 Example | Topics and Well Written Essays - 500 words

5 - Assignment Example stomers with purchasing convenience and seamless access to the company’s portfolio is the main evidence of customer intimacy and support that FedEx offers to its customers. In addition, each of the FedEx\u2019s business segments has independent operations and strategies that enhance anticipation and customer support. In addition, FedEx has a supportive website (fedex.com) that demonstrates its product leadership. 2. What are FedEx’s four main business segments? Provide two examples of traceable fixed costs for each of FedEx’s four business segments. Provide two examples of common costs that are not traceable to the four business segments. FedEx Express, FedEx Ground, FedEx Freight and FedEx Kinko\u2019s are the main business segments of the company (FedEx Form 10-K 2005, p. 3). On the other hand, the cost of maintaining the Memphis international airport facility and purchase of 557 airliners are examples of traceable cost for FedEx Express. Traceable costs for FedEx Ground includes cost of maintaining information and data centers located in Pittsburgh (FedEx Form 10-K 2005, p. 25) in addition the business segment caters for Daniel Sullivan’s (CEO) salary. Finally, traceable costs for FedEx Freight’s include cost of owning and maintaining 39,500 vehicles and trailers and their customs-critical headquarters at Ohio. A common example of not traceable to the four business segments would be PGA golf tournaments sponsored by the company. 6. Assume that the senior managers of FedEx Express and FedEx Ground each have an investment opportunity that would require $20 million of additional operating assets and that would increase operating income by $4 million. If FedEx evaluates all of its senior managers using ROI, would the managers of both segments pursue the investment opportunity? If FedEx evaluates all of its senior managers using residual income, would the managers of both segments pursue the investment opportunity? 4,000,000) = 1. From the previous

The Role of Women in Politics and Power Creation Assignment

The Role of Women in Politics and Power Creation - Assignment Example Merely naming the pejorative stereotypes attributed to Black women (e.g. mammy, the matriarch, Sapphire, whore, bull dagger), let alone cataloging the cruel, often murderous, treatment we receive, Indicates how little value has been placed upon our lives during four centuries of bondage in the Western hemisphere. We realize that the only people who care enough about us to work consistently for our liberation are us. Our politics evolve from a healthy love for ourselves, our sisters, and our community, which allows us to continue our struggle and work. This focusing upon our own oppression is embodied in the concept of identity politics. We believe that the most profound and potentially most radical politics come directly out of our own identity, as opposed to working to end somebody else's oppression. In the case of Black women, this is a particularly repugnant, dangerous, threatening, and therefore revolutionary concept because it is obvious from looking at all the political movemen ts that have preceded us that anyone is more worthy of liberation than ourselves. We reject pedestals, queenhood, and walking ten paces behind. To be recognized as human, levelly human, is enough... ( Williams, Mary, & Emerson 2008)

Criminal Justice System Essay Example | Topics and Well Written Essays - 500 words

Criminal Justice System - Essay Example One of the issues facing the justice system is the existence of a gap in terms of punishment to adolescent offenders, especially for extreme crimes such as murder. Scott and Steinberg argue that the adolescent cannot be punished as a juvenile delinquent as for this may be too lenient while punishing the adolescent as an adult maybe also be too harsh. The justice system is then faced with a difficult decision as both of these punishments is seems inappropriate. For example, in a recent case of Graham versus Florida, Graham, 16 years old was found to have violated his probation terms by committing other crime. In the hearing, the court found Graham culpable of the previous charges, revoked his probation and sentenced him to life imprisonment without an option of parole. In this case, the first ruling seems quite lenient in that the offender does not reform or cease to engage in criminal behavior but in fact seems to increase his engagement in crime. The second ruling of life imprisonme nt without parole seems to be too severe considering his was a non-homicidal crime and regarding his age, he would spend most of his life in prison. The fact that there is no national consensus on the punishment of criminal offenders between the ages of 14 and 18 years presents another challenge to the justice system in the US. For example, in the case of Roper versus Simmons, Simmons had planned and committed a murder at the age of seventeen. Such a violent crime cannot go unpunished. At the age of eighteen, he was sentenced to death which is the punishment for adults. Whilst the evidence presented was overwhelming, the fact that he committed the crime while he was still seventeen did influence the reduction of his sentence from a death penalty to life imprisonment.  

Comparison of The Speckled Band and Lamb to the Slaughter Essay Example for Free

Comparison of The Speckled Band and Lamb to the Slaughter Essay In this essay I will be comparing the two stories The Speckled Band by Sir Arthur Conan Doyle and Lamb to the Slaughter by Roald Dahl. The Speckled Band was written in 1892.This was in The Victorian Period when people had very little faith in the Police and Conan Doyle needed to create a Detective who always got everything right so that the public started to believe the Police could actually get it right. It was first published in a magazine called The Strand in weekly episodes so to a certain extent he needed to keep his readers interested as well which is why the plot is so complicated. The plot is about a woman called Helen Stoner who is going to get married, but someone or something murders her sister who also was supposed to get married. Helen Stoner goes to see Sherlock Holmes to see if he can help solve the crime. The plot is full of twists and red herrings that is up to the reader to try and solve as they go along but as always Sherlock Holmes works out the significance of everything and solves the crime. Lamb to the Slaughter was written in 1954by Roald Dahl. This story was also published in a magazine called Harpers but was written to be read in one go so it does not have the complicated layout of Conan Doyles story. Instead the reader knows exactly what is going on form the start of the story and the ending is shocking and designed to entertain and horrify. It was written by Dahl to show how women at the time were a lot more powerful than the men gave them credit for and should be respected more than being at home , pregnant. The plot is about a modern couple that seem to be falling out. Mary Maloney is the perfect 1950s housewife who makes dinner and cleans, but one day when her husband (Patrick Maloney) comes home from work they have an argument. Mary loses her temper with Patrick and hits him over the head with a leg of lamb and accidentally kills him. In a panic she phones the police and puts the leg of lamb in the oven to cook for dinner. When the police arrive she persuades them to eat the lamb because it would be a waste of food. In the end the police eat the evidence and Mary didnt get caught. Dahl uses comic irony at the end to engage the reader as Mary sits there laughing about what she has done; you dont imagine her to do this as a middle class housewife. The times that these stories are set in are both very different. Like travel, in The Speckled Band. They travel by horse and cart but in Lamb to the Slaughter trey use car or foot just like in the modern day. For communication the people in 1892 would have to write or go and see the person they wanted to talk to but in 1954 they would have used the telephone. Also in 1892 they did not have much electricity so they used candles instead of light, whereas in 1954 they had lots of electricity. In 1892 the women would have worn veils and long skirts but in 1954 they would have they would have worn jeans, t-shirt etc. in 1892 rich families would lived in large houses with servants but in the modern day most families are middle classed and do not have the money for servants etc. When there was an enquiry in 1892 the detectives would have had to use their own knowledge to solve crimes but in 1954 they would use fingerprints, evidence etc to solve the crimes. The language used in The Speckled Band was old fashioned and very formal like when Sherlock Holmes says Very sorry to knock you up Watson, said he, but its the common lot this morning. He also says things like Mrs Hudson has been knocked up, she reported upon me, and I on you. This isnt the kind of language we would use in the modern day and proves that it is set in 1892. However in Lamb to the Slaughter there was a lot of slang and it was not as formal. Like when Mary says Hullo darling. And Hullo Sam to the grocer. However the way she speaks to Sam the grocer proves it was set in the 1950s and not in any other time because we would not know the person in the corner shops first name today but it was common in the 1950s to be friendly with them. In The Speckled Band Sherlock Holmes is the main character. He is a famous detective and solves difficult cases. Conan Doyle invented him because people in the Victorian times were fed with the fact that the police could not solve any crimes and he wanted a character that always got everything right. However in Lamb to the Slaughter there were police who are good at solving cases but wouldnt be able to solve them without any evidence and they are very arrogant and treat Mary as a silly woman when in fact she is the person who has tricked them and been the murderer. Dahl does this to shock his readers and make it even more dramatic which Conan Doyle would not want to do because they needed to trust their detective! In The Speckled Band the killer was a snake that had been hypnotised by Helen Stoners stepfather, but all the way through the story he is a suspect and he acts suspiciously like when Helen goes to visit Sherlock Holmes to tell him what has been going on, shortly after she leaves her stepfather came in asking if she has been here. It seemed like he had something to hide, but in the end it had nothing to do with him. In Lamb to the Slaughter Mary seems like a nice, gentle woman who feels that she has to help out. Like when she says, Darling, shall I get your slippers? but after the police eat the evidence she laughs so I think he whole issue hade made her go a bit insane. At the beginning of the story you didnt expect it from her because she just seems like a normal, average wife like when it said about She took his coat and hung it in the closet. and when it said She was sat back again in her chair with the sewing. The scene seems too realistic for something bad to happen. In The Speckled Band the victim was Helen Stoners sister because there was nothing anyone could do to save her; this made the readers feel very sorry for her. The next victim was Helen Stoner and because nobody knew what killed her sister it seemed that she needed protection. I would expect someone like her to be the next victim because she is a woman who has done nothing wrong and is innocent. I dont think her or her sister deserved to be the victims because they are both just happy and normal people. In Lamb to the Slaughter you dont feel sorry for Patrick because he is being horrible to Mary and you feel automatically on her side from the beginning. I think he deserved to be upset but not killed because they are just having a falling out. The Speckled Band is set in Stoke Moran, which is Helens stepfather house. Sherlock Holmes is investigating the house. I think it is a good setting for a murder to take place and because its a very big house which makes it creepier for the reader because you dont know what is doing the killings. Lamb to the Slaughter is set in Mary Maloneys house. I think the way the author has described it makes it sound very realistic, like when he says, The room was warm and clean, the curtains drawn, the two table lamps alight. This makes the room sound cosy and like it really exists. You can really picture the scenery. I also think its a good setting for a murder because you can imagine it happening there. I think I would expect it because so many crimes in real life have been taken place in houses. Out of the two stories I preferred Lamb to the Slaughter because it is easier to understand and keeps you interested all the way though with the description it uses. I disliked the other story because the speaking parts dragged on to long and I did really just want to get on and find out what happens.

District Sales Manager Essay Example for Free

District Sales Manager Essay The principle error Maureen made was underestimating how significant company culture could impact decision-making at every responsibility level. Even though Quaker had strict functional reporting lines, the organization supported an informal culture based on friendliness and openness. Most importantly, Quaker’s ethos required a high degree of influence by persuasion and charisma—not formal authority. Secondly, the communication vehicle that Maureen chose to carry and deliver her proposed plan was ill suited for interconnecting the plan and expectations. Instead of going with the organization’s pattern of utilizing personal relationships, teamwork, and the openness to express opinions and feedback, Maureen sent a memo directly to the titanium extrusion sales representatives. In the memo, she simply gave a rationale for making the change. In response, a District Sales Manager (DSM) called Maureen to ask for a more detailed explanation for the change due to its arbitrary nature. Therefore, Maureen presented her findings to the DSMs in a yearly sales meeting in the presence of the VP of Marketing. †¢Lack of empowerment from authority: Although Maureen’s plan obtained approval from her boss, Hugh Salk, there was never a statement from the VP of Sales to his subordinates (district sales managers and sales representatives) supporting the proposal. As seen in Exhibit 2, Lawrence Israel, the VP of Sales has direct power over DSMs. †¢Company’s hiring practices: Maureen was hired at a managerial position because she had a very attractive professional background that made her a highly desirable candidate for her role. However, this was not in line with the company culture that encouraged internal promotions rather than external hiring at a managerial level (‘Typically, managers who joined Quaker from other steel or metal producers found the company a confusing and frustrating place in which to work. For this and this other reasons, most of Quaker’s managerial positions were filled from within’, p2). †¢Ã¢â‚¬Å"Responsibility lines† structure: Due to the company’s growth, many managers and at times whole divisions were responsible to other departments even though there was not a preset hierarchy that linked them. This situation complicated to a certain extent the relationship between the product management groups and the sales force as can be inferred from the fact that the titanium DSM in Chicago had to report to two bosses (p5). †¢Sales force’s lack of adaptation: Sales representatives were assigned to accounts based on experience and usually had tough time cracking big accounts. This was in part due to lack of backing from the technical support services and sometimes from the RD labs as the larger accounts were more technically complex. It was also because there were no additional economical benefits to work on bigger accounts, thus harder work was not compensated in any manner (‘The Chicago DSM explained that a modest cash bonus existed, but that he did not use it, believing it had little effect’, p6). Hence, the only motivation for the sales people was closing a successful deal and working directly with customers which was frequent with small accounts. †¢Lack of relationship and communication: Maureen spent so much time analyzing the sales time simulations; therefore, she did not spend enough time getting to know other team members on the field. These circumstances did not favor building â€Å"trust† with the sales personnel and this lack of participation within the decision-making process hindered effective results (‘In response to the memo, one of the titanium DSMs called her to say that he had received several complaints from his salespeople about its arbitrary nature’, p8).

European Perspective on Nanotechnology Patents

European Perspective on Nanotechnology Patents An Overview of Nanotechnology Patents: A European Perspective The future world will to a large extent consist of a knowledge based society. Intellectual property (IP) will play an important role in generating wealth and employment in that society. A general rule is that the more developed a country is the more stricter and secure for IP and strict to uphold the IPR. IP assets have become between 50 and 70 percent of the gross domestic products of a developed country.[1] In that sense it can be said that IP has become one of the most important assets of knowledge based economies.[2] Creativity is essential to economic growth.[3] It is feared that the development of new technologies and thereby the progress of societies will be halted without the presence of intellectual property rights (IPR). IPRs encourage the development of new technologies. IPRs aim at creating a harmonious relationship among investors, inventors and consumers. Patent rights are one of the important branches of IPR. The ultimate goal of patent rights is to promote invention a nd encourage further development of that invention for the benefit of society. Before going into an in-depth discussion on nanotechnology patents, it will be wise to discuss patent rights. The main aim of patent rights is to protect technological inventions.[4] Patents can be seen as the outcome indicators of applied research and technological advancement.[5] A patent protects novel and non-obvious ideas and not mere the expressions of those ideas.[6] The patent system is meant to protect technology, actual machines, devices and new chemical, biotechnological/nanotechnological compositions rather than pure concepts.[7] The main of the system is to promote the continuation of intellectual community[8] and industrial and technological development. Generally a patent may be defined as the exclusive right granted by statute to a party who conceives or discovers a non obvious and novel invention, to use and develop that invention, to prevent others from manufacturing, selling or using the invention for a limited time, which depends on the inventions and jurisdictions. Patent terms are typically from 14 to 20 years.[9] The applicant of a patent must show that the invention is eligible subject matter, novel, having industrial application or utility, inventive step and non-obviousness i.e. that the invention is not obvious to a skilled person in the field with ordinary knowledge and lastly adequate disclosure. Its not enough that an invention is new for a company or in a definite country. The described invention must be new in the international context.[10] Patent is very important in the intellectual and scientific community because of it relate to their reputation and to enrich their resume. In the sense of commercial sector, it i s important because it creates barriers to entry into the market.[11] The emergence of a new and pioneer technology creates issues and possibilities in perfecting IP rights.[12] Like other present technologies, nanotechnology isnt merely a part of a distant future, but is also a significant technology today.[13] Its obvious that nanotechnology will be one of the essential technologies of the 21st century which have enough potentiality to create new markets and prosperity.[14] Nanotechnologies are treated not as a standalone topic, but as a potential and important approach to develop new materials and accomplishment new properties. Their potential for characterizing and building up nano-structure will meet future goals in nearly all sectors. Nanotechnologies have the merit of joining together chemists, physicists, biologists, medical doctors, sociologists, etc. It has been held that nanotechnology will be one of the largest sectors of economic growth of world in the foreseeable future.[15] Such technology will be used in a wide range of products from mi litary weapons to clothing.[16] Many multinational companies have already invested huge amounts in the field of nanotechnology. The nano-world is full of surprise and potential.[17] As its a nascent technology, it may pose problems and opportunities for IP regimes.[18] Nanotechnology patents are not treated differently than other patents but it is true that more complex technology creates more complex problem within the patent system. It may be the next legal challenge in the field of IPR. Although early predictions for nanotechnology commercialization are encouraging, however, there are formidable challenges that include legal, environmental, ethical and regulatory questions, as well as emerging thickets of overlapping patent claims. The rapid technological development of nanotechnology will challenge the traditional regulatory system in patent law.[19] Another problem will arise to classify the nanotechnology because advanced nano-products may suit into different categories simultaneously.[20] One thing is certain, however, nanotechnology is here to stay and will generate both evolutionary as well as revolutionary products in the future, thereby improving all sectors of our life.[21] The impact of nanotechnology on our way of life is widely belie ved to reach profound and hitherto unimagined levels in the coming decades.[22] Nanotechnology is just passing its early stage in the field of science and very little development has occurred in the legal arena on nanotech. In this thesis, I will focus on legal sides of nanotechnology patents. My overall point of discussion is legal rather than technical. The first part of the thesis will contain a general overview of nanotechnology from a scientific view point, different governmental and non-governmental organizations approach as well as the importance of nanotechnology from other general aspects. In the second part of the thesis, the relationship between nanotechnology and IPR will be discussed. The third part of the thesis addresses the possibility of patenting nanotechnology inventions. This part also contains a brief description on EU policy towards nanotechnology patents. Finally, the future legal challenges which may face legal experts in the IP field regarding the patenting of nanotechnology products are analyzed. 1. What is Nanotechnology: Technological and theoretical improvements have moved us to the place where our knowledge of atomic construction and behavior has significantly improved.[23] This advancement enables human to enter the age of nanotechnology.[24] Nanotechnology is mainly consists of ‘nano- materials- e.g. carbon nano-tubes, fullerenes, nano-particles, quantum dots, dendrimers, nano-crystalline diamonds, nano-wires, etc.[25] According to Eric Drexler, a nano-optimist, nanotechnology can change the world in the way that the steam engine did.[26] A proper definition is very important in a field of science and technology, not least for patents.[27] It is very important to define nanotechnology from a legal point of view. The world of nanotechnology is a world of individual atoms and molecules.[28] Its the science to study and use of the unique characteristics of materials at nano-scale.[29] A precise definition of ‘nanotechnology in law and science is yet to be decided. It encompasses many dif ferent concepts and fields simultaneously, which is a difficult task. Even scientists in the field maintain that it â€Å"depends on whom you ask.†[30] Many experts and different governmental institutions have tried to define the concept of nanotechnology. Generally ‘nanotechnology seems to refer to very small science.[31] ‘Technology derives from the Greek tekhne, which means ‘skill or ‘discipline and ‘logos which means ‘speech.[32] ‘Nano comes from the Latin word for ‘dwarf, but today the prefix is more known to denote one billionth (i.e. one billionth of a metre).[33] Therefore nanotechnology could mean the discipline of assembly at the nanometer scale or in other words, molecular assemblage and mass molecular production.[34] Nanotechnology is an umbrella term used to define the properties or products and process at the nano/micro scale that have resulted from the convergence of the physical, chemical and life science.[35] EPO[36] defines ‘nanotechnology as follows: The term nanotechnology covers entities with a controlled geometrical size of at least one functional component below 100 nano-metres in one or more dimensions susceptible of making physical, chemical or biological effects available which are intrinsic to that size. It covers equipment and methods for controlled analysis, manipulation, processing, fabrication or measurement with a precision below 100 nano-metres. The U.S. ‘National Nanotechnology Initiative (NNI) predicted in a report issued by the U.S. Department of Energys Office of Basic Energy Sciences, the near term benefits of the developments of this new technology. The White House Office of Management and Budget devised a broader, more functional definition for nanotechnology. It defines Nanotechnology as : research and technology development at the atomic, molecular or macromolecular levels in the length scale of approximately 1-100 nano-meter range, to provide a fundamental understanding of the phenomena and materials properties at the nano-scale and to model, create, characterize, manipulate and use structures, device and systems that have novel properties and functions because of their small or intermediate size.[37] Nobel laureate Richard Smalley defines nanotechnology as ‘the art and science of building stuff that does stuff on the nano-meter scale. Eric Drexler defines nanotechnology as â€Å"engineering in the molecular scale†.[38] Some legal expert characterizes it â€Å"as the skillful management of matter at the scale of one billionth of a meter or smaller†.[39] The US Nanotechnology Act[40] defines nanotechnology as the science and technology that will enable one to understand measure, manipulate, and manufacture at the atomic, molecular, and supra-molecular levels.[41] Although nanotechnology encompasses many different types of concepts, it can be said generally that nanotechnology is a science to manipulation of matter or things at the scale of nano-meter.[42] Nanotechnology covers several established domains and technologies, with the exact definition of what are nanotechnology still being debated.[43] 1.1 Why is nanotechnology important? Nanotechnology is important in many senses. Nanotechnology will certainly change the nature of almost every human made object in the next century and will reshape out interaction with the surrounding world.[44] It covers a multiple fields of science and will create a vital opportunity in the future world. In the view of transformational impact, its a simple fact that it gives us a set of tools that make us enable to transform the world at a far smaller scale than was ever available to us before.[45] Nanotechnology enables us to change the structure of many different fields by giving us opportunity to access a realm where many of the old rules associated with matter apply no more.[46] Nanotechnology attracts a considerable amount of attention because it gives us opportunity to access to radically different capabilities with wide range of materials, even though we have been using those materials for many years. Nanotechnology will give rise to a wealth of new materials and manufacturin g possibilities, which will cause a great impact on our future economy, environment and society. Nest I will address some fields where the application of nanotechnology will have an important impact: Economic Impact: Many economists predict that nanotechnology will be the next economic turning point in the global economy. It may be the issue of every economic sector as it encompasses a large and diverse field. In nearly every economic sector such as health and medicine, materials, computing and electronics, military weapons, environment, energy, transportation and virtually every other commercial sector nanotechnology will play a great role in coming decades considering its numerous fields of applications. Nanotechnology has attracted the worldwide companies vastly. As of 2004, 1500 companies worldwide have declared their plans on nanotechnology research and development and of these 80% were newly startup companies.[47] The U.S. National Science has presumed that the world market for nanotechnology will reach 1 trillion USD or more within 20 years.[48] According to Lux Research, within next ten years nanotechnology applications will affect nearly every type of manufactured goods.[49] The EU recog nized nanotechnology as an important element for the benefit of its citizens. In 2007 the European Commission allocated EUR 600 million for nanotechnology research and development.[50] The former president of the United States, George W. Bush signed the 21st Century Nanotechnology Research and Development Act[51] on December 3, 2004 authorizing approximately $3.7 billion in federal funding for the development and research of nanotechnology over the next four years.[52] According to Mike Honda, California House Representative and co-drafter of the original Nanotechnology Act, the worldwide market for nanotechnology products and services could reach $ 1 trillion by 2015.[53] Nanotechnology in food security, environmental and public health issues: Nanotechnology will have a great impact on food security and environmental issues. In September 2003, the United States Department of Agriculture published its roadmap and in that report the Department predicted that nanotechnology will change the appearance of food industry, changing the way food is produced, processed, packaged, transported and consumed.[54] Helmuth Kaiser Consultancy predicts that the market of nano-food will rise from 2.6 billion USD to 20.4 billion USD by 2010.[55] Nanotechnology is capable of changing the agriculture and food industry with e.g. new tools for the molecular treatment of disease, speedy disease detection, raising the ability of plants to absorb nutrients etc..[56] Intelligent sensors and small delivery systems will help the agricultural industry combat viruses and other crop disease producing agents.[57] There is strong possibility that in the near future nano-structured catalysts will be available which will enhance the competency of pesticides a nd herbicides, allowing lower doses to be used. In CEA (Controlled Environment Agriculture), nano-technological devices providing ‘scouting capabilities could enormously improve the growers ability to determine the suitable time of harvest for the crop.[58] Another important role for nanotechnology-enabled devices will be the increased use of automatic sensors linked into a GPS system for real-time monitoring. These nano-sensors could be fixed throughout the field where they can monitor soil conditions and crop growth.[59] Wireless sensors are already being used in specific parts of the US and Australia. Nanotechnology can help us to improve our understanding of the biology of different crops and thus potentially increase yields or nutritional values.[60] Nanotechnology has also potential to save our environment indirectly through the use of renewable energy supplies, and filters or catalysts to control environment pollution and clean-up existing pollutants.[61] Nanotechnology can also be used to clean ground water. The US Company Argonide uses 2nm diameter aluminum oxide nano-fibres (Nano-cream) as an element of water purifier. This nano-level filtration system helps to remove viruses, bacteria and protozoan cysts from water. Developing countries like India and South Africa are also running similar projects using the same technique.[62] Research at the Centre for Biological and Environmental Nanotechnology (CBEN) has shown that nano-scale iron oxide particles are tremendously effective at binding and removing arsenic from groundwater,[63] which will play a great role especially in the developing countries where environmental pollution is an important factor. The development of nano-technological based remediation techniques can resto re and clean-up environmental injury and pollution (e.g. oil in water or soil).[64] Most of the opposition to nanotechnology has been targeted on the long term risks connected with self-replicating nano-robots. Some environmental groups, e.g. the Action Group On Erosion, Technology and Concentration (ETC) predicts that nano-materials may cause harm to human health and environment. Moreover the group urges to ban the production of nano-materials.[65] Besides these, some experts feel worried about impact of nano-particles in the environment and predict that some nano-elements will also be harmful for the environment and suggest that there must be a risk assessment authority for nano-particles. Nanotechnology in the medical sector: Nanotechnology is a technology which has vast possibilities in the development of health and medical treatment.[66] Medical science has made big advances in understanding the structure and functions of living organisms down to the genetic level. Nanotechnology created the opportunity to apply that knowledge significantly more perfect to the diagnosis and treatment of illness and injuries than in the traditional way.[67] Nanotechnology applications in medicine are growing significant interest, which can be labeled as ‘nano-medicine. ‘Nano-medicine can be defined as the medical application of nanotechnology that will have potential to lead to useful research tools, advanced drug delivery systems and new ways to combat disease or repair injured tissues and cells.[68] The advancement of nano-medicine may result in more significant interventions in respect of illness.[69] Nano-medicine is capable of prevention, early and accurate diagnosis and treatment of different diseases.[ 70] The experts on physical science predict that in future nanotechnology will apply to surgery and to cure different complex diseases in human body. Nanotechnology in military weapons: The first wave of nanotechnology will primarily be used in the military for state security related purposes.[71] Many nanotechnology experts presume that in many states have already taken lots of initiatives in their military sectors and given top priority to research in making nanotechnology weapons and its potentiality at the time of war and other military uses. It should be remembered that the Internet, computer and other land marking inventions of the last century were also military projects and now these inventions have changed the world in every sector and are being used for the welfare of mankind. The ultimate question comes down to whether the good outweigh the bad with respect to the utilization of this technology in this domain.[72] Nanotechnology in Information Technology (IT): Nanotechnology has enough potential for creating faster computers with larger memories than the present transistors and other components permit.[73] Carbon nano-tubes will also be used in IT. These tubes could be either conducting or semiconducting and have the potential for memory and storage as well. By using nanotechnology, computer tools will be cheaper than today and will create a sustainable IT sector. Without doubt nanotechnology will vastly affect the IT sector in the future. 1.2 EU policy for nanotechnology: Presently nanotechnologies strengthen many useful and practical applications and have huge possibilities to improve the quality of life and protection of environment and accelerate Europes industrial competition.[74] The European Commission has taken several steps to take nanotechnology research benefits for the development of the EU[75]. The EU is proceeding toward a collective and correlated strategy for nanotechnology research and development.[76] The Commission has not yet adopted any broad and specific public policy for nanotechnology but has adopted a strategy plan for the allocation of significant resources for supporting nanotechnology research and development.[77] But this strategy has yet not been turned into any formal legislation and/or regulation.[78] On June 7, 2005 the European Commission passed an Action Plan for the implementation of a strategy for European nano-science and nanotechnology development.[79] This action plan is not obligatory by law and in apparently it is simply a declaration and a step towards regulating nanotechnology further. In this action plan, the importance of research and examining the future impact of nano-science and nanotechnology is emphasised. The Commission have divided the Action Plan into five steps: Promote RD in the Europe: In this phase, the Commission recognized that by collaborating with public and private sectors across Europe for the research and development of nanotechnology, an interdisciplinary initiative is necessary. In 2007-2008, the Commission invested EUR 2.5 billion under the Research Framework Programme and before that in 2003-2006 EUR 1.4 billion had been invested.[80] As nanotechnologies have multidisciplinary character, the Research and Development (RD) projects have taken in different industrial sectors such as health, food, energy, transport, environment, etc.[81] Frame a base of European â€Å"Poles of Excellence†: This phases main aim is to build up poles of excellence into present structures for establishing highly-presentable world class poles in the area of nanotechnology by providing necessary services to the research community.[82] State of art equipment and instrumentation is day by day a challenge for the development of nanotechnology and to establish whether RD is enabling to transform into capable of being wealth rendering product and process.[83] The Commission is giving support continuously by funding access to present facilities and creating new facilities, which have led to ‘durable integration in the form of new institutes and virtual infrastructure such as the European Theoretical Spectroscopy Facility (ETSF).[84] Investing in human resources: The purpose of this axis is to conforming European educational system to the specifies of nanotechnology in the higher level studies which also cover legal technical subjects such as patenting nanotechnology and encourage the young people in the EU to nanotech studies and research.[85] Actually the development of nanotechnology mainly depends upon the skilled manpower and interdisciplinary actions. The main aim of this phase is to transform the nanotech knowledge from academy to industry.[86] Patronizing the transformation of knowledge into Industrial Applications: In this phase the Commissions strategy and its Action Plan pointed to two issues connected to IP: Patents and Standardization.[87] In respect of patents, the Commissions Action Plan advocates to establish a patent monitoring system for nanotechnology and to harmonize the patent prosecution system especially ‘sufficiency of disclosure and ‘inventive step, (which are crucial in case of nanotechnology patents) among the leading patent offices in the world such as the European Patent Office (EPO), the US Patent and Trademarks Office (USPTO) and the Japan Patent Office.[88] Concerning standardization, the Commission encourages pre-normative research and development in combined actions with the activities of European Standard Bodies.[89] Integrate the Social Dimension: The purpose of this phase is to recall an EU strategy about ethical principles in respect of health, safety and environmental aspects in the development of nanotechnology and making a transparent approach by open dialogues with E.U. citizens and stakeholders.[90] The Commission has taken several actions to reflect the peoples expectations and take their views into account.[91] In February 2008, EC passed a recommendation of ‘Code of conduct for responsible nano-science and nano-technologies research which gives guidelines towards a responsible and open approach.[92] Every proposal considered for funding by the Commission must meet the requirements of ethical issues.[93] The Commission is also giving efforts to increase researchers awareness to the Code of Conduct on nanotechnology research. Actually the Commission seeks the nanotechnology research to reflect and comply with the basic ethical values described in the core European Agreements such as ‘the European Charter of Fundamental Rights. 2.0 Relationship between Nanotechnology and IP: IPRs play a significance role in the development of new technologies. IPRs are essential in the present technology-driven age.[94] For an international perspective, nanotechnology is presently one of the most effective new technologies, in terms of number of patent applications.[95] Moreover, competitors in the nascent nanotechnology industries employ trade secrets legislation to supplement their control over key technology and expertise. In spite of being less directly involved in the nanotechnology industry, copyright and trademark legislation are also affect competitors in nanotechnology markets as the companies use computer software for nanotechnology research and development. Moreover, companies are also active to give their products commercial identification and trademark is playing a great role in that respect. IP law yields the primary regulatory vehicle by which ownership, control and use of nanotechnology are managed. The basic purpose of IP law is to facilitate for creators or inventors and encourage continuation of further development and creation. Thus IP law plays an influential role in a new and highly divergent functioning field of research and development like nanotechnology.[96] IP law also plays an important role in the integration of nanotechnology development into commercial applications.[97] The next part investigates how nanotechnology is related to IPRs. Patent: Patent law give legal rights to inventors. For a patent right to be granted certain criteria should be fulfilled such as eligible subject matter, inventive step, novelty and usefulness or industrial application and lastly sufficient disclosure and description.[98] Patents are important to protect small, emerging technology business.[99] Most business enterprises need a quantity of patent portfolio as insurance towards their already risky investment.[100] These criteria are not technology specific and thus should also be fulfilled in case of nanotechnology inventions. As much of the research in nanotechnology has been conducted through multidisciplinary fields, it may challenge the present patent system. For an example, as its a newly adopted technology in the field of science the patent examiner may grant broad patent rights to the inventor which in the future may cause a great barrier in the development of nanotechnology and society may be deprived from the benefits of nanot echnology. Copyright: Copyright law protects original expressions of ideas of literary and artistic works but not for the ideas themselves.[101] The main key of copyright is the ‘originality of authorship.[102] The issues of copyright are mostly likely to arise in respect of nanotechnology regarding computer software programs which is likely to be used for nanotechnology research and development.[103] Trademarks: Trademark rights protect words, logos and any other type of commercial identifiers.[104] These marks help the public to identify the respective products or services of a company. It also helps customers from not being misled by deceptive use of marks. As many nanotechnology related companies will come into the market, trademarks will play an important role to identify the different company and their products which is most crucial for investment of a company. Trademarks also indicate the goodwill of the company. Trade Secrets: Trade secrets can be defined as ‘confidential information or knowledge which is not widely known and gives competitive advantages to its owner. Companies may be more interested to keep some information or know-how of their products as trade secrets because under patent law after the expiry of the protection period the product will come into public domain. For trade secrets there is no time limit and business advantages may come from by using trade secret protection wisely, or a combination of patents and trade secrets. The use of different forms of IP offers different options for developers of nanotechnology. While nanotechnology industry is highly patent oriented the possibility of vast legal battles over nanotechnology patents in the future is likely to be happen. It also should be kept in mind that aggressive assertion of IPRs can create obstacles in important research of nanotechnology.[105] Patent busting, generics, technical standards and open sources are a few of the leading examples of critical IP challenges to all technology, including nanotechnology.[106] The challenges of IPR management of nanotechnology are not only for the ownership of IP but also the possibility of huge economic value from nanotechnology. 3.0 Patentability of Nanotechnology-European Aspect: The recent advancement of industrial research and development in the nanotechnology field is a worldwide phenomenon. Since last few years national and international governmental authorities, research institutes and industrial companies have increasingly aware of nanotechnology as a driving force for innovation in different fields including chemistry, material science, biotechnology and electronics.[107] For nanotechnology, patents are the most used and by far most important form of IP.[108] Nanotechnology is incomparably among the most patentable technologies, in that it is exceptional in attributes and nascent.[109] The main attraction in nanotechnology patenting is not only its size but also its ‘unique cross-industry pattern. Nanotechnology is exceptional compared with other technologies because it does not originates in a single branch of science like biotechnology, information technology etc.[110] The main characteristic of nanotechnology is its size. Surprisingly this is nearly the first new field in almost a century in which basic ideas, i.e. ‘the basic building block was patented at the beginning.[111] Patent rights give the rights holder an opportunity to gain economic and other related profits for a certain period as a reward for the invention. In case of nanotech research and invention there is a need for huge long term investments thus patent rights play a substantial role to recoup the investment of a company. Without a clear and sound patent regulatory system, large companies will be reluctant to invest in the field of nanotechnology and the development of nanotechnology invention will be hampered. Its no doubt that the rapid growth of nanotechnology will result a multiple field of application and jurisdiction and obviously will create a legal challenge in future IP regimes. The most basic issue is that whether nanotech inventions are patentable or not? In this chapter the ‘patentability of nanotechnology will be discussed in the light of European legal instruments and the WTO TRIPS Agreement. All inventions are not patentable. A patentable subject matter might not be (a) an abstract idea; (b) laws of nature; and (c) physical phenomena.[112] As mentioned, to qualify the patentability of an invention certain conditions must be satisfied. i) patent eligible subject matter; ii) utility; iii) novelty; iv) non-obviousness; and v) sufficient disclosure. In addition to the already mentioned patentability criteria, the claims have to be clear, brief and must be supported by the description.[113] The application of the inventions requires disclosing the invention is such a way as a whole that a person skilled in the art is being capable to carry out the invention.[114] There are not separate patentability rules for nanotech inventions. Thus any patent connected with the nano-field must fulfill the general requirements of patentability.[115] 3.1 Procedures at the European Patent Office: In Europe, an applicant can file a patent application either in the national patent office or in the Europe European Perspective on Nanotechnology Patents European Perspective on Nanotechnology Patents An Overview of Nanotechnology Patents: A European Perspective The future world will to a large extent consist of a knowledge based society. Intellectual property (IP) will play an important role in generating wealth and employment in that society. A general rule is that the more developed a country is the more stricter and secure for IP and strict to uphold the IPR. IP assets have become between 50 and 70 percent of the gross domestic products of a developed country.[1] In that sense it can be said that IP has become one of the most important assets of knowledge based economies.[2] Creativity is essential to economic growth.[3] It is feared that the development of new technologies and thereby the progress of societies will be halted without the presence of intellectual property rights (IPR). IPRs encourage the development of new technologies. IPRs aim at creating a harmonious relationship among investors, inventors and consumers. Patent rights are one of the important branches of IPR. The ultimate goal of patent rights is to promote invention a nd encourage further development of that invention for the benefit of society. Before going into an in-depth discussion on nanotechnology patents, it will be wise to discuss patent rights. The main aim of patent rights is to protect technological inventions.[4] Patents can be seen as the outcome indicators of applied research and technological advancement.[5] A patent protects novel and non-obvious ideas and not mere the expressions of those ideas.[6] The patent system is meant to protect technology, actual machines, devices and new chemical, biotechnological/nanotechnological compositions rather than pure concepts.[7] The main of the system is to promote the continuation of intellectual community[8] and industrial and technological development. Generally a patent may be defined as the exclusive right granted by statute to a party who conceives or discovers a non obvious and novel invention, to use and develop that invention, to prevent others from manufacturing, selling or using the invention for a limited time, which depends on the inventions and jurisdictions. Patent terms are typically from 14 to 20 years.[9] The applicant of a patent must show that the invention is eligible subject matter, novel, having industrial application or utility, inventive step and non-obviousness i.e. that the invention is not obvious to a skilled person in the field with ordinary knowledge and lastly adequate disclosure. Its not enough that an invention is new for a company or in a definite country. The described invention must be new in the international context.[10] Patent is very important in the intellectual and scientific community because of it relate to their reputation and to enrich their resume. In the sense of commercial sector, it i s important because it creates barriers to entry into the market.[11] The emergence of a new and pioneer technology creates issues and possibilities in perfecting IP rights.[12] Like other present technologies, nanotechnology isnt merely a part of a distant future, but is also a significant technology today.[13] Its obvious that nanotechnology will be one of the essential technologies of the 21st century which have enough potentiality to create new markets and prosperity.[14] Nanotechnologies are treated not as a standalone topic, but as a potential and important approach to develop new materials and accomplishment new properties. Their potential for characterizing and building up nano-structure will meet future goals in nearly all sectors. Nanotechnologies have the merit of joining together chemists, physicists, biologists, medical doctors, sociologists, etc. It has been held that nanotechnology will be one of the largest sectors of economic growth of world in the foreseeable future.[15] Such technology will be used in a wide range of products from mi litary weapons to clothing.[16] Many multinational companies have already invested huge amounts in the field of nanotechnology. The nano-world is full of surprise and potential.[17] As its a nascent technology, it may pose problems and opportunities for IP regimes.[18] Nanotechnology patents are not treated differently than other patents but it is true that more complex technology creates more complex problem within the patent system. It may be the next legal challenge in the field of IPR. Although early predictions for nanotechnology commercialization are encouraging, however, there are formidable challenges that include legal, environmental, ethical and regulatory questions, as well as emerging thickets of overlapping patent claims. The rapid technological development of nanotechnology will challenge the traditional regulatory system in patent law.[19] Another problem will arise to classify the nanotechnology because advanced nano-products may suit into different categories simultaneously.[20] One thing is certain, however, nanotechnology is here to stay and will generate both evolutionary as well as revolutionary products in the future, thereby improving all sectors of our life.[21] The impact of nanotechnology on our way of life is widely belie ved to reach profound and hitherto unimagined levels in the coming decades.[22] Nanotechnology is just passing its early stage in the field of science and very little development has occurred in the legal arena on nanotech. In this thesis, I will focus on legal sides of nanotechnology patents. My overall point of discussion is legal rather than technical. The first part of the thesis will contain a general overview of nanotechnology from a scientific view point, different governmental and non-governmental organizations approach as well as the importance of nanotechnology from other general aspects. In the second part of the thesis, the relationship between nanotechnology and IPR will be discussed. The third part of the thesis addresses the possibility of patenting nanotechnology inventions. This part also contains a brief description on EU policy towards nanotechnology patents. Finally, the future legal challenges which may face legal experts in the IP field regarding the patenting of nanotechnology products are analyzed. 1. What is Nanotechnology: Technological and theoretical improvements have moved us to the place where our knowledge of atomic construction and behavior has significantly improved.[23] This advancement enables human to enter the age of nanotechnology.[24] Nanotechnology is mainly consists of ‘nano- materials- e.g. carbon nano-tubes, fullerenes, nano-particles, quantum dots, dendrimers, nano-crystalline diamonds, nano-wires, etc.[25] According to Eric Drexler, a nano-optimist, nanotechnology can change the world in the way that the steam engine did.[26] A proper definition is very important in a field of science and technology, not least for patents.[27] It is very important to define nanotechnology from a legal point of view. The world of nanotechnology is a world of individual atoms and molecules.[28] Its the science to study and use of the unique characteristics of materials at nano-scale.[29] A precise definition of ‘nanotechnology in law and science is yet to be decided. It encompasses many dif ferent concepts and fields simultaneously, which is a difficult task. Even scientists in the field maintain that it â€Å"depends on whom you ask.†[30] Many experts and different governmental institutions have tried to define the concept of nanotechnology. Generally ‘nanotechnology seems to refer to very small science.[31] ‘Technology derives from the Greek tekhne, which means ‘skill or ‘discipline and ‘logos which means ‘speech.[32] ‘Nano comes from the Latin word for ‘dwarf, but today the prefix is more known to denote one billionth (i.e. one billionth of a metre).[33] Therefore nanotechnology could mean the discipline of assembly at the nanometer scale or in other words, molecular assemblage and mass molecular production.[34] Nanotechnology is an umbrella term used to define the properties or products and process at the nano/micro scale that have resulted from the convergence of the physical, chemical and life science.[35] EPO[36] defines ‘nanotechnology as follows: The term nanotechnology covers entities with a controlled geometrical size of at least one functional component below 100 nano-metres in one or more dimensions susceptible of making physical, chemical or biological effects available which are intrinsic to that size. It covers equipment and methods for controlled analysis, manipulation, processing, fabrication or measurement with a precision below 100 nano-metres. The U.S. ‘National Nanotechnology Initiative (NNI) predicted in a report issued by the U.S. Department of Energys Office of Basic Energy Sciences, the near term benefits of the developments of this new technology. The White House Office of Management and Budget devised a broader, more functional definition for nanotechnology. It defines Nanotechnology as : research and technology development at the atomic, molecular or macromolecular levels in the length scale of approximately 1-100 nano-meter range, to provide a fundamental understanding of the phenomena and materials properties at the nano-scale and to model, create, characterize, manipulate and use structures, device and systems that have novel properties and functions because of their small or intermediate size.[37] Nobel laureate Richard Smalley defines nanotechnology as ‘the art and science of building stuff that does stuff on the nano-meter scale. Eric Drexler defines nanotechnology as â€Å"engineering in the molecular scale†.[38] Some legal expert characterizes it â€Å"as the skillful management of matter at the scale of one billionth of a meter or smaller†.[39] The US Nanotechnology Act[40] defines nanotechnology as the science and technology that will enable one to understand measure, manipulate, and manufacture at the atomic, molecular, and supra-molecular levels.[41] Although nanotechnology encompasses many different types of concepts, it can be said generally that nanotechnology is a science to manipulation of matter or things at the scale of nano-meter.[42] Nanotechnology covers several established domains and technologies, with the exact definition of what are nanotechnology still being debated.[43] 1.1 Why is nanotechnology important? Nanotechnology is important in many senses. Nanotechnology will certainly change the nature of almost every human made object in the next century and will reshape out interaction with the surrounding world.[44] It covers a multiple fields of science and will create a vital opportunity in the future world. In the view of transformational impact, its a simple fact that it gives us a set of tools that make us enable to transform the world at a far smaller scale than was ever available to us before.[45] Nanotechnology enables us to change the structure of many different fields by giving us opportunity to access a realm where many of the old rules associated with matter apply no more.[46] Nanotechnology attracts a considerable amount of attention because it gives us opportunity to access to radically different capabilities with wide range of materials, even though we have been using those materials for many years. Nanotechnology will give rise to a wealth of new materials and manufacturin g possibilities, which will cause a great impact on our future economy, environment and society. Nest I will address some fields where the application of nanotechnology will have an important impact: Economic Impact: Many economists predict that nanotechnology will be the next economic turning point in the global economy. It may be the issue of every economic sector as it encompasses a large and diverse field. In nearly every economic sector such as health and medicine, materials, computing and electronics, military weapons, environment, energy, transportation and virtually every other commercial sector nanotechnology will play a great role in coming decades considering its numerous fields of applications. Nanotechnology has attracted the worldwide companies vastly. As of 2004, 1500 companies worldwide have declared their plans on nanotechnology research and development and of these 80% were newly startup companies.[47] The U.S. National Science has presumed that the world market for nanotechnology will reach 1 trillion USD or more within 20 years.[48] According to Lux Research, within next ten years nanotechnology applications will affect nearly every type of manufactured goods.[49] The EU recog nized nanotechnology as an important element for the benefit of its citizens. In 2007 the European Commission allocated EUR 600 million for nanotechnology research and development.[50] The former president of the United States, George W. Bush signed the 21st Century Nanotechnology Research and Development Act[51] on December 3, 2004 authorizing approximately $3.7 billion in federal funding for the development and research of nanotechnology over the next four years.[52] According to Mike Honda, California House Representative and co-drafter of the original Nanotechnology Act, the worldwide market for nanotechnology products and services could reach $ 1 trillion by 2015.[53] Nanotechnology in food security, environmental and public health issues: Nanotechnology will have a great impact on food security and environmental issues. In September 2003, the United States Department of Agriculture published its roadmap and in that report the Department predicted that nanotechnology will change the appearance of food industry, changing the way food is produced, processed, packaged, transported and consumed.[54] Helmuth Kaiser Consultancy predicts that the market of nano-food will rise from 2.6 billion USD to 20.4 billion USD by 2010.[55] Nanotechnology is capable of changing the agriculture and food industry with e.g. new tools for the molecular treatment of disease, speedy disease detection, raising the ability of plants to absorb nutrients etc..[56] Intelligent sensors and small delivery systems will help the agricultural industry combat viruses and other crop disease producing agents.[57] There is strong possibility that in the near future nano-structured catalysts will be available which will enhance the competency of pesticides a nd herbicides, allowing lower doses to be used. In CEA (Controlled Environment Agriculture), nano-technological devices providing ‘scouting capabilities could enormously improve the growers ability to determine the suitable time of harvest for the crop.[58] Another important role for nanotechnology-enabled devices will be the increased use of automatic sensors linked into a GPS system for real-time monitoring. These nano-sensors could be fixed throughout the field where they can monitor soil conditions and crop growth.[59] Wireless sensors are already being used in specific parts of the US and Australia. Nanotechnology can help us to improve our understanding of the biology of different crops and thus potentially increase yields or nutritional values.[60] Nanotechnology has also potential to save our environment indirectly through the use of renewable energy supplies, and filters or catalysts to control environment pollution and clean-up existing pollutants.[61] Nanotechnology can also be used to clean ground water. The US Company Argonide uses 2nm diameter aluminum oxide nano-fibres (Nano-cream) as an element of water purifier. This nano-level filtration system helps to remove viruses, bacteria and protozoan cysts from water. Developing countries like India and South Africa are also running similar projects using the same technique.[62] Research at the Centre for Biological and Environmental Nanotechnology (CBEN) has shown that nano-scale iron oxide particles are tremendously effective at binding and removing arsenic from groundwater,[63] which will play a great role especially in the developing countries where environmental pollution is an important factor. The development of nano-technological based remediation techniques can resto re and clean-up environmental injury and pollution (e.g. oil in water or soil).[64] Most of the opposition to nanotechnology has been targeted on the long term risks connected with self-replicating nano-robots. Some environmental groups, e.g. the Action Group On Erosion, Technology and Concentration (ETC) predicts that nano-materials may cause harm to human health and environment. Moreover the group urges to ban the production of nano-materials.[65] Besides these, some experts feel worried about impact of nano-particles in the environment and predict that some nano-elements will also be harmful for the environment and suggest that there must be a risk assessment authority for nano-particles. Nanotechnology in the medical sector: Nanotechnology is a technology which has vast possibilities in the development of health and medical treatment.[66] Medical science has made big advances in understanding the structure and functions of living organisms down to the genetic level. Nanotechnology created the opportunity to apply that knowledge significantly more perfect to the diagnosis and treatment of illness and injuries than in the traditional way.[67] Nanotechnology applications in medicine are growing significant interest, which can be labeled as ‘nano-medicine. ‘Nano-medicine can be defined as the medical application of nanotechnology that will have potential to lead to useful research tools, advanced drug delivery systems and new ways to combat disease or repair injured tissues and cells.[68] The advancement of nano-medicine may result in more significant interventions in respect of illness.[69] Nano-medicine is capable of prevention, early and accurate diagnosis and treatment of different diseases.[ 70] The experts on physical science predict that in future nanotechnology will apply to surgery and to cure different complex diseases in human body. Nanotechnology in military weapons: The first wave of nanotechnology will primarily be used in the military for state security related purposes.[71] Many nanotechnology experts presume that in many states have already taken lots of initiatives in their military sectors and given top priority to research in making nanotechnology weapons and its potentiality at the time of war and other military uses. It should be remembered that the Internet, computer and other land marking inventions of the last century were also military projects and now these inventions have changed the world in every sector and are being used for the welfare of mankind. The ultimate question comes down to whether the good outweigh the bad with respect to the utilization of this technology in this domain.[72] Nanotechnology in Information Technology (IT): Nanotechnology has enough potential for creating faster computers with larger memories than the present transistors and other components permit.[73] Carbon nano-tubes will also be used in IT. These tubes could be either conducting or semiconducting and have the potential for memory and storage as well. By using nanotechnology, computer tools will be cheaper than today and will create a sustainable IT sector. Without doubt nanotechnology will vastly affect the IT sector in the future. 1.2 EU policy for nanotechnology: Presently nanotechnologies strengthen many useful and practical applications and have huge possibilities to improve the quality of life and protection of environment and accelerate Europes industrial competition.[74] The European Commission has taken several steps to take nanotechnology research benefits for the development of the EU[75]. The EU is proceeding toward a collective and correlated strategy for nanotechnology research and development.[76] The Commission has not yet adopted any broad and specific public policy for nanotechnology but has adopted a strategy plan for the allocation of significant resources for supporting nanotechnology research and development.[77] But this strategy has yet not been turned into any formal legislation and/or regulation.[78] On June 7, 2005 the European Commission passed an Action Plan for the implementation of a strategy for European nano-science and nanotechnology development.[79] This action plan is not obligatory by law and in apparently it is simply a declaration and a step towards regulating nanotechnology further. In this action plan, the importance of research and examining the future impact of nano-science and nanotechnology is emphasised. The Commission have divided the Action Plan into five steps: Promote RD in the Europe: In this phase, the Commission recognized that by collaborating with public and private sectors across Europe for the research and development of nanotechnology, an interdisciplinary initiative is necessary. In 2007-2008, the Commission invested EUR 2.5 billion under the Research Framework Programme and before that in 2003-2006 EUR 1.4 billion had been invested.[80] As nanotechnologies have multidisciplinary character, the Research and Development (RD) projects have taken in different industrial sectors such as health, food, energy, transport, environment, etc.[81] Frame a base of European â€Å"Poles of Excellence†: This phases main aim is to build up poles of excellence into present structures for establishing highly-presentable world class poles in the area of nanotechnology by providing necessary services to the research community.[82] State of art equipment and instrumentation is day by day a challenge for the development of nanotechnology and to establish whether RD is enabling to transform into capable of being wealth rendering product and process.[83] The Commission is giving support continuously by funding access to present facilities and creating new facilities, which have led to ‘durable integration in the form of new institutes and virtual infrastructure such as the European Theoretical Spectroscopy Facility (ETSF).[84] Investing in human resources: The purpose of this axis is to conforming European educational system to the specifies of nanotechnology in the higher level studies which also cover legal technical subjects such as patenting nanotechnology and encourage the young people in the EU to nanotech studies and research.[85] Actually the development of nanotechnology mainly depends upon the skilled manpower and interdisciplinary actions. The main aim of this phase is to transform the nanotech knowledge from academy to industry.[86] Patronizing the transformation of knowledge into Industrial Applications: In this phase the Commissions strategy and its Action Plan pointed to two issues connected to IP: Patents and Standardization.[87] In respect of patents, the Commissions Action Plan advocates to establish a patent monitoring system for nanotechnology and to harmonize the patent prosecution system especially ‘sufficiency of disclosure and ‘inventive step, (which are crucial in case of nanotechnology patents) among the leading patent offices in the world such as the European Patent Office (EPO), the US Patent and Trademarks Office (USPTO) and the Japan Patent Office.[88] Concerning standardization, the Commission encourages pre-normative research and development in combined actions with the activities of European Standard Bodies.[89] Integrate the Social Dimension: The purpose of this phase is to recall an EU strategy about ethical principles in respect of health, safety and environmental aspects in the development of nanotechnology and making a transparent approach by open dialogues with E.U. citizens and stakeholders.[90] The Commission has taken several actions to reflect the peoples expectations and take their views into account.[91] In February 2008, EC passed a recommendation of ‘Code of conduct for responsible nano-science and nano-technologies research which gives guidelines towards a responsible and open approach.[92] Every proposal considered for funding by the Commission must meet the requirements of ethical issues.[93] The Commission is also giving efforts to increase researchers awareness to the Code of Conduct on nanotechnology research. Actually the Commission seeks the nanotechnology research to reflect and comply with the basic ethical values described in the core European Agreements such as ‘the European Charter of Fundamental Rights. 2.0 Relationship between Nanotechnology and IP: IPRs play a significance role in the development of new technologies. IPRs are essential in the present technology-driven age.[94] For an international perspective, nanotechnology is presently one of the most effective new technologies, in terms of number of patent applications.[95] Moreover, competitors in the nascent nanotechnology industries employ trade secrets legislation to supplement their control over key technology and expertise. In spite of being less directly involved in the nanotechnology industry, copyright and trademark legislation are also affect competitors in nanotechnology markets as the companies use computer software for nanotechnology research and development. Moreover, companies are also active to give their products commercial identification and trademark is playing a great role in that respect. IP law yields the primary regulatory vehicle by which ownership, control and use of nanotechnology are managed. The basic purpose of IP law is to facilitate for creators or inventors and encourage continuation of further development and creation. Thus IP law plays an influential role in a new and highly divergent functioning field of research and development like nanotechnology.[96] IP law also plays an important role in the integration of nanotechnology development into commercial applications.[97] The next part investigates how nanotechnology is related to IPRs. Patent: Patent law give legal rights to inventors. For a patent right to be granted certain criteria should be fulfilled such as eligible subject matter, inventive step, novelty and usefulness or industrial application and lastly sufficient disclosure and description.[98] Patents are important to protect small, emerging technology business.[99] Most business enterprises need a quantity of patent portfolio as insurance towards their already risky investment.[100] These criteria are not technology specific and thus should also be fulfilled in case of nanotechnology inventions. As much of the research in nanotechnology has been conducted through multidisciplinary fields, it may challenge the present patent system. For an example, as its a newly adopted technology in the field of science the patent examiner may grant broad patent rights to the inventor which in the future may cause a great barrier in the development of nanotechnology and society may be deprived from the benefits of nanot echnology. Copyright: Copyright law protects original expressions of ideas of literary and artistic works but not for the ideas themselves.[101] The main key of copyright is the ‘originality of authorship.[102] The issues of copyright are mostly likely to arise in respect of nanotechnology regarding computer software programs which is likely to be used for nanotechnology research and development.[103] Trademarks: Trademark rights protect words, logos and any other type of commercial identifiers.[104] These marks help the public to identify the respective products or services of a company. It also helps customers from not being misled by deceptive use of marks. As many nanotechnology related companies will come into the market, trademarks will play an important role to identify the different company and their products which is most crucial for investment of a company. Trademarks also indicate the goodwill of the company. Trade Secrets: Trade secrets can be defined as ‘confidential information or knowledge which is not widely known and gives competitive advantages to its owner. Companies may be more interested to keep some information or know-how of their products as trade secrets because under patent law after the expiry of the protection period the product will come into public domain. For trade secrets there is no time limit and business advantages may come from by using trade secret protection wisely, or a combination of patents and trade secrets. The use of different forms of IP offers different options for developers of nanotechnology. While nanotechnology industry is highly patent oriented the possibility of vast legal battles over nanotechnology patents in the future is likely to be happen. It also should be kept in mind that aggressive assertion of IPRs can create obstacles in important research of nanotechnology.[105] Patent busting, generics, technical standards and open sources are a few of the leading examples of critical IP challenges to all technology, including nanotechnology.[106] The challenges of IPR management of nanotechnology are not only for the ownership of IP but also the possibility of huge economic value from nanotechnology. 3.0 Patentability of Nanotechnology-European Aspect: The recent advancement of industrial research and development in the nanotechnology field is a worldwide phenomenon. Since last few years national and international governmental authorities, research institutes and industrial companies have increasingly aware of nanotechnology as a driving force for innovation in different fields including chemistry, material science, biotechnology and electronics.[107] For nanotechnology, patents are the most used and by far most important form of IP.[108] Nanotechnology is incomparably among the most patentable technologies, in that it is exceptional in attributes and nascent.[109] The main attraction in nanotechnology patenting is not only its size but also its ‘unique cross-industry pattern. Nanotechnology is exceptional compared with other technologies because it does not originates in a single branch of science like biotechnology, information technology etc.[110] The main characteristic of nanotechnology is its size. Surprisingly this is nearly the first new field in almost a century in which basic ideas, i.e. ‘the basic building block was patented at the beginning.[111] Patent rights give the rights holder an opportunity to gain economic and other related profits for a certain period as a reward for the invention. In case of nanotech research and invention there is a need for huge long term investments thus patent rights play a substantial role to recoup the investment of a company. Without a clear and sound patent regulatory system, large companies will be reluctant to invest in the field of nanotechnology and the development of nanotechnology invention will be hampered. Its no doubt that the rapid growth of nanotechnology will result a multiple field of application and jurisdiction and obviously will create a legal challenge in future IP regimes. The most basic issue is that whether nanotech inventions are patentable or not? In this chapter the ‘patentability of nanotechnology will be discussed in the light of European legal instruments and the WTO TRIPS Agreement. All inventions are not patentable. A patentable subject matter might not be (a) an abstract idea; (b) laws of nature; and (c) physical phenomena.[112] As mentioned, to qualify the patentability of an invention certain conditions must be satisfied. i) patent eligible subject matter; ii) utility; iii) novelty; iv) non-obviousness; and v) sufficient disclosure. In addition to the already mentioned patentability criteria, the claims have to be clear, brief and must be supported by the description.[113] The application of the inventions requires disclosing the invention is such a way as a whole that a person skilled in the art is being capable to carry out the invention.[114] There are not separate patentability rules for nanotech inventions. Thus any patent connected with the nano-field must fulfill the general requirements of patentability.[115] 3.1 Procedures at the European Patent Office: In Europe, an applicant can file a patent application either in the national patent office or in the Europe