How Adequately Intellectual Property Rights Protect the Position of the Creator - Free Essay Example

Sample details Pages: 10 Words: 2882 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Did you like this example? This essay will consider the topic of how adequately intellectual property rights protect the position of the creator, with whom those rights may reside. The essay will deal with four specific areas of this topic à ¢Ã¢â€š ¬Ã¢â‚¬Å" (i) intellectual property patents; (ii) copyright; (iii) trade marks and (iv) industrial design law. The essay will deal with the nature of intellectual property rights, their scope and efficacy. Intellectual property rights, and their various forms These rights accrue where something is created, such as where a scientist invents a machine that performs a certain function. Intellectual rights are legal rights, and they give the creator a right to ensure that a creation is not reproduced, without the authorisation of the creator. The intellectual property right therefore protects the creation, since the creation can, and usually is a saleable commodity. By extension the rights of the creator are also protected, because the creator may enforce these legal rights against any third party who attempts to reproduce their creation without authorisation. Thus a creation attracts a range of legal protections that a creator can enforce, thereby protecting the profitability of the creation. Intellectual property rights can be transferred, as the right of protection is tied to the creation, more than it is to the creator, and this frequently occurs, for example in relation to the intellectual property rights in drugs that are owned originally by a given scientist, but transferred to the company that may employ the scientist, and fund their research. Intellectual property rights are protected depending on the nature of the item that is to be protected, and these protections can take specific forms such copyrights, or patents depending on the actual nature, properties and characteristics of what is to be protected. A patent offers protection regarding the intellectual property rights in a new invention. Patent protection is more directed at the process through which a creation is created . It focuses on the process itself, thereby protecting how a creation is created. There are certain criteria that apply to distinguish a patent as opposed to another form of intellectual property protection. These are: the invention must be new, and contain an innovative step that is original. There must be scope for the creation to be used within industry. In order to be patentable, the creation must not be a scienti fic, or mathematical discovery, theory or method, a literary work or some form of performance, a way of presenting information or of doing business or performing, a variety of animal or plant, a diagnostic technique or medical treatment. Furthermore a patent must not offend public policy or morality. A patent, therefore is where intellectual property rights accrue within a certain set of parameters, such as where a timescale applies. An example of this is the intellectual property rights that accrue to drugs manufacturers à ¢Ã¢â€š ¬Ã¢â‚¬Å" these are protected by patents, and international law provides that these last for a given length of time, which in turn enables third parties to reproduce the drug after the patent has expired. A patent must almost always be applied for, with the authorisation of the creator. Copyright protects particular types of works. Usually this is works that have an author, such as a book, article of some type of performance, such as a musical or other artistic performance. The Copyright, Designs and Patents Act 1988 gives automatic protection to the work of such a creator. In the UK the main source of legislation that protects the position of the creator is the Copyright, Designs and Patents Act 1988. Don’t waste time! Our writers will create an original "How Adequately Intellectual Property Rights Protect the Position of the Creator" essay for you Create order The rights of creators under the various types of intellectual property rights In regards to copyright, there is no need to apply for a patent , although it must be borne in mind that particular exemptions apply. The operation of these exemptions offer some level of accessibility to third parties, who can reproduce the work for a particular, defined purpose without infringing the legal copyright of the creator. An example is where a book, protected by copyright is borrowed from the library by a student, and the student photocopies the contents of it for study purposes. The student is authorised under statute to do this, as long as the photocopy is used for this particular purpose. Likewise a tutor may use a book in the same manner. This exception is known as the fair-dealing exception. The protections available to copyright holders are premised on defaulted assumptions that operate automatically. This gives the creator a specific and in many senses, quite a clearcut level of protection where their copyright may have been infringed. The exemptions, while they appear to quite wide-ranging are nevertheless limited to very specific types of non-commercial situations, and due to this, it would be difficult for the exemptions to be abused in order for the intellectual property rights of the copyright holder to be infringed. The copyright, as far as this protects the position of the creator is therefore quite an effective construction. It may be seen as cost-effective as a copyright holder does not have to incur any expense prior to any potential infringement of their copyright. The rights of the copyright holder may therefore be seen as quite effectively protected under the law of England and Wales. The situation of the intellectual patent holder is different, for a number of reasons, and the case for how well the creator is protected under the system is not quite as clearcut. By contrast with the situation in respect of copyright holders, the intellectual property patent is a source of protection that must be applied for, and granted. Patent rules thereby impose an obligation on the creator to acquire protection, and to prove that the creation in question is worthy of such protection. In this sense the copyright protection accrues on a defaulted basis, whereas the patent is a different mechanism that must be activated, before it creates an enforceable right of intellectual property right protection. However, the automatic nature of the protection that is created by a copyright has the drawback that rights are qualified by statutory rules, and this is something that the intellectual property patent is not as susceptible to. The situation of the patent-holder creator is therefore affected by complex factors including the nature, and means through which intellectual property rights may be invoked and the manner is which they are created in the first place. The most starkly relevant point is the level of obligation placed upon the would-be patent holder who is the creator of an invention . This burden imposes a high level of expense on the part of the creator, and due to the availability of the mechanism, the recourse that may be affected by creators that fail to use it are quite limited. Furthermore, the creation of a patent does not offer a full level of protection to the patent holder, since any allegations that the patent has been infringed are subject to the burden of proof in legal proceedings and proving an infringement is yet another potential complex and expensive engagement with legal processes. On the other hand however, the obligation placed upon the patent holder requires the creator (or the third party to whom a creator may have passed their intellectual property rights to) to define their creation, and explain its purpose clearly, within documents that are recorded and held by third parties. This process may arguably safeguard the position of the patent holder since the prior description may be helpful in terms of proving any future potential infringements. The complex nature of the patent can also confer rights on the creator of a patent, where that creator has assigned the rights of the creation patented, to a third party such as an employer. This is a situation that is commonly experienced, where a pharmaceutical company, for example hires researchers to research the creation of new drugs. This was the situation in the case of James Duncan Kelly and Kwok Wai Chiu v GE Healthcare Ltd [2009] EWHC 181, (PAT) . The background to the case was that the claimants were employed by GE Healthcare (the respondents) and during the course of their research, commissioned by their employer they developed an extremely profitable creation, which their employer benefitted from immensely. The case appears to contradict the statutory provisions that govern patents commissioned by employers through research in these circumstances (section 39 of the Patents Act 1977), since these provisions automatically vest the rights arising from creations made in the course of employment into the possession of the employer. The judicial analysis in James Duncan Kelly and Kwok Wai Chiu v GE Healthcare Ltd [2009] EWHC 181, (PAT) identified the rights of the employees as limited, and the profit they made from the venture was actually referred to as compensation in the judgement, but the judgement nevertheless does appear to considerably strengthen the position of the creator, where the creator is employed and assigns the rights associated with their creation to a third party (in this case, the employer) . It may be argued therefore, that while there are considerable obligations placed upon a creator, in terms of obtaining patent protection, the developed body of patent law, regulation and rules appears to have quite an equitable approach to the enforcement of a patent, and this may not necessarily be visible within the other areas of intellectual property regulation. Trademarks, too are a separate category of intellectual property rights that have specific characteristics. A trademark is a mark that indicates or signifies information. It is usually used to indicate that particular items have a unique source, and trademarks are commonly used by businesses or individuals, so that their products or services may be distinguished readily among potential users of the trade-marked goods or services. Problems can arise with the use of these trade marks, for example a well known brand of boots à ¢Ã¢â€š ¬Ã¢â‚¬Å" UGG boots for example are known for their unique style, durability and quality. Another manufacturer can reproduce the boot, but use a trademark that is slightly different although not easily distinguishable from the original UGG logo. Due to the, customers identifying with the UGG brand can confuse the two, and purchase the other UGG brand. This can be potentially damaging to the original UGG provider for two main reasons. Firstly, it can divert business from the original UGG provi ders due to the confusion about the brand, and secondly where another provider sells poor quality boots, this can damage the reputation of the original UGG provider, where there is confusion about the trademark, due to similarity with other trademarks. These difficulties have resulted in trademarks being given intellectual property status, and legal protection. Again however, the protections offered in connection with trademarks are different from the other forms of intellectual property rights protections that have previously been discussed in the essay. Trademarks are protected where they are used in a market, or where they are registered. In this sense there is a dual form of legal protection available in contrast with the law of copyright, which is automatic and the patent, which requires registration. In this sense the trademark may be seen as having benefits associated with copyrighted material, as well as patented material. This being said however, the rights that ma y be enforced by the owner of a trademark that is not registered, are far more limited than the rights that may be enforced where the trademark is registered. Furthermore, there are additional costs burdens on complainants wishing to enforce intellectual property rights in connection with an unregistered trademark. Perhaps the main advantage of the particular operation of the trademark intellectual property right is the retrospective nature of the operation of the intellectual property right, which sets the trademark apart from the patent in many respects. The owner of a trademark must also grapple with the changing socio-political and socio-economic developments such as the increased use of global markets to conduct trade. The internet, likewise and the range of associated technological developments that have emerged over recent years, have also changed the nature of protections available to the owners of trademarks. In response to this the Madrid and CTM systems of t rademark registration have emerged. The Madrid system is an international system for the registration of trademarks, which enables a trademark to be registered across multiple jurisdictions. Likewise, the Community Trade Mark system is a trademark system that operates on the basis of EU policy, law and agreements. It enables trademarks to be registered across multiple jurisdictions. However, both of these systems have a single drawback à ¢Ã¢â€š ¬Ã¢â‚¬Å" they are not fully international, and thus the owner of a registered trademark may be susceptible to infringements of their trademark intellectual property rights, where the agreements are not effective, for whatever reason. The Madrid system has proven to be the most successful, as problems have been identified with the dual approach to the protection of trademarks, under the Community Trade Mark system, given the fact that most EU jurisdictions have national schemes for the protection of trademarks, that operate in conjun ction with the EU-wide one. The Madrid system however, has a more central focus and it enables the owner of a trademark to file a single application for trademark protection, and use it to obtain protection in the other jurisdictions that are subscribed to the intellectual property rights protection system. That person attempting registration does not have to apply in the other jurisdiction also, and this means that the Madrid system is widely regarded as being more cost-effective. The situation of the creator in terms of industrial design law is essentially one that is highly specific and individual, setting it apart from the other areas of intellectual property concerns. The creator of an industrial design can acquire intellectual property rights to that design whether the design is registered or not. This sets it apart from the position of the patent. However, the structure of the design right may be seen as flawed however, given the length of time that an intellectual p roperty right can last (usually 15 years, and 25 in some cases). The time limits that apply to patents may be seen as more justifiable, give that on many occasions the removal of the patent paves the way for cheaper drugs manufacture in developing countries. This essay has considered four separate areas of intellectual property law à ¢Ã¢â€š ¬Ã¢â‚¬Å"copyright, trademarks, patents and industrial design law. The characteristics of each has been evaluated and considered. Essentially each intellectual property protection provision is different with its own approach to the protection of specific types of intellectual property rights. It has been argued that the operation of the protection and how it may be created is critical to the value of the protection offered to the creator. It has been argued that the position of the creator is arguably protected better in a situation where some form of retrospective remedy, or prior protection is given to the creator. Nevertheless, the regulation of patents, notwithstanding that it does not have this constitution, may be seen as progressive given the equitable approach to the assignment of rights from creators that are employees, to their employers that was demonstrated in the case of James Duncan Kelly and Kwok Wai Chiu v GE Healthcare Ltd [2009] EWHC 181, (PAT) . The essay has also addressed how the changing socio-political and socio-economic climate has affected the situation of the creator in terms of intellectual property protection. It has been argued that these changes have impacted the world of intellectual property protection by making it more complex, and more onerous on particular firms and businesses in terms of operating their businesses. It must be acknowledged however, that the framework for the operation of intellectual property protection is regulatory, and due to this it is quite impossible to have a perfect system. There will always be complexities and difficulties that arise from the very process of regulation. In the case of intellectual property protection it may be argued that the different legislation provisions that specifically target each area of intellectual property protection are unique and tailored to the particularities of their remits. Given this complex fabric, it is difficult to compare and contrast the systems, and identify one that is more flawed, or more advantageous to the situation of the creator. The writer has therefore attempted to highlight how each system may advantage and disadvantage the situation of the creator. Bibliography Books Banbridge, D. (2006) Intellectual Property (6th Edition) Longman, UK. Bently, L. and Sherman, B. (2004) Intellectual Property Law (2nd Edition) Oxford University Press, Oxford. Lawson, F. and Rudden, B. (2002) The Law of Property (3rd Edition) Oxford University Press, UK. Panesar, S. (2001) General Principles of Property Law (1st Edition) Pearson, UK. Articles Cohen, J. (2009) Share and share alike. The New Law Journal. 159 NLJ 465. Forte, P. (2008) In practice: legal update: copyright, music and exemption. The Law Society Gazette, 27th of November, 2008. Leong, S. (2007) Copyright infringement in a borderless world International Journal of Law and Information Technology 15 (38) Zeko, G. (2007) State Cyberspace jurisdiction and personal cyberspace jurisdiction International Journal of Law and Information Technology 15 (1) Other Sources Halsburys Laws of England and Wales (2006) Copyright, Design Patent and Related Rights Nature of Copyright (Volume 9 (2) Paragraph 3) Halsburys Laws of England and Wales (2009) Trademarks (Volume 11 Paragraph 1-1108) Halsburys Laws of England and Wales (2009) Patents (Volume 11 Paragraph 1-1108) Halsburys Laws of England and Wales (2009) Copyright (Volume 11 Paragraph 1-1108) Halsburys Laws of England and Wales (2009) The Copyright, Designs and Patents Act 1988 (Volume 9 (2) Paragraph 54)

Same Sex Attracted Are More Vulnerable From A Mental Illness

The issue that will be investigated is ‘Those Who Are Same Sex Attracted Are More Likely to Suffer from a Mental Illness’. When comparing homosexual and bisexual people to heterosexuals, the homosexual and bisexuals are twice as likely to experience anxiety and are three times as likely to experience depression and related disorders. Previous studies and statistics will provide evidence that will support the statement being investigated. Campaigns will be illustrating how organisations are trying to prevent homophobia and improve the overall wellbeing of people who are same sex attracted. The three different kinds of homophobia being internalised, interpersonal and institutional will be explored, as well as the concept of heterosexism. The issues involving the government and the community creating prejudice will be examined. Including ways that members of the community and government can control discrimination providing social justice towards LGBTI (lesbian, gay, bisexu al, transgender and intersex) people. Homophobia includes discrimination or abuse, which is based on someone’s homosexuality or sexual orientation. This can negatively impact the emotional and physical wellbeing of people who are victimised. There are three main types of homophobia that are known as the three I’s, which are internalised, interpersonal and institutional. Internalised homophobia is the fear or hatred of homosexuality that exists in ones own mind, such as making a determined effort to dress orShow MoreRelatedChina s National Strategy Of Hiv / Aids Prevention Programs1346 Words   |  6 Pagesstrategy of HIV/AIDS prevention, the group of men who have sex with men (MSM) has attracted much attention in the latest decade. In the year 2008, the Ministry of Health officially announced that gay men would be one of the targeted groups in HIV/AIDS prevention programs, as part of its national health initiatives[[1] AFP (2008, February 20) China launches first anti-AIDS drive for gay men: state media. R etrieved September 21,2015, from http://www.avert.org/hiv-aids-china.htm#footnote51_2gjd2tgRead MoreThe Riot That Occurred During The Early Morning Of June1116 Words   |  5 Pagestransvestism, and transgender sex changes were considered signs of mental illness. Painful electroshock therapy was often enforced upon those who displayed homosexual behavior. They were the objects of public suspicion, job discrimination, and outright violence. Gays, lesbians, and other sexual minority groups were stigmatized by society and harassed by law enforcement (â€Å"The Stonewall Riots†). The negative perception of homosexuality began to change in the 1940s as it gradually became more public. This is partiallyRead MoreBetty Ford and Her Time in Office1786 Words   |  7 PagesIn December of 1973, Gerald Ford, who had in the previous year considered retirement from politics, was appointed as Vice President under Richard Nixon, after Vice President Spiro Angew forcibly resigned. On August 9, 1974, in an unprecedented mov e, Richard Nixon resigned from Presidential office under the political and social pressure of the captivating Watergate scandal. In this torrential turn of circumstances, under United States law, Gerald Ford became the 38th President of the United StatesRead MoreThe Life Course and Social Workers Essay2668 Words   |  11 Pagesâ€Å"The life course is the progression and path an individual takes from conception to death, and considers that the whole life of the individual presents opportunities for development, change and growth† (Crawford and Walker 2010). Being aware of what life course one’s on and the impact of transitions within a person’s life course is important for social work practice. It is important that social workers reflect on both their own and other’s experiences throughout the life course and support thisRead MoreLgbt19540 Words   |  79 Pagestransgender and along with heterosexual they describe peoples sexual orientation or gender identity. These terms are explained in more detail here. Lesbian A lesbian woman is one who is romantically, sexually and/or emotionally attracted to women. Many lesbians prefer to be called lesbian rather than gay. Gay A gay man is one who is romantically, sexually and/or emotionally attracted to men. The word gay can be used to refer generally to lesbian, gay and bisexual people but many women prefer to be calledRead MoreSexual Abuse And Its Effects On Children Essay3457 Words   |  14 Pagesexposing a child to sexual intercourse 3. Sexual exploitation ïÆ'Ëœ Engaging a child for the purpose of prostitution ïÆ'Ëœ Using a child for pornography Sexual abuse does not necessarily have to be physical. Other behaviours that count as sexual abuse apart from physical exploitation are: †¢ Voyeurism- is a practice in which the individual derives sexual pleasure in observing other people engaged in sexual acts, nudity, undressing or in whatever other way the individual finds pleasurable. According to theRead MoreCritically examine sociological explanations for the emergence and growth of religious sects in an apparently secular society.5615 Words   |  23 Pagesreligious group with characteristics, which distinguishes it from either a Church or a denomination. Many groups which fit this definition now prefer the less contentious title of new religious movements, because over the last fifty years, sects have become linked with brainwashing, mass suicide, and even a murder. One of the examples is the suicide of 900 members of the Peoples temple. Sects are not a new phenomenon and they have always attracted controversy. Throughout History, humanity has formedRead MoreNvq Unit 175585 Words   |  23 Pagesrelationships as follows; A = Acquaintance/attraction. We meet other people and feel an initial attraction, often based on physical beauty and similarity. B = Build-up. We become increasingly interdependent as we reveal more and more about our private selves. We get irritated by one another, but the more pleasant aspects may well keep the relationship going. C = Continuation/consolidation. Longer-term commitments are made, such as marriage. The partnership enters what may be a life-long stable relationship. DRead MoreThe Sociology of Women: A Study4847 Words   |  19 Pages Sociology of Women Table of Contents 13 Myths and Misconceptions about Trans Women 3 Abortion is every womans right 4 Women with Disabilities: The Double Discrimination 5 Sex Segregation in the Workplace 6 The Fourth Wave of Feminism- Psychoanalytic Perspectives Introductory Remarks 7 The Social Construction of Sexuality 8 Masculinity as Homophobia Fear, Shame, and Silence in the Construction of Gender Identity 9 Homophobia as a Weapon of Sexism 10 Before Spring Break, theRead MoreInfluence of Advertising3893 Words   |  16 Pagesinformation An obvious reason for advertising is simply informing people of the existence of products they might be interested in buying. No one will buy something that they don t know exists, no doubt about that. When more people know about a product, more of it will be sold. I remember an ad from an advertising agency that was about advertising itself. They said that it was good that there is advertising, as it is an important source of information about products. If that were all, most people would embrace

Resume Free Essays

Developing departmental staff assessments, policy papers, directives, management policies, standards, and procedures involving the NRC protective force programs, protection program planning and Site and Security Plans. Conduct evaluations and inspections to ensure that Department facilities comply with established security standards and to determine the needs for adjustments or upgrades to the level of uniformed protection provided Conduct security inspections and security analyses of facilities involved in special program security test and evaluation programs. Identifies the necessary changes regarding policy, procedures, training and standards from inspections, surveys, and audits of the site. We will write a custom essay sample on Resume or any similar topic only for you Order Now Results: Responsible for the training and instruction with established guidelines, standards in support of the nationally developed training programs regulated by the Nuclear Regulatory Commission. Serving as one of Facility Security Officers in support of the security education, safeguard and administering self-inspections in support of the NRC Serving as one of the Security Technical Representative on Installation Access Control Systems I ark closely with contractors and other security professionals for security clearance and access within a regulated nuclear facility. Accountable for the continues evaluation of all the protective measures and procedures governed by both the NRC and Industry. I review and evaluate all access control systems and security systems. Work with security senior management, in making recommendations on the modifications and improvements in order to enhance physical security and increase the efficiency with in the nuclear facility. Control multi-disciplinary security training program and provide and train on government and industry standards which includes identifying the need for facility protection along with the development and maintaining the protection. Department of the Army, Fort Believe, Virginia Police Supervisor (Lieutenant) Directory of Emergency Services 1 11201 0 to 04/201 1 Supervised the training, and development of subordinate police officers and other assigned staff. Acts as first responder to all types of emergencies or volatile situations such as terrorist attacks, hostage/barricaded situations, mob threats, vehicle accidents, robberies, hazardous material incidents, and other emergencies. Assisted officers by providing interpretation of departmental policies and procedures. Performed as the leader of the tactical response team and assisted in training newly hired officers. Directed activities of personnel engaged in preparing budget proposals, maintaining police records, and recruiting staff. Results: Took relevant steps to establish new policies and procedures by maintaining and setting new standards. Commended on my abilities to revived proactive measures in ensuring and monitoring the department’s budget and spending habits. Awarded for my abilities to maintain a positive relationship with the community while enforcing the policies, regulations and law. CSS Army – ASPICS-E (U. S. Army Corrections Facility-Europe)/ Anaheim, Germany. Senior Corrections Supervisor, 08/2006 to 07/2010. Managed operations of a 146-bed, medium custody, joint-SE;CE corrections facility. Supervised facilities operations, physical security, safekeeping, custody and control of confined prisoners and staff of 100. Coordinated Security efforts across the organization, including Information Technology, Human Resources, Communications, Legal and Facilities Management. Developed internal management controls to identify resource requirements related to security, forwarded recommendations, corrected problem areas and conducting annual facility reviews. Maintained facility records and prepared daily reports and correspondence. Provide data entry into the security management system. Provided leadership with tracking all projects daily administrative duties. Oversee and provide a continuity of security for agility, personnel, visitor control, document control and equipment for all Special project Security matters. Results: Directed accreditation process with American Correctional Association, receiving overall rating of 98. 9 percent for its operation and physical security of the facility. Earned the USAF-See’s highest rating. Was the first of five facilities in the U. S. Army’s Corrections Command to receive USAF-See’s national and its only CA international accreditation. IIS Army – Co 701 SST Military Police Battalion/ Fort Leonard Wood, MO. Military Police and Corrections Committee Chief/ Instructor/Writer, 08/2001 to 08/2006. Provided administrative, logistical, personnel and training support to staff and students of U. S. Army Military Police School. Maintained use of two buildings, video equipment, communication systems, classrooms, audio-visual equipment and ammunition valued in excess of MM. Prepare correspondence, reports, and documents related to security duties in a articulate, perceptive, and tactful way. How to cite Resume, Papers

Domestic Violence Essay Research Paper For my free essay sample

Domestic Violence Essay, Research Paper For my psychological science paper I chose to make Service Learning. I volunteered 20 hours at the Benton County Women # 8217 ; s Shelter. I enjoyed the clip that I served at that place. They truly made me experience needed and welcome. I decided, nevertheless, that I would non be capable of a calling in this field. Merely in the little sum of clip that I volunteered there my bosom wrenched for the misss at that place. I felt helpless to make more for them. And yes, I even felt sorry for them. That is non to state that I am non traveling to go oning volunteering. I have arranged with the organisation to volunteer two Saturday # 8217 ; s a month. Possibly it is me that is weak. I suppose to some grade we are all weak. But the adult females I encountered there had the assurance of a kid merely get downing to walk: determined, but rickety. I couldn # 8217 ; t watch the interior struggle and trouble these adult females endure on a day-to-day footing. I have gained a regard and esteem for those who can. However, my chosen field of survey is Public Relations and it is my hope to someday derive a place at a charitable organisation and go a spokeswoman for a greater cause. The Benton County Women # 8217 ; s Shelter is a non-profit organisation, a corporation with an overall intent to work towards relieving the jobs of household force. They provide shelter, guidance and fiscal aids to adult females in an attempt to transfuse a sense of self-purpose and self-esteem. I learned within my first hours of service what a benefit this service is to the adult females at that place. Without it, several would hold no where to travel. However, through my voluntary work, I seemed to see the same form repetition itself over and over. The adult females had small or no self-esteem. Most came from poorness state of affairss. All of the adult females I encountered had kids. All seemed unsure of their ability to back up themselves and their kids. Alcohol reappeared over and over once more. Aggression jobs surfaced in both the adult females and their kids. Largely, all merely seemed lost and were seeking for a beginning of comfort and security. That is what we do at the B enton County Women # 8217 ; s Shelter. We give the adult females a sense of dignity. We teach them how to crush the rhythm of maltreatment. Domestic maltreatment in the United States is a large-scale and complex societal and wellness job. The household is possibly the most violent group, with the place being the most violent American establishment or puting today. Sadly plenty, the bulk of people who are murdered are non likely killed by a alien during a hold-up or similar offense but are killed by person they know. In one out of every six matrimonies, the married woman is physically William claude dukenfields 2 abused. Every 15 seconds a adult females is battered in the United States. Daily, four American adult females lose their lives to their hubbies or fellows, bing more than tierce of all female homicide victims. These Numberss report that excessively much force is directed toward adult females. Violent households are easy to depict but hard to explicate. Research on household maltreatment has, on a consistent footing, found that the phenomenon is associated with intergenerational transmittal, low socioeconomic position, societal and structural emphasis, societal isolation, and personality jobs or abnormal psychology. Traditional theories on the causes of domestic maltreatment focal point on such factors as people # 8217 ; s single features and life experiences, including the presence of jobs such as societal and structural emphasis, societal disaffection, unemployment, poorness, substance maltreatment, past kid maltreatment, personality upsets, abnormal psychology, and depression. While domestic maltreatment can be studied through # 8220 ; mental lenses # 8221 ; that are psychological or sociological in nature, it is of import besides to analyze this issue from a medical/public wellness position. While many theories have been proposed to explicate the causes of household maltreatment, one of the most utile has been the societal acquisition theory ( Wade and Tavris, 285-289 ) . It has been proposed that larning be composed of both a mold constituent and # 8220 ; mutual influence # 8221 ; . The latter suggests that we can determine our hereafters by act uponing our environments. In explicating how societal acquisition theory explains household maltreatment, psychologist O # 8217 ; Leary ( Wekesser and Swisher, 1994, 232 ) analyzed the effects of patterning on behaviour, the function of emphasis, the usage of intoxicant, the presence of relationship dissatisfaction, and aggression as a personality manner. Modeling involves the observation by the kid of physical aggression by the parents or the direct experience of holding been physically abused ( Websdale, 184-186 ) . In a survey of married woman maltreatment and matrimonial colza, it was found that sing parental force was every bit of import in making a future form of maltreatment as the direct ex perience of kid maltreatment itself. Modeling, hence, increases the likeliness that one will utilize force in order to manage interpersonal troubles. Domestic maltreatment typically follows a # 8220 ; rhythm of force # 8221 ; form. There are three stages in the rhythm of force: tension-building, acute banging and the honeymoon William claude dukenfields 3 stage. During the 10 sion-building stage, the batterer becomes progressively dark, hostile and critical of his spouse. Minor buffeting incidents may happen. During the acute banging stage, the batterer is likely to assail the victim. Major assault of the victim, physically and psychologically, normally distinguishes the ague buffeting incident from the minor banging incidents that may happen during the tension-building stage. Shortly after the ague buffeting stage is the honeymoon stage. The batterer may apologise, implore forgiveness, or assure that the violent behaviour will neer go on once more. There are legion replies to the normally asked inquiry of why a adult female would remain in an opprobrious relationship. For many adult females, no other beginnings of fiscal support or lodging exist. The duty of child care further complicates the job. The most serious ground for concern is the fright of requital by the maltreater. Batterers often threaten to kill the adult female or other household members if they tell anyone that they are being beaten. Despite the maltreatment, a adult female may still love her spouse and, accordingly, will lie to protect him. Many victims possess low self-prides caused by perennial maltreatment, both physical and emotional, and believe that they don # 8217 ; t merit aid. Finally, the pure fact of being embarrassed or ashamed may be sufficient ground for the victim to remain. Aside from medical and psychiatric intervention for hurts, possible victims of maltreatment can be given information and guidance from the wellness attention supplier in order to forestall farther victimization episodes. Patients can be informed about the hazard factors involved that would increase the opportunities of serious injury to them. Psychological guidance, administered by either the primary attention supplier or a mental wellness professional, can help the patient in stoping personal relationships with opprobrious persons. Additionally, the patient can be provided with telephone Numberss and encouraged to reach bing community resources such as crisis centres, shelters, protective service bureaus, or the constabulary section if there is fright of hurt. It # 8217 ; s astonishing to me that of all offenses in today # 8217 ; s society ; domestic force is the 1 that is still on the rise. It is clip to take domestic force earnestly and battle it sharply. In order for a positive alteration to happen, our legal system needs to protect the William claude dukenfields 4 battered and non the batterer. A bulk of beat-up adult females are murdered if they try to go forth an opprobrious state of affairs. Why is that? Because they don # 8217 ; t have the protection they need. The condemnable justness system needs to get down a victim resettlement plan for domestic maltreatment victims. This would guarantee their safety and let them adequate bravery to go forth a atrocious state of affairs. There are an estimated 1,500 adult females # 8217 ; s shelter in the United States today ; nevertheless, there are over 3,800 carnal shelters. In a state that detests racism and protests animal inhuman treatment, why are adult females and kids still subjected to anguish and force in their ain places at the custodies of their hubbies and male parents? In a politically right universe excessively many of us still view adult females and kids as inferior, as belongings. The media portrays adult females as sex symbols and frequently with a really noticeable deficiency of i ntelligence. Often physicians turn their dorsums on harm left as the consequence of maltreatment because of the fright of abashing their patients. It is clip to declare war on domestic force. Domestic force will ever be a portion of our civilization. Womans are still non considered equal and historically it was acceptable to crush your married woman if she was out of line. With today # 8217 ; s broken matrimonies and extended maltreatment of intoxicant and drugs, the affair will merely acquire worse. If strong enterprises are non instilled now, there will be many unneeded deceases due to the rise in maltreatment. It is of import that we, as a community, stand up and voice our detest of domestic force. It is of import for all of us to make up ones mind to help the beat-up alternatively of turning the other cheek. I am comparatively certain that at some point of everyone # 8217 ; s life they have been a witness of domestic force. I myself, remember when I was 11 old ages old, we heard the adult male in the flat next to ours, slapping his married woman about and naming her names. I asked my daddy if we shouldn # 8217 ; t name person. My pa responded that it is best to go forth your nose out of other twosome # 8217 ; s differences. I wonder if the adult females that was being beaten felt the same manner? It is no longer acceptable to # 8220 ; turn the other cheek # 8221 ; . You must stand up and talk out against domestic maltreatment. It will take 1000000s of really loud voices to stop the rhythm of maltreatment. You neer know when the battered will go your friend, your sister, your girl, or even yourself. Websdale, Neil. Rural Woman Battering And The Justice System, An Ethnography. Ed. Michelle Lingre. London: Sage, 1998. Swisher, Karin and Wekesser, Carol. Violence Against Women. Ed. Bruno Leone. San Diego, GA: Greenhaven Press, 1994. Wade, Carole Wade and Tavris, Carol. Invitation to Psychology. Ed. Priscilla McGreehon. New York: Longman, 1999.