Mc Libel - a British Documentary Film by Franny Armstrong and Ken Loach - Movie Review Example

? MC LIBEL FILM REPORT By Mc Libel film Report Introduction From the view of the motion pictures and listening to the audio content of “Mc Libel” which is a movie with a view to express, the famous and longest case exhibited in the English History between Ms. Helen Steel, Dave Morris, and The McDonald’s. Issues that one can elicit are that of the harms that people involve themselves without having the requisite knowledge or perceiving the dangers, they can likely to encounter after consumption of certain foods. There are allegations that the meals could cause cancer and heart diseases. Actions and inactions by the McDonalds will render unsustainability of the coming generation. This can be in the view of the meeting of shortly needs. Keenly one can notice the topic on trade unions and wages of the workers. In the film, there is the aspect of cruelty towards the animals and the involvement into deforestation by the accused company. Vividly, the use of the term Libel as part of the name of the movie it simply to mean defamation. Defamation by libel is through publish, the publish can either be via articles or visual and/or oral in media (Corporate Governance, 2013). In that little shedding, it is where the completely libelous emanates. Legislations of the cases To recap on what trademark is, it is any a sign of any design that can be capable of representation graphically and show the distinction of one’s goods and services from hose of the other (Trade Marks Act 1994). The infringing that the company will face through the recognition of its trademark is if the hypothetical persons in the society who have perceived the diction dispensed from the leaflets and other effective sources of information is that they will shun from the products tagged with the previously mentioned trademark. In the definition given it is clear that when one encounters a trademark, there are high chances there will be reflections of the company, organization or the corporation. When the trademark of a company presented by a product and mentioned to be faulty, it does reflect the reputation of the company (Bettig, 2006 p. 34). Questions raised are that of; was it aware and ignored? Was the company not aware? Does the company do this kind of defects often? In light of the questions then the image of the company will have taint. As portrayed in “Mc Lean” the leaflets accompanied enormous statements that the McDonald has found them to be malicious therefore terming them to be of libelous nature which may hamper their normal business running (World Trade Organization, 2013). The statements had not affirmation of any legal sort hence they were libelous in nature thus affecting the image of the company. The Judiciary gives remedies after asking for the leave of the court. The applicant must prove that delaying and/or refusing of the judiciary to grant him the remedy will make him suffer irreparable damages. The remedy can be in form of writs or receive indemnity on the pecuniary damages. The Trademark Act 1994 of Britain states as follows: in the instances where a person suffers any infringement, he will have relief by way of injections, accounts, and damages or any other remedy available for him thus in relation to infringement of any intellectual property The allegations made against the aforementioned company are- The meals were a health risk to the long-term users. The advertisements made were misrepresenting people whereby the information under display when the advertisements made is that they were nutritious. The children were under exploitation by the advertisements made these was evident in the occasions that clowns were used to impress children and to showcase that McDonald’s is the place they ought to be buying their favorite foods (Joseph, Fan, Stuart, Gillan & Xin 2010, p. 34). They were cruel towards animals this is about the animal rights therefore; the critics were of the opinion that the company did not meet animal rights regulations (Lyn-Mar 2011). They were not tolerating unions these made the workers to have no organization that could intervene to protect the rights of the worker in the instances where the company did strain its workers. The workers were dispensing their day-to-day duties in an environment that was not conducive to them. Rainfall destruction was in relation to areas that avail rainfall. Deforestation, the idea was about the soya, which they use in producing their fast foods were from the forests. According to the lack of care to the company as to what they produce then the critics did state the company was implicating starvation in the developing world. The link between intellectual property and the film Intellectual property is the law about innovation and creativity (Bleakley, Baden-Powell &Eneberi, 2010). Intellectual property has two views and that is the industrial products that are under trademarks and those that fall on innovations and creativity such as music, films. These are incorporeal property, they emanate from someone’s mental ability to come up with an idea and put it into physical object. The physical object can take different forms, for instance software’s, music, electronic gadgets. Herein the film is an intellectual property as it is someone’s idea that such a film came into being. Ostensibly, the authority ought to protect the intellectual property from an authorized sale or utilization without the authority of the producer; such acts lead to infringement of the owners copyrights. Despite the fact that the film is one’s creativeness therefore, it is an intellectual property there are occasions that one’s creativity will negatively hamper or infringe another’s intellectual property rights. Just to recap on the film “Mc Libel” it is clear that the images and vocals played tend to portray a certain image of the McDonald’s company. The film explains on the cons of the company hence the reasonable persons in the society will most likely shun from their products (The National Archives, 2004). In referring to the creativity of coming up with a film, it is evident that the costumes and any other unique tool in the movie is made with the hope of making the viewer to understand what is going on in the whole film. However, even the clothes should meet the mood in display, it will be unrealistic for an Army to put on ragged cloths like that of a beggar therefore there ought to be clothes designed to represent certain persons. With view on innovation and creativity, it is clear that anything that is part of the film hence to enhance the passing of information or to make the content of the film more appealing and understandable to the viewer it is necessary to be under protection. Regulation cases The world will always take a different turn every day and the laws will have to keep with the speed at which the changes are taking place. When the law does remain where it was years back then the whole society will have to strain to achieve what it anticipates. the ability of the law to be flexible makes it meet the current issues that are emanating the society hence importance of institutions when it comes to development is seen. Intellectual property cases are taking a different turn, as the laws are trying to keep up with changes emanating in the society every day. In the case of McDonald’s v McCurry1, the ruling was in favor of the McCurry. The decision was that the “Mc” prefix was not to deter other emerging companies from using it as long as they deter themselves from producing the same products as those under production by the McDonald. Initially there was no deviation from what the law states but now there are different lines the courts tend to loot at before adjudication. In slide week 10 Case 1: Bella swan v B.B. Dakota, the issue of intellectual property does emanate from the products under use to meet the story line of the film. In this, case the jacket worn by Bella while performing in the famous film “Twilight” had been under production by a company for purpose of selling it. The decision was in favor of the plaintiff as it was out of their creativity and innovation. It is clear that the legal field is viewing everything in different views as to what falls in the bracket of intellectual property. In protecting, the intellectual property provides a better way for companies to meet its customer’s quality and quantitative production without going on fault over some clowns products. In also protecting, the intellectual property makes one earn from the creativity. The explanation is in the case of Lego v Mega Brands, the defendant’s pleadings on using a red brick, as a logo for their products did not pass since there is a company in Canada that was using the same design as its logo. Defiantly the companies do try to stall other companies from taking advantage of their good reputation while selling their products. Referring to the few cases, it is evident that the judiciary considers many factors before giving the verdict. This shows the part of flexibility in the judicial institution hence to enable protection of patent rights. Corporate governance The term simply defines the limits that a corporation needs to attain so that they can meet the confidence in the clients. Corporate will bring together minds to decide on the matters that attach to law and those that are not of legal aspect (Smith, 2003). Predominantly, corporate were after profits. However, they have more tasks to attain since the failing of companies make shareholders and other affiliates tend to wary on their monies. A corporation is under control and given directions under these terms. CSR and Marketing Better known as corporate social responsibility and marketing is a form of marketing of the products by the corporations. The corporate involve themselves with non-profit organizations with the view of promoting their products to the society. The corporate are taking this perfect move though there is a lot of skepticism among some consumers hence high level of raising eyebrows (Elhanan, 2002 p. 3). The consumers tend to question some of the moves made buy the corporation, these will mean that though the corporate social responsibility and marketing is the best way to advertise and sale ones products there are chances that attaining the goals will be difficult. CSR is extra hand obligation towards the companies. The companies have to show positive attributes towards development of the society (Ahuja, 2010). Predominantly, it is all about improving the society, by involving programs that are not generally profitable to the corporation but the society. As much as the companies do realize profits after the business year then it is morally correct for them to develop the society that contributes to its development. In light of “Mc Libel” McDonald’s have a duty to showing some positive act towards the society. These can be by advocating for environmental conservation. Such actions will spur the society to dig more into the positive acts. With attaining these act then the corporation will be at a better position to market their products. Insofar as companies find this option to be, effective they should not use it to wrongfully exploit the unsuspecting consumers in the society hence avoiding bad reputation. Conclusion It is evident that every company, organization, corporation or any other sort of group of person having any commercial idea tends to be protective of their reputation. Good or bad reputation gives the image of the corporate to the society, profits realization will be depending with how persons tend to perceive the corporation. Intellectual property is the law that protects the innovations and creativity of persons who have registered them. Actually, no single infringement of rights will go without a surcharge thus if one seeks the courts remedies. As much as the intellectual rights are under protection, thus in relation to trade marks too, it is also important to notice that the actions by the companies are not going to cause disaster to person’s life. The flexibility of the law towards any matter makes the judicial institutions to be more reliant therefore; they have attained more trust from the society. Works Cited Ahuja, K 2010, Law Relating To Intellectual Property Rights, 1st ed, Butterworths, Wadhwa Nagpur. Bleakley A, Baden-Powell E & Eneberi J 2010, Intellectual Property and Media Law Companion, 4th ed, Bloomsbury. Bettig, V 2006, Copyright; Economic aspects; Social aspects; United States, Westview Press. Elhanan, H 2002, Innovation, Imitation, and Intellectual Property Rights. [Online] Available From: http://www.nber.org/papers/w4081.pdf [Accessed 12th May 2013] The Trademark Act 1994, Article 14 (2) Intellectual Property Office. (2013) What is IP. [Online] Avalible From: http://www.ipo.gov.uk/ [Accessed 12th May 2013] The National Archives, 2004, The Goods Infringing Intellectual Property Rights (Customs) Regulations. [Online] Available From: http://www.legislation.gov.uk/uksi/2004/1473/contents/made[Accessed 12th May 2013] The National Archives, 2010, The Goods Infringing Intellectual Property Rights (Customs) (Amendment) (No. 2) Regulations. [Online] Available From: http://www.legislation.gov.uk/uksi/2010/992/contents/made [Accessed 12th May 2013] Joseph P Fan, Stuart L. Gillan, & Xin Yu.2010, Innovation or Imitation? The Role of Intellectual Property Rights Protections. [Online] Available From: http://ihome.cuhk.edu.hk/~b109671/doc/research_woking_paper/11.pdf [Accessed 12th May 2013] Lyn-Mar 2011, Autumn / winter 2011, viewed 12 December 2011, . Smith, R 2003, Great answers to tough marketing questions, Kogan Page Publishers, India. World Trade Organization, 2013, What Are Intellectual Property Rights? [Online] Available From: http://www.wto.org/english/tratop_e/trips_e/intel1_e.htm [Accessed 12thMay 2013] Read More