Monday, January 27, 2020
Advantages And Disadvantages Of Ntms Economics Essay
Advantages And Disadvantages Of Ntms Economics Essay What are non-tariff measures (NTMs)? As the term implies, any policy measures other than tariffs can be included in NTMs that can impact trade flows. At a broad level, NTMs can suitably be separated into three categories. A first category of NTMs are those imposed on imports. This category includes import quotas, import prohibitions, import licensing, and customs procedures and administration fees. A second category of NTMs are those imposed on exports. These include export taxes, export subsidies, export quotas, export prohibitions, and voluntary export restraints. These first two categories encompass NTMs that are applied at the border, either to imports or to exports. A third and final category of NTMs are those imposed internally in the domestic economy. Such behind-the-border measures include domestic legislation covering health/ technical/ product/ labor/ environmental standards, internal taxes or charges, and domestic subsidies. Types of Non-Tariff Barriers The non-tariff measure include of some constraint to trade. Here are some examples of the popular NTMs Licenses A document which is issued by a national government allowing the importation of certain goods into its area is called an import license. Import licenses are believed to be non-tariff barriers to trade when it is used to distinguish in opposition to any other goods of another country so as to guard a local industry from foreign competition. The volume of import allowed is specified in each license, and the total volume allowed should not go above the quota. Importing companies can buy the licenses at a competitive price,à or simply a fee. However, it is said that this distribution method endow with encouragement for political lobbying andà corruption. certain restrictions can be imposed on imported goods as well as the amt of imported goods. Quotas A quota is a quantity restriction used in international trade, usually on imports, but it could also be on exports, focusing on licensing of the foreign trade that is nearly related to quantitative restrictions. This category includes global quotas-a system that protects domestic industries by being restrictive on the cost of international trade- and seasonal quotas. Quantitative controls on foreign trade transactions are done through one time license. Quantitative restriction on exports and imports is a direct administrative type of government regulation of foreign trade. Quotas and licenses restrict the independence of enterprises in respect of entering the foreign markets, narrowing the range of countries, and also minimize the range of countries for transaction in case of certain commodities. However, it turns out to be that the system of quota and licensing exports and imports whilst establishing firm control over foreign trade in some particular goods, happen to be more supple and of use than economic instruments of international trade regulation. This is defined by the fact, that licensing and quota systems are a key instrument of trade regulation which is an important part of the world. The result of this trade barrier is seen in the loss of consumer due to an increase in prices and limited selection of goods. An import quota controls the volume of many commodities that can be imported in a country during a specific period of time. An export restricts a certain amount of goods that can leave the country. The reason for imposing of export quota by country is due to the control of goods that is fundamental to the country and the manipulative price found on international level. Embargo à The incomplete orà entire exclusion of commerce and trade with a particularà country, in order to isolate it is called embargo.à A strong political measure imposed in an effort, by theà imposing country, to remove a given national-interest result from the country on which it is imposed is considered as embargoes. It is same asà economic sanctions and is often taken as legal barriers to trade, not to be confused with obstructions, which are usually taken to be acts of war. The same principle is used for most trade barriers: the obligation of some kind of cost on trade that increases the price of the tradedà goods. If many nations repeatedly use trade barriers against each other, then aà trade war results Subsidy à A subsidy is a type of financial support paid toà a business orà economic sector. Theà government makes most subsidies toà producers or distributors in an industry to stop the decline of that business or a boost in the prices of its goods or plainly to persuadeà it to employ more labor. Some examples of subsidies toà encourage the sale of exports; subsidies on some foods to keepà down the cost of living, especially in cities; andà subsidies to support the expansion of farm production and achieve self-relianceà in food production Import deposits Import deposits is a type of deposit required importers to put a certain of money in an account for a significant period of time whose purpose is to guarantee that import duties will be paid, or the deposit may simply be a non-tariff barrier intended to discourage imports. Why NTMs The drastic rise in the use of non-tariff barriers stemmed largely from the WTO new rules about reduction in tariff use, which formed part of the WTOs mission to ensure free trade across the globe. While the WTO rules do allow for the use of NTBs in some circumstances, the specifications about when they can be used are very strict such that they can only be employed for purposes such as to guarantee health, safety or sanitation, or to safeguard non-renewable natural resources. Should NTMs be used for other purposes, they are deemed to be ways of evading free trade rules. Apart from the WTO, such rules, which are set to curb the use of tariffs as they are threats to free trade, are also laid out by institutions like the European Union (EU) and the North American Free Trade Agreement (NAFTA). Another reason for the transition from tariffs to NTMs is that many countries, especially developed ones, do not have to rely on tariffs as a source of funding anymore, like they did in their early stages of development. They can afford to switch to other trade barriers that do not involve tariffs, but that still provide them with a means to regulate international trade. Moreover, NTBs allow these countries to help weak industries or provide compensation to those industries that have been adversely impacted by the WTO laws on reduction of tariffs. Also, it is a logical way for countries to respond to the reduction of tariffs since it has been declared that tariffs are no more to be used, NTBs offer traders an alternate method of influencing the market. Thus, NTBs can be quite similar to tariffs, apart for a few exceptions. After the laws of tariff reduction were enacted during the eight rounds of negotiations in the WTO and the General Agreement on Tariffs and Trade (GATT), those who persisted in believing in the concept of protectionism have turned to NTBs. In fact, most of the NTMs can be defined as protectionist measures. In short, NTBs can be thought of as a new means of protection which has replaced tariffs as the old method of protection. Advantages and Disadvantages of NTMs Advantages Since the main purpose of NTMs is protectionism, the advantages of NTMs will also mainly be those of protectionism. Non-tariff barriers help protect the development of new industries against foreign rivals. If foreign industries compete with domestic industries that are not developed enough or large enough yet to take advantage of economies of scale, then NTBs, such as import quotas, can protect the infant industry from too much competition through its maturing stages until it can compete on its own. Similarly, NTMs also offer protection to certain economies against foreign countries that are interested to trade with them only because they know that the domestic economies will not be able to face competition from them and will eventually collapse, leaving them a monopoly of the domestic market. An example of such unfair trading is dumping. The barriers to trade protect the domestic economies from such countries with an unfair relative advantage. It is believed that the use of NTBs can result in increased domestic employment. Since foreign firms create jobs abroad, NTBs such as import quotas, reduce imports, make domestic production rise instead, and thus create domestic employment. Also, reducing imports from countries with cheaper labour levels the competition compared to the higher wages being paid for local production. NTBs, moreover, by cutting down imports, help countries boost those local industries that are concerned with the national security and also those industries which help give the country economic independence. Disadvantages The main disadvantage of NTMs is that they hinder free trade and the benefits that accompany the latter. The protectionist aspect of NTBs discourages competition from bigger industries and also from foreign countries. While this might help domestic firms and industries to grow at first, in the long run, it in fact dampens future growth. This is because, due to the lack of competition, domestic firms can then afford to provide a narrow choice of goods to customers, to lower the goods quality, and to raise their prices. Because of this inefficient production, there is also no more incentive for the firms to strive for constant innovation and excellence. Thus, ultimately, NTBs do not help in the future growth of firms. There is another way in which NTMs drive up the prices of goods in the domestic economy. By restricting access to foreign countries where goods could be made more cheaply, more resources have to be employed domestically itself to make the same goods at a higher price. Also, while free trade allows countries to benefit from the concept of comparative advantage, the use NTMs prevents countries from enjoying these benefits. If countries specialise only in the production of goods in which they have a competitive advantage, this allows each country to produce at the minimum prices. This efficiency in production benefits all parties to the trade. However, NTMs, by restricting trade, do not help in achieving that goal. The use of NTBs can also result in trade wars. By raising trade barriers against a foreign country, the latter can decide to do the same in retaliation. The imports and exports of both countries are thus restricted, and this greatly reduces the markets open to them, lowering their scope for growth and efficiency. If many countries across the world engage in these trade wars, global trade and economic activity will suffer drastically. These retaliations can also quickly spread beyond the source of conflict and affect the countries other economy policies as a way to retaliate. It can be seen that all participants can take advantage of free trade through efficiency of the market, for instance, increased choice and reduced prices. However, non-tariff measures also have their uses and are necessary in certain conditions. There must be a balance between the quest for efficiencies and the use of barriers to trade. EFFECTS OF NON-TARIFF MEASURES (NTMS) Effects on trade It is generally assumed that NTMs have negative effect on trade, even if it has been elusive for quantitative assessment. Sometimes, these policy measures are referred to as barriers, when the emphasis is made on the difficulties an exporter may have to comply with them. In fact, NTMs can hinder exports for countries or companies when they are not able to pay the cost of adapting their product or production process to the norm of a trade partner. Then, another less competitive exporter may be able to take on a restrictive market if it complies with that regulation. NTMs would be trade distorting in this case. However, NTMs may also facilitate trade when they reduce asymmetries in information between consumers and producers, for example about the quality or safety of the product. The effort of complying with NTMS could also help countries to upgrade capacities, (or mitigating institutional deficiencies for monitoring and enforcing regulations, in words of van Tongeren, Begin, Marette, 2009) in which case the ultimate development impact is positive for the exporting country. On the importing countrys side, NTMs could reduce negative externalities, for example in the case of environmental threat or food safety. Effects on Price A quota is defined as an upper limit on the number of units of a commodity that can be imported into a country. When such a restriction is imposed, domestic consumers are prevented from buying an imported good, the supply of which is no longer perfectly elastic as it would have been in a free trade situation resulting in a rise in the price of the product. This can be better explained using a demand and supply diagram as follows: In a situation where there is free trade and no barriers to trade are imposed then at the world price of wp domestic producers will supply Q1 and Q1-Q2 will be imported, i.e, equilibrium quantity will be at Q1. The supply curve to the domestic market will be denoted by the curve ABws. The effect of imposing a quota will be to limit the amount of imported goods. Let us suppose that the quota cut imports from Q1-Q2 to Q1-Q3. A new supply curve can now be drawn incorporating the amount of the quota (Q1-Q3). The world price wp no longer acts as the supply curve but instead the latter is represented by the curve ABCSS. we can nothe that the new equilibrium will be at E and the new equilibrium price will be at pq. It is clear that price has risen from the implementation of quota. This is explained by the fact that the supply of the commodity is now restricted causing a slight increase in the price of the commodity. The extent of the increase will depend on the quota imposed. The lower the quota, the higher will be the price. A simple example can be taken to explain the above theory. Suppose you have milk imported freely into a country and account for 50% of the domestic demand. If government imposes a quota on the amount that can be imported, the supply of milk will fall giving rise to a shortage. This shortage will exert pressure on price which will finally rise to eliminate that shortage and restore the equilibrium. Effects on society Another measure is embargo. This is a complete ban on imported product. Such a measure can be imposed to protect the society as whole. For example, a country may ban or severely curtail the importation of things such as harmful drugs, pornographic literature and live animals. Had embargoes not imposed on such products, society would suffer enormous damage as they have high level of negative externalities Effects on multinational Import quotas generally have a negative impact on multinational companies. These enterprises such as Nike and General Motors are intensively engaged in international trade as domestic consumption only cannot meet their high targets. When a quota is imposed on their goods by a major buyer, MNCs must find other markets to supply their products, otherwise they will have to cut production and profits figure will suffer. Effects on employment However, import quotas affect positively domestic employment. The fall in imports will divert demand to local suppliers and the latter will have to increase production to cover the gap which foreign products used to occupy. This applies to domestic supplies that have the capabilities and were unable to compete internationally. In order to boost production, they will have to recruit more people. This will have a multiplier effect in the economy giving rise a lower unemployment rate and higher economic growth. How globalisation is affecting NTMs? Globalisation is a process by which countries are linked altogether in a peaceful manner as view to only one planet. In technical terms, it is described as being a process by which national and regional economies, societies and cultures have all been united via global network of trade, communication, immigration and transportation. Hence a worldwide movement towards economic, financial, trade and communications integration. Recently, globalization expanded its field to other activities such as social areas. At present, globalization also considers culture, media, technology, socio-cultural, political and biological factors. The evolving nature of NTMS has gained an important place in international trade today. More recently, it has been considered in the annual World Trade Report of 2012. Most trade agreements clearly speaks of tariff reductions whereby leaving less than halfway entrance for NTMs. It has nonetheless the capacity to reduce the effectiveness of tariff reductions upon agreement. NTMs have ever since in its introductory mode been driven by multiple policy motives and are still subject to change. These policies in themselves have evolved through the years as countries forged agreements and became interdependent through globalization. NTMs has become a necessity not only to protect domestic industries but to the globalized world as a whole. Globalisation raised changes in countries among which are increased social awareness, growing concerns regarding health, safety and environmental quality which led to increase in NTMs. For the better understanding of the impact of globalization on NTMs, trade in goods and services were considered. Examples of regulatory measures are Technical Barriers to Trade and Sanitary and Phyto-Sanitary measures in goods and regulations in services which have recently cropped up. These measures do not have a direct influence on trade but have a strong influence on trade agreements and amount of trade between countries. Some say that NTMs have been encouraged via globalization for a viable peace. Public policy can thus enhance trade flows in a positive or even negative way. Trade in services has evolved in recent years and is no longer similar to traditional trade. New policies came into fo rce to handle these new trends. Globalisation relates to WTO. Trade in services has the relatively same importance as trade in goods for good networks between countries. The WTO knows they hold the same weight in international production affairs and hence measures to restrict trade and competition in the services market that could affect more than the sector directly concerned. Examples where cases are most suited are infrastructural services, spill-over effects on other services and goods. Unlike in the past when NTMS role were solely to protect domestic producers from foreign competition, nowadays NTMs are more to do with public policy objectives. These policies not only consider protectionism but also take precaution measures. In the sector of health and environmental services, NTMS were recently boosted in numbers. NTMS were found not to be an easy task to be observed and quantified, however with globalization, WTO observes that NTMS are meant to have a long stay with their several arrangements between countries which adds to the main agreements. The emerging in change of NTMs with time is not protected against negative effects. NTMs may in other words reduce benefits gained from the main agreement, for example negate some tariff reductions. Moreover, non-tariffs measures have a long list of measures which are also difficult to quantify and also sometimes are invisible in the agreements. In addition to that, those measures are not regular to all countries that it is served and to that, their effect sometimes bring distortions in agreements between sectors and countries. Globalisation is known to have brought changes or complete change in more than one country structure and future. It has greatly changed policies of countries and to that NTMs continue to be evaluated and are still expanding. Quoting from the WTO Director General: Regulatory interventions addressing market failures and international spillovers, with inevitable consequences for trade flows and investments are here to stay. The foremost thought, hence, of NTMs is that it will not have a decreasing or reducing effect on the tariffs agreements between countries. As deducted from above, globalization does not only bring positive results onto a country trade flow. As globalization strengthens alliances amongst nations, NTMs continue to be on the rise in their arrangements. NTMs may also be used as a tool to restrict trade flows in the case of where some countries might be oligopolies of certain commodities on the global market. Technical Barriers to Trade and Sanitary and Phyto-Sanitary measures is said to be the source of last resort for some developing countries since it impacts the worst results on them. The reason is that these countries may be differently structured and may not be able to meet those criteria mentioned in the measures. Though, globalization intensify the relationship between countries does bring both good and bad results, harmonious plans between countries may help to reduce the negatives effects. Globalisation has neared most of countries and consequently has brought help where such measures were not easily identified. In simple terms, it has allowed experiences to be shared in recognition and quantitation. In the light of the above, globalization not only brought amendments in NTMs but also has greatly influenced its use in countries. NTMs Measurement Measuring non-tariff barriers remained one of the confusing answered questions for a long time enough. This is mainly because of their inconsistency in countries where they are applied. As these by themselves cannot be measured, their affiliations are quantified to give a result as the measurement of NTMs as a whole. Typologies of the affiliations are: frequency measures, price-change measures, quantity measures, rates of assistance, and indices deflators. A brief discussion of these measures is now to be listed and considered below. Frequency measures Laird Yeats (1990) exposed two frequency measures, namely, frequency ratio and import coverage ratio. Both of them are based on calculation of ratio of commodity lines subject to at least one NTM in total number of lines for the respective group of trade flows. The frequency ratio can be calculated by formula: where Ni is category i of commodity in trade group; Di is dummy variable, Nt is general number of categories in trade group, i.e. i = 1,,T . Dummy variable is used as indicator of NTM: where Di = 1, in good in category i is subject to at least one NTM; otherwise Di = 0. In import coverage ratio, value of imports of commodities subject to at least one NTM is used as a weight instead, unlike the frequency ratio. That way, time factor is considered and it also helps to evaluate the importance of the NTM for the whole trade. B. Price-change measures NTMs often influence price and cause change. Under this section, a measurement on evaluation of changes in price due to the introduction of NTMs is considered. Unlike other measures, it allows direct comparison between impact of tariff and non-tariff trade barriers. Price-change measures are commonly used in international trade theory and a formula was derived; influence of trade restrictions in terms of price and quantity changes. Deardorff Stern (1997) used the most known type of price-change measures which is tariff equivalent. In other words, it is calculated as growth in commodity price before and after use of NTMs. Despite all its positive characteristics, price change as a sole indicator for NTMs of a country is not sufficient. Moreover, the impact of NTMs on change on price is difficult to be taken out of any factors affecting prices. C. Rates of assistance Rates of assistance can be broken down into two types; nominal and effective rate of assistance. Nominal rate of assistance is founded on calculation of a rise in the gross returns from production resulting from protective measures. The effective rate of assistance is the most commonly used and can be calculated as follows; ; where VAN is value added in case when the NTM are applied, and VAB is value added under free trade. These measures fit theories perfectly, nonetheless have drawbacks as it requires mass information that is not always available. The effective rate of assistance is faced with another problem which is to differentiate between the different NTMs in its calculation. D. Indices deflators Anderson and Neary were the first ones who brought the application of trade barriers to both tariffs and non-tariffs measures. They constructed two indices; mercantilist trade restrictiveness index and trade restrictiveness index. These are defined as deflators and when applied to undistorted prices are to produce the same trade volume (mercantilist index) or same real income (for trade restrictiveness index) as the initial set of trade distortions (Anderson Neary, 1996; Anderson Neary, 1999). Application of this method, however, yields problem of collection of necessary prices and differentiation of the impact of NTM from other changes. To summarize all measures are good enough for measurement of general NTMs level in a country. However, criteria, benefits and drawbacks of the different methods must be cared when choosing for specific countries. Conclusion GATT takes on a particular and modest approach to handling NTMs. That approach developed over time, and with the formation of the WTO, the handling of NTMs evolved further still. à Tariffs for goods production were decreased during the eight rounds of negotiations in the WTO and the General Agreement on Tariffs and Trade (GATT). After reducing of tariffs, the principle ofà protectionismà demanded the introduction of new NTMs such as technical barriers to trade (TBT). Increasing consumer demand for secure and environment friendly products also have had their impact on increasing popularity of TBT. Many NTMs are administered by WTO agreements, which originated in the Uruguay Round, as well as GATT articles. NTMs in the field of services have become as significant as in the field of usual trade. The requirement to protect sensitive to import industries, as well as a wide range of trade restrictions, available to the governments of industrialized countries, forcing them to resort to use the NTM, and putting serious obstacles to international trade and world economic growth. Thus, NTMs can be referred as a new of protection which has replaced tariffs as an old form of protection.
Sunday, January 19, 2020
Portrait of a Teacher
Portrait of a Teacher A teacher is supposed to be the image a child gets of learning new things- mostly non-academic. The portrait the child has of the teacher determines how well they get to understand the concepts they are taught in class. The teacher should ensure that their activities and conduct are in accordance with the portrait of the teacher so as to improve how students perceive learning. One trait that the teacher is supposed to portray is that of a person who understands how to solve problems and more so how do solve them using critical thinking.This means that in a class, the students will be keen to see how the teacher solves new problems that arise. To the students this is a sign of how good their teacher is. It should be noted that problem solving and critical thinking as pertaining to this trait goes beyond the academic things. For example when a teacher is dictating letters of the alphabet in an elementary class and then a bumble bee flies in, the children will be d istracted but how the teacher reacts to this distraction is a test of how well they can solve problems.In such a case, the teacher can pause what they were saying and explain something new about the bee. The same would be expected of the teacher if an animal such as a spider, which children fear, is spotted in class. The teacher would be expected to stay on top of the situation and calm the students. Critical thinking by itself is a process that demands a person to ensure that their way of thinking is devoid of any emotional bias; and this should be the case in a teacher. In all situations they should ensure that rationale and logic prevails above emotion.At times this demand to act devoid of any emotion conflicts with what a teacher may want or is good for them. For example, when a slight earthquake shook our school while I was in eighth grade, we all ran towards the teacher and clang onto her. This by itself limited her chances of escaping in case anything happened. This example i s one of the reasons why I believe that at times, the demands placed on the teacher are conflicting with what is good is for them. As a teacher I will strive to ensure that I promote a democratic environment in my classes.I will do this by ensuring that I involve the students in making decisions that affect them and in which I believe that their participation in decision making will not compromise the quality of education they get. This is necessary as it would help in making the students feel responsible and for their education and hence calling for their increased participation. For example in high school our math teacher used to ask us to set the date when we wanted to take a continuous assessment test.This was different from other teachers who set the dates for us. What happened is that we all put a lot of emphasis in studying for math as we did not want to fail for an exam we had decided when it would be given to us. This is the kind of democracy that I intend to promote in my classroom as it will help improve student performance by motivating them to take charge of their lives at an early age. This is important as most students end up finishing college while they are still looking up to their tutors to make decisions for them.So when there are no tutors around, the students end up making wrong decisions as they were not well prepared for decision making in school. What a teacher portrays is useful in determining the quality of education the student gets. I intend to portray a good image and to ensure that my students see me as a symbol of critical thinking and problem solving. I also intend to promote democracy in my classroom to ensure that my students are well motivated and also learn how to take charge of their lives.
Friday, January 10, 2020
Challenging Obstacles for Immigrants
Many people migrate to the USA for several reasons, to get better life. As we all know the USA is highly developed economically and technologically, and it can become a different world to most immigrants. Thus, immigrants face various challenges during the first and second year of their entrance in to the USA. Among the challenges, language, getting a job and culture are common for most of immigrants. The first challenge for immigrants is the language barrier. Since English is the second or third language for most immigrants, they face a lot of problems to communicate. Although, immigrants have some knowledge of English, the pronunciation of most words is different. So they canââ¬â¢t understand and communicate very easily. Furthermore, the accent of native speakers, Mexicans, Black Americans, and Chinese is different. This complicates the communication and creates stress for immigrants. For example, I came to the USA recently. I have some knowledge of English, but when I took my kids to the hospitals, go to shopping, and even when I was applying to this college, I found people who use different pronunciation and accent. Sometimes, I heard 50% to 90% of what people said and likewise they were not able to understand me, even though I was talking in English. As a result, ââ¬Å"Iââ¬â¢m sorryâ⬠, ââ¬Å"say againâ⬠, ââ¬Å"pardonâ⬠were my day to day words I used and heard for a couple of months. Therefore, language is the first big challenge that all immigrants face. The second challenging obstacle for immigrants is getting a job. Since language is a problem for immigrants, most of them failed in job interviews. Even though they are educated and professionals in their home country, it costs and takes time for their education to be accepted here. Thus, getting a job is tough. Especially now, following the economic crisis of the world, there are many layoffs and getting a job is like a miracle to most immigrants. In addition, the jobs available for immigrants are manual labor jobs that are tiresome. These jobs may also have fewer hours and surely have minimum pay. Therefore, immigrants will be forced to find another tiresome job to cover their living expenses. But getting another job is another worry for immigrants. Here I am going to give my husbandââ¬â¢s experiences. As soon as we reached America and got our social security numbers, my husband tried to search and apply for jobs. After several months and trial, he got a part time job with minimum wage. His salary is not enough to cover our expenses, and now he is searching another job, but none has been found. Thus, following the language barrier, getting a job is a big challenging to immigrants. Culture is the third challenge that immigrants face here. Immigrants have their own cultures and living styles in their home country. The culture of dressing, talking, eating, social life etcâ⬠¦ is different here from immigrantsââ¬â¢ home country. For example, here man and woman can kiss on the lips anywhere, but this is taboo in my country, Ethiopia. Another example is the way girlsââ¬â¢ dress, here girls can wear whatever they like such as shorts and mini dresses. However, in my country, this is not accepted and girls should wear clothes that donââ¬â¢t expose their body. Thus, they should wear shorts and dresses which are below to their knees. The other thing here people eat their food anywhere; they can even eat walking on the street. However, in my country people, especially girls, cannot walk on the street while eating or drinking. There are several customs here that are counted as taboo in my culture. Therefore, the cultural differences make immigrants to be confused and shocked until they accustomed to it. As time passes, immigrants will manage and defeat the obstacles through several exposures and practice. Then, after passing through the obstacles, immigrants will enjoy a better life and even be in higher positions like senators, vice-presidents and also president of America.
Thursday, January 2, 2020
Intellectual Property and Patent Law in Nepal - Free Essay Example
Sample details Pages: 7 Words: 2004 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Research paper Level High school Tags: Intellectual Property Essay Did you like this example? 1. Introduction Inventions are the property of their makers. That means if someone expresses his/her idea or initiative, it is his/her property which is known as intellectual property. Donââ¬â¢t waste time! Our writers will create an original "Intellectual Property and Patent Law in Nepal" essay for you Create order The word intellectual property rights, in accordance with the Agreement on Trade-Related Aspects of Intellectual Property, 1994 ( hereinafter TRIPS), refers to the rights related to Copyright and Related Rights, Trademarks, Geographical Indications, Industrial Designs, Patents, Layout-Designs (Topographies) of Integrated Circuits, and Protection of Undisclosed Information. Looking back to history, the importance of protecting intellectual property was first recognized in the Paris Convention for the Protection of Industrial Property (1883) (hereinafter Paris Convention) and The Berne Convention for the Protection of Literary and Artistic Works (1886).Countries have two reasons to protect the intellectual property. One is to give statutory expression to the moral and economic rights of the creator in their creations and the rights of the public in access to those creations The second is to promote, as a deliberate act of Government policy, creativity and the dissemination and the a pplication of its results and to encourage fair trading which would contribute to economic and social development.[1] Nepal has made commitment to amend its Intellectual property related law after being member of WTO. However, we still have the old IP related law. There are many space for amendments and due to lack of knowledge about protection of invention through patent, people are not concerned about registering their patents. The paper attempts to synchronize the situation, legal provision and future need in this regard. 2.1. Conceptual Framework of Patent 2.2 Situation of Patents Registration in Nepal Nepal started registering patents from 1991. Since then only 70 patents are registered in Nepal.[2] Here is a comparative table of patent registered in Nepal since 1991 till 2013.[3] Fiscal Year National Foreign Total 2048/49 (1991/1992) 14 19 33 2049/50 (1992/1993) 0 4 4 2050/51 (1993/1994) 0 0 0 2051/52 (1994/1995) 1 0 1 2052/53 (1995/1996) 1 1 2 2053/54 (1996/1997) 0 2 2 2054/55 (1997/1998) 0 2 2 2055/56 (1998/1999) 0 0 0 2056/57 (1999/2000) 0 0 0 2057/58 (2000/2001) 0 0 0 2058/59 (2001/2002) 1 2 3 2059/60 (2002/2003) 5 2 7 2060/61 (2003/2004) 2 2 4 2061/62 (2004/2005) 0 0 0 2062/63 (2005/2006) 0 1 1 2063/64 (2006/2007) 3 0 3 2064/65 (2007/2008) 1 0 1 2065/66 (2008/2009) 2 1 3 2066/67 (2009/2010) 1 0 1 2067/68 (2010/2011) 1 0 1 2068/69 (2011/2012) 1 0 1 2069/70 (2012/2013) 1 0 1 Total 34 36 70 Among those registries in Nepal, 35 are of foreign origin and 34 are of domestic origin. Foreign patents rights are granted to Cigarette container, bar for reinforced concrete, Tobacco products, medicines, recombinant DNA molecule and their method of production, lubricating composition for improvement in jute industry, etc. However, major patents to domestic origin are granted for rice mill, script in computer, herbal tea, essential oil and concrete, multipurpose water turbine, music instrument, color replacement techniques, earthquake risk sound indicator machine, high energy biscuits, air supply disc, easy auto watt hour reader, etc. The situation in other country is poles apart compared to that of Nepal. For instance Australia granted 17,724 standard patents in 2012.[4]Whereas in USA 253,155 patents are registered in 2012 only.[5] Neighbour China has granted 217,105 patents in 2012.[6] Foreign companies have registered very few patents due to a small market of foreign comp anies in Nepal while Nepali entrepreneurs have not been able to develop new techniques, processes and products.[7] Many from students at rural villages to researchers at universities and some independent creative persons have made some useful inventions from time to time, but we have not been able to raise general awareness that patent should be registered for those inventions.[8] Hence, lack of knowledge about the intellectual property is one of the major reason for the least number of patent registration. With regards to judicial interpretation, there has been no case of patent dispute taken to the Courts of Nepal. However there have been many cases on the issue of trademarks and copyright. 2.3. International Commitments of Nepal The principle of pacta sunt servanda, which means that contracts and clauses are laws with binding force between parties, requires that every contracting party must keep its commitments and fulfill obligation. Article 26 of the Vienna Convention on Law of Treaties (herein after VCLT) states about obligatory nature of the treaties upon the parties to it and the necessity of being performed in good faith.[9] Therefore Nepal is obliged to fulfill the obligations coming out with the WTO agreements and other treaties ratified. Affirming the principle of pacta sunt servanda, The Treaty Act of Nepal[10] in Section 9 states that as Nepal ratifies or accede any treaty, in case legal arrangements need to be made for its enforcement, she has to initiate action as soon as possible to enact laws for its enforcement. The WTO Agreement is limited to institutional measures and consists of no substantive rules. The substantive rules are included in the Annexes of the WTO Agreement. TRIPS is a part and parcel of World Trade Organization (WTO) set up as in annexure 1-c to the Marrakesh Agreement by which WTO was established. Objectives of TRIPS are to give effective and adequate protection and enforcement of intellectual property rights to be necessary for the promotion of intellectual novelty. The TRIPS includes the prescription of minimum levels of substantive intellectual property rights protection for all WTO Member countries, a requirement of providing adequate enforcement mechanisms (including judicial processes), and the potential for authorization of trade sanctions against a Member that fails to implement the requirements.[11] The TRIPS Agreement imposes an obligation on its participant states to apply the Paris Convention standards relating patent.[12] Paris Convention for the Protection of Intellectual Property of 1883 includes patents among the forms of industrial property within its scope. Nepal entered in WTO in 23rd April 2004 and ratified Paris Convention on June 22, 2001. Nepal being a member of WTO and a signatory to Paris Convention is responsible to domesticate the principles and provisions of TRIPS and Paris Convention. Nepal entered in WTO in 23rd April 2004.While entering the WTO, the rep resentative of Nepal committed that, as indicated in the action plan on the implementation of the TRIPS Agreement, the Act would be brought into conformity with the provisions of the TRIPS Agreement.[13] But Articles 3, 4 and 5 of the TRIPS Agreement, providing for inter alia national treatment and MFN treatment, should apply from the date of accession.[14] The TRIPS Agreement gives all WTO Member countries transitional periods within which WTO Member countries bring their national legislation and regulations in conformity with the provisions of the Agreement.[15]Moreover for least developed countries like Nepal, considering their economic, financial and administrative constraints, other than for Article 3, 4 and 5, a period of 10 years is given as transitional period and can be given extensions as well if requested. [16] The transition period was extended by the Council for TRIPS of until 1 July 2013[17] but then again recently more extension has been given to the LDCs. The rece nt decision of extension states:[18] à ¢Ã¢â ¬Ã
âLeast developed country Members shall not be required to apply the provisions of the Agreement, other than Articles 3, 4 and 5, until 1 July 2021, or until such a date on which they cease to be a least developed country Member, whichever date is earlier.à ¢Ã¢â ¬Ã Moreover, being Least-developed country Members Nepal is not obliged, with respect to pharmaceutical products, to implement or apply Sections 5 and 7 of Part II of the TRIPS Agreement or to enforce rights provided for under these Sections until 1 January2016.[19] 2.3 Compliance of Patent Law with International Standards Nepal has made commitment to amend its Intellectual property related law after being member of WTO. The Patent, Design and Trademark Act (PDTA) was enacted with objective of updating the legal arrangement in respect to patent, designs and trademarks for the convenience and economic benefit of general public.[20] The act has protected inve ntion of process, operation and transmission, generation of new formula, design and trademark. Unlike other countries like USA and Australia there is no separate legislation for patents in Nepal. A single legislation regulates patents, trademarks and design in Nepal. Thought Nepal has transitional period till 2021 to amend its laws accordingly with TRIPS, basic principles are incorporated in the patent Act. National Treatment (NT) And The Most Favoured Nation (MFN) The principle of national treatment (NT) and the most favoured nation (MFN) treatment are foundational principle of international trades of goods and services. These two principles based on the notion of non-discrimination are enshrined in all the conventions, treaties and agreements of trade and commerce including those of intellectual property. Pursuant to these principles, a state can neither treat its own national traders more favorably than foreign traders nor can differentiate between foreign market participants from different origin. In consonance with Article 3 of GAT and Article17of GATS, Article 3.1 of the TRIPS agreement and Article 2 of the Paris Convention requires a member state to accord national treatment to the foreigners. This obligation is subject to some exceptions as well as prescribed in Article 3 of TRIPS. The MFN principle is enshrined in Article 1 of GATT 1994, Article 2 of GATS, Article 4 of TRIPS. and Article 3 of Paris Convention. Article 4 of TRIPS on treatment requires that, any advantage, favour, privilege or immunity granted by a Member to the nationals of any other Member shall be accorded immediately and unconditionally to the nationals of all other Members but it is subject to some exceptions. Though not the explicitly mentioned in the Act, it treats Nepalese and foreign Citizens equally. Neither does it provide differential treatment among foreign nationals. Any person who wants to obtain right over his/her patent should register it[21]. Once registered, the act restrict the copy or use or cause to use in others name without transforming ownership or written permission[22]. Before its registration as patent, the authority conducts all investigation, takes advice of experts to find out whether it is new invention or not, and whether it is useful to the general public or not. Same legal processes are to be followed by both the nationals and foreigners. Egarding the fees, The provisions of registration and protection of pa tents under the Patent law are not discriminatory between foreigners, nor among nationals and foreigners. Hence, it maintains the national treatment obligation and most favored national treatment obligation requirements. Another important principle of Trips and Paris convention is the Right of priority. [1] WIPO Intellectual Property Handbook (WIPO Publication, Switzerland: 2nd ed, 2004) 3. [2] Department of Industry, Industrial Statistics Fiscal Year 2069/070 (2012/2013), (Department of Industry, Government of Nepal,2013)67, https://www.doind.gov.np/documents/pdf/industrial_statistics_2069_70.pdf. [3] Ibid. [4] AUSTRALIAN INTELLECTUAL PROPERTY REPORT 2013, IP Austrlia, Attorney-Generalà ¢Ã¢â ¬Ã¢â ¢s Department, 9 https://www.ipaustralia.gov.au/pdfs/Australian_IP_Report_2013-web_version.pdf. [5] https://www.wipo.int/ipstats/en/statistics/country_profile/countries/us.html. [6] https://www.wipo.int/ipstats/en/statistics/country_profile/countries/cn.html. [7] à ¢Ã¢â ¬ÃÅ"Nepal weak in Intellectual Property Rightsà ¢Ã¢â ¬Ã¢â ¢, Karobar National Economic Daily (online), 12 August 2013 https://www.karobardaily.com/news/2013/08/nepal-weak-in-intellectual-property-rights. [8] à ¢Ã¢â ¬ÃÅ"Weak Patent Rightsà ¢Ã¢â ¬Ã¢â ¢, Karobar National Econ omic Daily (online), 13 August 2013 https://www.karobardaily.com/news/2013/08/weak-patent-rights. [9] Vienna Convention on the Law of Treaties, General Assembly resolutions 2166 (XXI) of 5 December 1966 and 2287 (XXII) of 6 December 1967, The Convention was adopted on 22 May 1969 and opened for signature on 23 May 1969, Entry into force on 27 January 1980. [10] Nepal Treaty Act, 2047 (1990), Act No. 16 of the year 2047 (1990) [11] Ramesh Bikram Karki , Trademark Under the Nepalese Legal System: AComparative Study with the TRIPS Agreement, Annual Survey of International Comparative Law, Vol. 9 [2003], Iss. 1, Art. 6,9,10 https://digitalcommons.law.ggu.edu/annlsurvey/vol9/iss1/6. [12] Trips, Article2. [13] WTO, Report of the Working Party on the Accession of Kingdom of Nepal to the World Trade Organisation, WT/ACC/NPL/16 ,28 August 2003 , 45 https://www.moics.gov.np/wto__nepal/wto/protocol_on_the_accession_of_the_kingdom_nepal/1_report_of_the_working_party_on_ the_accesSION%20OF%20the%20kin..pdf . [14] Ibid,44. [15] Trips, Article 65. [16] Trips Article 66. [17] WTO, Extension of the Transition Period under Article66.1 of the TRIPS Agreement for Least-Developed Country Members, Decision Of The Council For Trips Of 30 November 2005, IP/C/40 https://www.wto.org/english/tratop_e/trips_e/ta_docs_e/7_1_ipc40_e.pdf. [18] WTO, Extension of the Transition Period under Article66.1 of the TRIPS Agreement for Least-Developed Country Members, Decision Of The Council For Trips Of 11 June 2013, IP/C/64 https://www.wto.org/english/tratop_e/trips_e/ta_docs_e/7_1_ipc64_e.pdf. [19] WTO Decision on Extension of the Transition Period under Article66.1 of the TRIPS Agreement for Least-Developed Country Members for Certain Obligations with Respect to Pharmaceutical Products, Decision Of The Council For Trips Of July 1 2002, IP/C/25 https://www.wto.org/english/tratop_e/trips_e/art66_1_e.htm. [20] Preamble, The Patent, Design And Tr ademark Act, 1965. [21] Section 3(1), The Patent, Design And Trademark Act, 1965. [22] Section 3(2), Ibid.
Wednesday, December 25, 2019
What the Experts Are Not Saying About Nursing Scholarships Essay Samples and What This Means For You
What the Experts Are Not Saying About Nursing Scholarships Essay Samples and What This Means For You The Nuiances of Nursing Scholarships Essay Samples It's quite easy to use along with self explanatory. You will also get to take a look at a couple of essay examples, and a list of do's and don'ts that is likely to make the writing process even simpler for you. While it's true that there are a few excellent writers in college some find it extremely challenging to write. As soon as you receive a work done from us you will return again if you need assistance with another one of your essays. If you're asking for a scholarship, odds are you're likely to should compose an essay. Writing quality essays is the principal role of our services. Your success will heavily rely on the language and tone you are using in your essay. You have to pick your words carefully, seeing as they can make an immense effect on your essay general success. Writing a leadership essay isn't as complex as it appears. All you need to do is complete a brief form to inform us a bit about yourself and answer a single essay question in 250 words or less. Make sure that your essay is neatly typed, and that there's a great deal of white space' on the webpage. Make certain you have enough time to look into the topic, make an outline and reread your essay repeatedly. Ideal nursing essay writing service by means of your nursing. Characteristics of Nursing Scholarships Essay Samples To win, you must compose a brief essay about the Seventh Amendment and the way it influences your life. Commitment is quite a personal practice. Vital Pieces of Nursing Scholarships Essay Samples There are lots of concerns that you can do to improve your odds of obtaining a scholarship and writing a scholarship essay is just one of it. If you're applying for a scholarship odds are you are likely to should compose an essay. There is nobody approach to compose a winning scholarship application. There's one important thi ng you should know before even starting to assemble material for your scholarship letter. It is far easier to compose an essay having a plan and comprehension of what and where you're speaking about. Write an anecdote, a quote, an intriguing fact or a story from your private life to illustrate what you are likely to write about later on. For instance, the author addresses the manner that American history classes do not typically address about the Vietnam War, despite the fact that it happened just a limited time ago. Set aside your very first thought in the event the essay appears too straightforward and choose another direction. If you intend to apply for scholarships, you should compose a personal essay that states why you decided to apply. Essays are often needed for scholarship applications. Scholarship essays can be quite stressful. Let's find out the way to start at the moment. The college or university you're going to be attending may give some scholarships for returning students, therefore it never hurts to begin looking there. The maximum scholarship at the biggest school isn't always the best to receive. If a high school student is recognized by means of a college, they could possibly be extended a scholarship. Additionally, the students find it difficulty to compose scholarships since they do not have sufficient time. Some students highly depend on the web for sources due to its convenience. Though many students may write well, not a lot of applicants put in the effort to achieve that. Prospective students considering the area of nursing will get the career rewarding.
Tuesday, December 17, 2019
ââ¬ËSustainable Tourism Is a Myth.ââ¬â¢ to What Extent Do You...
ââ¬ËSustainable Tourism is a Myth.ââ¬â¢ To what extent do you agree with this statement? (15 Marks) Sustainable Tourism is essentially an industry committed to making a low impact on the natural environment and local culture, while helping to generate income and employment for local people. As Global economists forecast continuing international tourism growth, this continuous growth will place great stress on remaining biologically diverse habitats and indigenous cultures, which are often used to support mass tourism. Therefore it is important that sustainable tourism is promoted and that people are educated about the opportunities provided in order to minimize the effects that tourism poses on the natural environment while helping to benefitâ⬠¦show more contentâ⬠¦Furthermore, both LEDCââ¬â¢s and MEDCââ¬â¢s are becoming to reliant on mass tourism and are not taking into the account the impacts in the long term for example 85% of Majorcaââ¬â¢s income is through tourism which means there is a lack of economic independence because if the island were to suddenly become unfashionable then the Island would be left in a vulnerable income. This is especially the case here as tourism has destroyed farming and agricultural labour which used to be the main source of income which means Majorca has no other form of income to fall back on if tourism was to decrease in the area. Moreover, one of the main issues that sustainable tourism tries to embrace is having a low impact on tourism but many countries who undertake in mass tourism have failed to properly take this into account. For example, tourism around the Great Barrier Reef in Australia is the largest commercial activity there and accounts for 87% of the reefs economic output. However, this tourism has created pollution through waste disposal, pollution from boats etc. This easily damages the Coral reef which thus affects the species dependent on them. In addition, tourists disturb the wildlife as many seabirds nest on the ground and when disturbed leave the nest which thus exposes young or eggs to predators and developments for tourism damage coastal ecosystems such as the mangrove forests and estuariesShow MoreRelatedMedical Tourism22177 Words à |à 89 PagesTanaka Business School Imperial College London An Insight into Malaysiaââ¬â¢s Medical Tourism Industry from a New Entrant Perspective by Mr. Bhavin J. Shah A report submitted in partial fulfillment of the requirements for the MBA degree and Diploma of Imperial College London September 2008 SYNOPSIS The overarching objective of this project is to provide an insight into Malaysiaââ¬â¢s medical tourism industry. The study conducted offers assistance to a new upcoming hospital in MalaysiaRead MoreCase Studies: Sas Airline Ryanair80169 Words à |à 321 Pagesexpress our gratitude to all who have contributed to the realization of this Master Thesis. 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To Mr. Lundvall, from LFV (Luftfartsverket), Mr. Valinger from Scandinavian Airline and Mr. Wilsberg from SAS Braathens, Jessica Eriksson and Thomas Pettersson from USBE, thank you for your availability, willingness in answering our questions and forRead MoreBackground Inditex, One of the Worlds Largest Fashion Distributors, Has Eight Major Sales Formats - Zara, Pull and Bear, Massimo Dutti, Bershka, Stradivarius, Oysho, Zara Home Y Kiddys Class- with 3.147 Stores in 70100262 Words à |à 402 PagesEconomics at Lund University under the academic supervision of Associate Professor Thomas Lindhqvist and Associate Professor Hà ¥kan Rodhe The International Institute of Industrial Environmental Economics grants permission to reprint materials in this book provided that the reprint is for educational or other non-profit purposes and provided that the reprint contains a clear reference to the original material. Published in 2009 by IIIEE, Lund University, P.O. Box 196, S-221 00 LUND, Sweden, Tel:Read MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words à |à 1573 PagesOrganizational Behavior This page intentionally left blank Organizational Behavior EDITION 15 Stephen P. Robbins ââ¬âSan Diego State University Timothy A. Judge ââ¬âUniversity of Notre Dame i3iEi35Bj! 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No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without eitherRead MoreOne Significant Change That Has Occurred in the World Between 1900 and 2005. Explain the Impact This Change Has Made on Our Lives and Why It Is an Important Change.163893 Words à |à 656 PagesE SSAYS ON TWENTIETH-C ENTURY H ISTORY In the series Critical Perspectives on the Past, edited by Susan Porter Benson, Stephen Brier, and Roy Rosenzweig Also in this series: Paula Hamilton and Linda Shopes, eds., Oral History and Public Memories Tiffany Ruby Patterson, Zora Neale Hurston and a History of Southern Life Lisa M. Fine, The Story of Reo Joe: Work, Kin, and Community in Autotown, U.S.A. Van Gosse and Richard Moser, eds., The World the Sixties Made: Politics and Culture
Monday, December 9, 2019
Financial Statements Structure Newcrest Mining Limited
Questions: PART A: Part A1 Provide an executive summary of your companys background relating to business structure, operations, services and all other business activities that are conducted, etc. Part A2 Use the annual report for the year ending 30 June 2014. Your group will need to review the major sections of this report in order to familiarize yourselves with the content of each of the financial statements and appropriate notes to the financial statements. Review the balance sheet of the company and indicate the amount of the following: a) Total current assetsb) Total non-current assetsc) Total current liabilitiesd) Total non-current liabilitiese) Total stockholders equity Compare the above figures with the previous year and compute the percentage increase or decrease and comment on the comparative financial condition of the company. Part A3 Review the income statement and indicate the following: a) Total (operating) revenuesb) Cost of Goods Sold (if relevant)c) Total expenses (before income taxes)d) Any non-operating (or extraordinary) gains and lossese) Earnings per common share Compare the above figures with the previous year and compute the percentage increase or decrease and comment on the comparative financial operation of the company. Part A4 Review the statement of cash flows for the most recent year and indicate the following: a) net cash inflow (outflow) from operating activitiesb) net cash inflow (outflow) from financing activitiesc) net cash inflow (outflow) from investing activitiesd) net increase (decrease) in cash during the year Analyse the Cash Flow Statements for the last 2 years and comment on the cash position of the company. Part A5 Review the stockholders' equity section in your chosen company's most recent year-end balance sheet and compare that with the previous year-end balance sheet. Compare percentage increase or decrease. List the stockholders' equity account balances and number of outstanding shares from these two balance sheets and compute the increase or decrease for eachduring this past year. 1.Describe the alternatives the organisers have in relation to recognizing revenues. Which would you recommend and why? 2. Would your answer differ if you included in the sale of the tickets that if the customers are not happy the tickets may be returned within one month? 3. Let us assume that the organisers contracted a selling agent that takes care of all selling and marketing responsibilities, gets 10% as commission. The policy states that no return no exchange. When should the organisers recognize revenue? 4. With regards to the authenticity of the signatures, do you think the accounting profession have the skills to provide the services to authenticate? Discuss and show examples. 5. Discuss the importance of Cost of Goods Sold(COGS) in this case. How is it applied? 6. Let us say that the signatories will get a fixed fee for the effort, when would the organisers recognize the expense? 7. Assume that the signatories will get a 5% commission on the sales of their signed tickets. When would the organisers recognize the cost? Answers: Introduction: The company which we have selected for presenting the report is related to the mining sector in Australia. The company name is NEWSCREST MINING LIMITED. The company is operating in various countries including Australia through joint ventures, subsidiaries and associates. The company operations are related to Mining of Gold and producing gold thereon. The corporation is an Australian corporation which is involved in the developing, exploring and producing the gold and the concentrate of gold and copper in Australia and other international countries also like Indonesia. The company is a leading Gold Mining and exploring corporation in Australia. The corporation is listed in Australian Stock Exchange. Now we will discuss the financial parameters of the company in detail for the two financial years ending on 30.06.2014 and 30.06.2013 and make a comparison of the two years. While doing so we are going to analyse the growth of the corporation financially on various financial parameter like current assets, current liabilities, shareholders equity etc. Executive Summary- Part A1 The background of the company is that the company was founded by William Thompson (the Colonel) in the city of New York in the year 1921. It was formed as a holding company which wants to invest in mineral oil resources worldwide as well as the related companies in like operations. The corporation primary focus was Australia up to 1991. But since 1991 the company has been looking for opportunities in overseas operations also. The company headquarters are in Melbourne, Australia. The company is ranked in top 50 listed companies in Australian Stock Exchange and is also listed in the Port Moresby Stock Exchange. The companys operations consist of mining gold, exploration of the gold and development of the gold and the copper concentrate. The Australias largest operation in Gold mining operations, Cadia Valley Operations is a 100% subsidiary of the Newcrest Mining Limited. Cadia Valley Operations has 3 mines. All the three mines are large scale mines. These mines are using one of the following methods: a) Block and panel caving method b) Method in relation to open pit mining As per the data available in the website of the company the company is engaged in the production of Gold Dore with the help of a Gravity Circuit and the concentrate of gold and copper from the floatation circuit. The operation of the company involves the refining of the Gold Dore from Cadia Valley Operations at the mint of Perth and the concentrates of Gold and Copper are then piped to a plant which is dewatered at Blarney and thereafter the same is sent to Port Kembla in New South Wales for the exportation in countries of Eastern Asia. The company is also focussing on increasing its capacity to increase the reserves of Gold and Copper concentrates in its production. This will help the company to supply huge quantity of the product when required and there will be no shortage also. The company area of operation other than the Cadia Valley Operations is numbered below: a) Telfer, WA b) Lihir, PNG c) Bonikro, Cote dlvoire d) Hidden Valley, PNG e) Gosowong, Indonesia The company is also helping to develop the economy of the countries they operate in. They are largest contributor to the economy and source of employment in various areas in which they are operating. The company is also having some advanced project like Wafi-Golpu, PNG and Namosi, Fiji. The company uses all modern and safe technology in mining, exploration and other production processes. There are mainly two technologies mining and processing technology. The main focus of the company is to develop new innovative process of technology such that the work becomes simpler and the production target is met in lesser than expected time horizon. (Limited 2014) Analysis of the Balance Sheet of the Company- (Part A2) Now we are going to analyse the financial position of the company in relation to the consolidated figures from the report of the company available on its website. Figures in $ million Financial Parameter As on 30.06.2014 As on 30.06.2013 Absolute Difference % Increase/ (decrease) Remarks Total Current Assets 1267 1389 (122) (8.78%) Negative Total Non Current Assets 12320 15684 (3364) (21.45%) Negative Total Current Liabilities 656 933 (277) (29.69%) Positive Total Non Current Liabilities 5224 6138 (914) (14.89%) Positive Current Ratio 1.93 1.49 .44 - Positive Total Shareholders Equity 7581 9863 (2282) (23.14%) Negative Comments on the Comparative Financial Position of the Company Total Current Assets and Total Current Liabilities: If we talk about the change in the total current assets of the company, then we can say that the effect is not at all positive since the total current assets have decreased by $122 million in absolute terms and a percentage decrease of 8.78 from the previous year. But we cannot conclude straight forward regarding the financial condition of the company by comparing the total current assets only. We need to check the current ratio of the company. A current ratio is calculated by dividing the current liabilities from the current assets. The total current assets are taken in the numerator and the total current liabilities are taken in the denominator. The current ratio shows the financial condition of the company, how strong the company is financially in short period of time which is less than one year horizon. The strength of the short term liquidity position of the company can be calculated from the current ratio. Here the total curre nt ratio has been a positive impact. The reason being the total current assets have not fallen by much but the total current liabilities have fallen by much percentage in comparison with the total current assets. The fall in the total current assets is less thereby strengthening the short term liquidity of the company. This shows the companys good position to meet its short term working capital requirements. Total Non Current Assets and Total Non Current liabilities: On the other hand if we examine the increase or decrease in the Total Non Current Assets and Liabilities we found that the total Non Current assets have fallen much in absolute as well as the percentage terms also. This means that the company has been able to receive the long debts due from a long time. Contrary the Total Non Current Liabilities of the company has not fallen by the same amount and percentage as compared to the Non Current assets. This means that the companys long term liabilities are still there with less repayment from the last year. This difference shows that the financial position of the company in the long term is not so good when we talk about the short term position of the company. Changes in the Shareholders Equity: The shareholders equity has decreased very sharply from the last year. The sole reason being the loss in operation has widened in the last year of operation. The Reserves or the retained earnings amount has fallen by $2221 million which has led to fall in the shareholders equity. This fall leads to loss to the shareholders of the company. The loss will lead to fall in the share price of the company in the stock exchange, destroying the shareholders wealth. Analysis of the Income Statement of the Company- (Part A3) Figures in $ million Profit Loss Constituent Year ended 30.06.2014 Year ended 30.06.2013 Absolute Difference % Increase/ (decrease) Remarks Total Operating Revenues 4040 3775 265 7.02% Positive Cost of Goods Sold 3094 2941 153 5.20% Positive Total Expenses 3497 6924 3427 49.49% Positive Extraordinary Gain/(Loss) - - - - - Gross Profit Ratio(Sales/Cost of Goods Sold) 76.58% 77.91% Positive Earnings Per Common Share $(289.80) $(755.10) $465.30 61.62% Positive Here we see that the sales of the company have increased. This is positive trigger for the company. The next point to focus on is the Cost of sales of the company. If we look at the figures and the percentage difference we will be feel like that the cost of goods sold has increased. But we cannot give a final verdict on just comparing the cost of goods sold of the operation. There might be several reasons due to which the cost of goods sold is high. The production may be high and the sales figures are to be checked to comment of the financial operation of the company. We need to calculate the Gross Profit Ratio of the company. The gross profit ratio is calculated and has shown improvement since last year. So we can say that the company has a better Gross Profit Ratio. Thus the company has progressed a bit operationally. If we look at the other parts of the financial operation of the company in both the years the companys loss has decreased since last year tremendously and hence the company is in a position to cover the reduce the amount of previous losses. Thus the company is able to create shareholders wealth in the current year. Now coming next to the Earnings per Common Share of the Company, the company has posted Earnings per share of ($289.80) in comparison to ($755.10) showing a great increase in absolute as well as the percentage terms. So the financial operation of the company has shown a great turnaround since last year. (Madinson n.d.) Analysis of the Cash Flow Statement of the Company- (Part A4) Figures in $ million Cash Flows As on 30.06.2014 As on 30.06.2013 Absolute Difference % Increase/ (decrease) Remarks Net Cash Inflow (Outflow) from Operating Activities 1037 1147 (110) (9.59%) Negative Net Cash Inflow (Outflow) from Investing Activities (904) (2564) 1660 64.74% Positive Net Cash Inflow (Outflow) from Financing Activities (61) 1236 (1297) 104.94% Positive Net Increase (decrease) during the year 72 (181) 253 139.78 Positive If we look at the cash inflow from operation of the company we can say that the company cash position has reduced from last year. So this part is slightly negative for the company. On the other hand the company has shown a tremendous increase in the Cash flow from investing activities. This is a big positive for the company in comparison to the last year. Thirdly the company is progressing financially also. It has not taken loans from other companies and hence the company is not increasing its long term liabilities. Thus the overall cash flow in the current year has been positive which shows that the cash position of the company is very good and improving very fast. (McClure n.d.) Analysis of the Shareholders Equity of the Company- (Part A5) Figures in $ million Particulars As on 30.06.2014 As on 30.06.2013 Absolute Difference % Increase/ (decrease) Shareholders Equity Balance 7707 10002 (2295) (22.95%) Number of Outstanding Shares 766165794 765607049 558745 .073% Note: The difference of 558745 numbers of shares represents the companys share based plan and the rights applied in course of this plan. This also relates to executive service agreements. Conclusion: Finally in conclusion we can say that the companys performance has increased from last year financially as well as operationally. The company is having a turnaround in its operation from the last year and the company is a good investment opportunity. The facts and the figures demonstrate a huge growth in the company in the coming times leading to solution to the investors for growth and opportunity in the long run. The growth of the equity wealth helps the investors to understand the growth of the company and also the interest of the stakeholders are not sacrificed. Part B Case Study Analysis of the given case: An offer has been received from the organizers of Melbourne Tennis Open 2015. Premium tickets will be purchased by us from these organizers bearing the signatures of the greatest and popular tennis players like Rafael Nodal, Roger Federer, etc. There are only 300 tickets of these features. The Retail Sale Price of the Ticket is $300 each The price for the tennis club members is at a discount. The price being $280 each. Delivery Time 5 days. Required Answers to Questions: 1. The organizers have to recognize the revenue of the tickets sale to us but they have two options of recognizing the revenue. One is two record the revenues at the time they transfer those tickets or to defer the recognition until the delivery is made. The recognition of the revenue is linked with the transfer of the rights and ownership of the tickets to the buyers. The important thing here is that the delivery shall be assumed as the final event of transfer of ownership and the rights to the customer. Hence the recognition of the revenue shall be made at the confirmation of the delivery to the buyers place. 2. If there is a clause in the tickets which mentions that the customers can return their tickets if they find themselves not satisfied with the event, then the previous experience of the company shall be taken into consideration. If according to the previous experience of the company there were 10% returns, then the 90% of the revenue shall be recognized immediately after delivery to the buyer and the remaining 10% shall be deferred for one month. 3. In this case the organizers are contracting to hire a selling agent who will purchase all the tickets immediately from the organizers and the policy states that there will be no return and no exchange of the tickets. Hence in this case there will be no delivery time involved. The revenue shall be recognized when the selling agents purchases the ticket from the organizers. 4. Authenticity of a signature can be assured with the help of the accountancy profession. Here it is important to know the importance of the digital signatures. A digital signature is the soul signature of the person signing it and it cannot be forged. It has a password and it is protected by means of it. Thus we can say that the authenticity of the actual signature of the popular sports personalities can be given with the help of the Digital Signature of these sport personalities which are regulated by authorised bodies. 5. The cost of goods sold is important here because ultimately every financial statements comprises of the cost of goods sold. We need to disclose the cost of sales separately in the financial statements every year. A cost of goods sold in this case shall be calculated by applying the general principles. The costs which are directly related with the sales shall be included in the figure of the cost of goods sold. The direct sales costs are cost of printing tickets, fees given to the popular tennis players, the rent of the stadium or the event auditorium, etc. 6. Since the organizers are aware of the fees in advance, the same is known event. There is no uncertainty with the fees. Therefore the organizers shall recognize the revenue immediately after successful delivery of the tickets.(Sriyra n.d.) 7. In this case it is mentioned that the signatories will be getting a fee of 5% on the sale of tickets bearing their signatures. So the event is depending on the sale of the tickets containing the signatures of the popular players. Hence it can be concluded that first we need to compute the amount of tickets sold with signature and without signature. There will be separate recognition of amount of the two types of tickets but there will be no difference in the timing of the revenue recognition. The revenue shall be recognized immediately after the successful delivery of the tickets.(Street n.d.) References Works Cited Sriyra. https://www.futurpreneur.ca/en/resources/operational-and-financial-planning/articles/cybf-article-financial-analysis-and-the-effective-operation-of-your-company/. https://www.futurpreneur.ca/en/resources/operational-and-financial-planning/articles/cybf-article-financial-analysis-and-the-effective-operation-of-your-company/. Street. https://www.streetofwalls.com/articles/investment-banking/recruiting-interviewing/comparative-company-analysis/. https://www.streetofwalls.com/articles/investment-banking/recruiting-interviewing/comparative-company-analysis/.
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