Download - Sridhar Mba
-
7/27/2019 Sridhar Mba
1/28
V.SRIDHAR
I-MBA(BANKING
&INSURANCE)
BUSSINESSENVIRONMENT
ASSIGNMENT
-
7/27/2019 Sridhar Mba
2/28
MEANING OF LAW ON
PATENTS:
A patent is a set ofexclusive rights granted by
a sovereign state to an inventor or their
assignee for a limited period of time, inexchange for the public disclosure of the
invention. An invention is a solution to a
specific technological problem, and may be a
product or a process. Patents are a form of
intellectual property
http://en.wikipedia.org/wiki/Exclusive_righthttp://en.wikipedia.org/wiki/Sovereign_statehttp://en.wikipedia.org/wiki/Inventionhttp://en.wikipedia.org/wiki/Inventionhttp://en.wikipedia.org/wiki/Sovereign_statehttp://en.wikipedia.org/wiki/Exclusive_right -
7/27/2019 Sridhar Mba
3/28
ADVANTAGES OF LAW
ON PATENTS:-
1.A patent gives the inventor the right to stop
others from manufacturing, copying, sellingor importing the patented goods without
permission of the patent holder.
2.The patent holder has exclusive commercial
rights to use the invention.
3.The patent holder can utilize the invention
for his/her own purpose.
4.The patent holder can license the patent to
others for us. Licensing provides revenue to
business by collecting royalties from the
users.
5.The patent holder can sell the patent anyprice they believe to be suitable.
-
7/27/2019 Sridhar Mba
4/28
6.The patent provides protection for a
predetermined period (20 years) which
keeps your competitors at bay.7.Patents are partially responsible for
advancements in medical science,
biotechnology, drug chemistry, computers
etc.
8.Patents reward inventors with the
aforementioned advantages and hence,creates bigger and better discoveries.
With these benefits come certain drawbacks.
Patents provide plenty of merit but are provided
alongside certain conditions. These conditions
can sometimes prove to be disadvantages.
DISADVANTAGES OF LAW
ON PATENTS:-
A patent is an exclusive right provided to a
patent holder in exchange for the public
disclosure of their invention. A full description
-
7/27/2019 Sridhar Mba
5/28
with claims is published andcan generally be
viewed by anyone with the internet including
your competitors. After the exclusive patent period (20 years)
has passed, other individuals or companies can
freely use the invention without any permission
from, or paying royalties to the inventor.
Applying for patent can be a very lengthy,
time consuming process. Cost of patent filing may be surpass the actual
financial gains. If a patent is to be filed further
in different countries, then again the cost
increases. After the patent grant, annual fees
should be paid to the respective patent offices,otherwise the patent period may lapse.
You must be prepared to defend your patent if
need be. Taking action against infringement is
costly. -
EFFECTS OF LAW ON PATENTS:-
-
7/27/2019 Sridhar Mba
6/28
A patent does not give a right to make oruse or sell an invention.Rather, a patent
provides the right to exclude others frommaking, using, selling, offering for sale, or
importing the patented payment of
maintenance fees
A patent is a limited property right thegovernment gives inventors in exchange for
their agreement to share details of theirinventions with the public. Like any other property right, it may be
sold, licensed, mortgaged, invention for the
term of the patent, which is usually 20 years
from the filing date subject to the assigned
or transferred, given away, or simply
abandoned.
A patent, being an exclusionary right,does not necessarily give the patent owner
the right to exploit the patent.
For example, many inventions are
improvements of prior inventions that may still
be covered by someone else's patent. If an
http://en.wikipedia.org/wiki/Righthttp://en.wikipedia.org/wiki/Maintenance_fee_%28patent%29http://en.wikipedia.org/wiki/Mortgage_lawhttp://en.wikipedia.org/wiki/Inventionhttp://en.wikipedia.org/wiki/Term_of_patenthttp://en.wikipedia.org/wiki/Term_of_patenthttp://en.wikipedia.org/wiki/Inventionhttp://en.wikipedia.org/wiki/Mortgage_lawhttp://en.wikipedia.org/wiki/Maintenance_fee_%28patent%29http://en.wikipedia.org/wiki/Right -
7/27/2019 Sridhar Mba
7/28
inventor obtains a patent on improvements to an
existing invention which is still under patent,
they can only legally use the improvedinvention if the patent holder of the original
invention gives permission, which they may
refuse.
Some countries have "working provisions" that
require the invention be exploited in thejurisdiction it covers. Consequences of notworking an invention vary from one country to
another, ranging from revocation of the patent
rights to the awarding of a compulsory license
awarded by the courts to a party wishing to
exploit a patented invention. The patentee hasthe opportunity to challenge the revocation or
license, but is usually required to provide
evidence that the reasonable requirements of the
public have been met by the working of
invention.
The best source of materials for the practitioner
is the Manual of Patent Examining and
Procedure (MPEP). It is organized with a table
-
7/27/2019 Sridhar Mba
8/28
of contents with 27 chapters and seven
appendixes. It has a subject matter index and it
is searchable online. It is also revised andupdated on a regular basis by the USPTO. Many
of the key decisions are outlined so that their
applicability to patent law is clear.
For beginners, the treatises under the secondary
sources above are good places to start. Thetreatise, An Anatomy of a Patent Case, isprobably the best place for beginners. After that,
Chisum on Patents is a well respected treatise
and is a great reference source.
CONCLUSION:-
-
7/27/2019 Sridhar Mba
9/28
The best source of materials for the practitioner
is the Manual of Patent Examining and
Procedure (MPEP). It is organized with a tableof contents with 27 chapters and seven
appendixes. It has a subject matter index and it
is searchable online. It is also revised and
updated on a regular basis by the USPTO. Many
of the key decisions are outlined so that their
applicability to patent law is clear.
For beginners, the treatises under the secondary
sources above are good places to start. The
treatise, An Anatomy of a Patent Case, is
probably the best place for beginners. After that,
Chisum on Patents is a well respected treatiseand is a great reference source.
-
7/27/2019 Sridhar Mba
10/28
LAW OF CONSUMER
PROTECTION:-MEANING:
Consumer protection laws are federal and statestatutes governing sales and credit practices
involving consumer goods. Such statutes
prohibit and regulate deceptive or
Unconscionableadvertising and sales practices,
product quality, credit financing and reporting,
debt collection, leases, and other aspects ofconsumer transactions.
The goal of consumer protection laws is to place
consumers, who are average citizens engaging
in business deals such as buying goods or
borrowing money, on an even par withcompanies or citizens who regularly engage in
business. Historically, consumer transactions
purchases of goods or services for personal,
http://legal-dictionary.thefreedictionary.com/Unconscionablehttp://legal-dictionary.thefreedictionary.com/Unconscionable -
7/27/2019 Sridhar Mba
11/28
family, or household usewere presumed fair
because it was assumed that buyers and sellers
bargained from equal positions. Starting in the1960s, legislatures began to respond to
complaints by consumer advocates that
consumers were inherently disadvantaged,
particularly when bargaining with large
corporations and industries.
CONSUMER REMEDIES:-
MANY federal laws merely provide for public
agencies to enforce consumer regulations by
investigating and resolving consumer
complaints. For example, in the case of a falseadvertisement, a common remedy is the FTC-
ordered removal of the offensive advertisements
from the media. In other circumstances, Laws
protecting consumers vary in the remedies they
provide to consumers for violations. Many
consumers may be entitled to money damages,costs, and attorneys' fees; these remedies can be
effective in a case involving a breach of
warranty. Depending on the amount of damages
-
7/27/2019 Sridhar Mba
12/28
alleged, consumers may bring such actions in
small-claims courts, which tend to be speedier
and less expensive than trial courts.
Consumer Product Safety
Commission:-
In 1972, Congress established the Consumer
Product Safety Commission (CPSC). It is thejob of the CPSC to protect consumers from
faulty or dangerous products by enacting
mandatory safety standards for those products.
The CPSC has the authority to ban products
from the marketplace or to recall products(when a product is recalled, it is removed from
the shelves or sales lots, and consumers may be
able to return it to the manufacturer or place of
purchase for repair, replacement, or a refund).
Still, the agency has trouble protecting
consumers from hazardous products of which itis unaware.
http://legal-dictionary.thefreedictionary.com/Consumer+Product+Safety+Commissionhttp://legal-dictionary.thefreedictionary.com/Consumer+Product+Safety+Commissionhttp://legal-dictionary.thefreedictionary.com/Consumer+Product+Safety+Commissionhttp://legal-dictionary.thefreedictionary.com/Consumer+Product+Safety+Commission -
7/27/2019 Sridhar Mba
13/28
In recent years, the CPSC has fallen victim to
Federal Budget cuts. Reductions in the agency's
legal staff have prompted the CPSC to rely moreand more on manufacturers to voluntarily recall
their defective or hazardous products. When
manufacturers do not cooperate, the CPSC must
commence a legal action that may take years to
resolve.
CONSUMER PROTECTION:-
Consumer protection is a group of laws and
organizations designed to ensure the rights ofconsumers as well as fair trade competition and
the free flow of truthful information in the
marketplace. The laws are designed to prevent
businesses that engage in fraud or specified
unfair practices from gaining an advantage over
competitors; they may also provide additional
protection for the weak and those unable to
http://legal-dictionary.thefreedictionary.com/Federal+Budgethttp://legal-dictionary.thefreedictionary.com/Federal+Budget -
7/27/2019 Sridhar Mba
14/28
take care of themselves. Consumer protection
laws are a form of government regulation,
which aim to protect the rights ofconsumers.For example, a government may require
businesses to disclose detailed information
about productsparticularly in areas where
safety or public health is an issue, such as food.
Consumer protection is linked to the idea of
"consumer rights" (that consumers have
various rights as consumers), and to the
formation ofconsumer organizations, which
help consumers make better choices in themarketplace and get help withconsumer
complaints.
http://en.wikipedia.org/wiki/Regulationhttp://en.wikipedia.org/wiki/Consumerhttp://en.wikipedia.org/wiki/Consumer_organizationhttp://en.wikipedia.org/wiki/Consumer_complainthttp://en.wikipedia.org/wiki/Consumer_complainthttp://en.wikipedia.org/wiki/Consumer_complainthttp://en.wikipedia.org/wiki/Consumer_complainthttp://en.wikipedia.org/wiki/Consumer_complainthttp://en.wikipedia.org/wiki/Consumer_organizationhttp://en.wikipedia.org/wiki/Consumerhttp://en.wikipedia.org/wiki/Regulation -
7/27/2019 Sridhar Mba
15/28
CONSUMER PROTECTION LAW:-
IN order to control the market, the
government has introduced a number oflaws giving customers rights about the
quality of the goods they buy. It has created
criminal offences if sellers mis-describe,
charge the wrong price or sell unsafe
products.
The main consumer protection laws in the
UK are:
Sale of Goods Act 1979 (withamendments) which gives customers
their fundamental legal rights which
cannot be excluded or taken away.
Trade Descriptions Act 1968, whichrequires a trader to describe goodsaccurately.
-
7/27/2019 Sridhar Mba
16/28
Consumer Protection Act 1987 whichdeal WITH BOTH PRICING AND
PRODUCT SAFETY
-
7/27/2019 Sridhar Mba
17/28
-
7/27/2019 Sridhar Mba
18/28
-
7/27/2019 Sridhar Mba
19/28
LAW ON ENVIRONMENTAL
PROTECTION:-Environmental Protection
Act 1990:-
An Act to make provision for the improved
control of pollution arising from certain
industrial and other processes;
To re-enact the provisions of the Control of
Pollution Act 1974 relating to waste on land
with modifications as respects the functions of
the regulatory and other authorities concerned
in the collection and disposal of waste and tomake further provision in relation to such
waste;
-
7/27/2019 Sridhar Mba
20/28
To restate the law defining statutory nuisances
and improve the summary procedures for
dealing with them,
To provide for the termination of the existing
controls over offensive trades or businesses
and to provide for the extension of the Clean
Air Acts to prescribed gases; to amend the law
relating to litter and make further provision
imposing or conferring powers to impose duties
to keep public places clear of litter and clean; to
make provision conferring powers in relation to
trolleys abandoned on land in the open air;
To amend the Radioactive Substances Act
1960; to make provision for the control of
genetically modified organisms; to make
provision for the abolition of the Nature
Conservancy Council and for the creation of
councils to replace it and discharge the
-
7/27/2019 Sridhar Mba
21/28
-
7/27/2019 Sridhar Mba
22/28
to make further provision as respects the
prevention of oil pollution from ships; to make
provision for and in connection with the
identification and control of dogs;
to confer powers to control the burning of crop
residues;
to make provision in relation to financial
or other assistance for purposes
connected with the environment; to make
provision as respects superannuation of
employees of the Groundwork Foundationand for remunerating the chairman of the
Inland Waterways Amenity Advisory
Council;
ENVIRONMENTAL HEALTH
&SAFETY:-
-
7/27/2019 Sridhar Mba
23/28
Advantages and
DisadvantagesOf HearingProtection Devices (HPD's)
HPD Advantages Disadvantages
Expandable
Foam Plugs Good in hot,
humid
environments
Can be easilyworn with
other
equipment
Inexpensive
Less visiblethan
earmuffs
Requiresskill and
attention
during
application
People withsmall ear
canals may
havedifficulty
rolling
-
7/27/2019 Sridhar Mba
24/28
typical plugs
small
enough tomake them
fit
Pre-molded,
reusable
plugs
Good in hot,humid
environments
Can be easilyworn with
other
equipment
Many areavailable in
small,
medium and
large
Inexpensive Reusable Washable Convenient
Less visiblethan
earmuffs
Requiresskill and
attention
during
application Some
people may
need a
different
size plug foreach ear
-
7/27/2019 Sridhar Mba
25/28
to carry
In dirty or
dustyenvironments
, you don't
need to
handle or roll
tips
Canal Caps Convenientto wear
around the
neck when
not in use
The pressureof the bands
can be
uncomforta
ble to somepeople
Earmuffs Designed tofit most
people
Tight, bulky,hot and
heavy Heavy
beards,
sideburns,
-
7/27/2019 Sridhar Mba
26/28
or glasses
can reduce
attenuation Acoustical
leaks may
arise from
employee
modification Other PPE
may make it
hard to wear
-
7/27/2019 Sridhar Mba
27/28
-
7/27/2019 Sridhar Mba
28/28