Free «Intellectual Property Law» Essay Sample
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Legal data bases of any country provide necessary requirements to set up an enterprise. According to the law an entrepreneur has a right to establish company with a certain form of property. There are several available business structures when one starts and registers the business. Different types of companies meet a variety of administrative forms to be filled and requirements to be done before the company starts operating as the independent business unit.
The Legislation Underpinning of a Company
The process of setting up a company requires planning, making essential financial decisions and completing a number of administrative activities. There are few steps one must follow to start own business. First of all, one should write a business plan. Hence, one deals with business assistance and training. After that, one gets business location and starts financing own company. A person dealing with business creation must determine the legal structure of the business and register the name of a company. When the business is registered the owner gets a tax identification number, the register for state and local taxes and obtains the business license and different permits. Virtually, after these steps the company begins to functionate.
The legislation underpinning of a company takes the specific place in the setting up business. Nonetheless, underpinning of a company contains a set of ideas, motives, or devices that justify or form the basis for a company.
The employment law or employment legislation is a system of legal acts that regulate working relations. Employment legislation governs employees and employers relations in the workplace. Virtually, during long term the authorities have been creating different acts that provide suitable working conditions and relations between people.
The Employment relations Act of 1993 and 2003 supplies a list of contractual rights for employees. The first point in this list is entitlement to the national minimum wage and the fact of having the right to pay statement. The other point in the Employment relations act is written out working conditions and terms. There is one more significant event in the act that protects rights of working people. This spot provides protection for workers against unfair deliverance from the work.
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The other remarkable document enables to control the working relations is the Sex Discriminative act of 1975. The main duty of the act is to protect employees from discrimination considering gender ground. This act saves workers from unfair career development and offers training opportunities in promoting employees, selecting workers and general job advertisements. There are some exceptions included in this act. For example, it is impossible to hire man\ woman to act the main female\ male role in the film or performance.
The Equal Pay Act of 1970 confirms that the male and female workers should receive the same payment for the same type of work being done or rank they obtained.
The Race Relation Act appeared in year 1976. This act refers to the Sexual Discriminative Act and makes the discriminations on the race ground illegal. There are also other acts that protect workers’ rights. Among them is the Disability Discrimination Act of 1995. The act applies to the companies that hire more than 20 employees. Such organizations required to accommodate some needs of disable people and establish their right for higher education, access in the transport and other important areas.
The employers and employees are performing their job according to the Working Time Directive (1999). This document regulates the issues of working time and sets the duration of the working day and holidays.
The Data Protection Act of 1998
The Data Protection Act (1998) defines rules of the processing data bases. This is the great part of legislation, which governs the protecting of personal data. However, this act does not mention the privacy, distinct from European Directive that proclaims fundamental protection of people’s rights, freedoms and privacy to process the personal data. This act also provides companies and organizations to possess personal data.
Intellectual Property Rights
Intellectual property law controls the area that deals with the creation of intellectual property patents, copyrights, trade secrets law and trademarks. It obtains all rights related to intellectual property. This legislation is bounded with several other areas of law such as patent, copyright, trademark, litigation and design law. The intellectual property might be personal and industrial. Setting up a company one should be regulated by industrial intellectual property law. The intellectual property might be divided beneficially into two common areas. The first one characterizes the protection of distinguish science in particular trademarks and geographical indications. Such approach stimulates a fair competition and protects customers. They are able to make a choice between different goods and services, which are produced by the companies.
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Copyright law protects intellectual property rights of authors, musicians and artists. The main duty of this law is to encourage and reward creative works. If the company creates the original works, copyright protection might ensure success for it. Copyright is the type of intellectual property. It can be sold or licensed like the others. This can be the actual source of income for an owner of a company.
The industrial design right is also a type of intellectual property. It protects visual design of goods. Industrial design includes creation the shape, configuration or composition of color or shape.
The other type of intellectual property guaranteed by the government is a patent. Patents protect the inventor against mass producing, selling or exporting the patented patterns by other companies. Each patent has its own limited termination. However, a patent defends inventor’s rights and is favorable to the business development.
The trademarks of enterprises are the sign, word, phrase, image, logo, symbol, or design. They signify the product, which belongs to some particular business organization, individual or another legal entity. Trademark enables its owner to prevent unauthorized use of the tools, products or services related to the definite trademark.
Setting up the company, one must adjust all rules and laws, which control legal and advanced business creation. The governments did a lot to improve working relations and business organization. A great number of adopted legal documents and acts concerning this matter prove it. It is evident that the appearance of such acts was stimulated by different conflicts and doubtful situations in the working place and business organizations. Moreover, businessmen got all needed legitimate basis to start beneficial business. In the other hand, workers all over the country have their own rights to work under equally good conditions. The employment legislation and intellectual property rights help people to build serious and advanced business relations. These acts and rights provide the development of country standards’ business that makes all citizens equal in their civil rights.