Sunday, May 31, 2020

TRADEMARK PROTECTION AN INTERNATIONAL PERSPECTIVE - Free Essay Example

ABSTRACT Trademarks are signs and combinations that identify goods and services of a particular individual offered in a market. Today the trademark is a way to attract the public. Consumers look at trademarks to choose goods and services, which increases the role of trademarks in global marketing. Trademarks are important in the sense that most of the consumers rely on the symbols, letters, or labels that the company attached with its products in order to buy them. Often, consumers are deceived by selling local quality products under the brand name. This not only break the trust of the consumers but it also hamper the reputation and goodwill of the brand name and its business. Hence, trademark needs to be protected from such fraudulent activities not only nationally but internationally too. Sometimes, trademark is infringed in a foreign country and due to territorial restrictions; the trademark owner is not able to protect his mark in that country. Our intellectual property system offers a legal means for such protection. There exists a complete international system for trademark protection. Several international agreements have been signed to facilitate the international protection of intellectual property rights. The oldest is the Paris Convention of 1883 and the most recent is TRIPS in 1994. There are several other global and regional agreements, signed between the Paris Convention and TRIPS, which are still in force today such as the 1891 Madrid Agreement on the International Registration of Trademarks, the 1989 Madrid Protocol on the International Registration of Trademarks, and the 1994 Trademark Law Treaty. This article examines various treaties, convention and agreements made internationally for the protection of trademark in the global market. INTERNATIONAL AGREEMENTS à ¢Ã¢â€š ¬Ã¢â‚¬Å" The Paris Convention and TRIPS both provides many general principles and rules for the protection of intellectual property rights. PARIS CONVENTION The Paris Convention for the Protection of Intellectual Property is one of the oldest and important treaties for the protection of intellectual property rights signed in 1883 in Paris. It also established a union named Paris Union for protecting intellectual property rights. It applies to all intellectual properties such as trademarks, utility models, patents, geographical indications. The Paris Convention provides three principles for protection of intellectual properties[1]: National Treatment à ¢Ã¢â€š ¬Ã¢â‚¬Å" The Paris Convention provides that each member country of the convention must provide equal and same protection of intellectual property which it grants to its own citizens, to the nationals of other member countries. For example, if a citizen of India wishes to obtain a Trademark Protection in United States, he will get same protection and rights under the same conditions which United States will provide to its own nationals as both India and United States are the signatories of Paris Convention. Also, the citizens of non-member countries are also entitled to national treatment under the Convention but with some limitations. This principle also applies to all TRIPS member states. Right of Priority à ¢Ã¢â€š ¬Ã¢â‚¬Å" It means that the applicant who is already protected in one of the member states can apply within a certain period of time for the protection in other member states. The subsequent applications filed will be treated as if they had been filed on the same day as the first application. In simple words, they will have priority over the applications filed by others during that period for the same invention. The advantage of this provision is that the applicants have the option to file the application later in the countries in which they wish to protect their mark and are not required to present all of their applications at the same time. Common Rules à ¢Ã¢â€š ¬Ã¢â‚¬Å" All the signatories of the convention are governed by their own domestic law for registration of intellectual property rights. Therefore, the annulment or nullification of the registration of a mark in one Member State will not affect the validity of the registration in other Member States. This means that the trademark owner is subject exclusively to the national laws of each country. But often, some national laws prohibit registration of numbers or letters, whereas others allow such trademarks. In that case it becomes very difficult for the trademark owner to use a mark in the same form in all the countries. But, the Paris Convention provides that the trademark that has been registered in its country of origin in compliance with domestic law is to be registered in other member states as it is. TRIPS (The Agreement on Trade-Related Aspects of Intellectual Property Rights) TRIPS is an international agreement administered by the World Trade Organization (WTO) which provides minimum standards for regulation of intellectual property rights. It was negotiated in 1994. It covers almost all intellectual property rights such as copyright, trademarks including service marks, geographical indications, industrial designs, patents including the protection of new varieties of plants, the layout-designs of integrated circuits and trade secrets.[2] It incorporates some of the provisions of Paris Convention (1967) also which includes national treatment principle. Article 3 of TRIPS provides for reciprocity between member states. It restricts the discrimination between a Member countries own nationals and the nationals of other Member countries. It means that each member state must grant the citizens of other member states the same intellectual property rights protection which it grants to its own citizens. TRIPS have also introduced the most favoured nation prin ciple which forbids the discrimination between nationals of other member countries. Article 4 of TRIPS provides that all advantages, favours, privileges or immunities granted by a member to its own citizens will be extended to all other members in the same way and without any further conditions. However, the national treatment and most favoured nation principle do not apply to agreements such as Madrid Agreement and Madrid Protocol which are mainly introduced for the international or regional registration of intellectual property rights.[3] It is mandatory for all member states of TRIPS to introduce procedures into their national legislation for the actions to be taken against any infringement of intellectual property rights. Any victim can go to any judicial or administrative authority for seeking remedies in respect of the infringement. Remedies can be in the form of injunction, seizure or compensation for the loss of reputation or goodwill. Articles 15-21 of TRIPS lay down the rules for protection of trademarks. Article 15(1) provides that all signs and combinations of signs that are capable of distinguishing the goods and services of one undertaking from another are capable of acquiring trademark protection. Distinctiveness is thus the sole condition for protection of a trademark. If a mark is not able to distinguish between the goods of two persons, it will not be allowed to be registered. Article 15(4) extends the protection to service marks also so that the nature of a product or a service may not be an obstacle to registration of the mark. Article 15(5) of TRIPS only provides for the obligation to publish the trademark either before or immediately after registration and to allow suitable opportunity for an opposing party to apply for cancellation of the registration. Under Article 16, TRIPS recognizes the exclusive right of the trademark holder. During the term of protection, the owner of a trademark enjoys the exclusive right to prevent th ird parties from using either his own mark or a similar mark for same or similar goods or services in the course of trade where such a use would result in a likelihood of confusion among the consumers. TRIPS also extends the protection to well known marks. Thus, Pepsi Company has the right to forbid a shoe manufacturer from using the sign à ¢Ã¢â€š ¬Ã…“Pepsià ¢Ã¢â€š ¬Ã‚  to designate its shoes if consumers would be likely to believe that the shoes were manufactured or endorsed by the Pepsi Company, thereby diluting the à ¢Ã¢â€š ¬Ã…“Pepsià ¢Ã¢â€š ¬Ã‚  trademark. SPECIAL AGREEMENTS à ¢Ã¢â€š ¬Ã¢â‚¬Å" Article 19 of the Paris Convention permits the countries of the Union the right to make separately between themselves special agreements for the protection of intellectual property. Presently, there are four such special agreements existing relating to trademarks: the Madrid Agreement, the Trademark Registration Treaty, the Madrid Protocol, and the Trademark Law Treaty. The Madrid Agreement, Trademark Registration Treaty, and the Madrid Protocol are completely different from TRIPS as these provides for international registration of trademarks but TRIPS does not deal with registration of intellectual property rights. The Madrid Agreement: The Madrid System for the International Registration of Marks is governed by two treaties: The Madrid Agreement and the Madrid Protocol. The Madrid Agreement was incorporated in 1891. It is administered by the International Bureau of the World Intellectual Property Organization (WIPO). Most of the countries have ratified the Madrid Agreement including India, but with the exception of the United States, Japan, the United Kingdom, Ireland, and the Scandinavian countries. The Madrid Agreement provides simple international registration procedures for acquiring trademark protection by providing single international application upon payment of a single fee. The procedure for registration under the Madrid Agreement may be summarized as follows[4]: a citizen of a member state owns a registered trademark in its own country on the basis of this initial registration, the national trademark owner applies for international trademark registration with the International Bureau of the WIPO; in the international application, the applicant lists the member states in which protection is sought; the WIPO distributes the international application to each of the listed states; in each of these states, the international application is treated as a national application Under the Madrid Agreement, if the trademark registered in the country of origin, on which the international registration is based, is nullified, then all the trademarks issued from the international registration also becomes void within five years from the date of international registration. Madrid Agreement has been criticized by many countries on this point.[5] Trademark Registration Treaty The WIPO created the Trademark Registration Treaty in 1973. The United States and thirteen other countries were signatories to it. But till now, many countries including United States have not ratified it. It is now signed only by the Soviet Union and four African countries. This treaty was made with an objective to establish an international trademark  ¬Ãƒâ€šÃ‚ ling system through which citizens residing in one of the member States can easily register trademarks in all other member states just by filing one single application and securing single international registration. The main advantage of this treaty is the simplified procedure to get the trademark registration secured internationally. But it is still not in force.[6] The Madrid Protocol The Madrid Protocol was signed on June 27, 1989, and entered into force on April 1, 1996. There are total 86 countries who are signatories to this protocol including India. It provides a cost-effective and a very efficient way for trademark holders to ensure protection in multiple countries through the filing of one single application with a single office and single fee in one language. Once any member country grants the trademark protection to any applicant, his trademark will be protected in that country as if that country has registered it. Similar to Madrid agreement, here the international application is treated as a national one.[7] The procedure for filing the application under Madrid protocol is that the applicant files an International Application from the national office of his country which will then pass the International Application to WIPO. He can then list those countries in his application in which he sought protection.[8] The duration of protection following an international registration is ten years, renewable under payment of a fee to the International Bureau of the WIPO. The Protocol is a new treaty independent from the Madrid Agreement and introduces new procedures for international registration which entered into force on April 1, 1996. For example, if the applicant selects the European Community Office, the office of harmonization in the internal market (OHIP), the application is treated as an EC trademark application. The Trademark Law Treaty The Trademark Law Treaty was adopted in Geneva on October 27, 1994, and entered into force August 1, 1996. It does not deal with the registration of trademarks but simplify national and regional trademark registration procedures. There are 49 countries which are signatories to it. It also eliminates the formal requirements that are considered to be unnecessary obstacles in the registration process. The treaty applies to trademarks for such as word marks, design marks, mixed marks and three-dimensional marks. The treaty does not apply to sound marks, olfactory marks, collective marks, certification marks or guarantee marks. The provisions of the treaty contain three phases of the registration procedure: (i) the application for registration; (ii) changes after registration; and (iii) renewal. The provisions of the Trademark Law Treaty are not incorporated into TRIPS. The duration of renewal of the registration under this treaty is 10 years.[9] CONCLUSION What conclusions may be drawn from this brief overview of the international trademark protection system? Clearly, the Paris Convention has stood the test of time. Its principles are now incorporated into TRIPS, defining the basic rules of protection of intellectual property rights in the international trade. The recognition and protection of intellectual property rights is one of the conditions for international peace. Apart from various international agreements like Paris Convention and TRIPS, there are various special agreements such as Madrid Agreement and Madrid protocol, trademark law treaty and trademark registration treaty for the protection of trademarks internationally. Madrid Agreement and Madrid protocol which are part of the Madrid system only deals with registration aspect of trademarks whereas all other treaties and convention deals with principles and rules for protecting trademarks and simplifying the trademark registration procedures at the international level. All these treaties and agre ements are incorporated with sole objective to simplify the international procedures for protecting the trademark and to make them cost effective and more efficient so that any person can make his mark registered and enjoy the trademark protection not only in his home country but also internationally. 1 [1] à ¢Ã¢â€š ¬Ã…“Summary of the Paris Convention for the Protection of Industrial Propertyà ¢Ã¢â€š ¬Ã‚  (1883), available at lt;https://www.wipo.int/treaties/en/ip/paris/summary_paris.htmlgt; (accessed on 15th Nov, 2014) [2] Wolf R. MEIER-EWERT, à ¢Ã¢â€š ¬Ã…“A Business-oriented overview of Intellectual Property for Law Studentsà ¢Ã¢â€š ¬Ã‚  available at lt;https://www.wipo.int/edocs/mdocs/sme/en/wipo_smes_ge_2_06/wipo_smes_ge_2_06_www_63216.pptgt; (accessed on 15th Nov, 2014) [3] Supra note 1 [4] à ¢Ã¢â€š ¬Ã…“Guide To The International Registration Of Marks Under The Madrid Agreement And The Madrid Protocolà ¢Ã¢â€š ¬Ã‚  available at lt;https://www.wipo.int/export/sites/www/madrid/en/guide/pdf/guide.pdfgt; (accessed on 15th Nov, 2014) [5] Supra note 4 [6] DONALD W. BANNER, à ¢Ã¢â€š ¬Ã…“Trademark Registration Treatyà ¢Ã¢â€š ¬Ã‚  available at lt;https://ipmall.info/hosted_resources/lipa/trademarks/PreLanhamAct_107_Trademark_Treaty.htmgt; (accessed on 15th Nov, 2014) [7] à ¢Ã¢â€š ¬Ã…“Madrid Protocolà ¢Ã¢â€š ¬Ã‚  available at lt;https://www.uspto.gov/trademarks/law/madrid/gt; (accessed on 15th Nov, 2014) [8] à ¢Ã¢â€š ¬Ã…“Madrid Protocol and Madrid Agreementà ¢Ã¢â€š ¬Ã‚  available at lt;https://www.elkfife.com/madrid-protocol-and-madrid-agreementgt; (accessed on 15th Nov, 2014) [9] à ¢Ã¢â€š ¬Ã…“Summary of the Trademark Law Treaty (TLT)à ¢Ã¢â€š ¬Ã‚  (1994) available at lt;https://www.wipo.int/treaties/en/ip/tlt/summary_tlt.htmlgt; (accessed on 16th Nov, 2014)

Saturday, May 9, 2020

Writing A College Admissions Essay - Tips For Writing A College Essay

<h1>Writing A College Admissions Essay - Tips For Writing A College Essay</h1><p>College understudies and different candidates need to compose a school confirmations exposition so as to get entrance into a school or college. They are required to compose a paper that enlightens the peruser something concerning them as an individual. This article will give some essential tips to composing a school confirmations exposition. These tips are useful for both those applying to colleges just as those applying to colleges.</p><p></p><p>First, it's imperative to explain to the understudy why they are so able to be admitted to their school or college. You have to incorporate significant data about yourself, what your life has been similar to and what it is you would like to accomplish later on. Understudies are urged to give an individual point of view on what they can offer to the college, be certain and elevating. Never condemn your school or college o r propose they are imperfect in any way.</p><p></p><p>It's additionally essential to discuss what your achievements are, what you've achieved up until now and what you would like to achieve. It's essential to make reference to both your class standing and your scholastic execution. It's likewise useful to incorporate territories where you need improvement in.</p><p></p><p>It's additionally useful to depict your objectives so as to clarify your arrangement for what's to come. Depict the characteristics that cause you novel and afterward to clarify why you have these characteristics. The entrance advisory board searches for something that you're glad for and something that you are acceptable at. Make certain to think about your qualities just as your shortcomings. It's a smart thought to accentuate that these qualities make you special.</p><p></p><p>Finally, it's additionally useful to clarify why your application has been acknowledged by the entrance advisory board. They need to know why you were thought of. Disclose to them how you've met their necessities and how your application is not the same as others.</p><p></p><p>Since there are various online sources that offer guidance about exposition tests, it might merit your opportunity to discover how they work and which ones will work best for you. You will find that it's a smart thought to utilize a mix of these tips when composing your school affirmations essay.</p><p></p><p>Writing a school confirmations exposition is a significant piece of the affirmations procedure. School applications are expositions are a significant piece of the confirmations procedure. In spite of the fact that it is critical to ensure your exposition is finished, it's additionally imperative to ensure it's cleaned and well-written.</p>

Friday, May 8, 2020

Top Tips of Essay Topics on Jazz

Top Tips of Essay Topics on Jazz The remarkable method of life of African-Americans hit the spotlight and lots of white individuals, who previously had no clue about these types of art, started discovering it. Just make certain that it is something which you require, not just something which you desire in the brief term. Don't underestimate the function of the title as it is already proved that lots of topics argumentative whether they ought to spend their time on reading depending on the title. Conclusion In summary, the narrator was used to portray different perspectives of the way the key characters and others in the book develop the principal themes. Whatever They Told You About Essay Topics on Jazz Is Dead Wrong...And Here's Why How to select topics for a descriptive essay writing a descriptive essay is rather easy as soon as you understand how to do it a descriptive essay is one which will. Writing a sports essay is merely among the most exciting writing experiences you could ever run into. To receive the full idea of the way to write persuasively, examine argumentative essay examples that you're able to find online. Therefore, many students and employees decide to acquire inexpensive essay rather than writing it themselves. Categories, essay topics may be divided into. Students Assignment Help experts are providing argumentative essay writing help to those that are unable to compose their essays for college. Before starting, it's critical to choose topics that you really know well. The conclusion provides the total verdict of the argument. The topic has to be interesting, the topic has to be essential and finally the topic has to be informative. It isn't a secret that the success is networking if you're passionate essay topic. What to Expect From Essay Topics on Jazz? Choosing our service, you will understand that studying can be simple if you gain from the aid of competent experts. Social networking isn't an exception as in most cases it causes an addiction that has a negative effect on the total lifestyle of an individual. Throughout college you're likely to be requested to write research papers. As a consequence, such students start looking for the best essay help to make certain that their project is going to be produced at the maximal level in agreement with all academic standards. A good application article has to be concise but insightful and fascinating. So, you might rest assured your term paper service will be delivered by way of a pro. It' s quite easy to use in addition to self explanatory. A defined article won't will supply you with difficult time understanding what it is that you're reading. The Hidden Gem of Essay Topics on Jazz The 20's were called the Jazz Age. Jazz music is continually evolving so there's no limit in regard to what can be accomplished with it, which is the reason why it's so difficult to define. Jazz is among the most troublesome genres of music to do on the trumpet due to its demands on someone's body, technical skill and their capacity to spontaneously create a melody, also know as improvising. The previous music genre that I'm likely to mention is Broadway. It consisted of many distinct eras, each one with a couple of distinct manners of jazz. If you take advantage of a service like Pandora, make certain to settle on a jazz genre, nor let it include related (non-jazz) genres. Excellent latin bravado can consist of imperial politics america a sign of latin america. Although jazz isn't the most influencing music currently in the country, its history proves it is a significant type of music with several origins, a multigenerational life span, quite a few styles, many legendary musicians, and its very own creative, independent interpretation. Jazz music was made by African Americans and is regarded as the sole original American' art form. Jazz music become a valuable part of the American culture. It has no limitations, no course of music. Today, it remains an essential part in music history, and it is still alive and thriving. Key Largo is a fantastic place to live for many factors. Jazz music has an important part in the tale of Violet and Joe. It was also said to be having a caststrophobic impact on the national character. It was a big influence at this period in time.

Wednesday, May 6, 2020

The Financial Aspects Of Revelation - 1223 Words

development for a country, or now and again a state, with respect to the yield of GDP. There are two primary monetary outcomes in the field of ESC research. Chief: the financial aspects of revelation. The revelation of progressive advances in this field can bring huge monetary returns and a higher stream of human information and money to a country. The second being: the financial aspects of dissemination. Money related advantages coming about because of the exploration and utilizations of the innovation may be picked up and acquired by others Stem cell research is costly. In any case, backers say it will one day yield cures that could spare Americans billions in long haul human services costs. California is currently a world pioneer in stem cell research. Supporters of the science trust this field won t just spare lives however perhaps spare the state s economy too. Among the critical advantages that stem cell research can get the financial and social levels for people and additionally for the general public itself, figures the trust that it would likewise help in enhancing the treatment and discovering the cure of a mixed bag of medicinal issues, for example, spinal rope wounds, the substitution or reparation of harmed organs, the Alzheimer s sickness, conception imperfections, heart ailments, Parkinson s infection, diabetes sort one, strokes, secure transplantations without the stresses that the individual s resistant framework would dismiss the new transplantedShow MoreRelatedInterviewer : How Many Of You Are Ready For Manifestation?1681 Words   |  7 PagesInterviewer: How many of you are ready for manifestation? Audience: Yeah. Interviewer: Now, these three meeting can be the turning point in your entire financial affair. Reception is so important. Being able to receive when things is being put out. 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Tuesday, May 5, 2020

Episodic and Disruptive Change in a Static - myassignmenthelp

Question: Discuss about theEpisodic and Disruptive Change in a Static Environment. Answer: Change management is a continuous process adopted in an organization with the aim of experience a high rate of growth compared to others. it is a way the organization plan out its structure to take up successful change management in their process. This is turn will affect their success and overcome competition in the market. The process of change management differs from organization to organization. However, the change taken by a company influences each of its members in a great way. Change is something that is viewed in a static environment and then continues to grow. On the other hand, it is seen that managing a change is considered as an episodic activity which means that it is occurs, continues and gives out a result (Booth, 2015). This paper discusses the process of change management and its effect on the organizational growth. Further the essay presents an argumentative descriptive whether this change is episodic or continuous. Change management means a way of managing a change process in an organization in order to reach its actual objective. Change in organizations is not a small and easy process. It requires a long term planning about investment, division of task and the ways to start with the change process. A proper planning can only make it possible for the organization to achieve its short term and long-term goal. There are three levels involved in a change management process of an organization such as individual change management, organizational change management and enterprise change management. Individual change management is focused on the individual that realizes their issues and decides on bringing a change to their skills to grow in the organization. However, the company as a whole to bring about a change in their process and techniques to achieve long-term growth adopts the second type of change management. This change can also take place in a group that lack certain skills or the problem in their processes (Sarayreh, Khudair Barakat, 2013). Lastly, change can also take place in the competency capability of the organization to cope up in this competitive environment. There are various arguments that the change management process that takes place in the organization is an episodic process or a continuous one. There have been various evidences showing the managing a change in the environment of an organization is episodic because it has a start point and an end. The process of change actually starts by unfreezing the static environment of the organization, bringing a change and then freezing the environment after the change (Cummings Worley, 2014). However, there are arguments that the process of change is not episodic; it is a continuous process as some type of change continuously occurs in the organization (Booth, 2015). It is seen that episodic change is evident from the fact that there are various variables involved in a change management process that a change in one affects the others. Thus, it is essential for an organization to bring the change into an equilibrium point (Hayes, 2014). This fact has been questioned in the ground that change affects variables and someone or the other gets affected continuously in the organization. The company cannot bring a change in an equilibrium pint and assume that it will bring no further affects to others (Cameron Green, 2015). The episodic nature of change can also be explained in context of the large ship that reaches to its destination at some point or the other. Similarly, change is also a ship that starts its process and aims to reach to a point where it can be judged as successful pr unsuccessful (Goetsch Davis, 2014). However, the concept of reaching a result is true but not fixed in the context of change. This is because every change process leads to a result and the result that is generated from it helps in bringing further change. Thus, the process continues nd not end anywhere (Matos Marques Simoes Esposito, 2014). It is evident that change management s about bringing a change to an organization and thus a change occurs from a static state and remain there. An organization can bring about a continuous improvement in their processes and not going on changing it continuously (Waddell, 2013). However, some argumentative approach to it states that change can take place continuously because of its continuous cause and effect factor. Thus, it is very different from improvement where the company only improves the existing technology or process and does not change it. According to the Kurt Lewin model as well, change is ending process, which starts and reaches it destination. He has drawn the process of change in a form of a model that starts with unfreezing activity, continues with change and ends by freezing the change (Hornstein,. 2015). Some scholars have identified that the episodic change in an organization is intentional, infrequent and discontinuous. There are certain changes which help the external agents to create leverage which helps in changing the meaning, schema and system. The failure occurs in all episodic changes and thus the organization suffers losses and has to make certain plans to change. The organization also needs to implement those plans and deal with those consequences accordingly (Jun Rowley, 2014). However, some scholars have opined that continuous change theories can help many leaders in addressing the various limitations of episodic change models and it also provides an in-depth analysis of the adaptive, continuous and informal processes. These are used in the dynamic interaction and it helps to adapt those factors which are inside or outside the organization. It is also important to develop sensitivity in the continuous change process which will help the leaders to influence and evaluate the readiness in the changes and thus develop the organization (Worley Mohrman, 2014). Many scholars have stated that episodic change starts with the failure and these failures may trigger different kinds of failure. Such change includes government regulations, emerging and urgent threats, new ideas which help to initiate different change initiatives. In certain cases these changes may also help in influencing the different environmental factors. However, many scholars have opined that the continuous changes are incremental and it helps through the dynamic interaction of the people, environment and the processes. The idea of continuous change in the self organizing and emergent organization is evolving constantly. This continuous change is an extension of the earlier practices of the current knowledge and skills of the people (Hamel Zanini, 2014). According to some scholars, episodic change may lead the organization to various kinds of opportunities and threats and this may tend to be disruptive. The leaders can help to enhance the adaptability by creation of certain important and resilient organizations. The episodic change is regarded as the transformational change by many scholars and it helps the organizations to address the various kinds of issues. On the other hand, some scholars have regarded that continuous change involves modifications and practices which are unending. They also refer this process as a process of freeze, rebalance and unfreeze state. The continuous change perspective as predicted by many scholars has stated that the employees will try to resist the changes which require external intervention and thus help in the removal of different kinds of obstacles. This will also help in replacing the different kinds of resistant and the employees will be willing to implement the new strategies (Maltais et al., 20 13). It has been argument that in the competitive environment companies are continuously adopting becoming turbulent and adopting episodic change in their organsiation. They continued to say that the episodic change adopted by companies is done in order to bring about a continuous change. This proves that episodic change and continuous change is linked process I themselves which is followed by the other. They are linked to one another, as without one the other cannot take place. The episodic change occurs in the organization in which the process of change takes place slowly and in a continuous manner. However, continuous change looks after the limitation that occurs from the episodic change management process. Thus, this proves that they are interdependent on each other (Lewis, Passmore Cantore, 2016). Thus, it can be concluded that episodic and static change are not separate terms but they are interdependent on each other. Various arguments has been stated which helps in connecting the different theories of continuous and episodic changes. These two concepts provides comprehensive framework for understanding and influencing the different kinds of changes. Various integration approaches has been made to analyze the two opposite terms and thus it creates a mid way to focus on the similarities. The connection and interdependency of the two concepts helps to offer a complete framework for understanding the changes. Thus, it can be concluded that in a static environment the leaders of the organization can plan the business accordingly. References Booth, S. A. (2015).Crisis management strategy: Competition and change in modern enterprises. Routledge. Booth, S.A., 2015.Crisis management strategy: Competition and change in modern enterprises. Routledge. Cameron, E., Green, M. (2015).Making sense of change management: A complete guide to the models, tools and techniques of organizational change. Kogan Page Publishers. Cummings, T. G., Worley, C. G. (2014).Organization development and change. Cengage learning. Goetsch, D. L., Davis, S. B. (2014).Quality management for organizational excellence. Upper Saddle River, NJ: pearson. Hamel, G., Zanini, M. (2014). Build a change platform, not a change program.Retrieved November,12, 2014. Hayes, J. (2014).The theory and practice of change management. Palgrave Macmillan. Hornstein, H. A. (2015). The integration of project management and organizational change management is now a necessity.International Journal of Project Management,33(2), 291-298. Jun, W., Rowley, C. (2014). Change and continuity in management systems and corporate performance: Human resource management, corporate culture, risk management and corporate strategy in South Korea.Business History,56(3), 485-508. Lewis, S., Passmore, J., Cantore, S. (2016).Appreciative inquiry for change management: Using AI to facilitate organizational development. Kogan Page Publishers. Maltais, S., Costello, W. T., Billings, F. T., Bick, J. S., Byrne, J. G., Ahmad, R. M., Wagner, C. E. (2013). Episodic monoplane transesophageal echocardiography impacts postoperative management of the cardiac surgery patient.Journal of cardiothoracic and vascular anesthesia,27(4), 665-669. Matos Marques Simoes, P., Esposito, M. (2014). Improving change management: How communication nature influences resistance to change.Journal of Management Development,33(4), 324-341. Sarayreh, B. H., Khudair, H., Barakat, E. A. (2013). Comparative study: the Kurt Lewin of change management.International Journal of Computer and Information Technology,2(4), 626-629. Waddell, D., Creed, A., Cummings, T. G., Worley, C. (2013).Organisational change: Development and transformation. Cengage Learning. Worley, C. G., Mohrman, S. A. (2014). Is change management obsolete?.Organizational Dynamics,43(3), 214-224.