A Comparative Analysis of Collegiality, Collective Bargaining, Confidentiality, Intellectual Property Rights, and Discrimination
COLLEGIALITY AND LOYALTY
Colleagues are those explicitly united in a common purpose and respecting each other’s abilities to work toward that purpose. A colleague is an associate in a profession or in a civil or ecclesiastical office. Thus, the word collegiality and loyality can connote respect for another’s commitment to the common purpose and ability to work toward it. >>Case Study: The unique structural characteristic of a collegial body such as the Supreme Court is the equality of formal authority of the members. Tension exists between the individual responsibility to formviews in each caseand thenecessity for cooperation to producecollective decisions in the Court’s collegial structure. Cooperation and the appearance of unity serve to increase power and respect for a collegial institution. Chief Justice John Marshall arranged accommodations in one boardinghouse to foster fellowship and developed the single opinion of theCourtto createasymbolofjudicialsolidarity (seeSeriatimOpinions). Yet, within the Court’s collegial structure, contemporary justices freely exhibit individualism, as seen in the increase of separate opinions. .
Collegiality does not
mandate unanimity but does demand loyalty to the institution and civil treatment of colleagues. Evidences of the justices’ strong commitment to the Court are long tenures, unanimity in cases that threaten institutional integrity, and resolution of internal difficulties without appeals for external intervention. Collegial relationships sometimes may be threatened by biting opinions, such asthosewritten by JusticeAntonin Scaliadirecting harsh languageatopposing justices.
COLLECTIVE BARGAINING>>Collective bargaining is a process of voluntary negotiation between employers and trade unions aimed at reaching agreements which regulate working conditions. Collective agreements usually set out wage scales, working hours, training, health and safety, overtime, grievance mechanisms and rights to participate in workplace or company affairs. [1] The union may negotiate with a single employer or may negotiate with a federation of businesses, depending on the country, to reach an industry wide agreement. A collective agreement functions as a labor contract between an employer and one or more unions. Collective bargaining consists of the process of negotiation between representatives of a union and employers (generally represented by management, in some countries [which?] by an employers’ organization) in respect of the terms and conditions of employment of employees, such as wages, hours of work, working conditions
and grievance-procedures, and about the rights and responsibilities of trade unions. >>Different economic theories provide a number of models intended to explain some aspects of collective bargaining: 1. Theso-called Monopoly Union Model(Dunlop, 1944) statesthatthemonopoly union has
the power to maximise the wage rate; the firm then chooses the level of employment. (Recent literature has started to abandon this model. [citationneeded] 2. The Right-to-Manage model, developed by the British school during the 1980s (Nickell) views the labour union and the firm bargaining over the wage rate according to a typical Nash Bargaining Maximin 3. The efficient bargaining model sees the union and the firm bargaining over both wagesand employment(or, morerealistically, hoursofwork). [citation needed] The underlying idea of collective bargaining is that the employer and employee relations should not be decided unilaterally or with the intervention of any third party. Both parties must reconcile their differences voluntarily through negotiations, yielding some concessions and making sacrifices in the process. Both should bargain from a position of strength; there should be no attempt to exploit the weaknesses or vulnerability of one party. With the growth of union
movement all over the globe and the emergence of employers’ association, the collective bargaining process has undergone significant changes. Both parties have, more or less, realized the importance of peaceful co-existence for their mutual benefit and continued progress
CONFIDENTIALITY>> Confidentiality is an ethical principle associated with several professions (e.G., medicine, law, religion, professional psychology, and journalism). In ethics, and (in some places) in law and alternative forms of legal dispute resolution such as mediation, some types of communication between aperson and oneoftheseprofessionalsare”privileged”and may notbe discussed or divulged to third parties. In thosejurisdictionsin which thelawmakesprovision for such confidentiality, there are usually penalties for its violation. Confidentiality has also been defined by the International Organization for Standardization (ISO) in ISO-17799 [1] as “ensuring that information is accessible only to those authorized to haveaccess”and isoneofthecornerstonesofinformation security. Confidentiality isoneofthedesign goalsfor many cryptosystems, madepossiblein practiceby thetechniquesof modern cryptography. Confidentiality ofinformation, enforced in an adaptation of the military’sclassic”need to knowβ principle, forms the cornerstone of information security in today’s corporations. The so called ‘confidentiality bubble’ restricts information flows, with both positive and negative consequences. [2]Both theprivilegeand theduty servethepurposeofencouraging
INTELLECTUAL PROPERTY RIGHTS >>Intellectual property (IP) is a term referring to a number of distinct types of creations of themind for which property rightsarerecognized—and thecorresponding fieldsoflaw. [1] Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property include copyrights, trademarks, patents, industrial design rightsand trade secretsin some jurisdictions Intellectual property rights is a legal concept that confers rights to owners and creators of the work, for their intellectual creativity. Such rights can be granted for areas related to literature, music, invention etc, which are used in the business practices. In general, the intellectual property law offers exclusionary rights to the creator or inventor against any misappropriation or useof work without his/her prior knowledge. Intellectual property law establishes an equilibrium by granting rights for limited duration of time. Every nation has framed their own intellectual property laws. But on international level it is governed by the World Intellectual Property Organization (WIPO). The Paris Convention for the Protection of Industrial Property in 1883 and the ‘Berne Convention for the Protection of Literary and Artistic Works’ in 1886 were first conventions which have recognized the importance of safeguarding intellectual property. Both the treaties are under the direct administration of the WIPO. The WIPO convention lays down following list of the activities or work which are
covered by the intellectual property rights->>>> Industrial designs Scientific discoveries Protection against unfair competition Literary, artistic and scientific works Inventions in all fields of human endeavor Performances of performing artists, phonograms and broadcasts Trademarks, service marks and commercial names and designations All other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.
>>Types of Intellectual Property Rights>> Intellectual Property Rights signifies to the bundle of exclusionary rights which can be further
categorized into the following heads- Copyright>> Copyright, one of the form of intellectual property right, offers exclusive rights for
protecting the authorship of original & creative work like dramatic, musical and literary in nature. Symbolized as “©”. >>Patent>> A patent is termed as the exclusionary rights given by the government or the authorized authority to its inventor for a particular duration of time, in respect of his invention. It is the part of the intellectual property right . >>Trademark>> The trademark or trade mark, symbolized as the â„¢ and ®, is the distinctive sign or indication which is used for signifying some kind of goods or/and services and is distinctively used across the business . Trade Secrets>> Trade secret points towards a formula, pattern, any instrument, design which is kept confidential and through which any business or trade can edge over its rival and can enjoy economic gain. Trade secrets can be . Utility Model>> The utility model is the intellectual property right for protecting the inventions. It is somehow described as the statutory monopoly which is bestow upon for the fixed
duration of time in exchange to the inventor for . Geographical Indication>> Geographical Indication (GI) signifies to the name or sign, used in reference to the products which are corresponding to the particular geographical area or somewhat related to the origin like town, region or nation. Industrial Design Rights>> Industrial design rights are defined as the part of the intellectual property rights which confers the rights of exclusivity to the visual designs of objects whichare generally not popular utilitarian. It safeguards the ….
>>Advantages of Intellectual Property Rights>> Intellectual property rights help in providing exclusive rights to creator or inventor, thereby induces them to distribute and share information and data instead of keeping it confidential. It provides legal protection and offers them incentive of their work. Rights granted under the intellectual property act helps in socio and economic development.
>>Intellectual Property Rights in India India has defined the establishment of statutory, administrative and judicial framework for protecting the intellectual property rights in the Indian territory, whether they connotes with the copyright, patent, trademark, industrial designs or with other parts.>>Trade Related Aspects of Intellectual Property Rights.>> It consists of- The Patents(Amendment) Act, 1999 which was passed on 10th March, 1999 in the Indian Parliament for amending the Patents Act of 1970 which in turns facilitate to establish the mail box system for filing patents and accords with the exclusive marketing rights for the time period of 5 years. The Trade Marks Bill, 1999 was passed in the India parliamentduring the winter session for replacing the Trade and Merchandise Marks Act, 1958. It was passed on 23rd December, 1999. The Copyright(Amendment) Act, 1999 was passed by both upper house and lower house of the Indian parliament and was later on signed by the Indian president on 30th December, 1999. The sui generis legislation was approved by both houses of the Indian parliament on 23rd
December, 1999 and was named as the Geographical Indications of Goods Bill, 1999. The Industrial Designs Bill, 1999 was passed in the Upper House of the Indian parliament for replacing the Designs Act, 1911. The Patents (Second Amendment) Bill, 1999 was itroduced in the upper house of the parliament for further amending the Patents Act 1970 andmaking it compliance with the trips.
DISCRIMINATION >>Discrimination is a sociological term referring to the prejudicial treatment of an individual based solely on their membership (whether voluntary or involuntary) in a certain group or category. Discrimination is the actual behavior towards members of another group. It
involves excluding or restricting members of one group from opportunit ies that are available to other groups. [1] The United Nations explains: “Discriminatory behaviors take many forms, but they all involve some form of exclusion or rejection.” [2] Discriminatory laws such as redlining have existed in many countries. In some countries, controversial attempts such as racial quotas have been used to redress negative effects of discrimination. Racial discrimination differentiates between individuals on the basis of real and perceived racial differences, and hasbeen officialgovernmentpolicy in severalcountries, such asSouth Africain theapartheidera, and the USA.
>> In the United States, racial profiling of minorities by law enforcement officials has been called racial discrimination. [3] As early as 1865, the Civil Rights Act provided a remedy for intentional race discrimination in employment by private employers and state and local public employers. TheCivilRightsActof1871appliesto publicemploymentor employmentinvolving state action prohibiting deprivation of rights secured by the federal constitution or federal laws through action under color of law. Title VII is the principal federal statute with regard to employment discrimination prohibiting unlawful employment discrimination by public and private employers, labor organizations, training programs and employment agencies based on race or color,religion, gender, and national origin.