Legal Action Against Unauthorised Importers - Free Essay Example

Sample details Pages: 4 Words: 1152 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Analytical essay Level High school Did you like this example? Legal Action Against Unauthorized Importers Case Summary China phone manufacturer Xiaomi canà ¢Ã¢â€š ¬Ã¢â€ž ¢t sell its MediaTek made phones in India since an ongoing patents case from Ericsson in the Delhi High Court. But other unauthorized dealers still import the Xiaomi Redmi Note 3G which runs on a MediaTek processor without Xiaomià ¢Ã¢â€š ¬Ã¢â€ž ¢s permission. Ericssonà ¢Ã¢â€š ¬Ã¢â€ž ¢s lawyers told the Delhi High Court that Xiaomi was selling non-Qualcomm handsets via the website www.xiaomishop.com. Don’t waste time! Our writers will create an original "Legal Action Against Unauthorised Importers" essay for you Create order Xiaomi had clarified that they only has the only website which is www.mi.com. Legal Issue in the Case From the case, the issue which appeared is infringement of patents which cause by those unauthorized dealer. Head of India operation of Xiaomi, Manu Jain said that authorized sellers in India are only Flipkart and Airtel. All other retail shops or portals such as www.xiaomishop.com which are selling Xiaomià ¢Ã¢â€š ¬Ã¢â€ž ¢s products are doing it without their permission. Some of these portals or retail shops are using à ¢Ã¢â€š ¬Ã‹Å"Xiaomià ¢Ã¢â€š ¬Ã¢â€ž ¢ name that infringing on Xiaomià ¢Ã¢â€š ¬Ã¢â€ž ¢s trademarks. This is an infringement of trademarks in the issue. Recently Xiaomi is requesting those retail shops and portals to stop selling their devices and close down the unauthorized website and retail shops, or else Xiaomi will be forced to take legal action such as sued them to protect Xiaomià ¢Ã¢â€š ¬Ã¢â€ž ¢s interest. Originally, Xiaomi smartphone werecompletely ban ned in India due to the infringement of patents. However, Xiaomi had successfully convinced that Delhi court that itsQualcomm-powered devices such as Redmi 1S in India. At the same time, Ericsson maintains and insists that Xiaomi must pay a license-fee regardless of the chipset. AlthoughXiaomishop.comis no longer functional, Xiaomià ¢Ã¢â€š ¬Ã¢â€ž ¢s headquarter plans to take with legal action against those other four or five websites also breaching the law which is using the name of à ¢Ã¢â€š ¬Ã‹Å"Xiaomià ¢Ã¢â€š ¬Ã¢â€ž ¢ without their permission. Ericsson denounces and sued Xiaomi that they continued selling their (MediaTek-powered) handsets even after January 8, which is clear law violation in this case. After that, the China-based OEM also said that they stopped selling all their MediaTek-powered devices in India after January 8 through Flipkart which is the only authorized dealer of Xiaomi in Asian countries. There are some Xiaomi-branded devices which are currently available i n India such as Mi4 and Redmi Note 4G with the Snapdragon-powered models, while the Redmi 1S is prohibited since it is powered by MediaTekà ¢Ã¢â€š ¬Ã¢â€ž ¢s chip. In a bid to diminish IP accusations and further comply with Indianà ¢Ã¢â€š ¬Ã¢â€ž ¢s laws, Xiaomi is considering to setup an assembly line in India that produce their product in Indian and sell them. Foxconn from China and Inventec from Taiwan are listed as potential partners, but negotiate and talks are still ongoing. Since Xiaomi wants to expand their business into new markets, it is possible to breaches and meets further legal obstacles of some countries and patent disputes of some competitors. Recently, Hugo Barra, vice president of the International Division of Xiaomi generally acknowledged that IP litigation is an inevitable part of doing business at San Francisco. In order to better defend and protect itself from other infringement of patents, Xiaomi had already amassed about 2,800 patents of its own products i n 2014. In a public statement which Ericsson said that they inquires the Dehli court to appoint a local commissioner or assistant director to examine and censor all Xiaomi smartphones that imported to India and the Dehli court was agreed. Xiaomi announced the temporary order was only valid until March 18. When the court will hold another hearing for the controversy, which it is involves Flipkart and Airtel which are Xiaomis authorized dealer in India. Xiaomi also planned to resort the legal action to protect its own interest from xiaomishop.com. In December, Ericsson said that they tried to talk to Xiaomi about royalties for the past three years but Xiaomi did not give any respond. Outcome Based on the issue above, several concerns will arise mainly for Xiaomi, Ericsson and those aunthorized dealer and unauthorized dealer. Xiaomià ¢Ã¢â€š ¬Ã¢â€ž ¢s Concerns Xiaomi had ran into a roadblock last year where its product which consist MediaTekà ¢Ã¢â€š ¬Ã¢â€ž ¢s processor areban from importing and selling in India due to a patent dispute from Ericsson. Xiaomi lost its 1.5 percent of shares since they canà ¢Ã¢â€š ¬Ã¢â€ž ¢t sell their MediaTekà ¢Ã¢â€š ¬Ã¢â€ž ¢s devices in India. At last Xiaomi managed to get the permission to resume its business but only for those device that run on a Qualcommà ¢Ã¢â€š ¬Ã¢â€ž ¢s processors but not MediaTekà ¢Ã¢â€š ¬Ã¢â€ž ¢s processor. Obviously the reason and root that cause of this patent dispute lies on those devices that run on MediaTekà ¢Ã¢â€š ¬Ã¢â€ž ¢s processor which allegedly infringed Ericssonà ¢Ã¢â€š ¬Ã¢â€ž ¢s patents on their AMR, 3G, and EDGE technologies. Xiaomi had try their best and putting lots of efforts in defend themselves and spent a lots of money. Finally Xiaomi has successfully managed to get the exemption for selected devices and models which run on Qualcommà ¢Ã¢â€š ¬Ã¢â€ž ¢s proc essors that have the licensing agreements with Ericsson. This make Xiaomi has to reintroduce theirRedmi 1Sthat consist Dual-SIM 3G and run with a Qualcomm Snapdragon 400 processor. Since the 3GRedmi Noteis prohibited, Xiaomi will try to introduce their latest Redmi Note 4G with single SIM that run on a Qualcomm instead of MediaTekà ¢Ã¢â€š ¬Ã¢â€ž ¢s processor which been banned in India. The issue happened in India doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t affect the business of Xiaomi, it has continue to expand their business all around the world. Ericssonà ¢Ã¢â€š ¬Ã¢â€ž ¢s Concerns Although Ericsson is not a market leader within smartphone manufacturing anymore, but the company is become a strong dominant force in wireless technology. Ericsson holds around 32,000 patents and 450 of them are in India. Ericsson had sued many companies such as Samsung and Xiaomi to protect its own interest. Ericsson had successfully protects its interest against Xiaomi. They sued Xiaomi for infringement of patent last year and they won the case. The Delhi court which handles the case had come out with a solution. The agreement between Ericsson and Xiaomi has clearly stated that Xiaomi has to pay royalties to Ericsson due to the infringement of patents. Unauthorized Dealerà ¢Ã¢â€š ¬Ã¢â€ž ¢s Concern Xiaomi had warning those unauthorized retail shops and portals to closed down their businesses. Those unauthorized retail shops and portal are selling the Mediatekà ¢Ã¢â€š ¬Ã¢â€ž ¢s devices in India and cause the infringement of patents. Xiaomi has the right to sue them if they still conducting their business without any acknowledgement from Xiaomi. The portal à ¢Ã¢â€š ¬Ã‹Å" xiaomishopà ¢Ã¢â€š ¬Ã¢â€ž ¢ has closed down because Xiaomi had forced them to do so. There are still 4 to 5 retail shops and portals that still conducting their business and selling Xiaomià ¢Ã¢â€š ¬Ã¢â€ž ¢s products. Authorized Dealerà ¢Ã¢â€š ¬Ã¢â€ž ¢s Concerns The authorized dealers of Xiaomi in India are Flipkart and Airtel are also affected by the infringement of patents. They also were selling the MediaTekà ¢Ã¢â€š ¬Ã¢â€ž ¢s devices before the Ericsson has sued Xiaomi. Their businesses are drop since the 3G Redmi Note are banned. Recently they are selling back Xiaomià ¢Ã¢â€š ¬Ã¢â€ž ¢s devices that run on a Qualcommà ¢Ã¢â€š ¬Ã¢â€ž ¢s processor.

Gender Inequality Around The World - 1437 Words

Gender Inequality Around the World In his book Half the Sky: Turning Oppression into Opportunity for Women Worldwide, Nicholas D. Kristof said, â€Å"In the nineteenth century, the central moral challenge was slavery. In the twentieth century, it was the battle against totalitarianism. We believe that in this century the paramount moral challenge will be the struggle for gender equality around the world†. Although women have made great strides in gaining equality, females around the world are not treated as equals to their male counterparts. Their education is taken for granted, their sports are not taken seriously, and their beauty is held to an almost unattainable standard. The inequality that women and girls face does not end here, but they are some of the most overlooked points on the subject. Although most places where girls are deprived of an education boys are too, more girls will not continue their education or will not receive an education at all than boys. 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Measurement of Optimization Performance †Free Samples to Students

Question: Discuss about the Measurement of Optimization Performance. Answer: Introduction: ITIL stand for Information Technology Infrastructure Library is well known framework for proper management of IT services. For many ongoing businesses round the globe it is considered as an important tool for service management and improvement as a practice and ideas. The core of ITIL has mainly five phases that are service strategy, designing of service, service transition, service operation and continual improvement of services(Ahmad et al., 2013). Various organization round the globe can get a number of benefits through the implementation of ITIL. The ultimate goal behind the implementation is to provide structure and flexible guideline across different IT services. There are some other benefits that can be achieved from it are higher satisfaction of user, improvisation of resource allocation, aims in providing and managing various services, Improvises the ability to manage various services. ITIL also aims in improvising control and transparency, more understanding and improvisati on of the ability to manage and analyzing changes (Marrone., 2014). Out of the above mentioned uses the top five benefits of ITIL implementation are ITIL is proven and used worldwide, Improved customer satisfaction, Better reliability and customer service, Advantage through value creation and use of agile change method. ITIL is proven and used globly: Use of ITIL in an organization aims in providing confidence for various action taken in an organization. Various firms round the globe can adapt ITIL as per the need of their business. Better customer relationship: ITIL is designed in such a way they can easily focus on the needs of the consumer and focuses on the experience of user rather than on technology (Suhairi and Gaol, 2013). Increase in the number or quantity of customer can lead to better and dependable relationship. Improvisation of reliability: Adaptation of standard can aim in providing easily deliver services to service level and efficiently. Various support teams can restore faster and reliable services. Optimization of delivery across supply chain:Benefits that can be achieved from the implementation of ITIL are reduction of cost of by 30 %, increased fixed call by 20%, increases value from various service portfolio which ultimately reduces cost and also minimizes risk associated with it. Advantage through value creation and Agile: ITIL aims in reducing the cycle time of project by 30% to 50%, increases the rate of success of change, it minimizes risk form unknown factors. One of the major opportunities in the improvement of quality and life style related to increase the usability of IT health care organization is to invest less on IT than in any other informative industries. 1the present system is comparatively primitive as compared with the industries like banking and aviation. There is a chance of quicker accessibility to the wider exhibit of data that also includes all the clinical results and outcomes, also provides clinical choice help, provides both outpatient and inpatient information that vary with the perspective of each other and also encouraging the estimation. Several number of organizations as demonstrates the quality could be improved substantially in various ways if the IT field use has been increased in the way that facilitates care (Bardhanand Thouin2013). Computerization of procedures that are mistake inclined and electronic choice help may considerably enhance both effectiveness and quality, and drastically encourage quality estimat ion. This report examines its present levels and quality in human services, how quality change and administration are right now done, the confirmation that more IT may be useful, a dream without bounds, and the boundaries to arriving. Most of the IT infrastructure in healthcare faces the issues of payment rather than any clinical requirements. Therefore it has been surveyed and observed that the billing system gets more priority than the clinical systems (Devaraj, Owand Kohli2013). While relying on the studies the shifting in correct figure, social insurance may contribute no less than the half of the gross income data innovation than other data concentrated ventures like keeping the money. Along with management of an account by worldwide principles for according to the Trade of information. Subsequently, it is easier to reach an ATM in Tokyo or Moscow and thus pull back cash with a card with a genuine restorative issue would be a somewhat extraordinary conditioned. Some of the other companies have utilized much greater information technologies as their competitive edge. Information technology thus results in the betterment if clinical quality has played a basic different role in other industries other than health care organization for several different reasons. Excellent IT services and high quality health care organization are closely linked. Most of the social insurance associations specified above are perceived as quality pioneers because of greater results clinically, that have accomplished to a limited extent in their data frameworks. Quality improvement now a data has gone at the level but is generally has very poor coordination (Gullifordand Morgan 2013). Organization practicing, hospitality and insurance programs all are intended to improve the quality but most of the system program gets overlapped and hence are marginally intact as compared to the others. Recent changes in the Information technologies has made as rapid adaptation of the IT in the healthcare organizations. The cost of computer processing preparation keeps on declining. While another more significant change is the Internet, which basically speaks to an economical, comprehensively disseminated stage that is pervasively accessible, even to little or geologically remote destinations. Thus, making it conceivable to circulate data and information at lower expenses will influence the conveyance of programming and information for quality change, estimation, and researches. Thus lastly the devices that are used will be increasing the allowance of this extension of the desktops system and would be used for many routine tasks like administering medications and capturing the vital signs of the disease. Finally the tasks regarding use of IT to improve the quality there are much left to learn especially regarding implementation and dissemination of the IT systems. Most of the small hospital and communication are based over the providers implementation and the patients needs. Thus role of internet and other technologies are quite important to the Health Care industries. References Ahmad, N., Tarek Amer, N., Qutaifan, F. and Alhilali, A., 2013. Technology adoption model and a road map to successful implementation of ITIL.Journal of Enterprise Information Management,26(5), pp.553-576. Bardhan, I.R. and Thouin, M.F., 2013. Health information technology and its impact on the quality and cost of healthcare delivery. Decision Support Systems, 55(2), pp.438-449. Devaraj, S., Ow, T.T. and Kohli, R., 2013. Examining the impact of information technology and patient flow on healthcare performance: A Theory of Swift and Even Flow (TSEF) perspective. Journal of Operations Management, 31(4), pp.181-192. Gulliford, M. and Morgan, M. eds., 2013. Access to health care. Routledge. Marrone, M., Gacenga, F., Cater-Steel, A. and Kolbe, L., 2014. IT service management: A cross-national study of ITIL adoption.Communications of the association for information systems,34. Suhairi, K. and Gaol, F.L., 2013. The Measurement of Optimization Performance of Managed Service Division with ITIL Framework using Statistical Process Control.JNW,8(3), pp.518-529.