UNIT NAME: LAW OF BUSINESS MANAGERS
TITLE OF COURSEWORK: Main Assessment 1 Referral
UNIT CODE: LAW011-1
STUDENT NUMBER: 1720829
STUDENT NAME: Reeya Maharjan
Mickey runs a company called “Eccentric Entity”. He created the company five years ago following the success of his weird and wacky products which he now exports to various buyers throughout Europe. Since then he has recruited over 50 employees who work for Eccentric Entity, all performing various roles.
Last month Mickey designed a brand-new product, a Tea/Coffee Making Robot, which can bring you a hot drink, made just the way you like it, to anywhere in your home, without spilling a drop. Mickey is very excited about this invention. He has yet to hear of anyone else who has designed such a product and thinks this can help his business expand into the US.
For the past two years Eccentric Entity has been working closely with a materials manufacturer “Substantial-Supplies”, for the provision of a variety of materials for Eccentric Entity. The contract between the two companies is particularly detailed. Over the last few months the relationship between the two parties has started to deteriorate. This has been due to faults on both sides, including late delivery of items, late payment and defective materials, which has all resulted in delays in production and a loss of profit for Eccentric Entity. Mickey would like to bring an action against Substantial-Supplies for these losses, but is deterred from doing so owing to the cost and expense of litigation.
In relation to the above scenario, consider and discuss the following:
Discuss the European Single Market and discuss its benefits of being member of an Open Market such as the European Union.
European single market refers to EU, it is one territory without its any internal borders or other regulatory barrier to the freedom of movement and its goods, person services and its capital CITATION Mul17 l 2057 (Phil, 2017). According to the study of” European Parliament’s Research Services place the “European non cost “or the possible benefit from approaching the Single Market, to 1.6 trillion euro.1” CITATION Cha17 l 2057 (Chapman, 2017).Such potential benefit does not exist in an economy which had banished most of the existing barriers to cross its border integration CITATION Mul17 l 2057 (Phil, 2017). Being the part of single market European Union automatically makes the country part of market.
This market has a single and external boarder for tax duty and ritual and goods, services which can be deal with its members of country with single market and relative freedom. In many areas CITATION Eri16 l 2057 (Erixon & Georgieva, 2016).It banish tax duty and reduce it cost and its administrative burden by reducing its cost and administrative burden by applying on set of EU rules and standard apply for its good and services, with an approach design to both harmonize standards at high level and its facilitate trade CITATION Cad17 l 2057 (Cadman, 2017) . EU single market is developed than a free trade area because it ensures that all the countries charge same import duties.
Mickey runs a company called “Eccentric Entity”. He had created his company for five year ago due to the success of his weird and wacky product which he exports it throughout the Europe “. He was expanding his business in USA
What is wrong with the single market?
Europe’s Single market was created with the purpose to improve the European economic performance by authorizing allocation of resources labour, capital and its investment CITATION Eri16 l 2057 (Erixon & Georgieva, 2016) . Its application has been charged the process of abolishing trades and its non-trade obstacle between the EU state members CITATION Tei06 l 2057 (Teixeria & J, 2006) . It has certainly bought economic and political benefits to its citizen, government and its business organization.
EU is the combination of different cultures. Europe is a market which is quite diverse culturally, linguistically and extensive section between policy and its government of country CITATION Pal07 l 2057 (Stanley, 2007) . Voter right and expectation among the member of its state is reflected in the policy approach taken by the government CITATION Pal07 l 2057 (Stanley, 2007) . As some member do not support the single market, state policy is the protective fact for their business CITATION Bal06 l 2057 (Baldwain RE, 2006) . It has the both medium and long-term effect work such as improving investment, increasing productivity, such as commercial activities through various channel, and improving investment attractivities. These policies are design for the reduction of trade cost and opening the new market CITATION Cas l 2057 (Castillo & LICOF, n.d.).
Benefits of Eu single market
European Union have created growth, and development over the last fifty years released its nation from all the types of restriction CITATION Cha17 l 2057 (Chapman, 2017) . Progress report has been especially marked in EU’s single market a 10 years ago. National border between EU countries has also been practically disassemble. Benefit of European Standardization its European testing exists for construction product, its component and system which is applied in various countries of EU CITATION Cas l 2057 (Castillo ; LICOF, n.d.) .European notified its bodies such as test and classification of report in AFITI-LICOF it results in harmonized product standard exist which is provide with CE Mark , enabling its marketing product throughout the EU, that means it increase the trade among the countries for Manufacture architecture and for its European economy CITATION Cad17 l 2057 (Cadman, 2017).
There are several benefits of trading European single market, as it is the one of the largest international single market in the world. As following are mentioned its benefit
Deposition of trade barriers
It reduces the business costs
Greater business organizational CITATION Cad17 l 2057 (Cadman, 2017).
The EU has make it even easier for the country to trade with the other; like
Reducing paperwork while conducting the business
Coordinate standard i.e. technique and safety measure standard.
Allowing member of the state citizenship to move freely in other countries CITATION EUi16 l 2057 (Anon., 2016).Mickey is a member of a European Union so due to the above-mentioned benefit of trading in European market. He was exporting its product throughout the Europe.
European standardization had leads its cooperation among the different countries for rising the agreement on document for how to act differently in a various field CITATION Aus01 l 2057 (Austin ; HV, 2001) . European standardization is also being distinguish as tool to take full economic benefit of its market.
Benefits of European standardization
Its benefits in an industry are extensive, as it helps in reduction of the cost, and its technique requirement and increases productivity and its innovation efficiency its testing CITATION Aus01 l 2057 (Austin ; HV, 2001) . it effects positive effects on trade, and the creation of the single market for its production and innovation. Its testing occur for construct product, its component and system are applied in all the countries .I t advice AFITI- LICOF delivering test and categorize report according to its standard , harmonization of testing the market, its product scan also be provided with the CE mark CITATION Cas l 2057 (Castillo ; LICOF, n.d.). It helps to increases trade among the countries which is important for manufacture, architecture, engineer and for European economy CITATION EUi16 l 2057 (Anon., 2016) . Other main important fact is that it is the same fact for all the countries including standard rules and regulation for classifying its product. By harmonized classification each person of different country has the same interpretation about the requirement of product CITATION EUi16 l 2057 (Anon., 2016) . European citizen can understand national safety level requirement for different countries. Once the fact of harmonized testing a product in one country then the CE mark obtained is valid all the Europe .as it tests in country are not necessary which save the cost of manufacturer CITATION Cas l 2057 (Castillo ; LICOF, n.d.).
Disadvantage of EU Single market/ European Standardization
Disadvantage of a common standardization when a big change is met, disadvantage arises depending upon the situation CITATION Aus01 l 2057 (Austin ; HV, 2001) . disadvantage of the common standardization is it has to update all the necessity requirement according to them, for the effort of government on developing the new rules and regulation such as the construction code techniques, or for the improvement of the existing one including the new requirement for the maintain its standard CITATION Cas l 2057 (Castillo ; LICOF, n.d.) .
2. What is Patent, and its advantages and disadvantages of patenting a product?
Patent refers to the exclusive right granted to an inventor that prevents their invention, to exclude other business from taking advantage from their creation CITATION Mer04 l 2057 (Merill ; Richard, 2004). Patenting a product or technical information about invention to public must be reveal in the form of patent application CITATION Dur99 l 2057 (Durham, 1999). Patent has two main purpose they support innovation by appreciating and respecting their innovation, as it helps public to take advantage of innovation.
In the case mentioned above “Mickey designed a brand-new product, a tea or a coffee made by a robot which can bring you the hot drink just the customer’s like it to anywhere at the customer’s home, without any spilling drop. Mikey was excited for his innovation “. Mickey needs to do patent for his innovation as the design of innovation was not invented by any other person. Its essential feature to patent a product are listed below:
According to Phillippe Baechtold and Tomoko Miyamoto essential feature of patent system are:
Qualified invention reward should only have aimed for patent system CITATION Mur12 l 2057 (Murphy, 2012).
Terms of protection of invention must be limited in time CITATION Mer04 l 2057 (Merill ; Richard, 2004).
The inventor should sufficiently have disclosed CITATION Dra10 l 2057 (Drahos, 2010).
The exclusive right of patent should not have extended to certain act performed by the third parties CITATION Jaf93 l 2057 (Jaffe ; Trajtenvberg, 1993).
Patentable innovation is
According to 1(1) Patent Act (1977) it can only be granted for the invention CITATION Goe15 l 2057 (Goel, 2015)In the invention terms
If innovation is new
Capability of fulfilment of industrial application. CITATION DeS16 l 2057 (DeSmit , 2016)According to PA 1977 (1)2 it provides the following matters for the invention CITATION Goe15 l 2057 (Goel, 2015).
Scientifics discoveries, theories and this mathematical method.
The presentation information or
Program for computer system
Making an application for patent
For application of patent to be made certain fee must be paid to the UK, Patent Office. Its application must contain the description of the invention and claim for the patent CITATION Dra10 l 2057 (Drahos, 2010).
It must be true and a first innovation.
A person to whom Rights or the property is legally transferred
Property in patents
Owner of patent has a multiple benefit. in the case even if someone indecently reached the same invention a patent can license to the other person CITATION Dur99 l 2057 (Durham, 1999).
Infringement of patent
When the product had been patent infringement is applied by.
According to Section 60(1) of infringement of patent is when:
Patent infringement law varies between countries, but a patent is infringed in the UK under Section 60(1) of the Patents Act when:
Invention of its product he designs.
dispose of product
Offer to dispose of product.
Using or importing the product
Keeping the product for disposal or for other.
If the invention is a process which has been patent, infringement consist of the proprietor knowledge that is unfragmented. Product used in an experiment is not constitute of infringement CITATION Mac152 l 2057 (Macintyre, 2015).
Advantage of patenting the product
There are several advantages for inventors, because patent gives the right to stop other from copying the manufacturing product without the permission of the inventors.
A patented invention cannot be sold, reproduce and manufacture its product without the permission of the inventors of the product CITATION DeS16 l 2057 (DeSmit , 2016).
Patented gives right to inventor to stop from copying, manufacturing and reproducing its product CITATION Ben18 l 2057 (Benge, 2018).
If a product is patented the inventor is known as intellectual property, It is rights of inventor to control or use the product CITATION Cho99 l 2057 (Choksi, 1999).
The patent product by an inventor can further discover his innovation and increase value over time CITATION Dra10 l 2057 (Drahos, 2010).
It can be proving as valuable asset for looking an investors, or for the business partner or for partnership, it can increase the company value by discussing it with the potential purchaser CITATION Ben18 l 2057 (Benge, 2018).
It can be sold, licence for its royalties to the third parties for allowing a company to expand into the market. They can also charge because they control in the market CITATION DeS16 l 2057 (DeSmit , 2016).
More funds can be invented in a patented product because no one can copy without the concern of inventor.
Disadvantage of Patenting a product are listed below:
According to the research patenting the process or applying and receiving patent may consume time or year with several steps of review and approval CITATION Mac152 l 2057 (Macintyre, 2015). .It has exclusive right for the certain country only where patent have been filled up, therefore you must file an application to the every are you want to have exclusive rights CITATION DeS16 l 2057 (DeSmit , 2016).
The inventor must disclose all the information of inventing g a product including its need, background and features in their application of patentable information. Anyone can view even the competitors CITATION Cho99 l 2057 (Choksi, 1999)Patenting a product is an expensive process including applying a patent geographic region, maintaining fee, refuse fee and more CITATION Ben18 l 2057 (Benge, 2018).
Agreement against patent is the process which is not only complex but also require s public to discourage it CITATION Dra10 l 2057 (Drahos, 2010) .
The invention must put it into commercial use with the limited time framework in some countries.
Once a patent is expired anyone can use it with in (14-20) years anyone can use innovation, or you can reissue or reuse the patent CITATION Mer04 l 2057 (Merill ; Richard, 2004).
As according to the case mentioned above Mickey should patent his product according to the country, as she is moving to USA for expanding her business, she should patent her product, According to rules regulation of USA CITATION Eri16 l 2057 (Erixon ; Georgieva, 2016).
Discuss the disadvantages of litigation and whether there are any other alternative ways of resolving a business dispute?
Litigation refers to the ultimate legal method for the setting the dispatch between and among the person, organization or in a state (called suit or law suit) which is bought before the contract of the law suitable empowerment (having the jurisdiction) to hear the case by the party’s involvement (the litigation for the resolvent and judgement CITATION Mac152 l 2057 (Macintyre, 2015).
Litigation have several disadvantages which have been listed below:
It is time consuming process. its process is very complicated to go through with many steps of trial it must spend at least 3-4 years for the decision of court CITATION Mac152 l 2057 (Macintyre, 2015).
It is very stressful experience; exclusive worry can harm the health CITATION Goe12 l 2057 (Goel, 2012).
The court case is heard throughout the public, Publicity of case can be harmful as the other side can make allegation about the business CITATION Law18 l 2057 (teacher, 2018),
According to the case mentioned above” Mikey would like to bring an action against the Sustantial suppliers for the losses but is deterred from doing and owning to the cost and expenses of litigation”. Litigation have several disadvantages which is mentioned above, there are other alternative way to solve the disputes for the business which is mentioned below:
Business dispute are often also settle by the arbitration. If a dispute is settle by arbitration, then it is resolved by equitable judge an arbitrator, who takes role in court decision CITATION Phi14 l 2057 (Phihlblad & Christian, 2014) . Once the both parties have agreed for arbitration, by the mean of submission agreement between the parties CITATION Bri14 l 2057 (Brill, 2014) .It is one of the various method that together involved as alternative disputes resolution CITATION Bri141 l 2057 (Bril, 2014).
Advantage of Arbitration are
The main advantage of arbitration is that it process is conducted I a privacy matter, court proceeding is done publicly CITATION Eis07 l 2057 (Eisenberg & Miller GP, 2007) .For example if a dispute is arises between the supplier and the buyer, supplier and the buyer are suing for the price. As the buyer refuse to pay the price due to unsatisfactory product. Neither of the parties want to go publicly in a court which might arises the disputes between the parties, As the buyer does not want to publicly claim that supplier product is not satisfactory. And supplier wouldn’t want to publicly claim that buyer does not pay his debt on time. Arbitration avoids disputing publicly. CITATION Mac152 l 2057 (Macintyre, 2015).
Arbitration is the cheap process than going to the court. It can demand money for the skilful lawyer for the case arguing in front of the arbitrator, even if it charge the same amount for the going court as the disputes is settled quickly with the matter of privacy CITATION Lew03 l 2057 (Lew JDM, 2003) .
It takes long time to solve the case in court where as arbitration can quickly arrange the case CITATION Mac152 l 2057 (Macintyre, 2015) . According to Arbitration act 1996 it has considered to reduce the delay which arises while in the case CITATION Eis07 l 2057 (Eisenberg ; Miller GP, 2007) .
Arbitration act obtained a fair resolution of disputes without unnecessary delay or expenses. Act 1996 it also requires the arbitrator to deal fairly with the parties and case
Mediation is the dynamic structure, where the third party guide the disputes arises between two parties by resolving their conflict through communication and other techniques CITATION Bri14 l 2057 (Brill, 2014) . there are no certain rule and regulation in this term that how it should be done CITATION Mac152 l 2057 (Macintyre, 2015) . Where the mediator tries to help the parties to solve the disputes in their presence. Then the mediator might get the parties into agreement and the essential matter of dispute CITATION Hay17 l 2057 (AF, 2017) . As the parties manage to reach the agreement and settle the disputes between two parties, as not settle disputes are settle afterwards CITATION Hay17 l 2057 (AF, 2017).
Mediation is suitable for the resolving of cases such as disputes in business such as partnership, family industrial company and construction company
It is the action taken by the conciliator to settle the dispute by bring the parties together by giving suggestion and advice which they might agree to. It is like mediation as conciliator takes more active step by settling the disputes then the mediator. In the employment disputes conciliation has been settling the case CITATION Goe15 l 2057 (Goel, 2015).
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