The elements of a trademark - Free Essay Example

1.0 Introduction Intellectual property is what the mind creates. Through imagination in the mind, one creates literary and artistic works. The mind creates names, symbols, and images. There are inventions and designs, which are all part of intellectual property. The three main types of intellectual property are patents, copyright and trademarks. Patent is the exclusive right to market invention; whereas, copyright is the exclusive right to the author of the original work of the authorship. Trademark is the name, word, device, or symbol that is use in trade to show and to differentiate the goods (Mart, 2015). Intellectual property is protected by law, to have an environment, which innovation and creativity can flourish (WIPO, 2015). 2.0 Elements of Trademark Requirements to be A Trademark A trademark must be used in trade. The trademark law is use to regulate interstate trade. According to the Lanham Act, a trademark is a mark used in trade. The exclusive rights of a trademark are given to the first person who uses it in trade. Besides that, a trademark must be different from others. It is an identity to distinguish specific goods from one another. There a re four categories of distinctiveness. The arbitrary/fanciful or suggestive category is considered to be inherently distinctive. The markà ¢Ã¢â€š ¬Ã¢â€ž ¢s exclusive rights are determined by priority of use. The descriptive category is protected only if it has the secondary meaning in the minds of the public. The secondary meaning is needed to set up a trademark protection for a geographic term or a personal name. The generic category, they will never be eligible for trademark protection. Rather than indicating a unique source, they refer to a general class of products (Cornell, 2015). Trademark Infringement Firstly, to succeed on a claim of trademark infringement, the plaintiff must initiate that he/she has a valid mark qualified to protection and that the defendant used the similar or a same mark in commerce in connection with the sale or advertising of goods and services without plaintiffà ¢Ã¢â€š ¬Ã¢â€ž ¢s agreement. Moreover, the plaintiff must prove that defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s use of the mark is going to cause confusion as to the connection, affiliation or association of the defendant with the plaintiff. Thus, there are three distinct elements necessary to establish trademark infringement claims that are à ¢Ã¢â€š ¬Ã…“useà ¢Ã¢â€š ¬Ã‚ , à ¢Ã¢â€š ¬Ã…“in commerceà ¢Ã¢â€š ¬Ã‚  and à ¢Ã¢â€š ¬Ã…“likelihood of confusionà ¢Ã¢â€š ¬Ã‚  Use Use of a trademark by an alleged infringer must be established as a threshold matter. In commerce demonstrates that the allegedly infringing activities have a substantial effect on interstate commerce. Likelihood of confusion consumers viewing the allegedly infringing mark assume that the product or service it represents is associated with the source of a different product or service identified with a similar mark. 3.0 Trademark Case Apple vs Shenzhen Proview Technology Problem This case is about the rights to the iPad name between Apple and Shenzhen Proview Technology. Apple Inc. says it bought the global rights to the iPad name from Proview in 2009 but Chinese authorities say the rights in China were never transferred. A Chinese court ruled in December that Proview still owned the name in China. Verdict Apple has paid $60 million to settle a dispute in China over ownership of the iPad name. It removed a potential obstacle to sales of the popular tablet computer in the key Chinese market. Additional Information Proview initially hope for more. Proview was pressured to settle the case due to the debt they owed. Besides that, Proview also received pressure from the communist government to settle it because they wanted to attract investors to develop its economy. Unlike trademark squatters, who register names of products sold overseas and then request for the foreign com panies to pay for the rights later, Proview trademark the iPad name long before Apple had the idea for its tablet. Ending the dispute with Proview meant that the leading tablet maker can legally begin selling under iPad trademark in its second-biggest market (Arthur, 2012). Danone Biscuits Manufacturing (M) Sdn Bhd vs Hwa Tai Industries Bhd Facts On 29 October 1990, Danone Biscuits (the plaintiff) a biscuit manufacturer for Jacob, Tiger, Danone and THYE THONG biscuit applied to register their à ¢Ã¢â€š ¬Ã…“ChipsMoreà ¢Ã¢â€š ¬Ã‚  trademark in Malaysia. The trademark were then registered and renewed up to 20 October 2007. The company had been manufacturing, selling and distributing their cookies in Malaysia since 1990 and exported their cookies to other countries in the region. However, in early April 2001, Danone biscuits discovered that another biscuit manufacturer in Malaysia named Hwa Tai Industries (defendant) had been manufacturing and selling chocolate chip c ookies bearing the trademark called à ¢Ã¢â€š ¬Ã…“Chipsplusà ¢Ã¢â€š ¬Ã‚  The plaintiff argued that the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s trademark infringed upon its registered trademark and immediately requested the defendant to stop the manufacture and sale of cookies bearing the plaintiff trademark. Even though, the packaging of the product, were also confusingly same to the plaintiff registered à ¢Ã¢â€š ¬Ã…“ChipsMoreà ¢Ã¢â€š ¬Ã‚  mark., the defendant refused to do so and the plaintiff file a law sued against the defendant for trademark infringement. The plaintiff argued that the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s à ¢Ã¢â€š ¬Ã…“Chipplusà ¢Ã¢â€š ¬Ã‚  trademark infringed upon its registered trademark, while the similar packaging of the cookies causes the defendant passing off its à ¢Ã¢â€š ¬Ã…“Chipplusà ¢Ã¢â€š ¬Ã‚  cookies as the plaintiff à ¢Ã¢â€š ¬Ã…“ChipsMoreà ¢Ã¢â€š ¬Ã‚  cookies that will eventually affect the plaintiff reputation, business and goodwill in Malaysi a Judgment The High Court has made the decision in favor of the Plaintiff, ruling that there was infringement of the plaintiffà ¢Ã¢â€š ¬Ã¢â€ž ¢s trademark. Since the plaintiff had a registered certificate and renewal certificate evidencing a valid trademark and the plaintiff had not given the defendant authority to use their trademark, the defendant was found liable for infringement. An important issue that is highlighted by the Court was the trademark used was almost similar and it may likely create the possibility of confusion amongst the public. In Section 38 of the Trade Marks Act 1976 the word à ¢Ã¢â€š ¬Ã…“likelyà ¢Ã¢â€š ¬Ã‚  was define to mean that only possibility or probability of confusion needed to be established. Although the word à ¢Ã¢â€š ¬Ã…“Plusà ¢Ã¢â€š ¬Ã‚  and à ¢Ã¢â€š ¬Ã…“Moreà ¢Ã¢â€š ¬Ã‚  are two different words, there is sufficient similarity in idea. Furthermore, in deciding the similarity between two different words, the words has to be considered as a whole, by doing so, the court found the marks sufficiently similar to constitute trademark infringement on the defendant. Moreover, the use of similar trademark and packaging may possibly cause confusion and deception to a buyer of chocolate chip cookies. The rectangular packaging shape, the similar placing of both house marks are positioned on the upper left hand side of the packaging. Such misuse will damage the plaintiff business through the loss of sales of its products. Lastly, The Jury have made the decision that the defendant was liable and immediately ordered the defendant cease all manufacture of à ¢Ã¢â€š ¬Ã…“Chipplusà ¢Ã¢â€š ¬Ã‚  cookies. The defendant were asked to change the name and the packaging of the cookies in order to sell their cookies in Malaysia. Furthermore, the plaintiff requested RM5500 from the defendant as compensation misusing their trademark. The defendant paid and changed their cookies named to à ¢Ã¢â€š ¬Ã…“Kiddosà ¢Ã¢â€š ¬  . Opinion This case illustrates the importance of respect for intellectual property. In this modern business world, many profit seeking firms will tend to misuse others intellectual property to help market their own business. This will save them lots of cost and will rise to the market in just nick of time. In this case, it also shows how serious courts are in protecting trademark owners from misappropriation of their commercial advantage through the use of substantially identical marks. This is why, it is important for business owners to seek advice from intellectual property professionals before registering their trademark to avoid this kind of issue from occurring which will save the company lots of money and time. 4.0 Conclusion The benefits of intellectual property allow business owners to prevent unauthorized use of the protected IP. If a patent protects a product, the creation of identical or similar brand name to products can be prevented. Besides that, in the case of academics, RD teams and designers wanting to show that their technology is at the cutting edge of progress. Patents, copyright and trademark are a powerful indication that their work is cutting edge and they can be used as references in the same way as any other publications.

The Film Catch Me If You Can Accurately Show Frank...

Does the film Catch Me If You Can accurately show Frank Abagnale Jr’s crimes? I believe the movie glamorized Frank’s crimes and made them a little bit better than they actually were, of course you can expect this from Hollywood. Frank Abagnale Jr. made a lot of mistakes as a teenager. He was trying to make a life for himself out in the real world and be able to make money. Frank was determined too, he could think of amazing ways to make a buck. Which eventually led him to posing as a teacher, doctor, pilot on a commercial airline, CIA agent, and a lawyer. He also committed many different kinds of crimes including cashing fake checks at hundreds of different banks all across the world, printing fake checks, unlawfully obtaining private information and a plethora of other felonies. The list goes on and on, but comparing the events that took place in Catch Me If You Can to what actually happened in real life, the film made a numerous amount of mistakes in that aspect. They shot scenes that didn’t accurately show the details of his crimes but got the main idea. They do this to make the movie a lot more appealing to the viewers. Which isn’t a surprise, but knowing the true facts about this con man’s story is appealing enough. It is believed that Catch Me If You Can, as a whole, changed Frank’s story and the details about his crimes. There was a lot of uninformative and inaccurate information that was displayed as Frank Abagnale’s true story in the movie, the film makers

African American Students And Special Education - 923 Words

In education, the main goal is for all students to receive an equal and optimal opportunity for success, which also includes students with special needs. To ensure this aim is reached, schools ought to have measures in place to establish students who necessitate special education services to achieve and progress in their schooling. Contradictory to this idea, nonetheless, learners are inaccurately referred for special education placement. The process begins to become questionable when it happens recurrently and predominantly to one group of minority students, as is the case for African-American students. There is certainly a problem of disproportionality in special education population and creates a cause for concern and investigation. As stakeholders examine general education program practices, they will discover that there are many factors contributing to the overrepresentation of minorities in special education. The characteristics of educators having the greatest influence on the ir decision to refer African American students for special education are cultural differences, insufficient professional development, and poor general instruction. In the United States, white supremacy is still prominent. While some may disagree and believe the gaps are closing regarding equality in education, it is evident that Caucasian students are given more privileges. Jordan (2005) research shows that an educator’s assumptions and judgments have a significant responsibility for placingShow MoreRelatedAfrican American Students From Special Education1485 Words   |  6 PagesThe study also implies that all African American students are less likely than their European American colleagues to be withdrawn from special education. These African American students may exhibit lower achievement gains while in special education, according to the U.S. Department of Education, 2004 (Banks, J. j., Hughes, M. S. 2013). 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Disproportionality refers to the overrepresentation and under- representation of particular demographic groups in special education programs in relation to the overall student population (Disproportionality, 2008). Disproportionality can impact and have negative effects on a child throughout their entire education. This issue applies to various subgroups, but this paper will focus specifically on the o verrepresentation of minority students, African Americans in particularRead MoreSpecial Education in Classrooms Across America Essay708 Words   |  3 Pageslinguistically appropriate as well as based on core standards. Special education gives children instruction based upon their unique needs based on a documented disability. Student disabilities often involve mental, physical, emotional and behavioral issues that makes instruction a challenge. 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Reflections on a 12-Step Group Meeting Essays - 831 Words

This essay is a reflection on my observation of how a group interacts with each other. The 12-step meeting I attended was Overeater’s Anonymous (OA). OA uses the same Twelve Steps and Twelve Traditions as Alcoholics Anonymous, the words are changed from â€Å"alcoholic† to â€Å"compulsive overeater†. The meeting I went to had seven people in attendance even with this small of a group it was definitely a diverse group. All seven attendees were women whose ages ranged from a young college student to an elderly homemaker, there was a middle age professional (just left the office type), and a good old ranch gal boot wearing, hair in a braid ranch women. I was a bit nervous about being there but someone patted the seat next to herself and I†¦show more content†¦I thought this was extremely tight control for a small group meeting. However, in looking at the individual roles I can see that this member may be the complainer of the group. She did not have any power in the group, and I was about to find out she did not conform to the groups expected behavior. At this point in the meeting two different group members read the teaching and then Mary, the leader asked if anyone would like to share an experience. Mary looked at the group complainer and said please confine your sharing to the disease of compulsive overeating, rather than the events of the day or week. If anyone is having difficulties please speak to your sponsor or other members after the meeting. How a member shares is one norm for this group, sharing is timed and sharing needs to reflect hope or how the member used the program to overcome a difficulty. In an effort to create an atmosphere of sharing there is absolutely no feedback, cross talk or advice given during share time; this group norm is called a conscious. Mary, the leader stated the chair for each meeting had the discretion to let another member know if she was off topic or was speaking to long. 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America and Israel Essay - 1112 Words

In 1948, the United States was the first to recognize Israel as a new state in the United Nations; this quick action on our part shows how important having an ally in the Middle East is for America, and in addition the alliance helped the newly created nation. We had many reasons for continuing this rock-solid friendship, but perhaps the most important is that our values are the same. Israel is very like the United States; it’s the only democratic country in the Middle East, it wants to prevent war, and to gain stability and eventual peace the two recognized the need to work together to meet their mutual goals. Truman, with the Marshall Plan and his many aids and programs created for Israel’s benefit, was the first to not only talk†¦show more content†¦Truman used to general opinion to his advantage when he backed the popular plans of trying to come up with either a two states or one state solution. Truman partially felt for the Israelites, but he also had to think about what was best for the United States (Johnson). It is important for the United States to have an ally in the Middle East area of the world. The United States was never able to have a great relationship with the Arab nations surrounding Israel, and things like the failed Baghdad Pact in 1955, which was to strengthen the regional defense to prevent communism in the Middle East (Gerald Butt). In a way, however, the Israeli fighting against the Arab countries was just another war on communism that the United States got involved in, like Korea and Vietnam, but this one was much more important. The economy of the United States was growing tremendously, and one thing that we could gain from countries in the Middle East was that liquid money, oil. 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Global Poverty Goals and Prices Rates †Free Samples to Students

Question: Discuss about the Global Poverty Goals and Prices Rates. Answer: Introduction The report is aimed to look into the concept of Purchasing Power Parity, by taking the Big Mac product of McDonalds and comparing the prices in US Dollars with the currencies of other countries [1]. This concept in Economics says that the rate of exchange between two countries is equal when the purchasing power in both the countries is similar. This is a relative measure to analyze the changes in prices of products, affecting the purchasing power over a period of time. McDonalds Big Mac is considered for preparing the report, whereby 10 countries are considered to compare their local currency with the US Dollars and determine the price fluctuations in them. The countries considered for comparison are United States, Brazil, Denmark, China, Australia, Malaysia, Egypt, Russia, Hong Kong and South Korea. There are certain factors which affect the purchasing power parity. The factors include, prices of the commodities, kind of employment and wages provided to the consumers, currency and credit availability [2]. All these factors impact the purchasing of customers across nations. There are also certain problems, which arise due to the application of this method. These include, the method is based on statistics, related to the way parity computation is done. Only a sample of a commodity is considered, where the real price indices are calculated from that sample, rather than considering all the commodities present in an economy. Another problem is that the theory puts emphasis only on the exchange rate, rather than the income levels of people staying in particular countries. Concept of Purchasing Power Parity Purchasing Power Parity, a theory in economics, talks about the fact that when the purchasing power for two countries is same, the rates of exchange between those countries are equal. This theory puts stress on the fact of maintaining one price for products across different regions[3]. Economists believe that once the difference in exchange rates is taken into consideration, then every commodity would cost the same amount. In this report, Big Mac of McDonalds is considered with the price comparisons of the product done for 10 countries, taking US Dollars as the base[4]. Cost of transportation When goods get transported by the manufacturer to reach the marketplace, that cost incurred in transportation gets added by the retailer to the final cost of the goods. The farther the goods need to travel from the manufacturer to the market, higher is price charged for those goods from the customers in that region. Hence the purchasing power for customers living in close vicinity is far less as compared to the ones staying far away from the market. Thus the rule of thumb for Purchasing Power Parity, having one price for all, does not hold as price in different markets for the same good is not constant. Demand Prices of commodities are set by the manufacturers and they get adjusted according to the demand in specific marketplaces. High demand for the products leads to hike in prices and subsequently when demand falls, prices also come down. In this situation, the law applied for Purchasing Power Parity does not hold as customers staying in high-demand areas would have low purchasing power due to the high prices charged for the commodities [5]. Similarly people who live in areas with demand on the lower side, possess higher purchasing power because prices for the same products are less expensive. Taxes Taxes influence the pricing of goods to a great extent, which leads to the price variations for same product in different market areas. There are areas where sales tax applied, is higher[6]. In those regions, the purchasing power of consumers is less as the final price required to be paid for consuming the commodity is on the higher side. Similarly, the areas where the applicable sales tax is low, the consumers can have a higher purchasing power as the price they are required to pay is low. This differentiation is caused in prices due to the application of sales taxes on them, so the one price law in case of Purchasing Power Parity is no longer applicable. Prices The purchasing power of individuals gets directly impacted by inflation. This is the rate through which the general level of prices for goods and other services rise on a continuous basis, resulting in a fall in the purchasing power of currencies[7]. People are not inclined towards buying products by paying high prices, thus giving rise to a fall in demand. This problem can be tackled through increasing the wages, rate of interest and other related factors. Employment and Wages Level of employment and average salaries of the consumers in general have a great effect on the purchasing power. The logic behind this comes from the fact that more employment for people will bring more money into the hands of people, which would in turn lead to an increase in purchasing power [8]. Employment does not allow any nations currency to get stronger but has an effect on peoples purchasing power by bringing more money into the hands of customers. Considerations in Currency Fluctuations in exchange rates affect purchasing power to a great extent. Considering the case of McDonalds Big Mac, when there is a devaluation of currency against another, goods in the second country would cost higher in first countrys currency. Suppose, the price of Big Mac in Russia is 41 Ruble but in US dollars, the price is 1.32, then the implied PPP of dollar would be very high, around $15.1. Credit Availability The willingness of financial institutions like banks to lend money to businesses and consumers affect total purchasing power, just like higher salaries and level of employment do. When credit is available, companies and consumers tend to spend more than the amount they actually possess, thus they get a boost on their purchasing power. This gives rise to more number of products getting bought even in high prices. Analysis and Discussions on the price of Big Mac in local currency against US Dollars in 10 selected countries The analysis and discussions on the price of Big Mac in local currencies of those regions against US dollars in 10 selected countries are given below, taking the base price in US Dollars, charged for the product in US as $5.04 New Zealand In New Zealand Dollar, the Big Mac costs NZD $6.94 (market value), whereas the same product, if bought by someone staying in New Zealand after converting to US Dollars, he would have paid USD 6.03, which is far less as compared the amount he is paying in his own currency, which implies that Purchasing Power Parity is 5.80 (implied value). In this case Big Mac should sell for less in New Zealand. [9]. Argentina In Argentine Peso, a Big Mac would cost ARS $85.52. Whereas, when the Argentines are looking to buy the same product in US Dollars, they would have to pay far lesser amount of only USD 6.47. So, in this case if Peso is considered, the currency is overvalued, as for the same product, they are paying more. In this case, the implied PPP of the dollar is $66.57. Even in this case Big Mac should less in Argentina Japan In the currency of Japan, a Big Mac would cost JPY569.82. The Japanese people aiming to buy the product in US Dollars, would have paid only $7.95. The implied Purchasing Power Parity of US Dollar is 361.36. The product should sell for less in New Zealand than in the US. Switzerland Now coming to Switzerland, whose currency is Swiss Franc. For a Big Mac purchased in Switzerland, people need to pay, they have to pay 4.86 CHF, whereas when they try to buy that in US Dollars, they would pay only USD 3.96. The implied PPP of US Dollar is 6.18. Big Mac should sell for more in Switzerland. Saudi Arabia In Saudi Arabia, a Big Mac costs 18.90. When the currency is converted to US Dollars, only USD 8.35 is paid for the product. So, in that situation, people of Saudi Arabia could pay a lot less and get the same product, with the implied PPP of Dollar being 11.41 [10]. Product would sell for lesser amount in Saudi Arabia.[11]. Colombia In Colombian Peso, a Big Mac costs 15382.89. When the currency is converted to US Dollars, only USD 8.24 is paid. Then, people of Saudi Arabia would get the same product by paying lot less, with the implied PPP of the dollar being 9414.34. Hence the product would sell for more in Colombia. Indonesia In Indonesian Rupaiah, Big Mac costs 67382.28. When the currency is converted to US Dollars, only USD 11.12 is paid. The implied PPP of dollar being 30550.01, thus the product would sell for more in Indonesia. Hungary In this case, people of Hungary would have to pay HUF 1353.86 to get a Big Mac from McDonalds. When the currency gets exchanged with US Dollars, the product would cost US $8.32. The implied Purchasing Power Parity of the Dollar is 819.71. As the implied PPP is less, hence Big Mac should sell for lesser amount in Hungary. Fiji Here, people of Fiji would be paying 4.65 Fijian Dollar to get one 1 Big Mac from McDonalds. On the other hand, when the currency gets exchanged with US Dollars, then they would be paying US $0.578. The implied Purchasing Power Parity of dollar is 0.667. As the implied PPC is less, so Big Mac would sell for lesser amount in Fiji. Cyprus People of Cyprus would be paying CYP 5.29 to acquire a Big Mac. In US Dollars, they would need to pay only $1.98. Now the implied Purchasing Power Parity is 1.04. In this case, the implied Purchasing Power Parity is less, hence Big Mac would sell for less in Cuprus. This would not be feasible for McDonalds. Table to show purchasing power parity of 10 different countries: Big Mac Prices In local currency In US Dollars Implied PPP of the Dollar Actual Dollar Exchange Rates as on 1st Oct 2017 Undervaluation/ Overvaluation against US Dollar United States $5.04 5.04 New Zealand NZD $6.94 6.03 5.80 1.15 -404% Argentina ARS $85.52 6.47 66.57 13.21 -166% Japan JPY 569.82 7.95 361.36 71.67 -230% Switzerland 4.86 CHF 3.96 6.18 1.22 -406% Saudi Arabia 18.90 Saudi Riyal 8.35 11.41 2.26 -404% Colombia COP 15382.89 8.24 9414.34 1866.85 Indonesia 67382.28 Indonesian Rupaiah 11.12 30550.01 6059.55 Hungary HUF 1353.86 8.32 819.71 1.65 Fiji FJD 4.65 0.578 0.667 2.07 67.77% Cyprus CYP 5.29 1.98 1.04 2.67 Determine how much of a currency of a country is overvalued or undervalued against US Dollars after the calculations and provide justifications whether PPP holds good for Big Mac In United States, a Big Mac costs $5.04, whereas price of the same product in New Zealand is NZD $6.94. Using the dollar exchange rate, the cost in Dollars is $6.03. Calculation (6.94/6.03) = 1.15. Now, as Big Mac in New Zealand has a price of AS $6.94, so the implied PPP of the dollar is (6.94/5.04) = 1.37. Now through comparison of the implied Purchasing Power Parity exchange rate with the actual exchange rate for the NZD to the US Dollars, this can be inferred that value of NZD is higher by 16.426% in relation to the US Dollars [12]. In Argentina, the value of Big Mac in Argentine Peso is 85.52, whereas the price is US Dollars is $6.47. The implied PPP of the Dollar is 66.57. The actual dollar exchange rate as on 1st October 2017 is 13.21. The currency is undervalued against Dollar by a massive margin of 403%. Except for Fiji, in most of countries like New Zealand, Argentina, Switzerland Purchasing Power Parity policy is not going to work for Big Mac, hence this policy is not going to work in favour of the company. So, in most of the countries, the respective currencies are undervalued against Dollar by a fair margin. Purchasing Power Parity doesnt hold good for Big Mac, though there is a feeling that products can be traded in different currencies across nations through this theory. The prices in different countries get severely affected by tariffs, tax rates, difference in profit margins and differences in other items, which can be traded upon, such as rent. On a long term basis, exchanged rates do get influenced by relative price levels, rate of interest, preference for foreign over domestic goods and a nations productivity level. Conclusion The report concludes that though the concept of purchasing power parity helps to analyze the changes in prices of certain products, which affects the purchasing power over a period of time, this concept doesnt fit in for all the products. Different products have large deviations in level of prices, when exchange rates are applied. In case of Big Mac, this could be noticed that in most of countries, the concept of Purchasing Power Parity doesnt work when comparison is done by taking a base price. References Beckmann, J., 2013. Nonlinear adjustment, purchasing power parity and the role of nominal exchange rates and prices.The North American Journal of Economics and Finance,24, pp.176-190. Engel, C., 2013.Exchange rates and interest parity(No. w19336). National Bureau of Economic Research. Giovannetti, G., 2013. A survey of recent empirical tests of the purchasing power parity hypothesis.PSL Quarterly Review,45(180). Giovannetti, G., 2013. A survey of recent empirical tests of the purchasing power parity hypothesis.PSL Quarterly Review,45(180). He, H. and Chang, T., 2013. Purchasing power parity in transition countries: Sequential panel selection method.Economic Modelling,35, pp.604-609. Jedrzejczyk, M., 2012. Labor productivity parity vs trend of exchange rate.Modern Economy,3(06), p.780. Jolliffe, D. and Prydz, E.B., 2015. Global poverty goals and prices: how purchasing power parity matters. Jolliffe, Dean, and Espen Beer Prydz. "Global poverty goals and prices: how purchasing power parity matters." (2015). MacDonald, R. and Stein, J.L. eds., 2012.Equilibrium exchange rates(Vol. 69). Springer Science Business Media. McKinnon, R.I. and Ohno, K., 2016. 7 Purchasing power parity as a monetary.The Future of the International Monetary System: Change, Coordination of Instability?: Change, Coordination of Instability?, p.42. Patel, P.J., Patel, N.J. and Patel, A.R., 2014. Factors affecting currency exchange rate, economical formulas and prediction models.International Journal of Application or Innovation in Engineering Management (IJAIEM),3(3), pp.53-56. Ricci, L.A., MILESI?FERRETTI, G.I.A.N. and Lee, J., 2013. Real Exchange Rates and Fundamentals: A Cross?Country Perspective.Journal of Money, Credit and Banking,45(5), pp.845-865. Schulmeister, S., 2013. Currency speculation and dollar fluctuations.PSL Quarterly Review,41(167). Tsen Wong, H., 2013. Real exchange rate misalignment and economic growth in Malaysia.Journal of Economic Studies,40(3), pp.298-313.

Marketing and Competitive Environment for the University Brand

Question: Analyze the "Marketing and Competitive Environment" of a University Brand in Australia. Answer: Introduction and Background: This assignment is intended to describe the marketing and competitive environment for the university brand of Australia. University of Newcastle is considered by the learner to complete this total study. In this post-globalisation era, marketing and promotional strategy is everything to attract any customer towards any organisation. Different effective marketing strategy helps the customer to be aware regarding the product of organisation that helps them to make effective decisions in their near future. In this competitive environment, those organisations achieve success, whose marketing strategy is strong. Market summary: Education in the Australia is compulsory between the ages of 5 and fifteen or seventeen that mainly dependent upon the state or territory. The main budget for government for their education sector is the $489 million (Newcastle.edu.au, 2017). Therefore, it can be easily assumed that the growth of the sector is high. However, the percentage of the people that attained the post-secondary diploma is 34%. Therefore, number of students that enrolled them for the graduation course is very less in numbers. However, there are several students who come from different foreign countries and complete their higher education from Australian universities. Demand assessment: It has been observed that there are huge numbers of accredited and non accredited universities in all over the Australia. In Australia, 136097 numbers of students enrolled for the higher education in last year (Altbach Knight, 2013). It has been observed that, the number of enrolment is increasing in every year. China contributed 27.3% students among all of the international students that complete their graduate or post-graduate degree from Australian universities (Globalhighered.files.wordpress.com, 2017). Therefore, it can be easily determined that, the demand for Australia university is very high. If number of universities increases in Australia, then the demand for a particular industry will be increased according to the law of demand. On the other hand, if number of universities will be increased then, demand will be decreased. Figure 1: Law of demand (Source: Altbach Knight, 2013, p. 294) Segmentation and target market: There are different segmentation criteria, among which University of Newcastle mainly follow the geographic and demographic segmentation. By following the geographic segmentation strategy they attract students from different countries and different places such as rural and urban. On the other hand, by following the demographic segmentation criteria, UoN attracts students middle class family (Australian education exports reach AUS$18 billion in 2014/15. 2017). Along with that, they attract students belonging from all family sizes or any social status of Australia and other country. Their target customers are international and domestic students. They mainly target the students belonging from the lower middle class and higher middle class families. Marketing mix analysis: Marketing mix can be defined as the combination of different factors that are mainly controlled by any company for influencing the customers for purchasing the products. The marketing mix of the University of the Newcastle is as follows: Product: Product is the first element of the marketing mix. A product is the element that can be offered to any market for their consumptions so that their need can be satisfied. The products of the University of Newcastle (Australia) mainly involved bachelor degree courses and master degree courses: Bachelor degree courses: Bachelor of Arts Bachelor of laws Graduate certificate in the applied finance Graduate certificate in the applied linguistics Bachelor degree in the aboriginal professional practices Bachelor certificate in the advanced computing Graduation in the aviation management Master degree courses: Masters of the aviation management Masters in architecture Masters in the linguistics Masters in the applied business and health Price: Price elements of the marketing mix elements is one of the crucial elements that must be decided based on the affordability of the target customer group. This element can be quickly changed. University of Newcastle set two types of fees, among them one for domestic student and another for the international student. From domestic and full time undergraduate student, University of Newcastle charge $294 and they charge $220 from the part-time student (Australias international education sector worth more than previously estimated | Ministers' Media Centre, Australian Government. 2017). However, they charge high price from the international students. However, they have different scholarship scheme for both the domestic and international student. Promotion: Promotion is one of the most important elements of the marketing mix that helps nay organisation to attract their target customers through proper communication strategy. This element is intended to create awareness among the target customer group. UoN follows different promotional media such as website advertising, advertisings through social media as well as advertising through newspaper and television. They attract students by providing them several scholarships and concessions. Distribution: According to Altbach Knight (2013), distribution element mainly focuses on making any services or product of any company available to their customers. University if Newcastle offer their courses through the face-to-face or online or combination of the two. The university makes their product available through their Ourimbah, Calllaghan, Singapore as well as Sydney. The university has their three campuses on different places of the Newcastle. PEST analysis: PEST analysis is one of the environmental scan that helps to measure the market growth as well as decline based on the external environmental factors. PEST analysis of the University of Newcastle is as follows: Political factors: Present strategy of the Australian government increases the number of students by hiring them from diversified backgrounds. The strategy of the government enrols students in the universities who are belonging from the under-represented group such as the aboriginal people (Wright O'Neill, 2012). This strategy increases the number of highly educated people in the Australia as well as develops the education sector of Australia. Moreover, education sector of the Australia benefitted from different associated activities and funding by the Australian learning and teaching council. This helps the Australian education sector to secure more growth. Economical factors: In this current economic situation, value for the money, employability factors and sector wide funding are the significant issues. It has been observed that funding across the higher level of education is competitive as well as tight. This creates huge issues in funding for the universities. However, government allocates 5.10% of the total GDP on the education sector but it is not sufficient to generate a greatest infrastructure for education (Australia releases 10-year blueprint for expansion of its international education sector. 2017). Socio-cultural factors: The need and expectation of the students are increasing but the present education sector of Australia are currently following the traditional teaching style, rigid structures as well as antiquated technologies that are not sufficient to maintain the studentcentred approaches, which creates negative impact to create effective infrastructure for education (Williams Jacobs, 2014). However, the effective and efficient ways of the Australian universities to share or spread knowledge among students helps the student to conduct their study effectively. Technological factors: Technology has huge impact on the higher educational environment. It has been observed that present generation students are technically proficient so that different Australian universities have implemented technology in the learning and teaching. Moreover, universities applied effective technology such as blogs of the universities or their websites to share knowledge with the students (Kemp, Madden Simpson, 2012). Competitor analysis: It has been observed that, there are total 43 accredited universities in the Australia; therefore, it can be easily assumed that there is huge competition among those universities. The main reason behind that is the numbers of students who want the graduate and post-graduate degree from those universities are very fewer in number (Kift, Nelson Clarke, 2010). Therefore, the number of students is not very large in numbers; therefore, they have so many options available to them. However, there is less possibility regarding the threat of new entrants because the sector is segmented. Moreover, the initial costs to set up any university are huge and the initial legal process is also difficult. SWOT analysis: SWOT analysis helps to evaluate the strength, weaknesses, opportunities and threats of any organisation so that they can get the opportunity by avoiding the threats. The SWOT analysis of University of Newcastle is as follows: Strength: UoN has implemented the problem based learning system for their undergraduate students that helps them to gain more brief knowledge UoN currently has 1066 number of highly skilled and experienced academic staff that helps the organisation to generate huge reputation by providing good academic services to the students UoN is one of the public academic organisations that help them to get more fund for the development of the company. UoN currently has branches in 5 different places that help them to generate more profit by providing education services to customers (Course Details. 2017). Weaknesses: UoN followed two different fee structure for domestic and international student They provide admission to very little number of postgraduate students. Presently, the number of postgraduate students in their company is 8150. Opportunities: Currently, UoN has the branch in only one foreign country that is Singapore. Therefore, they can expand their organisation by implementing their branches in different country (Opinion Editorial: Australia's higher education sector is one of the best in the world. Fact.. 2017). They can increase sits for the post graduate students and other type of students. Threats: UoN is facing competitions from different public and private university that decreases the number of students in their organisation. Value as well as brand positioning analysis: Effective brand positioning strategy is important for any organisation to increase the competitive advantage for the organisation (Cruickshank, 2013). Australian education sector mainly followed the quality positioning strategy and describe their quality of standard so that they can attract more number of students from not only the country but also from the other country. Conclusions: From the above discussion, it can be clearly demonstrated that the education sector of the Australia is very much developed. Along with that, it is also saturated. Therefore, in order to increase the communication with the target customers it is very much important to apply the effective promotional strategy or promotional media. Moreover, a good relationship with the government is necessary to arrange the fund or achieve accreditation for the colleges. References Altbach, P. G., Knight, J. (2013). The internationalization of higher education: Motivations and realities.Journal of studies in international education,11(3-4), 290-305. Cruickshank, M. (2013). Total quality management in the higher education sector: a literature review from an international and Australian perspective.Total Quality Management Business Excellence,14(10), 1159-1167. Globalhighered.files.wordpress.com, (2017). Retrieved 7 April 2017, from https://globalhighered.files.wordpress.com/2009/04/theaustralianeducationsectorandtheeconomiccontributionofinternationalstudents-2461.pdf Opinion Editorial: Australia's higher education sector is one of the best in the world. Fact.. (2017).Group of Eight. Retrieved 7 April 2017, from https://go8.edu.au/article/opinion-editorial-australias-higher-education-sector-one-best-world-fact Australia releases 10-year blueprint for expansion of its international education sector. (2017).ICEF Monitor - Market intelligence for international student recruitment. Retrieved 7 April 2017, from https://monitor.icef.com/2016/05/australia-releases-10-year-blueprint-for-expansion-of-its-international-education-sector/ Australian education exports reach AUS$18 billion in 2014/15. (2017).ICEF Monitor - Market intelligence for international student recruitment. Retrieved 7 April 2017, from https://monitor.icef.com/2015/08/australian-education-exports-reach-aus18-billion-in-201415/ Kemp, S., Madden, G., Simpson, M. (2012). Emerging Australian education markets: A discrete choice model of Taiwanese and Indonesian student intended study destination.Education Economics,6(2), 159-169. Kift, S. M., Nelson, K. J., Clarke, J. A. (2010). Transition pedagogy: a third generation approach to FYE: a case study of policy and practice for the higher education sector.The International Journal of the First Year in Higher Education,1(1), 1-20. Australias international education sector worth more than previously estimated | Ministers' Media Centre, Australian Government. (2017).Ministers.education.gov.au. Retrieved 7 April 2017, from https://ministers.education.gov.au/colbeck/australias-international-education-sector-worth-more-previously-estimated Newcastle.edu.au, (2017). Retrieved 7 April 2017, from https://www.newcastle.edu.au/current-staff/our-organisation/Strategy-and-culture Course Details. (2017).Newcastle.edu.au. Retrieved 7 April 2017, from https://www.newcastle.edu.au/course/MKTG2102 Williams, J. B., Jacobs, J. S. (2014). Exploring the use of blogs as learning spaces in the higher education sector.Australasian journal of educational technology,20(2), 232-247. Wright, C., O'Neill, M. (2012). Service quality evaluation in the higher education sector: An empirical investigation of students' perceptions.Higher Education Research Development,21(1), 23-39.