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Proposal Give Tier 1 limited access to the rd Party Server logs so we can more extensively research rd Party orders at the Tier 1 level.

rd party orders are becoming an increasingly bigger piece of the sales pie. At this time orders processed via rd party amount to around $15 million per month and approximately 5000 orders pass through a rd party vendor each day.

With the increase in rd party usage comes an increase in issues associated with rd party accounts. In 00, the Service Desk logged approximately 68 tickets per month related to rd party. So far in 00 the Service Desk has logged around 6 rd party tickets per month. One of the issues we see on a daily basis is related to order research. rd Party users will call the Service Desk when they have not received an order they place through the rd party site. Large portions of these tickets are sent to Tier for resolution. In 00, order research tickets accounted for % of all rd party tickets logged. Of these, over half (51%) were sent to Tier .

Tier costs to resolve a ticket are approximately 8 times as much as if Tier 1 can resolve the issue. This creates an opportunity for cost savings. Having Tier 1 resolve an issue versus Tier results in a savings of $86/ticket. Based on our 00 average of 17 order research tickets/month (as of May 00) sent to Tier , this would result in a monthly cost savings of $146/month.

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In addition, average time to resolved these tickets sent to Tier is approximately 10 hours/ticket. By freeing up these 170 hours/month, Tier can work on more critical matters.

YTD

00 00

Total rd party tickets logged 814 4

Average # of tickets/month 68 87

Total rd party tickets related to order research 170 168

Order Research tickets as a % of total 1% %

Average # of tickets/Month 14 4

# of order research tickets sent to Tier 71 85

% of order research tickets sent to Tier 4% 51%

Average # of tickets/Month 6 17

Average Time to Resolve 1 hrs 10 hrs

Average cost per ticket to resolve issue Tier $ 100 $ 100

Average cost per ticket to resolve issue Tier 1 $ 1 $ 1

Pros

· Cost savings to the company (Approx.$146/month)

· Time savings to Tier (Approx 170 hrs/month)

Cons

· Training Tier 1 personnel (cost TBD). The cost savings from resolving tickets at the Tier 1 level would eventually offset this.

My proposal is to give to two people on our Tier 1 team limited access to the rd party server logs. rd party order research tickets that would have previously been assigned to tier can go to this group for research.

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If you order your custom term paper from our custom writing service you will receive a perfectly written assignment on Dispute Resolution Paper. What we need from you is to provide us with your detailed paper instructions for our experienced writers to follow all of your specific writing requirements. Specify your order details, state the exact number of pages required and our custom writing professionals will deliver the best quality Dispute Resolution Paper paper right on time.

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How people process information is regulated in great part by his/her personal barriers How his/her were raised, his/her values, his/her fears and personal needs. When people try to resolve a dispute within its organization, people tend to let his/her egos, biases, and emotional and physical impairments influence the thinking process. Additionally, people have a difficult time recognizing that his/her responses are being influenced by these factors. These barriers, when not recognized and addressed, can impede the resolution process and cause conflicts. However, this does not have to be the case. Strategies for overcoming these barriers, and developing positive dispute resolution and problem solving habits, can be achieved with techniques to strengthen clearer perception and better communication. When used correctly, these techniques can induce creative thinking and open previously unexplored solutions. It is the concepts that will be explored in the following workplace dispute.

Designs of Love is currently developing its marketing plan for a new line of same sex wedding dresses for lesbian brides-to-be. The company has assembled a marketing team, who has been assigned the task of planning a marketing strategy for this segment of the wedding market. During the first meeting, several members of the group had difficulty coming up with ideas. Some team members were disturbed by the nature of the target customer; others just had difficulty designing a campaign that was elegant and attractive to this market segment. This disruption within the group resulted little being done to develop a marketing plan, and developed tensions within the group that further hindered group productivity. After seeing their difficulty, the organization assigned Leo, who is a resolution manager, hired to help the other members sort through their personal influences and concentrate on the project before them. The following communication is his suggestions for the marketing team.

Leo's Analysis

Dispute resolution is an ongoing process that is an integral part of work and life. At one time or another, every professional has the task of resolving conflict. The proverbial gap between the current situation and a desired situation often causes a great deal of anguish for the individual trying to resolve the conflict. This anguish can, however, be avoided by trying to approach the problem from a different angle, creating new solutions by applying a creative problem solving approach. This process allows imagination to feed off memory and knowledge causing one idea to lead to another.

Problem Solving Guide

1. Define the Problem

A primary source of ineffectiveness is rushing to solutions before properly defining the problem. A good problem definition states the current situation and the desired situation. Use clear and concise language supported by facts when defining the problem (Robbins, ). Although you can never learn everything about the problem, one can learn enough to define the current situation and the desired situation. Once the problem is defined, then the mediator should work to understand and analyze the root causes to make sure the potential solution addresses the cause of the problem (Rushworth, ).

Starbursting is a technique for finding a variety of ideas in a short time and can be used at all stages in the creative resolution process. The underlying principle of Starbursting is the greater the number of ideas generated, the greater the possibility that a quality solution will be found (Rushworth, ). In order for this process to be successful, there are some ground rules that need to be followed

Ground Rules for Starbursting

• No criticism of an idea is allowed.

• Strive for the longest list possible - go for quantity.

• Strive for creativity - wild and crazy ideas are encouraged.

When using the Starbursting technique

• Focus on the topic or problem statement and write it on a piece of paper in a circle to help focus.

• Next, you will want to review the ground rules for Starbursting, as listed above.

• Think of as many questions as possible and write them down on the paper surrounding the problem circle (as if bursting from the center).

Note Starbursting can be done individually or as a whole group (Rushworth, 4).

. Generate Alternatives

Now that the situation has been identified, the next step to problem solving is to generate alternative solutions. An important ground rule for this step is generate, dont evaluate (Thompson, ). You may want to try the Starbursting technique again to generate some solutions.

. Evaluate Alternatives

Before evaluating alternatives, the criteria for judging solutions should first be

established. The criteria should define general characteristics of a solution. Furthermore, the criteria should be objective and preferably measurable, rather than emotional. The developed solutions should be prioritized according to the solution criteria.

4. Develop an Action Plan

Action planning is designed to build the commitment and ownership in the solution. This increases the likelihood that the solution will be implemented effectively and on time (Thompson, ).

The final campaign from the marketing team was a line of elegant photographed lesbian couples in the organization's new line of wedding dresses appropriately named Love Made Visible. This campaign helped the Love Made Visible line grow to be one of the organization's most lucrative lines. It was also commended within both the wedding industry, as well as the Gay/Lesbian community, as being the most innovative and elegant bridal lines.

Summary

Solving problems and resolving disputes is an ongoing process that is an integral part of everyday life, either at home or at work. A problem must first be defined, root causes understood, and alternatives generated before effective solution can be proposed. With the help of creative problem solving techniques, professionals can broaden their perception of the problem and explore a variety of solutions.

The key to using creativity when solving problems is to change his/her perspective, creativity, and the problems his/her face. This will help a person reduce anxiety, relax and focus his/her creative powers exactly where an individual can do the most problem-solving good. In the case of the marketing team, some individuals had deeply rooted religious beliefs about homosexuality and same sex marriage, and had to be removed from the team. Once the new members had been acquired to replace them, the team was then able to concentrate on its task to develop a lesbian wedding campaign. A large barrier in this process was fear. Many of the individuals were concerned that employees would either offend someone in the room, or be negatively labeled based on their participation in the team. Once these fears were reduced with the ground rules, the group was better able to participate in the formulation of ideas.

The ability to play with ideas is at the heart of creativity. Being able to see an idea paired with an idea, which is never paired or separated from an idea, which is never separated, requires playfulness. The Starbursting method encourages this playfulness, but ultimately being creative depends on desire, knowledge, effort, insight, and critical judgment.

Work Cited

Robbins, Stephen P. Organizational Behavior. Custom Electric Text for University of

Phoenix. Pearson Custom Publishing, 001.

Rushworth, Kidder. How Good People Make Tough Decisions, New York

Fireside/Simon & Schuster, 16

Thompson, Robert. Effective Dispute Resolution http//www.metaethics.org/contributors/gop010.html

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From the Western perspective, it is hard to understand ritual suicide as anything positive or helpful to the living. There almost seems to be no Western equivalent to the duty of Elesin in Death and the Kings Horseman. However, Wole Soyinka gives us a comparable situation in Janes description of a captain blowing up a ship to save the people on the shore. Its a moment of hypocrisy on Britains part, both trying to prevent Elesins suicide and lauding a Western suicide which purports to do the exact same thing - save the living from destruction. Its also clear that Olunde sees this ridiculous parallel, but he does not make Jane see the connection. Instead, he lets the matter drop, which, in the Western perspective is puzzling. We want everyone to see the truth and explain it, and think worse of Olunde because of his inability to show Jane whats really going on. But it is really his own unique viewpoint and actions that show that what he does is much smarter than our want of brute force.

Olundes intelligence stems from thinking before acting. Yes, Jane gives perfect ammunition to explain why his father saving his people from destruction and going to a much better place, but that doesnt mean the best solution is for him to point this out. Changing peoples opinions in discussion might be a Western virtue, but opening ones trap is not always the best strategic option. Olundes education and background combined give him a unique vantagepoint on action, and he sees that he can best help his people by waiting and evaluating the situation.

There are three essential reasons why Olunde avoids pointing out the obvious to Jane. First of all, while Jane seems intelligent and ready to accept what he says more than any other Brit in the play, it is also true that Westerners like to discover the truth and reality themselves. Being led by Olunde might cause an immediate rejection of whatever he has to say because she has an ingrained belief in the inferiority of his early upbringing, and thus in any beliefs related to his culture. The truth will be much stronger and more immediately convincing for her if she discovers it herself. So, even if he spoke and pointed out smartly the connection, it wouldnt be as credible to her. Other than the small amount of boasting pride he might feel, there is really no reason for him to tell her.

Secondly, and perhaps the most obvious of reasons, her knowing the reality as starkly and consciously as he would put it wouldnt cause any good in the grand scheme of things. Yes, he would right, and would win the argument, as it were, but nothing will change. She holds no power in the British hierarchy, as we see later in the play. Furthermore, it would probably cause her great discomfort. We know that she is close to understanding the connection between her captain and Olundes father, but if it were to be brought to the surface suddenly, she would have to deal with it directly. And this would involve recognizing her husbands ignorance and the harm of his action on the Yoruba. So there is no direct necessity or benefit by his telling Jane.

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Finally, Olunde is in the unique position that he is both a Yoruban and trusted by the British; seen as one of their own. If he fights openly for the rites of the Yoruba that seem abhorrent to the English, he will lose this position in their eyes. And it is indeed this situation which allows him to kill himself to save the destruction to his people. Although he does seem fairly certain that Elesin will die instead of going with Pilkings, it is still a beneficial circumstance for Olunde, and hes smart enough not to sacrifice that for a small amount of pride or to try and convince someone who has no power to do anything.

We can see from this small piece in the book that Soyinka is continually forcing us to recognize that the Western way is not the only way. By presenting us with situations that we cannot understand at first, we are led to understanding only by thinking through what happens. While it might seem at first that the Yoruba are giving up the battle, they are really keeping their high ground without stooping to fight with the English.

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Our staff of freelance writers includes over 120 experts proficient in Britain in Egypt, therefore you can rest assured that your assignment will be handled by only top rated specialists. Order your Britain in Egypt paper at affordable prices with custom essay service! Leslie Cheung was born September 1, 156 and he was the youngest of 10 children. His birth name was Cheung Kwok-wing. His parents divorced when he was young and he claims this is why he doesnt want to get married. After he graduated from secondary school, Leslie went to Britain to study at Leeds University.

Leslies career started when he returned to Hong Kong and entered a ATV Asian Music Contest, which he won second prize. After that, he started going on stage performing and then television. But his acting career really took off when he took a role in the movie A Better Tomorrow directed by John Woo. Ever since his role in that movie, Leslie has been starring in some of Hong Kongs most famous movies. He is also one of the few openly gay actors in Hong Kong who played a role in Happy Together. His most recent movie was Inner Sense, of which he played a man who was about to commit suicide by jumping off the 4th floor of a building. Leslie was also well-known by his talent in singing.

In the morning of April 1st, 00, news was spread that Leslie had committed suicide. Most people thought it was a bad joke for April Fools Day, only finding out later that it was no joke. 46 years old Leslie Cheung leaped to his death from the 4th floor of the balcony of the gym of Mandarin Oriental Hotel. Pedestrians saw the body and quickly called the police, who then called ambulances. He was immediately sent to the Queen Mary Hospital, where they had family members and friends come to identify the body.

A letter was found on his body. Apparently. he had been suffering from depression for a while now. In the letter, it was translated in the newspapers as

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Depression.

Thank you to all my friends, thank you to professor Mak Lit Fei-Fei.

This year has been too tough, cannot stand it anymore,

thank you Mr. Tong, thank you family, thank you Fei-Jeh.

I havent done anything bad in my life, why like this?

Leslie.

There are rumors going around, explaining why he was depress. Though no one knows which one is true, we can only assume.

Mr. Tong, Leslies lover, was interviewed. He had said that Leslie had tried to commit suicide before, but failed. He was suffering from emotional depression because he wasnt healthy and he didnt get to fulfill his dream of becoming a director.

Leslie Cheung was only 46. His family arranged his funeral on April 8th. Fans gathered all over the streets of Hong Kong, awaiting for the van carrying him in his casket to pass, while holding pictures of him up. Family, friends, and fans bid their farewell to this Hong Kong star one last time.

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If you order your custom term paper from our custom writing service you will receive a perfectly written assignment on 18 and 19 centuries art. What we need from you is to provide us with your detailed paper instructions for our experienced writers to follow all of your specific writing requirements. Specify your order details, state the exact number of pages required and our custom writing professionals will deliver the best quality 18 and 19 centuries art paper right on time.

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(1st Q)

Poussin's "Holy Family on the Steps (1648)" and Rubens' "Rape of the Daughters of Leucippus (c.160)", these two contrasting styles picture influenced to art of the late 18th � early 1th each way.

Poussin's "Holy Family on the Steps", this is a classical style picture. The beautiful architecture is placed in the background. The architectures and sculptures are from Roman style. The human figures wear classic clothes with natural color. Sculpture relief is inclined to be a same plane. Horizontal and vertical lines tend to construct a mathematical formation. All human figures make a big triangle and each small group makes some small triangles in the big triangle. So the triangles create a balance compositionally. And two women look at each other diagonally. Two babies also look at each other diagonally, and they are a kind of precision in the composition. Synthetically, the picture is a stable, symmetrical and concise composition. And there is a stiff composition, even though some slight movement is appeared.

Rubens' "Rape of the Daughters of Leucippus" is painted with the subject from Greek-Rome mythology. The composition is very different with the Poussin's picture, briefly. One woman is twisting and the other woman is like airborne. Two women do not overlap. This scene likes chaos. Those movements make tensions and excitements. The power of movement is the salient traits of the picture. The picture's brushstroke that seems to be his gesture of power on the canvas is heavy. The emotional feeling oozes through the powerful movement.

Neo-classicism artist, David is coming out of Poussin. Delacroix is, who comes out of Rubens, the great leader of Romanticism. These 1th century styles, Neoclassicism and Romanticism, are based on 17th century. The two 17th-century styles tend to parallel each other to 1th century. And each style influences Neoclassicism and Romanticism, separately.

Poussin is exemplified in classicism principles and static principles. These backgrounds also influenced to Neoclassicism. In the neoclassicism picture, a stable, symmetrical and concise composition is like a fundamental notion. A triangle is an important source to make picture well balanced.

In the Romanticism style, heavy brushstrokes, emotional scene, power of movements and diagonal composition are important characteristic like Rubens' style. And some figures come from Rubens'. For instance, in the Delacroix's "the Death of Sardanapalus", the twisted woman and the horse is similar to Rubens' figures.

(nd Q)

"History painting' has a strong educational character. So the picture is not only scene representing actual historical events, but also to scenes from legend and literature of a morally instructive kind. The history, which is told in picture making by artists, is treated in a suitably grand and noble way. And the subject matter comes from out of artist's mind. In academic theory, history painting was considered the highest branch of art.

Benjamin West's "Death of General Wolfe (1770)" and David's "Battle of the Sabines (17)" are the good example for history paintings. In this period, painting had to be didactic and serve a moral purpose in society.

"Death of General Wolfe" represents the battle between France and Great Britain in Canada. And when this picture is painted, the Royal academy, which is in London, is just founded at that time. Benjamin West was a historical painter for George who founded the Royal academy. The subject matter comes from a recent history. It is focused on contemporary hero. It is grand style of history painting. There is the sense of distance between front layer and back layer. The costumes are recent style. Furthermore, the scene is realistic. Even he represented the smoke behind figures.

"Battle of the Sabines" represents the moment that a few years after the legendary abduction, when the women, who can be both wives and mothers, stop the progress of a battle between their Roman husbands and the Sabine men who have come on an unnecessary rescue mission. The subject matter comes from an ancient history. In this period, the French revolution was happened in 178. This picture is painted well to incite the people to have a revolution spirit. The relief of the human figures is inclined to be a same plane. The horizontal composition is the evidence of neoclassicism. The heroin's costume is classic and male figures are nude. David is inspired by the idea that the Greek represented its heroes in nude. He painted it more morally than physical. In addition, David didn't concentrate on the masculine beauty. He striped away anything that was unnecessary, and then David represented heroic simplicity.

(rd Q)

Neo-Classicism is the influential movement in European art in the late 18th and early 1th centuries. It is characterized by a desire to recreate the heroic spirit and the ornaments of the art of Greece and Rome. After the discoveries at Pompeii and Herculaneum, a new and more scientific interest in classical antiquity was one of the features of the movement, and it is also seen as a reaction against the light-hearted and frivolous Rococo style.

In the David's "Oath of the Horatii (1785)", neo-classicism styles appear at important points.

In the subject matter, this picture describes the ancient early Rome where was the republic, not the empire. So republicanism appears in the picture. The subject matter is important things for moral education in neo-classicism. This picture's scene is kind of an educational drama. Each figure makes some triangles, and each triangle makes an opposition of sense of movement going different direction. So the picture's weight is uniform. Behind of the figures, the three arches divide the whole picture into three equal parts. So the picture becomes three different parts but they are unified together. Therefore, the whole picture is very well balanced and differences tend to create the sense of harmony. And then, the background is very shallow space. The male figures' muscle is very realistic. Each person wear Roman style clothes which is adorned with natural color.

Fragonard's "Swing", this is a Rococo style picture. The scene is represented in the beautiful forest, a woman is on a swing and an old man, who looks like her husband, is pushing it behind. Front of her, a man, who looks like her boyfriend, hides in a thicket and look at inside of her skirt. The whole scene is painted by beautiful color. Sculptures, costumes and most things in the picture are gorgeous. These things make the picture is like a dream. However, the inside story is the period's lifestyle which is a dissipation and a sexual disorder. In this period, the subject matter is only about an aristocracy. Therefore the peculiarity of Rococo style picture is very esoteric style.

Greuze's "Broken Eggs", this picture's background is the culture of the countryside. The scene is represented in the timber house, a young girl sit down and broken eggs are side by her. Behind her, a man and an old lady are standing up, and the old lady get angry. At the right side, a young child stands up. This group makes a triangle and it helps the picture well balanced. This picture is not Rococo style. Because of the background and the composition. Nonetheless, it is also not the Neoclassicism style. The woman's shape comes from Rococo style. Furthermore, the subject matter is not for education. The broken eggs are suggestive things. It means like "broken virgin' or something happened between the man and woman. And the child could be their future baby. So the picture's story is erotic which is never being Neoclassicism style. Therefore, this picture is in a time of transition from Rococo style to Neoclassicism style.

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Our staff of freelance writers includes over 120 experts proficient in Kayaking energy systems, therefore you can rest assured that your assignment will be handled by only top rated specialists. Order your Kayaking energy systems paper at affordable prices ! Kayaking utilises all of the energy systems over different durations of time, and throughout different intensitys of exercise. At any one time, all energy systems are in use, however, the emphasis between each is proportional and related to the nature of exercise.

The ATP-PC system is used for short, sharp intensities of exercise, which produce a lot of work or force over a small period of time. The lactic acid system is used for longer durations, of a lesser intensity. The aerobic system is different; as it requires oxygen rather than stored energy to perform various exercises. This system becomes effective as the dominant source of energy a lot longer than the two anaerobic systems, and is sued for much longer duration's of minor intensity.

a.) Typically, the ATP-PC system becomes most effective at supplying the body with energy between 5 and 10 seconds. This is where the peak energy production occurs and is used for several different Kayaking manoeuvres. The ATP-PC system is also closely linked to fitness components including muscular strength, muscular power, speed, agility and reaction time.

The majority of kayaking's most basic skills; when taught to cognitive learners like myself, are broken down into part practice which require tedious but small repetitive actions. These are typically performed in between to 10 seconds, like the sweep stroke action, the proper-action for the forwards and backwards stroke and even short rescue manoeuvres like the Eskimo roll, as it would have taken less than 0 seconds of fairly intense body movement. These little exercise would utilise the ATP-PC system either on their own, or in conjunction with slow steady paddling. In regards to this slow steady paddling, if the kayak starts to turn to the left sharply, then I am required to perform a quick and hard sweep stroke on the left hand side � pushing the hardest at the last stage of the stroke.

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Another time when the emphasis between the systems is predominantly ATP-PC during exercise would be when we are performing an emergency stop. This requires us to paddle as fast as we can towards a fixed object and then paddle in reverse as strongly as possible once given a cue, so that we end up moving in reverse after 4 little jab strokes into the water.

Kayaking is classified as a gentle form of exercise, which has, at times, short little manoeuvres which only take between 5 and 0 seconds to perform, with maximum effort or intensity. For exercise of this duration, and of a fairly high intensity, the ATP-PC system would have been the dominant supplier of energy to the body.

b.) The anaerobic lactic acid system would be utilised for exercise intensities less than that of the ATP-PC system, but of a slightly longer duration. These would typically occur over 0 - 45 seconds of hard exercise, for maximum energy production. However, the lactic system can last up to minutes before the Aerobic system becomes the dominant energy supplier. The lactic acid energy system is closely linked with several fitness components like anaerobic power, local muscular endurance, speed, and muscular power.

In Kayaking, lactic acid system would be used for activities like moderate to hard bursts of speed, going through thick scrub or even in a full in water rescue situation, as these are of a moderate intensity and performed in and around 1 minute.

Short friendly races or sprints would require me to paddle at almost maximum intensity; up to and around one minutes duration. This sort of movement or group of actions has a duration too long for that of the ATP-PC system and is too much of an intensity for the aerobic system. This means that sprints and short races require use of the body's lactic acid energy system. Going through thick scrub, like Murray Bridge's "Lovers Lane" requires careful movement and Kayak stability in order to go through without hitting trees or capsizing. This requires continuous direction corrections like sweep strokes, or even draw strokes and different speed. Because all fo these actions are performed If I continue to paddle at this same moderate to hard intensity, I can really start to feel tight pain in my arms and shoulders, (depending on the effectiveness of my action). This is an indication that the lactic acid system is accumulating lactic acid in the muscles, and the intensity must be dropped if I don't want to hit the wall and over step my lactate threshold.

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· Introduction page

· Intellectual Property And Public Health page

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· Stake For The Pharmaceutical Laboratories (Companies) page

· Environment and Politics page

· The Ethical Dilemma page 10

· Is There A Solution page 1

· Source, References and Interesting Related Readings page 14

Introduction

The problem regarding the sales of essentials drugs in developing countries is a very vast and a very complex issue, interacting with human rights and intellectual property, localization differences, for instance over the different issue, the north of Africa is treated differently than the south, some developed countries support some developing countries and not others,….

I did not know anything about that topic before that, so first part of my work here has been to found out, collect, read, analyze, all the information I have mostly found on the internet to explore this issue.

I will focus on giving an overall overview of that tremendous issue and the ethical dilemma generated thru these different commercial agreement and intellectual property rights. A lot of African medical web site are dealing this tremendous problem in these countries.

After having explained in short the recent agreement conclude with the WTO last August 0th, 00, I'll focus on the different

Intellectual Property And Public Health

The intellectual property is the key issue in that problem. Once a laboratory discover a molecule potentially efficient, it patent it. From the date of the patent, the company (laboratory) has 0 years to exploit, produce and market its drug, before the patent is getting public and thus give the possibility for different laboratories the rights to copy, produce and sale it as a generic drug. The average price of a generic drug is about 0% less than the original (up to 50% in some cases).

The main organization regulating these different agreement, are the world trade Organization (WTO) and in some case the world health organization is involved (WHO).

The Overview

In April 001, pharmaceutical companies gave up the legal proceedings which they had brought against the South-African government in order to prevent it from giving access to the population drugs at low prices. By withdrawing their complaint, the companies gave up disputing the right of the governments to profit from the protection clauses from the agreement from the World Trade Organization (WTO) on the rights of intellectual property. The African governments asked the Council of the TRIPS ( trade-related aspects of intellectual property rights) of WTO, which is in charged to take care of the implementation of the agreement, to examine their claims. They estimate indeed that the intellectual rights and the patents prevent the poor countries from obtaining the drugs which they need to fight against the diseases which devastate their continent (especially contagious disease).

What Is The TRIPS And Its Obligations (trade-related aspects of intellectual property rights)

The agreement on the TRIPS obliges the 140 governments members of WTO to ensure during a 0 years protection by copyright and patent of new products. During this period, nobody can use, manufacture or sell a product without the authorization of his inventor (laboratories). After the expiry of the patent, other companies then have the right to sell generic versions of the product. The TRIPS also protect the trade marks and the trade secret. The industrialized countries were to adopt national laws in conformity with the TRIPS before January 16. The majority of the developing countries and the countries of the old Soviet block were to be put in conformity before 000, while the least advanced countries (LAC) have until January 006 to conform to it. These poorest countries have however the possibility of requiring an extension to WTO. The countries which do not have a national legislation in conformity with the TRIPS expose to penalties, and in particular to commercial sanctions.

The TRIPS define minimal standards making it possible to protect the holders of patents, but these rights do not have anything absolute. Dr. Gro Harlem Brundtland, general Directrice of the WHO pointed out the following The current system of international trade agreements aims at reconciling the rights of the holders of patents and the patients rights and the agreement on the TRIPS comprises significant protection clauses of the public health". These protection clauses allow the countries which wish it to be exempted obligations of the TRIPS by granting obligatory licences, while proceeding to parallel imports and by calling upon the provisions known as Bolar.

Public Interest Against Private Sector

India and Thailand belong to the countries that have authorized companies to produce generic "versions" of drugs having been patented in industrialized countries, using methods of production different from those developed at the point by the manufacturers from original one. The drugs are then sold also at very low price to other developing countries. Seven years after the first marketing of the ciprofloxacin (which is used to prevent the intestinal infections of HIV-positive person person) 48 laboratories produce in India a generic versions of this drug, which is patented in Europe and in the United States.

The Indian company Cipla recently spoke about proposing some triple cocktail of anti-retrovirus drugs at the price of 600 dollars (cost by year/person) for the African governments and of 50 dollars for a nongovernmental organization present in Africa. The cocktail of these three anti-retrovirus drugs is now usually used in the fight against the AIDS virus. Thanks to these drugs, a HIV-positive person is not condemned any more to died but can on the contrary live a longer time. In United States, these drugs cost of 10 000 to 15 000 dollars year per person.

In fact, the pharmaceutical groups make pressure, in particular to the governments, so that the latter are not supplied by the generic manufacturers of drugs. These manufacturers copy existing pharmaceutical products without seeking to develop new drugs. But, the poorest countries and in particular in sub-Saharan Africa, cannot buy at high price the drugs which make it possible to fight against fatal diseases like tuberculosis, malaria and AIDS/HIV. However the situation is far from being clear, because Brazil and South Africa, two developing countries which dared to interpret the substantive patent law in the interest of their population, are the subject of international legal proceedings. Brazil was shown by the United States to contravene the provisions of the TRIPS, the disputes has been settled by the WTO.

In 16, Brazil adopted a law authorizing the local production of five anti-retrovirus drugs essential used in the United States. Some of these drugs, such as for example the TZA, which prevents the transmission of the HIV of the mother to the child, had been patented before 15, i.e. before the entry into force of the provisions of WTO. The TRIPS thus do not apply to the case of these drugs. In accordance with its substantive patent law, Brazil authorizes the production of these drugs, without any royalties being versed to the laboratories. They were able then to manage to provide free drugs to the people infected by the HIV/AIDS. Recently, Brazil succeeded in persuading the American company Merck to reduce the prices of two of its drugs against the AIDS, Crixivan and Stocrin, while threatening to grant obligatory licences if Merck did not reduce its prices by 50 %.

From the American government, the Brazilian laws involve a discrimination against the foreign holders of patents. In accordance with one of its law aiming reinforcing national pharmaceutical industry and at reducing the price of the drugs, Brazil respects a patent only if the drug in question is produced locally. The alien companies must thus be established in Brazil to profit from this protection. According to the United States, this obligation is against the agreement on the TRIPS. The American government thus tried to lead Brazil to modify its substantive patent law and its policies as regards of drugs, by exerting significant diplomatic pressures, relayed by threats of unilateral commercial sanctions.

Last year, Ghana tried to buy at low prices generic drugs to fight AIDS virus from the manufactured Cipla. The holder of the patent, GlaxoSmithKline, indicated that a patent had been deposited for this drug in Ghana and, in spite of the opposition of the authorities, no contract was concluded. GlaxoSmithKline admitted having made an error thereafter.

In the Nineties, the United States persuaded a certain number of countries to reinforce their right of the intellectual property well before the cut off dates fixed by WTO, by holding up the spectrum of possible commercial sanctions. One of the provisions of the American commercial legislation authorizes Washington unilaterally to impose sanctions against exports of a country which does not satisfy certain conditions. After having threaten to take sanctions against South Africa, president Bill Clinton signed an executive decree aiming at softening the American right of the intellectual property applying to the distribution in sub-Saharan Africa of drugs against the HIV. Under the terms of this decree, no American organization can threaten to carry felt sorry for at WTO or to call upon an unspecified violation of the American right of the patents in order to dissuade the countries from sub-Saharan Africa to produce or obtain drugs against the AIDS. Brazil is often quoted as an example that the African countries could follow.

The three main clauses of the TRIPS

Compulsory licenses. The expression used on the agreement is in fact the following Other uses without license of the holder of the right . The governments have the possibility of authorizing a third party to make a product without the license of the holder of the patent. Before seeing granting the license, the applicant has to try to obtain the permission of the holder of the patent according to reasonable commercial conditions. In the case of the granting of a compulsory license, a payment corresponding to the current prices, must be paid to the holder of the patent, the license is then valid only on the inner market and will be cancelled as soon as circumstances will evolve. it is possible to grant a compulsory license without trying beforehand to obtain the permission of the holder of the patent.

Parallel imports. The governments can authorize the parallel imports of drugs a product patented in a country and sold at a lower price in another country can be imported from this second country without the permission of the holder of the patent

Capacities Bolar . These capacities allow the manufacturers of generic products to begin the production and the statutory procedures before the expiration of patents, so that products are ready to be marketed as soon as the patent expires, instead of having to wait for the end of the patent to start the long preparatory phase.

All of that shows that the situation is very complex and that there is no reel solution since the economical strakes for the pharmaceutical laboratories are huge. All that rules and laws were resulting from the TRIPS agreement signed in Doha with the WTO in 14. Since that date, several declarations and capacities have been defined and recently, on august 0th, 00, WTO member governments broke their deadlock over intellectual property protection and public health today. They agreed on legal changes that will make it easier for poorer countries to import cheaper generics made under compulsory licensing if they are unable to manufacture the medicines themselves.

Stake For The Pharmaceutical Laboratories (Companies)

The issue regarding the stakes for the pharmaceutical laboratories is purely economical. The average time to develop a new molecule is about 15 years and the cost is about 50 million dollars for instance for a drug against the HIV. Thus, the pay back of these years of research and development is key for the pharmaceutical laboratories. On one hand, most of these companies arguing that, having one world wide pricing policy (usually high) is the best way to maintain and keep financing the research and development. It has to be mentioned that, beside this official speech, some laboratories have already signed up special agreements (right to copy and produce some drugs) with some African countries, but that is exceptional. On the other hand, the research budget for the most mortal infectious diseases (tuberculosis, malaria and the HIV) is lower than 5% of their total research budget. It is lower than 1% at Pfizer and Glaxo-Smithklein-Beecham.

Environment And Politics

Over the legal environment of the issue that has some huge consequence on the developing countries populations, few words have to be mentioned about the strong effect of the unstable political situation of most of these countries. For instance, over the 50 states composing the Africa, only few have a stable political government. We can not count the number of putsch, some not bloody but some are, like in Biafra, Rwanda, at Kinshasa, in Liberia or more recently in Ivory Coast. This political fragility and instability in addition to the "bad" management of the government, have multiple effect on the health of the populations. This makes the humanitarian aid associations the daily answer to support the populations and deprive the health structure of their budget and means of operation.

The Ethical Dilemma

"Should we let people dying to make more money ? "

Human Rights

The ethical dilemma is first based on the definition and the respect of the fundamental basics of the human rights.

"The right to health is part of the humans rights" . In eighties only, the international community has questioned the health issues as the birthrate of the HIV/AIDS with the human rights.

Thus, few human rights indissociable from the health appear to be fundamental.

The right to the non discrimination it is a key principle for the human right practises in general and for health in particular.

The right to profit from scientist innovations and its applications it is today, a key stake for international health since there are huge discrepancies between the north and the south in that respect.

The right to health which means the rights to an individual, to his autonomy, his information, his education and his participation the social life. Today, the obstacles to cross to apply these rights to health are

· Reduce the infant mortality and promote the "clean" development of children.

· Improve the environmental sanitary aspect.

· Prevent, treat and control the infectious diseases.

· Create all necessary conditions to an everyone access to health.

Consequences, Here Is The Dilemma

In all health issues happening in developing countries, some are directly linked to the access of drug, some not. I will below try to list the one mostly linked to that access to health and drugs.

In Africa for instance, the AIDS is the first mortality cause, before the malaria, tuberculosis and wars (8.1 million people HIV contaminated in sub-Saharian Africa over 40 million world wide). The non access to new drugs to limit the effects of the HIV and to allow peoples to get older is the tremendous issue and ethical issue that the pharmaceutical laboratories have to face up to.

Indeed, this high mortality rate is for the development of these countries translated into a lake of manpower and a weak manpower, increasing the difficulties for those countries to develop themselves and increase the standard of living (if standard of living is the appropriate term in that respect !) In such a condition it is useless to talk about economical environment as a development axis for these countries.

Few numbers the mortality rate including the mortality due to the AIDS, are 50 to 500% higher in East Africa as what they should have been without AIDS. AIDS will cost about 17 years of expectation of life to the countries where the HIV is touching more than 10% of the adult population (South Africa, Botswana, Kenya, Malawi, Mozambic, Namibia, Rwanda, Zambia and Zimbabwe). This expectation of life decrease is both due to the direct death of adult and children. In case of the adult death, children are getting orphan reducing again their chance to get access to health. Since the adult mortality rate will increase, the orphan rate will increase as well. Furthermore, the non access of the poorest population to new drugs to fight the HIV has completely annihilate the 40 past years of vaccination against malaria and tuberculosis and that is the issue too. AIDS reveal the ethical issue behind the access to the drugs since all the new different treatment are not accessible by 0% of sick person in the world.

Indirect consequence to the people infected by the HIV (direct consequence of the non access to the drugs), is the access to a job, which is another ethical issue in regards of the human rights. In south Africa for instance, a law has been voted to prohibit the HIV test when recruiting people.

Is There A Solutions ?

Over the all different sources I used to pictured a part of this wide and very complex issue, different proposal are made by the main actors of the world, the WTO, the WHO, the humanitarian aids, the USA, the EU and the pharmaceutical laboratories themselves but most of them seems to be to far from the reality according to the concerned people. US pharmaceutical firms and US government as well were criticized regarding their politic in that respect, but for instance, thru the infringement accepted by them for some drugs to be copy, produce and sold (in the same country) by developing countries, only Brazil took the opportunity to evolve and improve is access to the drug. None of the African countries did so, most of the African government do not work to really solve this issue. On the other hand, we can read that US government, the EU and pharmaceutical firms are putting a strong pressure over these African countries not to do so.

The different agreement signed up and especially the one in Doha in 00, planned to declare the superiority of the right to health over the right to the patents. Thus, poorest countries got the rights to import drugs at low cost, the generics, to save millions of life. Developing countries, non producers of drugs, supported by the non governmental organizations wanted to define themselves which disease was a public health issue in their countries. But, the US, worried to preserve his pharmaceutical industry from the competition of the generics, mentioned that the way in which the text was written, presented some risks of extension of the agreement to non contagious diseases like asthma, diabetes. This would fragilized the protection of the patents then would weaken the research and the development of new drugs by the pharmaceutical firms. This potential risk have been evaluated to be about 50 billion dollars of loss of sales if generic drugs for non contagious diseases would compete. EU, is not "cleaner" in that respect, also trying to preserve his pharmaceutical firms for an uncontrolled competition. Over the pure economical aspect of the patent rights agreement, non governmental organization have proposed to redefine and restructure the humanitarian aid roles, develop more partnership with the poorest countries,….

As I said, this issue is very complex and nobody can pretend to have the right solution, if a short term and a long term really exist.

As a manager, it is very important to be aware of such a kind issue, trying to be objective in regards of all the actors and issues interacting all together.

Sources, References and Interesting Related Readings

Books

Alternatives Internationales

Juillet-Aout

Internet Web Site

http//www.wto.org/english/tratop_e/trips_e/pharmpatent_e.htm

http//www.wto.org/english/tratop_e/trips_e/factsheet_pharm00_e.htm

http//www.un.org/french/ecosocdev/geninfo/afrec/vol15no1/151aid8f.htm

http//16..7.104/translate_c?hl=en&u=http//www.cite-sciences.fr/actu/001/0/medicaments/html/%sida&prev=/search%Fq%D%5Afrique%5%5sante%5%5propriete%Bintellectuelle%5%5medicament%5%5%5C%5Athique%5%6

http//www.genethik.de/aids/aids0.htm

Reports

La Coop�ration Dans Le Secteur De La Sant� Avec Les Pays En D�veloppement

Rapport du Haut Conseil de la Coop�ration Internationale � R�publique Française �June 5th, 00

Rapport sur le d�veloppement humain 000 �Droit De l'Homme Et D�veloppement Humain�

PNUD

Impact D�mographique Du HIV/AIDS

Benoît Ferry, january 00

Comment Developper La Production Locale Des Medicaments Traditionnels ?

Mardi 1 novembre 00

Faculte de pharmacie , paris v

www.remed.org/COMMENT_DEVELOPPER_LA_PRODUCTION_LOCALE_DES_MEDICAMENTS_TRADITIONNELS.rtf

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