Jesus Christ

Jesus Christ was born about 6 B. C. and was crucified about 29 A. D. He was the founder of Christianity. Jesus was born in Bethlehem, a village in Palestine five miles (8km) south of Jerusalem. Palestine was under Roman domination with Herod the Great as its puppet ruler. There is no way of reckoning Jesus’ exact birth date. The Christian calendar, devised in the sixth century, places the Nativity in the year 1 A. D. Most calendars, however, believe that Herod died in 4 B. C. and that Jesus was born two or three years earlier.The nativity has been celebrated on December 25 since the fourth century A. D. Luke tells of the decree of Emperor Augustus that required everyone to go to his native village to be taxed. Mary and her husband Joseph had to go from their home in Nazareth, Galilee, to Bethlehem, Judea. Jesus was born in a stable because there was no room in the inn. A manger (a feeding trough for livestock) served as a crib. Luke reports that shepherds came to worship him, and Matthew tells of the wise men from the east, who saw a brilliant star in the sky and came to pay homage to him.Herod, alarmed by the birth of a child described by the wise men as â€Å"King of the Jews,† ordered the massacre of all young children in or near Bethlehem in an attempt to kill Jesus. Joseph and his family escaped by fleeting to Egypt. After Herod died Joseph took his family back to Nazareth. The parents were devout Jews. Jesus received careful religious instruction and spent much time in studying the Scriptures (Old Testament). His language was Aramaic, a Semitic tongue. Joseph was a carpenter, and Jesus probably learned the trade. Mark (6:3) reports that Jesus had four brother and these were James, Joseph, Judas, and Simon.

Succubus Heat CHAPTER 11

Cody asked the obvious question. â€Å"So†¦if he's gone †¦how did that happen?† Hugh rubbed his eyes. â€Å"He was summoned.† â€Å"Oh, shit,† said Peter. His fun-in-the-sun joy disappeared. He looked as grim as Hugh and me. â€Å"That changes everything.† I glanced between him and Hugh, feeling as naà ¯ve as Cody. â€Å"What's that mean exactly? I've heard of summoning, but that's about it. I don't know any specifics. I don't know anyone it's happened to.† Peter nodded. â€Å"Me either, but I know what it is. Basically, a powerful human calls and binds a demon to his or her will. That human can then imprison and control the demon.† â€Å"Like Marlowe's Dr. Faustus .† We all turned to stare at Cody. Citing highbrow literary references was usually my thing, not his. â€Å"What?† he asked, looking uncomfortable under our scrutiny. â€Å"I had to read it in high school.† I looked back at Peter. â€Å"Okay, we're immortal, and we could never even scratch a demon. How could a human control one?† â€Å"Humans who use magic wield a different kind of power than immortals. Besides, from what I've heard, those who summon demons often have help,† explained Peter. He glanced at Hugh for confirmation. â€Å"From another demon,† the imp said. â€Å"Whoa. Let's go back to the part about controlling demons. What exactly is this human making Jerome do?† asked Cody. â€Å"Probably nothing,† said Hugh. â€Å"Or else someone would have found him by now. My guess is he's just being hidden.† Cody frowned. â€Å"Why? If you've got a pet demon, why not use him? Otherwise, what's the point?† It all came together now. â€Å"To get him out of the picture,† I said slowly. â€Å"That's it. The final piece in all this weird demon intrigue. That's what all the misdirection was building toward.† â€Å"Right. Cedric gets rid of Jerome, and suddenly there's an opening in Seattle for a new archdemon. And if Jerome doesn't return soon, they will get a new archdemon and reestablish the hierarchy here.† Hugh gestured to all of us. â€Å"The status quo will resume.† â€Å"Let's stick to ‘when' he returns and not ‘if,'† I said. â€Å"And I don't think Cedric's behind it.† â€Å"Of course Cedric's behind it,† said Hugh. â€Å"They've been fighting over territory, right? You of all people should know that.† I shook my head, recalling Cedric's exasperation and Nanette's smug look. â€Å"No†¦I think Cedric's being set up here. If you ask me, it's Nanette who's behind it.† I gave them a quick recap of my observations of her with both Cedric and Jerome. Hugh arched an eyebrow. â€Å"Portland Nanette? She's hot, I'll give you that, but she's not that strong.† â€Å"All the more reason for her to mess with Jerome and Cedric. She's been worried about them dragging her into their turf war. Besides, if she combined her power with a human capable of a summoning†¦Ã¢â‚¬  â€Å"Yeah,† he admitted. â€Å"She could maybe do it†¦but that doesn't mean she did. My money's still on Cedric.† â€Å"Wouldn't she get in trouble for that?† asked Cody. â€Å"Only if she's caught,† said Peter. I sighed. â€Å"And in the meantime, this is bad for Jerome.† â€Å"Glad to see your powers of stating the obvious didn't disappear with your shape-shifting,† remarked Hugh. I shot him a glare. â€Å"I mean reputation-wise. Nanette told me lots of people have been keeping an eye on Jerome because of all the stuff that's gone down here-particularly with letting nephilim escape. They think he can't keep control. Even if he surfaces tomorrow, I've got to imagine that getting summoned in the first place won't look good.† â€Å"It won't,† agreed Hugh. â€Å"In fact, that's the other reason I stopped by. A bunch of demons are having a meeting tonight to talk about replacing him. Back room of the Cellar at seven.† â€Å"Wow, they move fast,† said Cody. â€Å"It's nothing official. Once word got out that Jerome was gone, every demon maneuvering for power moved in like that.† Hugh snapped his fingers. I refrained from pointing out that all demons were maneuvering for power as a general rule. â€Å"They're mostly just here to assert themselves-show how tough they are, cozy up to Grace and Mei. They might try to schmooze us a little, actually.† â€Å"Why? We don't have any say in this,† said Peter. He glanced between us all. â€Å"Do we?† â€Å"No, but eventually someone from Management will come here to size up the situation and will talk to us in their assessment. Everything plays a part. Those wanting the position will strut around, show how they could keep this place in line, and put their bids in.† â€Å"Is Nanette going to be at this meeting?† I asked suspiciously. â€Å"Yes,† said Hugh, eyeing me. â€Å"And so will Cedric.† I eyed him right back. â€Å"I'm telling you, it's not Cedric. I'm certain of it.† â€Å"What, you have donuts with him for a week, and now you guys are BFF?† â€Å"No, but I know him better than you do. And I think I understand Nanette better than you too,† I shot back. â€Å"So, you guys†¦Ã¢â‚¬  began Cody, a questioning note in his voice. â€Å"Are you sleeping with Cedric?† Hugh demanded. â€Å"Are you playing both sides now?† â€Å"No!† â€Å"It kind of sounds like it.† â€Å"You guys,† repeated Cody. â€Å"Look,† I said, â€Å"you just want to believe Nanette's innocent because you think she's hot.† â€Å"She is hot. For a demon.† â€Å"You guys!† yelled Cody. We turned to him. â€Å"What about us?† â€Å"What about us?† I asked. â€Å"What are we?† Cody's face was pinched and worried. Like Peter, he no longer seemed that excited about his newfound freedom. â€Å"Are we human?† I opened my mouth to answer and then fell silent. I honestly didn't know. Hugh glanced at me and shrugged. â€Å"Not exactly,† said Peter. â€Å"I think we're kind of†¦in stasis. We're neither mortal nor immortal.† â€Å"We have to be one or the other,† argued Hugh. â€Å"There's no purgatory equivalent to mortality.† Peter shrugged. â€Å"Hell's still got the lease on our souls. That's not going to change, no matter who our archdemon is. Removing him from the equation cuts us off from the abilities we get with immortality, but that's temporary.† â€Å"But does it cut us off from immortality itself?† asked Cody. â€Å"Can we die?† Silence fell. â€Å"Shit,† said Hugh. â€Å"I think†¦Ã¢â‚¬  Peter bit his lip. I had a feeling he was at the end of his knowledge on this subject. â€Å"I think they'd bring us back if we did.† â€Å"You think ?† asked Cody incredulously. Peter threw up his hands. â€Å"I don't know! This has never happened to me before, okay? Maybe we are human. Maybe we can get sick. Maybe we can lose in a fight. Maybe Georgina'll get her period. I don't know, okay?† â€Å"Whoa,† I said, straightening up. â€Å"What do you mean-â€Å" â€Å"Just stop it, all of you,† exclaimed Hugh. â€Å"We're not going to figure any of this out right now. Just go to the meeting and find out there. Grace and Mei are trying to manage things for now, and they'll know what's up. No point in panicking now.† We sat there, and I knew that despite his words, we were all indeed panicking. My stomach was rolling, but this time, it wasn't a reaction to the severing of my bond with Hell. This was born of pure terror. When things were bad in my life-particularly after Seth and I had broken up-there had been times when I'd hated immortality. Death had sounded appealing. I honestly hadn't been able to fathom how I could endure the centuries to come and had envied the finite life spans of humans. But now? Faced with the idea that I could actually die? Suddenly, desperately, I wanted to cling to my immortality with every scrap of my strength. Death was bleak, dark, and frightening. All the world's dangers descended on me at once, all the things I'd hitherto been able to ignore. Car accidents. Electrocution. Bird flu. The world was no longer safe. If the vampires felt any such fears, they apparently decided it wasn't going to get in the way of their last few days as free men. They rose as one and made motions to leave. â€Å"Well, if Jerome's going to get replaced with or without us, then there's no point sitting and moping,† said Peter. â€Å"We got cut off without warning,† I told him. â€Å"We could get reconnected to Hell's circuit board just as suddenly, you know. Aren't you a little nervous about getting caught out in the sun?† â€Å"They're not going to make any decisions in the next five hours,† said Peter brashly-too brashly, I thought. He paused a moment, his gaze drifting to my window and the blue sky beyond it. There, in his dark eyes, I saw the tiniest, tiniest bit of longing. It occurred to me then just how much he must have missed the sun these last thousand years or so. Like the rest of us, he'd willingly sold his soul for immortality. Along with that, he'd gotten superhuman strength and speed in exchange for a dependency on blood, a denial of sunlight, and a job as a dispenser of fear and nightmares. I certainly had regrets about my hellish deal some days; no doubt he did too. And maybe, despite his lax, overconfident attitude about the sun, he truly was aware of the risk of getting fried-and thought it was worth it after all this time. He and Cody left, leaving me and a still bleak-looking Hugh. I gently touched the imp's shoulder. â€Å"I'm sure this'll work out.† He cut me a wry look. â€Å"Really?† I laughed softly. â€Å"No, not really. I'm just trying to make you feel better. I never realized before how much you liked your†¦what would you call it? Imp vision?† This finally got him to smile. â€Å"You always thought of me as a paper pusher?† â€Å"Nah, no one uses paper anymore. It's all electronic.† â€Å"Not in Hell,† he said, standing up. â€Å"They kind of like cutting down forests.† I followed him to the door. â€Å"Well, hang in there, and I'll see you tonight.† â€Å"What are you going to do with your newfound freedom?† he asked, hand on the doorknob. I frowned. â€Å"What do you mean? This whole thing isn't quite the same for you and me as it is for the vampires.† The look Hugh gave me then was genuinely amused and almost pitying. â€Å"Georgina. Your shape-shifting and other abilities are fueled by human life. If you can't do those things, then you don't need the energy-just like Cody and Hugh don't need blood. Can't you feel it? The whole system's probably shut off.† I froze and almost stopped breathing for a moment-which might not have been so wise in my current state. † What ?† He laughed again. â€Å"How could you have not considered that?† â€Å"Well†¦because I was more focused on the entire fabric of Seattle's demonic hierarchy being unraveled. That and the possibility that we could all die.† Inside, my mind was replaying his words over and over, like a record that kept skipping: You don't need the energy, you don't need the energy†¦ I shook my head. â€Å"I can't believe that. It isn't possible.† I'd wanted it for too long, the ability to be with someone without the dire side effects. It was one of those things you always longed for but knew, deep down inside, could never happen. Like winning the lottery. Or, um, living forever. â€Å"Neither is a vampire going into the sun,† said Hugh. â€Å"Yet here we are.† He leaned down and kissed my cheek. â€Å"Think about it. This is a once in a lifetime-er, eternity-chance.† He started to leave, and then something I'd nearly forgotten about popped back into the forefront of my mind. â€Å"Hugh? Did you get my message earlier? About the Canadian Satanists?† After everything else, a few signs on the Space Needle suddenly seemed absurdly unimportant. â€Å"Yeah,† he said, with a grimace. â€Å"They had a huge spectacle there, freaked people out. They made the news and got arrested. Not sure what'll happen now. The international thing makes it all interesting.† â€Å"Were you able to tell Jerome?† â€Å"No, couldn't get a hold of him-not surprising if that was near the time of the summoning. I ended up getting a hold of Mei, and I think she did something to minimize how much the media found out. She was hoping that nobody in Management would notice.† â€Å"Yeah, well, they're all noticing us now.† Hugh's face was hard as he nodded his agreement. â€Å"That's an understatement. Have fun, sweetie.† He departed, leaving me standing there and staring at the door. I was still breathing heavily, my heart thudding in my chest. I needed to calm down and think this through. After all, who knew what could happen if I had a panic attack? Would I go into cardiac arrest or something? All bets were off now. Anything was possible. I sank down to the floor, wrapping my arms around myself, and focused on slowing my breathing. This was all too surreal. I couldn't process it. It wasn't possible that I could be mortal. It wasn't possible that I could die. It wasn't possible that I could actually touch a man without harming him. Over and over I told myself those things. Meanwhile, Aubrey strolled over to me and rubbed her head against my leg. Reaching out, I stroked her back, barely aware of my actions. What was I going to do? We had five hours until the meeting, which couldn't come soon enough as far as I was concerned. I needed answers now . I couldn't live with this uncertainty. My heart started racing again. Fuck. I really was going to have a heart attack. Hugh was a doctor in his day job; maybe I should call him about my blood pressure. Call†¦ An idea hit me then, and I stood up to go find my purse. Producing my cell phone, I dialed Dante. If anyone might know about this, it would be him. He probably wouldn't know the intricacies of how this affected my infernal standing, but he had to know something about demon summoning. Dark magic was his specialty. Besides, I wanted more than just his expertise. I suddenly just wanted†¦well, comfort. I wanted to see him. I wanted him to hold me and reassure me. I needed him to tell me everything was going to be okay. But the phone rang and rang without answer, sending me to his voice mail's friendly message: â€Å"Talk.† So much for that plan. I disconnected and leaned against my counter. Slowly, steadily, I felt my brain waking up, trying to find a scrap of reason through my fear. It wasn't in my nature to be passive. I had to do something about this. I couldn't wait until tonight for answers. â€Å"Let's research this ourselves, Aubrey,† I said. The average human knew nothing about the true nature of Heaven and Hell and how we operated. Yet, every once in a while, if you looked hard enough into arcane writings, you could stumble across a piece of truth that some adept mortal had uncovered. Ninety-nine percent of what I'd find would be inaccurate, but an Internet search could uncover some grain of truth about demon summoning. It was a total long shot, but it was the best I could do for now. Only, when I went to get my laptop, I discovered an unfortunate fact: I'd left it at the bookstore. I groaned. Now what? Another plan shot down. You idiot , a voice inside me chastised. You're a few blocks away. Get off your ass and get it . That logic made perfect sense, of course. Until I looked out the window. The same fear I'd had earlier returned. The cars moving along Queen Anne Avenue seemed too fast, the wind stirring the trees too strong, the people on the sidewalk too dangerous. How could I go out there? How could I put myself at risk? Better to stay in here where it was safe. And yet†¦how could I wait around? I was going to go crazy if I sat here. Glancing down at Aubrey, I saw her watching me with her green eyes. She had that infinitely wise look cats had sometimes. It wasn't exactly encouraging, but it soothed me a little. Okay. I could do this. I found my coat and started to shape-shift my messy hair into a neat arrangement-except, of course, I immediately realized I couldn't shape-shift it. Not a problem, I assured myself. I did my hair all the time when I wasn't in a rush. This was no different. With a quick dash to the restroom, I brushed my hair into a sleek ponytail and prepared to face the world. Stepping outdoors, I was blasted with stimuli. I stood on the steps to my building, shell-shocked and unable to move. This had never happened to me. Never, never had I been afraid of the world. I'd always rejoiced in it and been eager to see what it had to offer. Slipping my hand into my purse, I reached for my cigarettes, seeking them like a safety blanket. When I took them out, I realized something else. I wasn't necessarily immune to them anymore. This stasis probably wouldn't last long†¦but how could I risk it? How could I expose myself to carcinogens when I had no idea how vulnerable I truly was? Putting the cigarettes back, I took a deep breath and plunged forward. The distance to the store was barely three blocks, but it felt like miles. I walked as far away as I could from traffic and flinched each time someone passed me. When I finally reached the intersection to cross over to Emerald City, I was sweating. Queen Anne Avenue is not an overly crazy road. This particular spot had three lanes and steady traffic, with a moderate speed of 30 (which meant people could usually be found going 35?C40). Nonetheless, standing there, I might as well have been trying to cross I-5 itself, with five lanes racing in each direction. The crosswalk was red, giving me time to build up courage and remind myself that I'd crossed here hundreds of times-jaywalking more often than not. I was being irrational, freaking out at things I had no business worrying about. The light dinged and gave me the go-ahead. I set out, each step agony. I'd almost reached the far curb when a Honda turning on red from the cross street suddenly pulled into the intersection, having only checked for cars and not pedestrians. Seeing me, the driver slammed on her brakes a bit more harshly than she probably needed. They squealed, and the car came to a stop about two feet from me. While moderately alarming, this wasn't anything that probably would have scared me too much under ordinary circumstances. The car had stopped, after all, and I was almost across anyway. Yet, I was so on edge already that when I heard the brakes and saw how close she was, I simply froze. I stood there, caught-literally-in the headlights. I couldn't think or move. It was so stupid. Seven more steps, and I would have been safe. The woman's panic over avoiding me turned to annoyance when she realized I was blocking her way. She pressed down on her horn, which was a particularly loud and obnoxious one. Unfortunately for her, it was ineffectual. If anything, the noise simply froze me up more. Suddenly, someone grabbed a hold of my arm and started tugging me to the curb. The bitch in the Honda kept honking, and I think I was nearly as startled by it as I was when Seth yelled to her, â€Å"Oh, shut up already!† His steady hands guided me to the sidewalk where I promptly froze up again, oblivious to the curious cars and pedestrians. Cupping my face, he forced me to look up at him. His eyes were like warm molasses, and something about them spread comfort through me and brought me back to myself. â€Å"Georgina, are you okay?† My whole body trembled, and it took me a moment to gather myself and speak. â€Å"I†¦I think so†¦Ã¢â‚¬  His voice was so, so gentle when he spoke. â€Å"What happened there?† I blinked back tears. â€Å"Nothing†¦that is†¦Ã¢â‚¬  I couldn't finish. I was going to break down, then and there, right on Queen Anne Avenue. I hated myself for being so weak and scared. â€Å"Never mind,† said Seth, taking hold of my arm again. â€Å"It doesn't matter. You're safe. Let's go inside.† If any of my co-workers saw Seth leading me through like an invalid, I didn't notice. In fact, I was barely aware of the trek at all until we were inside my office. Seth sat me down and then shut the door. He leaned down toward me. â€Å"Do you need anything? Water? Something to eat?† Slowly, almost robot-like, I shook my head. â€Å"N-no. I†¦I just came for my laptop.† The normal look of timidity he'd worn around me lately had vanished, replaced by something stern and concerned-something that wouldn't rest until he knew I was okay. He was no longer the shy author who feared looking at me and always gave me a wide berth. He was once again the man I'd dated, the man who'd always been able to read my moods and step up to help. â€Å"Georgina, please. Please tell me what happened.† It looked as though my tears were going to stay away, and now that I was indoors, in familiar territory, I allowed myself to feel a little braver. â€Å"Why are you being so nice to me again?† He frowned. â€Å"Why wouldn't I be nice to you?† â€Å"Because†¦because†¦I wasn't very nice to you the last time we talked. Even after you gave me the book.† He made a noise in his throat, almost like a laugh, but not quite. â€Å"You weren't yourself, not after all those drinks. It's fine.† â€Å"I don't know,† I said contrarily, â€Å"maybe I was myself.† He shook his head. â€Å"It wouldn't matter. Now tell me, what happened out there?† The warmth in his voice, the concern†¦it was tearing me apart. There was something so familiar and safe about him that I longed for right now, and I couldn't evade him. â€Å"It's†¦complicated,† I said at last. â€Å"Immortal intrigue?† I nodded, feeling tears well in my eyes again. Fuck. I think half of my emotion now was from the way he was looking at me and had nothing to do with the rest of my life's madness. I stood up and looked away, hoping he wouldn't see my face, but it was no use. â€Å"Georgina, what's happened? You're scaring me.† I dared a glance back. â€Å"You†¦you wouldn't believe me if I told you.† His face was still filled with worry, but the hint of a smile turned up the edges of his lips. â€Å"Can you seriously believe that after half the stuff I've seen you go through? Try me.† â€Å"Fair enough,† I admitted. â€Å"But I don't want to get you involved.† â€Å"I want to help,† he said, moving closer. His voice was like velvet, wrapping me up in softness and security. â€Å"Please. Tell me what's going on.† I wanted to tell him there was nothing he could do, but suddenly, words spilled from my lips. â€Å"Jerome got summoned-which means he's trapped somewhere and-â€Å" â€Å"Whoa, wait. Summoned? Like in Dr. Faustus ?† â€Å"Um, yeah. And so long as he's gone, we're all in this weird state. Peter calls it ‘stasis.' None of us have our pow-abilities anymore. I can't shape-shift. Hugh can't see souls. The only ones who are happy about this are the vampires because they can go in the sun again, which'll probably end up killing them. And if we don't find Jerome soon, someone else is going to take over here, and I really don't want that. And yet†¦I really don't want to go another second like this either, being in this limbo. I want everything to go back to how it was.† Seth's face was unreadable as he regarded me for several heavy seconds. Finally, he said, â€Å"Is it†¦is it so bad going without shape-shifting?† I shook my head and began to ramble further. â€Å"It's not that. It's the fact that I may not be immortal anymore. I can't†¦I can't handle that. Coming here was horrible. The walk from my apartment. I'm afraid of everything. It's stupid. I mean, you guys-humans-get by all the time and don't think about it. But I'm scared to leave the house. Scared of what could happen to me. And when that car didn't see me right away-fuck. I just froze. I was paralyzed. God, I feel like an idiot. I must sound crazy.† At long last, a tear leaked out of the corner of one eye, the final stamp on my weakness. Seth reached out and gently wiped it away. He didn't withdraw his hand when finished, though. He slid it to my shoulder and pulled me to him. I rested my head on his chest, swallowing back more tears as I sank into the protection he offered. â€Å"Georgina, Georgina,† he murmured, running his hand over my back. â€Å"It's going to be okay. Everything's going to be okay.† Those words†¦there was something so wonderful about them, simple as they were. When people are distressed, others have an instinct to want to actually do something tangible to help-men in particular. And there's nothing wrong with that-often, it's very much desired. But what a lot of people don't get is that sometimes, all that's needed is to hear those words: Everything's going to be okay . It's enough to know that someone's there, that someone cares about you. It isn't always about the next logical course of action. My next words, spoken into his Hong Kong Phooey shirt, came out muffled. â€Å"I don't know what's going to happen. With any of this. I'm so scared. I don't think I've been this afraid since I thought Roman was going to kill me.† â€Å"Nothing will happen to you. You said yourself this won't last more than a few days. Just wait it out.† â€Å"I don't wait very well.† He laughed and leaned his cheek against my forehead. â€Å"I know you don't. Don't worry. Most of us do far more dangerous things than walk two blocks, and we survive just fine. Yeah, that car kind of sucked, but even still, nothing happened.† â€Å"It's two and a half blocks,† I corrected. â€Å"Not two.† â€Å"Right. I forgot that extra half one where the sharks and land mines are.† I pulled away slightly so that I could look into his face. His arms stayed around me. â€Å"I have to find Jerome, Seth.† His smile faded. The worry returned. â€Å"Georgina†¦if you want to stay safe, going after him probably isn't the way to do it. You don't always have to take this stuff on yourself, you know. Let someone else look for him. Stay home.† â€Å"That's the thing†¦I'm not sure anyone will be looking for him. Why would the other demons want him back? They want his territory. They aren't going to be happy if he's found.† Seth sighed. â€Å"Great. Now I'm the one worried about you leaving the house.† â€Å"Hey, I thought you said everything was going to be okay?† â€Å"Gotta be careful what I say.† Eyes thoughtful, he reached up and smoothed some hair on the side of my head. â€Å"Why are you so brave?† I scoffed. â€Å"Are you insane? Didn't you just witness my near breakdown?† â€Å"No,† he said gently. â€Å"That's the thing. You are scared. You don't know what's going on or what could happen to you. Yet, in spite of that fear and uncertainty, you're going to throw yourself out there to hunt him down. No one else would do that, and you do that kind of thing all the time.† Inexplicably, I flushed under his praise. â€Å"I was only going to do a Web search.† â€Å"You know what I mean. I think you've got more courage than anyone I know-and what's truly amazing is that it's so subtle, hardly anyone ever notices. You do so much, and it goes unseen. I wish I was that brave sometimes.† â€Å"You are,† I said, growing increasingly unsettled by our proximity. I also noticed then that he was still smoothing my hair back. â€Å"What are you doing to my hair? Does it look bad or something?† â€Å"Your hair never looks bad.† He dropped his hand sheepishly. â€Å"It's just†¦a little messier than usual.† â€Å"I brushed it fifteen minutes ago!† Seth shrugged. â€Å"I don't know. It's just kind of frizzy, but that's probably normal. There's a little humidity out.† â€Å"Frizzy? My hair's never frizzy.† â€Å"Georgina,† he said wearily. â€Å"Considering everything else going on, I don't think you need to worry about your hair being frizzy.† â€Å"Yeah, yeah. You're right.† I made a face. â€Å"I just feel like I got a raw deal here. The vampires are having a non-stop party. Me? I somehow get bad hair. Not sure the energy break is really worth it.† Seth tilted his head, face puzzled once more. â€Å"Energy break?† â€Å"Yeah. Along with everything else, I lost the need for life energy, so I'm not-â€Å" I stopped. The world stopped. I met Seth's eyes, those beautiful golden-brown eyes that were filled with utter and complete shock as we both realized the full weight of what I had been about to say. His hold on me stiffened. The casual embrace suddenly became so much more. I was acutely aware of every place we were touching and exactly how much distance was between the places we weren't touching. He felt warm, so wonderfully warm, and every place he touched me tingled-not necessarily in a sexual way but in a Oh my God, it's Seth way. My entire body was on full alert, waiting and watching-and hoping-for him to touch me more. He swallowed, eyes still wide. â€Å"So you aren't†¦I mean you can†¦Ã¢â‚¬  â€Å"Yeah,† I said, my own voice husky. â€Å"That's the theory, at least. I haven't really tested it†¦Ã¢â‚¬  My words faded off because they didn't matter. My relationship with Seth had been plagued with a hundred small problems, everything from communication to trust and the myriad details in between. And always, always underneath that had been the knowledge that we could never be physically close. Oh, we'd been able to hug and do some kissing-there was even a fair amount of tongue we could get away with before my succubus hunger started stealing his life. But ultimate intimacy? Sex? Making love? It was totally off-limits, and that denial had tortured both of us, no matter how much we talked about love being the most important part in a relationship. And now†¦here we were. Those barriers were removed. I hadn't tested if my succubus stealing really was gone, but I didn't need to. I could feel it, as Hugh had said. The perpetual craving that always lurked within me was completely dormant. I could touch and kiss anyone without restraint. I could touch and kiss Seth. There was nothing standing between us now. Well, except for one thing. A knock sounded on my door. â€Å"Georgina? Are you in there?† Maddie called. It was like cold water in the face. Seth and I sprang apart. He backed toward the door, and I promptly sat down at my desk. My heart was pounding again. Damn it. I was going to have to talk to Hugh and get an anti-anxiety drug. â€Å"Yeah, come in,† I called. Maddie stuck her head in, surprised to see both of us. â€Å"There you are,† she said to Seth. â€Å"I just got here and couldn't find you.† Seth was still in shock. â€Å"I†¦yeah†¦I saw Georgina was here and stopped by†¦Ã¢â‚¬  Maddie peered at me. â€Å"You okay? You look a little worn out.† Her eyes flicked to my hair and then back to my face. â€Å"Did you just wake up?† Apparently, I no longer looked like I was on the verge of a nervous breakdown, which was something. I hadn't liked the way she eyed my hair. â€Å"Well, not exactly. It's, uh, been a long day.† I stumbled over my words. I was so flustered, I could barely string a coherent response together. Seth's presence was like the sun, blinding me and warming me all over, and Maddie was making me feel guilty and dirty for enjoying that sun. â€Å"Is everything okay with your family?† she asked. â€Å"My-oh, yeah, they're okay. Still just a little crazy, but it'll, um, pass.† I stood and picked up the laptop, hoping I sounded casual and calm. I needed to get out before I said something stupid. As it was, I couldn't even make eye contact with Seth now. â€Å"I really just came by for this.† Maddie studied me a few seconds longer and must have decided I was more or less telling the truth. She relaxed and seemed oblivious to me trying frantically to get to the door. â€Å"Hey,† she said, â€Å"I was thinking you might not need to go to California for beaches.† â€Å"For†¦what?† â€Å"Remember our conversation at Mark's?† â€Å"Er, yeah.† Miraculously, I did. The condo thing, when I told her I had a beach itch. â€Å"I have the perfect solution: Alki.† â€Å"Alki?† asked Seth, confused. â€Å"It's a secret.† She winked at me. â€Å"I thought that might be a good place to start looking. What do you think?† â€Å"Sure. Sounds great.† Alki Beach was a region of West Seattle that stuck out into Puget Sound. While it was a far cry from a Cyprian beach, it was, well, a beach. And if agreeing that it was a good idea would get me to the door†¦ â€Å"Cool! And what about dancing?† â€Å"Huh? What about it?† I probably looked like a deer in the headlights again. This agitated state of mine didn't make for good topic-jumping. â€Å"Teaching salsa. I mentioned it to Beth and Casey, and they were pretty excited.† â€Å"Oh. Yeah. Sure. I can do that.† I was seriously about to agree to anything to escape. Her face lit up. â€Å"Oh, thank you! Is this week too soon? I bet we could get everyone together on, oh, Thursday.† â€Å"Sure, sure, that's fine.† I was almost at the door. â€Å"Oh, thank you! This'll be fun. I'll double-check the day with everyone and e-mail you. If something comes up†¦I mean, I know you're under a lot of stress†¦Ã¢â‚¬  I waved it off. â€Å"It's fine, really. Have a good night, okay?† I put on a winning smile and quickly walked past both of them. As I stepped out the door, though, I glanced back and met Seth's eyes. My smile faltered. A thousand messages passed between us, just as they used to when we were dating. Only this time, I wasn't sure what any of them were saying. I kept walking, suddenly realizing I had a lot more than mortality to worry about.

Cloud Atlas Film Analysis Movie Review Example | Topics and Well Written Essays - 1000 words

Cloud Atlas Film Analysis - Movie Review Example At some point, one may be able to say that the film is a combination of various issues about life in the society that have dynamic link to religion, philosophy, politics, socio-economic and socio-political, science and so on. The film is broad in its concept, because it tries to depict almost all of these aspects within its entire storyline. On the other hand, at some point, we know that this film employs many characters because of the various settings and time involved. Perhaps, one will be able to grasp the point why for instance, Hanks, Berry and Grant were given multiple characters in the film is to be able to save on the necessary costs and to meet other relevant considerations in the actual film making. However, the writer and the director of the film did not make it by mistake or may have intentionally employed it that way. In fact, as far as spiritual and religious concepts are concerned, there is a point to consider that the characters have significantly moved to a life of t ransformation, some of them were led to being good and the other evil, the very reason why for instance, they might have essentially played different characters from various time settings. From the philosophical standpoint, the concept of good and evil is therefore primarily employed in the movie film. Cloud Atlas therefore is trying to depict the whole picture of what we can substantially observe today particularly in various principles that the human race has significantly embraced. Therefore, we can say that the movie is a story of our lives, yesterday, today and in the days to come. Since it is not only confined in the past and at present time, it is also good to discuss about the essence of employing the future within the film. The futuristic setting of Cloud Atlas has something to do with the influence of the directors. Lana and Andy Wachowski are the directors of the film â€Å"The Matrix† and who happened to be the directors of the Cloud Atlas. We substantially know t hat the â€Å"The Matrix† is not only rich in philosophical concepts, but including other areas of life like spirituality, science, politics and so on, which are issues integrated in the film and projected to take place in the future (Watkins 19). It is the same trend which happened in the movie Cloud Atlas especially in the futuristic Korea in 2144. The directors are therefore fascinated to reveal or say something about the future of the human race. They are not only after of showing a high calibre form of entertainment in this sense, but above all, they want to explicate a very important message, something that will remind us of our actions today, and will warn us to leave away those will not contribute to the good of the majority in the days to come. In fact, with our inability to foresee the things to come ahead of us, the directors were fascinated to essentially include year 2346 in the plot or the storyline. This is to showcase the probable level of societal advancement in the future. From the point of view of the directors, society will then to undergo post-apocalyptic experience, where civilization might turn very primitive and language might end up to a weird hybrid, just as truly what the movie has clearly depicted. In other words, the movie film is full

CORPORATE GOVERNANCE Essay Example | Topics and Well Written Essays - 2500 words

CORPORATE GOVERNANCE - Essay Example aller subtitles such as ‘corporate governance’ and ‘implementation of corporate governance principles and recommendations in the UK and the US’ in order to cover the topic exhaustively. The conclusion section summarizes the main issues discussed in the paper and makes inferences where appropriate. Corporate governance refers to a set of laws, policies, institutions and customs that affect the manner in which a corporation is controlled, administered, or directed1. Corporate governance also incorporates the corporation’s goals of governance and the relationships among its numerous stakeholders2. The major stakeholders in any corporation include the board of directors, management, and shareholders or members. Others include regulators, suppliers, creditors who include bond holders and banks, customers and employees or labour. For non-profit organizations as well as other membership organizations, their shareholders are their members. Corporate governance is a many-sided subject3. One of the most important themes of corporate governance is ensuring the accountability of particular individuals in the corporation. This is achieved through mechanisms aimed at reducing or eliminating altogether the problem of principal-agents. Corporate governance also helps in improving economic efficiency by emphasizing on the welfare of the shareholders. Corporate governance also has encompasses other subjects such as the view of stakeholders and corporate governance models4. Modern corporations have increasingly renewed their interest in corporate governance practices, particularly since 2001. This has been attributed to the high profile crumbling of numerous big corporations in the United States, including MCI Inc and Enron Corporation. For instance, the US federal government enacted the Sarbanes-Oxley Act in order to restore the confidence of the public in corporate governance5. Corporate governance involves a number of parties such as the regulatory body that

The Immigration Reform Bill of 2013 Coursework Example | Topics and Well Written Essays - 1750 words

The Immigration Reform Bill of 2013 - Coursework Example The entire process of deportation is another factor that sends back another major chunk of young people who have grown up and studied in American colleges, thereby sending away a huge chunk of the talent within these colleges. While authorities stay strict, the government is bearing the brunt of the corporate and banking sectors who are forced to undertake industrialization due to the outflow of such talent from their companies. The Immigration Reform Bill sought to address issues from both the government and people’s point of views. And whether it succeeds or not depends upon the election of the minister who is most vehement and active in getting the House to agree to this Bill. The play designed in this article uses five theatrical techniques to highlight the range of events that occur in this politician’s life, till the final verdict of the election, in which he gets to know if he is elected or not. The first act (Act I) has three scenes. The first scene is a congregational meeting held at a Church service, to commemorate the death of the younger brother of this politician. Key characters in the play, like the rival politicians and business magnets who influence them, are introduced in this meeting. The political leader although in silence is aware of the brewing political tension in the minds of these guests attending the congregation. The scene uses thought tracking (Mackey & Cooper, 2000, 50) done by another key character of the play Adam Xavier, who is himself a 40-year-old high profile journalist familiar with the power players of this game. His observations and dialogues familiarize the audience with the real tension that is present in the thoughts of the characters of the play.  

Electric Wheel Chair Training Method Essay Example | Topics and Well Written Essays - 750 words

Electric Wheel Chair Training Method - Essay Example When addressing the history of the organization, the voice should be audible to the audience to aid understanding by the audience. On the other hand, confidence is a fundamental aspect when handling orientation to company policies. Self-belief is a significant presentation skill when orienting new employees in the organization. Confidence gives the audience the hope that the trainer is outlining the organization guidelines; the self-assurance portrayed by the trainer play a great role in the understanding of the audience. During the orientation to company rules, confidence should be displayed by the trainer. This helps in laying a firm foundation to the new employees on the issue of the company rules and regulation (TimeToMarket, 2014). In order for a trainer to be able to handle the manufacturing plant and the safety protocols, the trainer requires to have the presentation skill to maintain eye contact with their audience. For instance, by maintaining the eye contact with preferred spectators, the new employees become very serious because they tend to think that the trainer is keen on them. In addition, by attaining the trainee attention, the trainer can tackle the manufacturing procedures, which are followed during the production of products. Moreover, having the attention of the trainees, the trainer can point out the safety precaution to be adhered to while in the organization location. However, when training new members on the different parts of the electric wheelchair parts, the presentation pace should be relatively slow. In this context, the instructor should ensure that the pace of explaining and showing the sections is a bit slower. In this regard, the trainees can understand every section that is explain ed to them. In the same context, the coach should ensure that their speed is neither too fast nor too slow; this enhances the perceptive comprehending of the

Annoted Bibliography Essay Example | Topics and Well Written Essays - 1000 words

Annoted Bibliography - Essay Example Napoleon asserts his leadership after the animals capture the farm from its former cruel owner, Mr. Jones. However, the satire of this novel is centered upon the pigs’ tyranny over the other animals. The novel is the basis of the famous idiom â€Å"all animals are equal, but some are more equal than others†. The novel was inspired by George’s experiences of communist behavior in Russia during the Spanish Civil War; it is a tale of the communist revolution in Russia. The novel addresses not only the corruption in leadership, but also the ignorance of the people; it exemplifies corruption and wickedness as the vice in rebellion, and not the actual deed of rebellion. This novel is dubbed the best analogy of political satire in the mid twentieth century as it exemplifies the gullibility of subjects and the dictatorship of leaders in contrast to the ideal society where all people are equal. Steadman, R. (1996) George Orwell: Animal Farm (50th Anniversary edition). USA : Signet Classics This variation of the original Animal Farm was done by Ralph Steadman to commemorate the fiftieth anniversary of the literary work. In the rendition, Steadman introduces some of Orwell’s proposed inclusion in the novel. ... Steadman exemplifies Orwell’s satirical outlook on the rebellion in animal farm which is a symbol of the rebellion against corruption and tyranny all around the world. This edition includes Orwell’s additions during a press interview, which were ignored in the previous edition. Moreover, Steadman analyses Orwell’s explicit fable of a browbeaten and overworked society and their pursuance of justice and equality. The author shows that such a paradise is feasible in the mind, but actual fulfillment is deterred by greed and corruption. The text illustrates the rise and gory fall of revolutionary animals and appreciates the abolitionism in most, if not all, societies by poking fun at the leaders and oppressors while at the same time drawing attention to the idealism they create but do not endorse. Secondary Sources Lake, P. (2010). The  Animal Farm  of the 21st Century. Arkansas: Arkansas Tech University. In March 2010, Paul Lake gave a lecture on George Orwellâ⠂¬â„¢s novels at the Arkansas Tech University and cited Animal Farm as Orwell’s book as the greatest allegory of the society. Lake associated the novel to the modern society as tyranny and corruption are witnessed on a daily basis. Lake, who is the author of Cry Wolf, drew attention to Orwell’s depiction of the down trodden members of society whose desire for a better future is unwavering. Lake exemplifies the twenty first century society as a modern animal farm where although the down trodden continue to suffer and be overworked for the benefit of a few; they still consider the leadership as upright and effective. He spoke of the ideal twenty first society as one which upholds all individual’s rights to expression and freedom from oppressive or slave driven rule. His talk seeks to educate on

Select one article from our text book, or one document from the Assignment

Select one article from our text book, or one document from the Internet, and evaluate what you feel are it's strengths and weaknesses - Assignment Example Most organizations face this issue. As there is a change of reality, they do not address moves in their competitive environment and thus find it hard to sustain their competitive advantage. According to the article, the main issues of theory of businesses revolve around connecting the three key parts together. These parts are reality, organizational competency and business focus. The following points are to be kept in mind to keep the theory of business relevant presently and in future. One is that reality is defined by the market place and moves to where it wants. For an organization to be successful, it has to study the changes taking place in the market and know that the key to success is their capacity to determine what the customer is willing to pay for at the moment and in the future. Another factor is that an organization attains focus when it aligns itself with reality. Thus, if it wishes to be successful, it concentrates on the moves in the market place and adjusts its business programs to cater for those needs. After an organization is aware of the changes needed, it has to identify and develop skills and competencies needed to prosper in the long term. The author recommends that organizations ought to review their theory of business continually as there is no business that is static. There are also times that organizations ought to be cautions like in the startup stage, times of fast transformation, unforeseen failures or success and when the organization is about to attain its present goals and objectives. The objective of the article is to address business theory. It is to address where organizations go wrong so that they do not achieve success and the solutions that they ought to embrace and apply. The author of the article accomplishes this objective by addressing where the problem comes in. At the end of the article, solutions are offered. The author states that,

The Historical Evolution of Town and Country Planning in Australia and Internationally Essay Example for Free

The Historical Evolution of Town and Country Planning in Australia and Internationally Essay Despite the profession of planning being a relatively recent creation, Planning has existed in some form since the beginning of human settlement itself. Whether it is the ancient cities of the Old World or the global metropolises of today, every urban environments display some degree of planning in their design and function (Smith, 2007). However, just as cities have evolved over time, so to have the approaches taken to planning and the philosophies behind them. This evolution of Town and Country Planning forms a long and complex history which encompasses a wide breadth of ideas. Reflecting upon this history, several key movements can be identified: The origins of Planning in the 19th century, the Modernist era of the early 20th century and the Postmodernist era that followed. This paper will focus on these key movements. Historical Planning During the 19th century, cities were subject to increasing industrialization accompanied by rapid population growth and urban expansion. This lead to overcrowding, congestion, slums and lack of sanitation (Hall 1992). Growing public protest in the form of protests and labour strikes in countries like Britain led to the implementation of various reform measures such as the Public Health Act of 1848 and the Labouring Classes’ Dwellings Houses Act of 1866. These went some way to relieving these pressures (Maginn 2011) by setting minimal standards for health and housing, resulting in for increased living standards by the century’s end. During this time, planning was used mostly by private companies as a tool to increase productivity by improving the health of the working population (Cowan 2010). The higher living standards and economic prosperity this created lead to planning philosophy changing its focus from providing housing and improving cities to beautifying them (Bluestone M, 1988). This City Beautiful movement focused on civic beautification and the construction of monuments. The term ‘beautility’ was used to describe the theory that a beautiful city must also be functional one. (Freestone et al 2000) However, these changes led some to question if further improvements could be made. By the end of the 19th century, basic ideas about urban planning were well developed. These ideas had ‘underlying utopian aspirations that influenced the attitudes and procedures planners’ (Akoi, K 1993). The Garden City is possibly the best example of this, as an optimistic attempt to unite broad utopian ideals with the planning lessons of the past into a a specific plan. ( http://faculty. tamu-commerce. edu/jsun/racespaceplace. pdf) First outlined by Ebenezer Howard in To-Morrow (1898), the Garden City became a major force in the historical planning era that influenced planners worldwide. According to Hall 1992 (Hall 1992b), Howard argued that a new type of garden-city settlement could uniquely combine all the advantages of the town such as employment and access to services, as well as the advantages of country life, without any of the disadvantages of either. His proposal for creating such a settlement rested on the notion of decentralization, the movement of workers and their places of employment away from the city and into the new settlements isolated by wide greenbelts. Howard proposed the development of numerous Garden Cities, each with 30,000 inhabitants. Despite wide support from planners of the time, only two attempts were made at garden cities, Letchworth in 1903 and Welywyn in 1920, both of which never fully realized the goals of the movement. Mordernist Planning The Radiant City As the world entered the 20th century, planning philosophies evolved further. In Europe, Swiss-born architect Charles Edouard Jenneret, known as Le Corbusier, put forward radical planning proposals, which built on the ideas of Howard and his predecessors. Le Corbusier’s ideas and philosophies are contained in The City of tomorrow (1922) and The Radiant City (1933). These books outlined Le Courbuisers planning philosophies, centered around the idea of high density achieved through the construction of enormous skyscrapers, surrounded by open garden spaces and serviced by a highly efficient transport system of superhighways and railways grade separated from the inhabited realm (Hall 1993c). His proposals for a large-scale implementation of this phisosophy, outlined in his Plan Voisin Pour Paris, were never realized, though his ideas were implemented at a smaller scale around Europe in the postwar period following World War II, such as the Unite dHabitation in Marseilles. By the 1960’s many planners began to question the effectiveness of Le Corbusier’s proposals (Hall 1992d), and today many critics condemn his plans entirely, such as such as Dalrymple 2009 who views them as ‘soulless’ and ‘totalitarian’ in nature. However, it cannot be denied that his radical ideas had a major and lasting impact on the evolution of town and country planning (Hall 1992e). The Broadacre City While Le Corbusier was a proponent of density, American architect Frank Lloyd Wright was not. The two men were influenced by many of the same sources, but their visions were very different. Developed between 1932 and 1959, Broadacre City was a proposal for a sprawling city of large lots, farms and industry spread across the countryside serviced by network of superhighways (Brown 2007) While it was never built, Today’s critics have drawn parallels between it and the sprawling sub-urban expansion that defined the postwar reconstruction period in Australia and around the world. Postmodernist Planning Suburbia Thompson (2007) asserts that the postwar reconstruction of the 1950’s linked town and country planning with housing concerns to an extent not seen since planning’s beginnings in the 19th century. In Australia, master plans were created for cities, all of which reflected international planning philosophies of the time (Thompson 2007), supporting unlimited outward expansion, low-density residential development, car-oriented transport networks. In North America, this evolution was even more pronounced. Similar suburban developments were created, but on an unprecedented scale, with approximately 75 percent of North American housing stock built since World War II (Hirch 1983). These planning practices continued unabated until the 1970’s, when the effects of this planner began to be questioned (Thompson 2007). New Urbanism The end of the 20th century has seen the beginnings of yet another stage in the evolution of Town and Country Planning. Originating in the 1980’s, New Urbanism is a planning philosophy that promotes the construction of dense communities integrated with well-designed public spaces (Maginn 2011). According to Hikichi 2003, It promotes mixed residential unit types that are supportive of differing income levels, protection of the environment, less reliance on automobiles through he use of walking and bicycles for transport as well as the development of public transit and transit oriented development. In addition, New Urbanism supports having a town center that is within walking distance from all residential units that open space for public use. Conclusion It is clear that Town and Country Planning has a long and complex history, influenced by changing social, political, economic and environmental philosophies of both governments and private companies and planners. From its beginnings in 19th century Britain, through its modernist period and into its current postmodernist phase, planning has left both negative and positive impacts upon the urban environment. However, this history has not been ignored and planners of today utilize the lessons learnt from the planners of the past in order to plan as well as possible, as shown in the positive changes to planning practices as it has evolved. All approaches to planning have had a permanent impact on our urban environment, the results of which impact people today and will continue to do so into the future.

European Union Trade Law Essay Example for Free

European Union Trade Law Essay Introduction Counterfeiting, piracy and infringements of intellectual property rights are very frequent in the European Union[1]. These take place all over the world and pose a grave danger to national economies and governments. The success of such activities is due to the counterfeiters’ greed for money and also the increase in demand due to consumer ignorance, which makes them prefer these lower cost imitation products[2]. The European Internal Market is characterized by national disparities in the means of enforcing intellectual property rights and counterfeiting, piracy and infringements of intellectual property rights takes advantage of this. These disparities determine the place where counterfeiting and piracy activities within the Community are carried out. The implication of this is that counterfeited and pirated products are manufactured and sold more in those countries which are less effective than others in dealing with counterfeiting and piracy. Therefore this has direct consequences on trade between the Member States[3]. It also has a direct effect on the circumstances controlling competition in the Internal Market. The result of this is that it leads to diversion of trade, distorts competition and creates disturbances in the market. The variation between the systems of penalties, in different nations, creates difficulty in effectively tackling the problem of counterfeiting and piracy[4]. It also results in the problem of improper functioning of the Internal Market. Further, it leads to loss of confidence in economic circles in the Internal Market, resulting in a reduction in investment. Moreover, in addition to the economic and social results, counterfeiting and piracy also hinder consumer protection, particularly in respect of public health and safety[5]. Increasing use of the Internet has enabled pirated products to be distributed very quickly around the globe and last but not the least; this phenomenon seems to be increasingly associated with organised crime. Fighting this trend is therefore very important for the European Community especially when these illegal activities are carried out for commercial purposes or if they result in considerable damage to the right holder. The situation is especially acute in respect of the music industry[6]. Counterfeiting and piracy have resulted in continual and increasing harm being done to business in the form of lower investments and closure of small and medium enterprises; to society by way of job losses and decreasing consumer safety and threat to creativity and governments due to loss of tax revenue. In the case of the   Ã‚  Ã‚  cultural (music, films, videos CDs, DVDs) and software industries the situation has been made worse by the easy access to a global market via the internet[7]. Quite some evidence has been obtained that reveals that counterfeiting and piracy are becoming increasingly linked to organised crime and terrorist activities because of the high profits and the comparatively low risks of discovery and punishment[8]. Reason for action at the EU level At present, as far as legislation in respect of the enforcement of intellectual property rights is concerned, there are important differences in the Member States. These differences are being exploited by Pirates and counterfeiters by carrying out illicit activities in Member States where enforcement mechanisms are applied less effectively. It is hoped that the proposed Directive will reduce counterfeiting and piracy, by reducing differences in national legislations across the EU and by directing Member States to implement tougher sanctions and better remedies against infringements[9]. Intellectual Property Rights or IPR, infringement takes place in most types of rights and virtually any product that can be pirated or counterfeited[10]. It is usually assumed that piracy and counterfeiting take place mainly with regard to some luxury, sports and clothing brands, music and software CDs/DVDs. The reality is otherwise and virtually every IP is being violated at a significant level and that the diversity of fake products is vast, with large software producers as likely to be harmed as small producers[11]. Copyright – Piracy is widespread in all formats with particular focus on digital media, from CDs to VCDs, to DVDs. Further, illegal digital distribution of films, music, pictures, texts and software over the Internet is extensive[12]. Trademarks – Counterfeiting takes place in respect of almost all the products and there fake clothes, footwear, leather goods, watches, toys, cigarettes, pharmaceutical products, car parts, electronic devices, etc. In some countries former business partners continued to use trademarks or designs of the right holders even after the partnership had ended[13]. Technical designs – There have been infringements in respect of design over a vast and diverse range of products like, spectacle frames, wine glasses, sliding doors, textiles, etc[14]. Patents – Many reports were submitted regarding infringements on pharmaceutical products, electrical domestic appliances, industrial machinery, etc[15]. Geographical Indications – In some countries the registration by local producers of trademarks of geographical indications originating in Community Member States is permitted[16]. Data protection –   A number of instances where partial or total lack of protection in respect of information given to national authorities, while lodging patents or during the registration of pharmaceutical products   have come to light[17]. Certain countries like China, Korea, Russia, Turkey, Taiwan, etc, are undoubtedly large scale producers of pirated and counterfeit goods. A major part of their production is exported, however, if there is a large domestic market, part of the production is used for domestic consumption. In developed countries, Uruguay, Brazil, etc, a large number of fake goods is imported. Another category of countries exist, which serve as points of transit for fake goods distributed by international networks[18]. The USA is one such country and despite its being a country generally recognized as having strict and effective enforcement rules and practices, nevertheless, according to official statistics is one of the main countries of origin of pirated or counterfeit goods seized. The reason for this is held to be the vast quantity of counterfeit goods produced in different countries being transported via the US to other destinations. Lastly, in respect of internet based IPR violations, it is very difficult to determine the origin and destination of such traffic. The European Union is an important destination for such goods. In addition to the goods exported into the Community, a sizeable part of the injury caused to the EU right-holders is because of the loss of income and reputation, in the case of fake goods of lower quality, due to sales in any other market. EU countries are also countries of transit for counterfeit goods and pharmaceutical products. The problem is so acute that the EU and the USA have formed a joint strategy to counter it[19]. The efforts of the member state governments are in general ineffective due to lack of a synchronized and effective approach. If the right-holders have the will, the means and the influence to compel the competent authorities to take appropriate action then such measures are successful. The fight against counterfeiting and piracy is hindered not due to obstacles in the substantive law, but due to the unavailability of means the lack of willingness of the enforcement agents to apply the law strictly and efficiently[20]. These enforcement agencies are, frequently, unsuccessful due to manpower shortage, shortage of funds, lack of regulation of the base legislation and general problems caused by insufficient national and international co-ordination including a lack of transparency. To be more specific, this is encouraged by the absence of deterrent punishments for infringers. IPR violations[21] are therefore low risk high profit activities and usually, there is unwillingness to apply criminal sanctions. Further, administrative penalties are in general insufficient to dissuade pirates and counterfeiters and sanctions involving the confiscation of production machinery or the closing of production facilities are not applied systematically. This encourages and perpetuates criminal activities. Trials in these cases are slow, uncoordinated and costly. There are long delays and very few positive results and jurisprudence does not show uniformity. Moreover, the effort is made all the more difficult due to local protection for infringing industries and rampant corruption of the authorities in charge. There is also an absence of trained officials, like legislators, judges, prosecutors, customs officials, police, etc.   A major problem arises due to the public not being fully aware of this problem. Many members of the public do not consider piracy and counterfeiting to be wrong and at times, there is lack of awareness of the fact that using such products is an infringement of the law. In some countries the co-operation of right-holders is accepted in criminal investigations leading to encouraging results, like the seizure of goods and the destruction of criminal networks. For instance the optical disc regulation is a cost-effective way to deal with the piracy problem, because optical disc laws work against infringements of intellectual property rights. Further, these rules make the manufacture of pirated optical discs much more difficult for rogue elements without implementing unjustified regulatory burdens on legal plants. This type of measure has yielded noticeable results in countries like Hong-Kong and the Ukraine. It has been observed that in several instances right-holders have not resorted to the law of the countries where the violations occur, because of a lack of confidence in the local system and also due to lack of ways to defend their rights in a distant country, unawareness of the means available and sometimes due fear of reprisals where criminal organizations are the violators. Several reports have indicated that national producers, accused of infringements are shielded from effective prosecution. In some countries the authorities will unofficially claim that domestic â€Å"job providers† deserve more protection than foreign right-holders. As long as the majority of the public sees IPR violations as a mechanism to obtain basically the same goods at a much lower price, it will not be possible to diminish piracy and counterfeiting[22]. Although, strict action is taken in respect of counterfeit goods which affect consumer health and safety, the sale of imitation luxury brands, software, audio and video products are frequent in many countries and constitute a major attraction for tourists. There is limited public awareness of the bad effects of widespread IPR violations, resulting in loss of foreign investment, discouragement to creativity and research development, loss of international credibility of the countries and the nexus between counterfeiting and piracy with organised crime.[23] In chapter one, a discussion about the response of EU Trade Mark Law against counterfeiting and piracy has been taken up. The causes of piracy and counterfeiting are dealt with briefly. After this, proposed remedies for infringements are considered. Next, the effects of counterfeiting and piracy and the resultant loss to the right holders are described. The enforcement mechanisms for combating piracy and counterfeiting are then analyzed. Subsequently, the different departments and directorates of the EU and their functions and enforcement mechanism are described. Finally, the role of customs department in curtailing piracy and counterfeiting is discussed in brief. As such this chapter, which deals with enforcement mechanisms of the EU trade mark law, reveals that these are not effective enough to deal with this problem. In chapter two, the role of courts in combating piracy is discussed in detail with case laws. After this the working procedures of community trademark court and the complexity of their procedures are discussed. This is followed by a discussion of a number of landmark cases in the history of the struggle against counterfeiting and piracy. Lastly, the latest EU law in respect of these crimes has been discussed in detail. In this chapter, the role of the courts in countering piracy and counterfeiting, though commendable, the disparities in national laws reduce their effectiveness. In chapter three, the responses of parliament in combating the problem of counterfeiting and piracy in the EU have been discussed. In this regard the various acts of parliament that pertain to this problem in various fields have been discussed in detail. These include the various directives, regulations and acts. Moreover, the time after which the trademark will be revoked and the methods by which it will be invalidated have been discussed. Although, parliament has enacted several laws to control the problem of piracy and counterfeiting, the lack of stringency in their enforcement has not been able to control this problem to the level required. Chapter 1    The Response of EU Trade Marks Law against Counterfeiting and Piracy       Causes of Piracy and Counterfeiting Counterfeiting, piracy and infringements of intellectual property rights are constantly on the increase. Their effect is international and they pose a serious threat to national economies. In the European Internal Market, these phenomena take particular advantage of the national disparities that may exist in the means of enforcing intellectual property rights. In other words, counterfeited and pirated products are more likely to be manufactured and sold in those countries that are less effective than others in combating counterfeiting and piracy. Counterfeiting is now a multi-million pound business, run by organised criminals. It is theft, no more, no less. It moves resources from the honest, tax-paying economy to the dishonest, tax-evading economy. It puts the law-abiding employees of brand owning companies out of work. In the worst cases, such as unauthorised pharmaceutical products, aircraft parts or motor vehicle parts, the counterfeit version is sometimes a serious danger to public safety. The principal cause of piracy and counterfeiting is that dishonest traders can make considerable profits, by taking advantage of the creative efforts and investment of others and by selling imitations at a lower cost than those incurred by the producer of genuine products. Clearly, such trade exists due to consumer demand and perception that piracy and counterfeiting are mild violations. Intellectual property theft is not considered by the public to be as bad as fraud, theft or trespass. This is made worse by the failure of the public authorities and commercial organizations in bringing to the notice of the consumers the dangers of using unauthorised products, the harmful social welfare effects from this trade and the imposition of insufficiently restrictive penalties by the judicial authorities. Proposed Remedies    On 15 October 1998, the European Commission presented a Green Paper on the fight against counterfeiting and piracy in the Single Market. The purpose of this paper was to start a debate on this subject with the participation of all the interested parties. The result of this consultation exercise established that the functioning of the Internal Market was being adversely affected due to the differences in the national systems of intellectual property rights[24]. Subsequently, on the 30th of November, 2000 the Commission presented a follow-up Communication to the Green Paper in which it recommended an action plan to deal more effectively with counterfeiting and piracy. Some of the measures proposed were the presentation of a Directive that would bring about a harmonising of the national provisions on the means of enforcing intellectual property rights. The general opinion of the public is that counterfeiting is a harmless and as the price charged for genuine products are higher, there seems to be a general good will towards these counterfeiters. In accordance with section 111 of the Copyright, Designs and Patents Act 1988 of the United Kingdom, the owner of a copyright can give written notice to the Customs and Excise Department that infringed copies of published literary, dramatic or musical works that are expected to arrive in the UK should be prohibited[25]. From the 1st of July 1999, Regulation (EC) 241/1999 has amended a Council Regulation[26] by extending prohibition to goods infringing patents and supplementary protection certificates and to goods under all forms of customs supervision. This regulation contains a process by which members of Community Trade Marks can make a single application for customs intervention in any number of Member States, accordingly, the European Commission reported that between July 1995 and June 1997 customs authorities had taken action in about 4000 cases in comparison to only 2000 in the previous 7 years before the implementation of this Regulation[27]. Many contraband markets evolve through one or more of the following stages: Grey market, or parallel trading; smuggling; counterfeiting and piracy. The markets for contraband cigarettes, alcohol and pharmaceuticals pass through all three stages in their evolution, while the contraband markets for branded apparel and software might progress directly from grey market trading to counterfeiting. Sometimes when no such grey market goods are available organised crime groups may start producing and distributing counterfeit and pirated goods. In this manner a supply chain that is completely in the hands of organised crime groups is formed. Digitization and access to used manufacturing equipment has allowed the counterfeiting and piracy of cigarettes, apparel, computer software and music CDs. Impact of Counterfeiting and Piracy This Green Paper has assessed that 5% and 7% of world trade is due to counterfeited and pirated goods and the fact remains that this problem is more in certain sectors than in others. The Commission on assessment of levels of counterfeiting and piracy with regard to turnovers of some of the sectors concluded that, it is considerable. It opined that the level of counterfeiting and piracy was 35% in the software industry, 25% in the audio industry and 12% in the toy industry. The music, film and software industry, which are the main copyright industries are severely affected by counterfeiting and piracy. This problem occurs in the branded goods sector or in the industries like clothing, footwear, fragrances and cosmetics, luxury goods, motor car parts, aircraft parts, pharmaceuticals, food and drink and industrial chemicals. In France and Italy counterfeiting is more in respect of luxury goods, whereas in Germany the problem is compounded by the manipulated certification of counterfeited goods[28]. The resulting effects of counterfeiting and piracy are, diminished sales, disadvantages to the legitimate enterprises, due to free utilization of their research and development by their competitors, liability due to defective imitation products, free availability of imitations harmed the prestige and goodwill of a brand, initiation of legal proceedings against infringers and continuous supervision of the markets is expensive[29]. Further, the losses caused to the industry will be reflected in the public revenue, thereby raising the unemployment level in that industry[30]. According to the statistics of International Federation of Phonographic Industry, sales of illegal CDs accounted for 14% of the relevant market in the world. In May 2003, the UK music industry pointed out that the sales of pirated CDs exceeded the sales of genuine products. With regard to the responses to the commission’s green paper on combating the counterfeiting the piracy in the international market it was revealed that within the European Union the counterfeited and pirated goods amounted to 5 to 10 % of vehicle spare parts sales, 10% of sales of CDs, 16% of video and DVD film sales and 22% of shoes and clothing sales[31]. The commission referred to a survey conducted by KPMG in France, in 1998, in a proposal for counterfeiting directive. It was reported by Sofres and the Union des Fabricants that the average losses to the businesses, on which survey was conducted, amounted to 6.4% of the total turnover. According, to a study of 2000 by the centre for economic and business research in relation to global anti counterfeiting group, which calculated the average annual reduction in profits, was â‚ ¬ 1,266 million in the clothing and footwear sector, â‚ ¬ 555 million in the perfumes and cosmetics sector, â‚ ¬ 27 million in the toys and sports articles sector and â‚ ¬ 292 million in the pharmaceutical sector[32]. The losses caused by counterfeiting and piracy with regard to tax and excise fields were considerable. The commission’s proposal for a directive on the enforcement of intellectual property rights, accompanied by a paper of estimation revealing that in the phonographic sector VAT losses amounted to â‚ ¬ 100 million that were incurred by the EU Governments as a result of counterfeiting and piracy[33].    Enforcement The Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, states that till now the main concentration of the EC in the field of intellectual property was on harmonization of substantive law, and also on the formation of a unitary right at the community level. National property rights such as trademarks, designs, patents for bio technological inventions, copyright aspects and its related rights have been harmonized. At the Community level, the Commission has taken steps to formulate unitary rights, which become valid instantly throughout the EC and examples of these are Community trademarks and designs. In respect of Community patents’ formation discussions are going on at the level of the Community ministers. In spite of the fact that the harmonization of substantive law on intellectual property rights has promoted the free movement of goods between member states, the methods of enforcing them has not yet been harmonized. Hence, the present directive is required. Counterfeiting is in different forms. For example, in the absence of any permission from the English Football Club, football shirts are manufactured in the UK. This is being done by a company which is in no way connected with the Football Club. The brake pad manufacturers produced 150,000 brake pads to a required specification by the authorized dealer, though his order was for only 100,000 units. All of these brake pads marked with the company’s logo were supplied to unauthorized distributors. The European Commission represents and upholds the interests of the European Union or EU. It is a politically independent institution, which is the motivating power within the EUs institutional system. Its main roles are proposing legislation to the Parliament and the Council; managing and implementing EU policies and the budget; enforcing European law together with the European Court of Justice and representing the European Union internationally. In 1994, the EU implemented the Customs Regulation[34], which controls the imports of fake goods. In 1998, the Commission issued the Green Paper on Combating Counterfeiting and Piracy in the Single Market[35]. Based on the responses to this Green Paper, the Commission formulated an Action Plan, on 30 November 2000. The Action Plan consists of harmonization of legislation among all EU members in order to protect intellectual property rights; better law enforcement training programs; education programs to increase knowledge of the harm caused by buying imitation and pirated products and the beginning of a study for defining a method of collecting, analysing and comparing data on counterfeiting and piracy. In April 2004, this Action Plan was translated into a Directive[36]   for balancing the implementation of intellectual property rights in the Community by a Regulation[37] that improved customs action against counterfeit and pirated goods. It also extended Europol’s powers to include piracy and counterfeiting. In November 2004, the European Commission implemented a Strategy for the Enforcement of Intellectual Property Rights in Third Countries[38]   outside the Community. Departments of the European Commission The organization of the European Commission is into departments, known as Directorates-General or DGs and services, such as legal services. Each DG accountable for a specific area of policy is controlled by a Director-General who is accountable to one of the commissioners. These DGs work out and plan the Commissions legislative proposals and technical co-operation activities. Some of the Directorates General of the European Commission deal with the enforcement of intellectual property rights. Some examples of these are DG Trade, DG Taxation and Customs Union and DG Internal Market. These are discussed in the sequel. Directorate General for Trade The DG Trade has to develop and observe intellectual property policies in agreement with the trade policies of the EU. One of the main objectives of the EU is to implement better recognition and enforcement of intellectual property rights. Its policy with respect to intellectual property consists of implementing IP protection all over the world; promoting sufficient enforcement of IPRs universally and taking part in the war against violations; making certain that IPRs support public health objectives, cooperating with developing and under developed countries where implementation of intellectual property laws is difficult. The Enforcement Strategy focuses on the implementation of existing IPR laws and intends to illustrate, prioritise and organize the instruments available to the European Commission for achieving its goal. It identifies priority countries and the implementation of specific measures in technical assistance, dispute settlement and other sanction mechanisms, collaborating with like minded private entities, international organizations and countries, etc. It provides information for dealing with piracy, counterfeiting and other IPR violations. The objectives of the Enforcement Strategy are: Identification of priority countries. The focus of the EU action will be on the most problematic countries with regard to IPR violations. Such countries will be identified by a regular survey of all stakeholders. Political dialogue, incentives and technical co-operation. The EU will make all efforts to ensure that technical assistance given to third countries focuses on IPR enforcement. IPR mechanisms in multilateral, bi-regional and bilateral agreements. The EU will address enforcement concerns more systematically, within the framework of these agreements and consult trading partners in order to strengthen IPR enforcement clauses in bilateral agreements. Dispute settlement – sanctions. The EU will recall the possibility that right-holders have to utilize the EU’s Trade Barriers Regulation[39] or of bilateral agreements, where there is a violation of TRIPs. Increasing awareness. The public is made increasingly aware of the disadvantages and harm caused by counterfeiting by means of the EU. Creation of public-private partnerships. The EU supports and participates in local IP networks using mechanisms installed by Commission services like the IPR Help Desk and Innovation Relay Centers to exchange information with right-holders and associations. Moreover, it improves co-operation with companies and associations that actively fight piracy and counterfeiting.    Directorate General, Taxation and Customs Union An essential component for the creation of an integrated single European market and a common commercial policy is the Customs Union. Its purpose is to maintain and defend the Customs Union and ensure uniform application of the classification and origin rules. The Directorate General participates in international commercial negotiations which concern the application of the rules of origin and the preferential trading systems. Custom administrators have to not only collect duties but also have to protect consumers and legitimate traders. On the 22nd of July 2003, the Council of Ministers implemented a new regulation in respect of customs and counterfeiting. This Regulation which replaces the previous one[40] includes additional intellectual property rights like plant variety rights, geographical indications. Moreover, period of validity and request forms have been standardised. It has done away with fees and guarantees in order to help small and medium sized companies or SMEs to make free of cost use of the system. It extends the scope of the ex officio procedure, which permits customs authorities to react even if there is no previous application for action. The extension of the use of this possibility is of especial benefit to SMEs. Further, there is an increase in the quality and quantity of information given by customs to intellectual property right holders. This permits samples to be given to the owners of the intellectual property rights.   It permits checking travellers to ensure that the use of couriers does not hide a large flow of goods. Directorate General, Internal Market         Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The internal market is an essential part of the European Union. It has emerged as a result of the Treaty of Rome. This treaty created a common market in which there was a free movement of goods, persons, services and capital. Unification of the markets of Member States results in economic and political integration. The Treaty establishing the European Community or the EC Treaty brings about a system that ensures undistorted competition in the internal market and approximation of the laws of Member States for the functioning of the common market. This DG mainly concentrates on the knowledge based features of the Single Market and to some extent on the traditional regulatory instruments, which in order to avoid trade barriers harmonize the laws of the Member States. Its goal is to create unitary systems for protecting rights with Community-wide effect. It also focuses on ensuring the proper functioning of the Single Market in the fight against Counterfeiting. In addition, this DG also takes care of debates on the principle of Community exhaustion of trade mark rights and its economic effects on innovation, employment, prices and discussions on Enlargement. In order to get rid of trade barriers and to enable the framework responsive to new forms of exploitation, a considerable amount of intellectual property harmonization has taken place in the EU. The Internal Market DG has to modernise and adapt this acquis to advances in technology or the markets concerned for example, directive on copyright and related rights in the Information Society. Further, it has to improve international negotiations in order to strengthen the IPR internationally. A major contribution in this field by the Internal Market DG has been the Directive, adopted in April 2004, on the enforcement of intellectual and industrial property rights.[41] It makes it mandatory for all 25 EU Member States to apply successful, inhibitive and impartial remedies and penalties against those engaged in counterfeiting and piracy and thereby bring about a level playing field for right holders in the EU. This new Directive brings about uniformity, to the extent possible, in national legislation throughout the EU. This uniformity is respect of civil sanctions and remedies and it is in accordance with best practices in one or several member states. It consists of procedures in respect of evidence and its protection, and interim actions like injunctions and seizure. Right holders have several remedies like destruction, recall or permanent removal of illegal goods, financial reparation, injunctions and damages. It also implements a right to information, which permits judges to compel certain persons to disclose particulars of people involved in counterfeiting and piracy. Under this Directive, member states have to appoint national correspondents to cooperate and exchange information with each other and the Commission. In addition to benefits to right holders, the Directive contains suitable safeguards against abuse, guarantees the rights of the defence and contains references to protect personal data and confidential information. Directorate General, Enterprise DG Enterprise has founded the IPR-Helpdesk[42] whose main aim is to help prospective and current contractors who are participating in European Community funded research and technological development projects concerned with IPR issues. This helpdesk gives advice on Community diffusion and protection rules and issues relating to IPR in international research projects. Another international purpose of the action is to increase knowledge of the European research community on IPR issues, with particular reference to their European dimension. It also conducts several training courses and information seminars on intellectual property matters.    Directorate General Justice, Freedom and Security      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The DG Justice, Freedom and Security have common regulatory responsibilities as IPR enforcement is connected with law enforcement both within and outside the Community. This DG is at present working on a legislative project on approximation of national legislation and sanctions on counterfeiting and piracy. Specific field operations are taken care of by the European Anti-Fraud Office (OLAF).    Customs Regulation Moreover, the European Union has introduced a Customs Regulation that empowers Customs officials to seize suspected counterfeit or pirated goods. Under this Regulation, EU Customs Authorities can detain suspected goods, for a short period, before the end of which, the rights owner have to initiate legal action against the alleged counterfeiter or pirate. Proper implementation would make this Regulation a very powerful weapon for rights holder with a good, anti-counterfeiting, intelligence network. This move to enact the Directive on enforcement of intellectual property is subsequent to the UK’s recent effort to tackle the problem of piracy by enacting the Copyright, Etc. and Trade Marks (Offences and Enforcement) Act 2002. The implication of this law is that those who deal in pirated goods and specifically, those who produce such goods and those who distribute them, will get stiffer fines and if the crime is serious enough they may be imprisoned. The requirement of this Directive will be that each of the Member States will have to apply the same procedure in infringement proceedings and this would include damages awarded, injunctions, provisional measures and sentencing[43]. Intelligence, appropriate criminal sanctions and Courts that enforce these sanctions, are essential factors in combating counterfeiting. In the absence of precise information on the source, time of supply and place of transfer it is very difficult to stop their entry onto the market. In order to limit piracy within the EU the EC has revealed plans to put into practice an anti-piracy law that aims at harmonizing anti-piracy law throughout the Member states. This chapter has dealt with the enforcement of trade mark laws, in order to prevent piracy and counterfeiting. Evidently, this problem cannot be curbed because of the disparities in the domestic laws of the member states. As such the pirated and counterfeited goods, though not produced in the EU, freely flow into it with great damage being done to the right holders. In the next chapter the role of the courts in dealing with this problem will be discussed. Chapter 2       Responses of the Courts to Counterfeiting and Piracy    In the absence of effective methods for enforcing intellectual property rights, innovation and creativity will be discouraged and investment will be reduced. It is therefore necessary to ensure that the substantive law on intellectual property, which is a part of the acquis communautaire, is applied effectively in the Community. The acquis communautaire includes all the treaties, regulations and directives passed by the European institutions as well as judgments laid down by the Court of Justice, which member countries have to adopt, implement and enforce in order to be admitted to the EU[44]. The means of enforcing intellectual property rights are of vital importance for the success of the Internal Market. The discrepancies between the systems of the Member States in respect of the means of enforcing intellectual property rights are harmful to the proper functioning of the Internal Market. These discrepancies also make it impossible to ensure that intellectual property rights have the same level of protection throughout the Community[45]. This situation hinders free movement and does not create an environment that is favorable to healthy competition. Formerly, the commission’s ability for providing criminal sanctions under the first pillar was suspect. Hence, the EU commission submitted a draft directive, which entails the harmonization of law to facilitate the single market. The directive which is the foundation instrument would have been adopted by the council and the parliament under the co decision method. Moreover, the commission has submitted a draft framework decision, which contains criminal sanctions. A framework decision is a third pillar instrument that is adopted by the council exclusively. Hence, the parliament has not taken any part in this process. The commission was disinterested in splitting up the draft legislation into two legal instruments, a directive and a framework decision; hence, it initiated proceedings against this mechanism before ECJ. On the 13th September 2005, the ECJ, in its judgment in commission v council[46] held that provisions of criminal law that promote the effective implementation of community law come under the first pillar. After this decision, the European Parliament’s involvement in the legislative process has been on the increase. Due to this milestone decision, the European Commission has presented a second draft directive on 28th April 2006. This legislation consists only of one legal instrument, a directive. The proposal of the commission has to be adopted by the European Parliament and the council under the co decision procedure[47]. The latest changes come from the case law of the European Court of Justice rather than the European legislator. Regulation 1383/2003 applies at the EU’s external borders to export, import, transshipment and external transit. This is according to Article 1 (1) of Regulation 1383/2003. Most of the border measure cases concern to transit and transshipment cases and the provision of Article 1 (1) is a â€Å"TRIPS plus† provision. This is because it transcends Article 51 of the TRIPS Agreement, which is restricted to imports. However, recent developments in the case law of the ECJ may bring about a change this approach. In Class International[48], the ECJ held that the external transit of grey market goods is not the use of a trade mark. Counterfeited and pirated goods under Regulation 1383/2003 are defined much more narrowly than the scope of protection awarded to owners of trade mark, copy and design rights. In Article 2 (1) (a) of Regulation 1383/2003 counterfeited goods are defined as â€Å"goods [] bearing without authorisation a trade mark identical to the trademark validly registered in respect of the same type of goods, or which cannot be distinguished in its essential aspects from such a trademark.† therefore, customs in order to take border measures have to be in the presence of a semi identical sign applied to identical goods and this is at variance with the Community law concept of risk of confusion normally resorted to in trade mark law. The definition of pirated goods, as per the provisions of Article (2) (1) (b) of Regulation 1383/2003, is the following, â€Å"goods which are or contain copies made without the consent of the holder of a copyright or related right or design right.† Further, the border measure Regulation states that the infringing goods have to be copies, whereas Community law employs the concepts of reproduction and designs. The danger with the definition in Regulation 1383/2003 is that goods blocked by customs for infringing an IPR may not be classified under this very restrictive definition of counterfeited and pirated goods. This could result in the courts being forced to hold that these goods were wrongly confiscated. This is very important because in practice the customs authorities do not follow the restrictive definitions of the border measure Regulation. The definition of goods infringing a trade mark, copyright or design right should be analogous to the definition of other infringing goods, where the Regulation takes recourse to the Community or national law. If there is a challenge to a trade mark registration for non-use, then the proprietor has to demonstrate, under both the UK law and the Community Trade Mark Regulation, authentic use in the applicable period or produce valid reasons for non use. In the trade mark LABORATOIRE DE LA MER the latest Court of Appeal decision established clear guidelines in respect of registered proprietors and parties considering applications for revocation[49]. In this case an application was made by La Mer Technology, Inc, which had registered a number of UK trade marks as â€Å"DE LA MER†; to revoke Goemar’s registration for the trade mark LABORATOIRE DE LA MER in the UK that was in respect of perfumes and cosmetics containing marine products in class 3. In the preliminary hearing the revocation application was dismissed as its use by the five sales was real and amounted to genuine use of the registered mark in the relevant non-use period. La Mer’s appeal made the High Court seek interpretation from the ECJ under Article 234 of the EEC Treaty. In January 2004 the ECJ gave its decision, wherein it held that the answers to the questions raised could be inferred from its earlier judgement[50] in the case of MINIMAX. In other words a registered proprietor of a trade mark defending an application for revocation on the grounds of non-use has to furnish evidence of genuine use in an unequivocal form and easily understood form to the tribunal considering the case, and proof that it is not for merely safe guarding the registration. A slogan, while being registered, should be accorded the same measure of scrutiny as any other word mark. In Das Prinzip Der Bequemlichkeit or The Principle of Comfort[51], this principle was upheld by the ECJ. Nevertheless, applications for slogan marks at the OHIM[52] may be objected to for being descriptive of the goods or services or for being devoid of distinctive character. The Court of First Instance held that the lack of evidence of promotional use of the mark did not signify that the slogan indicated the commercial origin of those goods or services. It also held that it was essential to consider the slogan in connection with the goods and services, and whether it was capable of being used in a descriptive or promotional context. Though the applicant showed that this mark had been registered in non-EU countries, the CFI refused to change its decision and held that the Community trade mark regime is an autonomous system and all assessments must be exclusively on the basis of the CTM Regulation, as interpreted by the Community judicature and not on precedent or on the basis of what had happened in other countries. The Board of Appeal has refused to take account of precedent slogan marks and the mark FUELING BRAND POWER[53], applied for in connection with a range of services in Classes 35, 41 and 42 was refused. The OHIM were able to show examples of third party use only of the words â€Å"FUELING† and â€Å"BRAND POWER†, separately. From the preceding it becomes clear that slogan marks are likely to be considered to be unregistrable if they are not imaginative or creative. On the basis of public opinion the OHIM considers such slogans as not having a distinctive character and this opinion is highly subjective. For this reason, registrable slogans should have a highly individualistic nature and this should be in addition to what would in general be necessary for a word mark to be registered. This is in direct contrast to the ECJ’s statements in relation to â€Å"The Principle of Comfort†. Notwithstanding this, if there is no evidence that the mark has obtained a distinctive character then such slogans may not be accorded registration by the OHIM[54]. In Signal Communications Ltd v Office for Harmonisation in the Internal Market (Trade Marks, Patents and Designs (OHIM)[55], The applicant wanted the Court of First Instance to annul the contested decision and pass such orders as would amend the Community trade mark application No 837096 to show TELEEYE instead of TELEYE. Under Article 63(6) of Regulation 40/94, the office has to take the necessary measures to comply with judgments of the ECJ. Hence, the Court of First Instance cannot issue directions to the Office. The applicants argument was based on Article 29(1) of Regulation No 40/94, which states that application for the Community trade mark and the trade mark relied on for the right of priority must be the same. In case it was unclear to the examiner that the applicant was applying for the Community trade mark with the same spelling as that used in the United States trade mark application should have been obvious to the examiner then changing the discrepancy between these two trade marks does not amount to a significant modification. In practice the importance of intellectual property rights depends on whether the holder can take effective measures to prevent others from infringing them. The right holder can not only take the infringer to court but he can also warn the infringer to desist from the acts in question. Sometimes, the main objective may be to arrive at an agreement with the infringer, in which case the right-holder will simply inform the infringer of the position with regard to IP rights and offer to discuss terms and conditions. Hence, judicial enforcement is a major test of effectiveness for the rights given by the intellectual property system. A vital necessity is that successful protection against infringement should be obtainable at reasonable cost to the right holder. However, if such effective judicial procedures are already in place then these procedures by themselves already ensure that IP rights are not violated. The right to prevent others from doing certain specific acts is the basis for the legal protection of intellectual property. A right-holder can obtain an injunction to prevent an infringer from manufacturing or distributing the infringing product, from using it or performing certain other acts. Such emphasis on the right to disallow differentiates intellectual property protection from the protection offered in other civil law matters concerning the breach of an owners rights. In civil courts the usual sanction is the award of compensation to the plaintiff for infringements of his rights which have already transpired, usually in relation to personal injury or property damage. The European domicile system was unable to generate a large body of European case law, because first, judgments revoking or cancelling a registered industrial property right had to be taken by the courts of the country for which the right had been granted. As the defendants in patent infringement proceedings generally file a counterclaim for invalidity, the prospects of internationalizing the domicile principle are limited. Divergence in the case law of the EU member states is due to the cross-border injunction. Second, hindrance to liberalizing the domicile principle takes place due to cross-border competence being limited to the courts of the country where the defendant is lives or mainly conducts his business. Such competence does not extend to the country where the infringing act occurred, which, is of particular importance to the plaintiff[56]. Complexity An infringement action brought before a Community trademark court makes it extremely easy to enforce registered Community trademarks across the whole of the European Union. In case the court decides that there has been infringement, this judgment will be imposed in all EU member states in which infringement took place. Further, the damages award will be based on all such infringing acts. Finally, an injunction against any further infringement may be obtained for the whole European Union. In November 2004 the Alicante Juzgado de lo Mercantil, acting as Community Trademark Court of First Instance, issued the pan – EU injunction in a trademarks infringement case, in respect of the selling of fake VIAGRA and PFIZER on the internet. Since the respondent was absent at the time of the hearing, the court had issued an ex parte injunction and made an order consisting of broad measures of protection. The court ordered the defendant to cease all use of terms like VIAGRA and PFIZER, in respect of the selling of any of the products in the EU, or on the internet and also ordered the defendant to desist from using the term VIAGRA as a domain name. In IMS Health Inc v Commission of the EU Communities[57], it was held that the aim of intellectual property protection is the right to exclude. On some occasions the legal capacity to exclude is referred to as monopoly. From this situation much controversy spins around the interaction of Intellectual Property Rights and Competition Law. Competition authorities have made efforts to balance the protection of intellectual property rights and market competition. Europe has taken these issues into consideration in a recent set of decisions implicating a supplier of pharmaceuticals sales data and its copyright protected data matrix. The balance between competition regulations and IP rights remains a topic for debate in most of the nations including European countries. If an IP right blocks entry into a genuinely needed facility for competing, there may be lawful public argument in order to compromise the IP right for promoting competition. However, such compromise should not be a matter of mere public convenience or a bare recommendation to the competitors, where competition is not threatened. Even IP rights serve a valuable public policy objective to encourage and reward creativity and to safeguard public interest. Policy makers should make sure that interference in the matter of protecting competition fulfils that objective instead of the less productive goal of simply making life easier for competitors.    In Anheuser-Busch Inc v Budejovicky Budvar Narodni Podnik[58], Anheuser-Busch Inc, instituted proceedings in the Finnish courts to prevent the defendant from using certain trade marks, which were claimed to have been infringed. In an appeal to the Supreme Court, the matter was stayed for making a reference to the ECJ on issues concerning the interpretation of TRIPS agreement. The ECJ held that in case of a disagreement between a trademark and sign that was suspected to have infringed the trademark TRIPS agreement will be applied, where the disagreement arose before the date of application of TRIPS but continued beyond that date. The relevant laws of Finnish trade marks had to be interpreted as far as possible in the wording and purpose of the provisions of Directive 89/04 on trade marks and TRIPS. A trade name could constitute a sign within the meaning of article 16(1) of TRIPS[59]. The exceptions to article 17 of TRIPS were targeted to make a third party able to use a sign which is similar to a trade mark that indicates its trade name, provided that such use was according to the sincere practices in industrial and commercial matters. A trade name which was unregistered but established by its use in the member state in which the trade mark was registered could be considered as an existing prior right as per the meaning of the third sentence of Article 16(1) of TRIPS[60]. The Silhouette Case This legal ambiguity has resulted in disagreements and in the case of Austrian sunglasses Silhouette, the ECJ ruled that community wide exhaustion is the appropriate interpretation in accordance with the 1989 Directive[61]. This judgement indicates that Article 7(1) of the Directive barred Member States from implementing an exhaustion regime that was wider than community exhaustion. In the Silhouette case the Austrian discount chain, Hartlauer, bought a consignment of Silhouette sunglasses from a Bulgarian company, which had purchased the goods from Silhouette International in Austria. Silhouette claimed that the sale of the sunglasses was subject to the stipulation that these sunglasses should not be re-imported into Austria. Hartlauer were taken to court, in Austria, on the charge that the trademark rights had not been exhausted. The ECJ held that the 1989 Trademark Directive was to be considered as a complete harmonization of the Member States’ rules for trademarks. In accordance to this ruling all Member States have to apply the principle of regional exhaustion. Nevertheless, such states that are in the EEA but outside the EU need not do so. Thus the ECJ has ruled that exhaustion occurs only when the products are being sold in the EEA and this establishes that the principle of international exhaustion is not applicable within the EEA if the goods had been first placed on non EEA markets. Hence, the rights owner was able to enforce its rights in the Silhouette trademark against the defendant, Hartlauer, even though these products were genuine and had been placed on the Bulgarian market with the consent of the trademark owner. The issue of consent was adjudged in the Sebago case, where it was held that consent under Article 7(1) of the Directive had to necessarily relate to each item of the product in respect of which exhaustion is pleaded. The Swedish Competition Authority, in a report, referred to the ruling of the EFTA Court in the Maglite case[62] which preceded the Silhouette ruling by six months. In this case a Norwegian company was importing Maglite lanterns from the US. The Norwegian general agent sued the importer for breach of Norwegian trademark law as well as the EU Trademark Directive. The EFTA Court held that the EEA agreement did not entail any common trade policy in relation to a third country and that a regional exhaustion requirement would severely restrict freedom of trade in respect of third countries. 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