Expansion of the businesses has
been realized today more so with the onset of the technology. There has been
the establishment of the big corporate business institutions, both
internationally and locally. Nevertheless, both the local and worldwide
businesses have to be established following many legalities. Many of these
legal requirements are faced by the managers of the companies daily, be it
domestic or international. In each corporate, each manager is always met with
making decisions about the tangible, personal and intellectual properties of
the company (Fallon, 2014). Before making these decisions, managers have to
understand the right and duties that protect these features. His article in
this manner premises on a situation in which the board of managers in my
workplace seeks to analyze the possibility of expanding the corporation and
analysis is needed.
What managers should do to identify and
protect the tangible property rights of your domestic and international
Managers of the corporation are
charged with the duty of ensuring that the substantial properties in their
premises are protected. The tangible product includes office equipment,
computers and pieces of machinery. The reasons as to why it is vital for the
tangible to be protected is because these properties are at risk of being misused
by the employees or selling them. The managers are however in a position to
counter the loss of these features through applying protection techniques.
By obtaining the property right
that will guard the properties against unauthorized users. This depicts that
the violation of this right would lead to charges for those employees who have
been found to perpetuate the activity. Internationally, some countries are not
of the opinion that foreigner owns their properties unless on long-term leases.
The mentioned indicates that a number of the properties used do not entirely
belong to them and the managers should protect these leased properties from
being misused. Managers can protect these facilities by obtaining the rights
that ensure that leasers do not use these properties without the knowledge of
Identifying intellectual property rights
both locally and internationally
According to (Kariv, 2011),
mental properties are generally intangible, and for this reason, it is not easy
for the company or the business to protect them. Intellectual properties that
are owned by many companies include the inventions, advancements in technology
and individual made designs. These properties are considered to be the primary
assets of the creator, and therefore the manager has to find some ways that
they can use to protect these properties. There are some set laws that the
managers can put to use to ensure that the IPs is protected.
Some of the ways that one can
use to protect these properties include the use of Patent commercialization as
well as licensing of the technologies. The purpose of patents ensures that no
other company uses the other company’s ideas other than those who created it.
Nevertheless, as indicated by (Kariv,
2011), copyright is used with the territory of a given country, implying that
the business can only be protected by the copyright in the nation that allows
the patent. To those companies that wish to operate internationally, their
managers must ensure that they obtain the protection in the countries that they
want to start working in.
Actions to avoid violating IP rights of
As per (Fallon, 2014), Abusing
Intellectual Property rights can undoubtedly occur without even the seeing of
the administration. For instance, if the organization outsources an independent
website specialist to make a site for them, the designer is the alluded to as
the proprietor of the site, and they can claim to utilize some part of the site
for another reason. The mentioned could cost the organization a considerable
measure as the website specialist could make a place like that one for an
opponent organization. It is, in this way, the principal that directors strike
a method for securing IPs like sites. In this instance of a website, the chief
ought to guarantee that they consent to an arrangement with the designer that
passes on proprietorship and rights to the director.
Additionally, managers must
ensure that the documentation for passing the ownership right of the
Intellectual property that they own is stated to avoid squabbles in the future.
The managers can even talk to the employee so that yet if the employees are
transferred to another company, they cannot apply the IP since that particular
group already registers it. Managers must also be able to understand the
different laws that govern the IPs internationally; this will ensure that they
fully understand everything concerning IPs in that particular nation.
Problems that might occur when doing
business outside the USA
Trading in other countries leads
typically to many problems. The main reasons as to why a company that is
trading outside the United States may have many questions is due to the
difference in business operation laws that vary from one country to another.
For instance, (Gynn, 2008) indicates that there is a more significant
difference between the business laws in the United States and other nations. In
her explanation, the author gives an example where creators in the United
States are permitted to make a creation open and furthermore proceed to
showcase it before acquiring patent rights for it. This case changes for the
more significant part of other nations around the world. A problem may also
arise in a situation where the patent had been established in that particular
country that the business is moving to making it very difficult for the market
to develop the copyright.
Another problem is that some
countries do not care about the Intellectual Property laws and the possibility
that a business operating outside the United States can suffer the loss of IP
is very high. An instance is in China, where business IPs are being stolen and
no one even the government does not care about it.
Legal risks associated with property rights
domestically and internationally.
Wherever one is maintaining a
business, there are lawful dangers that are dependably within reach whether it
is locally or worldwide. There is a legitimate danger of damaging the
utilization of both scholarly and substantial properties without the consent of
those accused of possession. The proprietor could squeeze charges, and the
organization could be charged with damaging the property privileges of the
Globally, an organization is
additionally at a lawful danger of disregarding the laws of the individual
nations in which it builds up itself. The distinction in-laws in every single
country, particularly on copyright, trademark, and patent permitting.
Correspondingly, the organization is likewise subject of being accused by the
law of the infringement of a bill that they maybe did not know about (The Legal
Pitfalls of working together Internationally, 2016).
Legal risks for the business
With the use of the risk
administration process, we can plainly set up the lawful dangers for the
company. The as a matter of first important step is the recognizing of hazards
included. There is a plausible danger of utilizing the acumen and unmistakable
property, without information of the organization. The following stage is
dissecting the risk, and this introduces a chance to understand its likelihood
occurrence and its plausible outcomes. The probability that one can abuse the
utilization of substantial property is very low when contrasted with IP.
The third step includes an
assessment of the risk, the probability of utilizing IP is very high, and its
results are similarly gross. Then again, the likelihood of using unmistakable
property possessed by another person is very low, yet the results are total.
With this data, one can move into the following stage, which is dealing with
the risk included.
The organization can search out
to be exceptionally sharp before making utilization of any protected innovation
and guarantee that they set up its possession before utilizing it. This should
be possible by sharpening representatives on the hazard included. The last
advance is to survey the risk to guarantee that there is an advance in
lessening the likelihood of its beginning.
Contract formation and contract dispute
In a situation where the
organization chooses to utilize specific IP, there must be an assertion amongst
them and the proprietor of the IP. The understanding must be naturally composed
out and feature the points of interest of the agreement. It ought to
demonstrate the authoritative thought that prompted its arrangement and also
feature the part parties. For the situation where the organization outsources
people to fabricate Intellectual Property for it, there ought to be a formally
composed assention that shows the exchange of proprietorship rights from the
maker of the organization.
If one abuses the terms of the agreement, I
propose the utilization of adjudicative procedures. These procedures are always
reasonable and depend on the law. Utilizing this for question determination
builds up a feeling of commitment as each of the gatherings abstains from being
at the junction with the law. It makes the agreement all the more authoritative
and keeps each conference on toes to understand their commitment