Sridhar Mba

7/27/2019 Sridhar Mba

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V.SRIDHAR

I-MBA(BANKING

&INSURANCE)

BUSSINESSENVIRONMENT

ASSIGNMENT


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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


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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.


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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


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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:-


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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


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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


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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:-


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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.


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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


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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


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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


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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


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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


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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.


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Consumer Protection Act 1987 whichdeal WITH BOTH PRICING AND

PRODUCT SAFETY


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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;


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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


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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:-


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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


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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


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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,


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or glasses

can reduce

attenuation Acoustical

leaks may

arise from

employee

modification Other PPE

may make it

hard to wear


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Documents

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