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LEGAL ISSUES FOR
THE ENTREPRENEUR
What will we learn?
•   Intellectual Property Rights
•   Patents
•   Trademarks
•   Copyrights
•   Trade Secrets
•   Licensing
•   Product Safety & Liability
•   Insurance
•   Contracts
INTELLECTUAL PROPERTY
• Any Innovation, Commercial or Artistic, or
  any Unique Name, Symbol, Logo or Design
• IP is an Asset for the Entrepreneur
• It must be protected from Un-authorized use.
• There are four ways to protect IP
  1. Patents on Inventions
  2. Trademarks on Branding Devices
  3. Copyrights on Music, Videos, Patterns, Forms
     of Expression
  4. Trade Secrets for Methods/Formulas with
     Economic Value
PATENTS
          Edison Bulb
• A Contract Between Government & Inventor
  in Exchange for disclosure of Invention
• Grants the inventor EXCLUSIVITY to Make,
  Use & Sell the Invention for
   • Specified Amount of Time
   • Territorial
• Holder Obtains MONOPOLY for certain period
  and after that it passes into Public Domain
• Patents can be obtained in widely varying
  Technical Subject Matters - "almost anything
  under the sun made by man".
• Holds the Right to issue Licenses to Others
• An Idea/Thought can not be Patented
• Modifications in Existing Products can also be
  Patented (e.g. Galaxy Tab)
• Term of Protection should be a minimum of 20
  Years
• Patentable Inventions in Pakistan:
  – Invention in NEW
  – Involves an Inventive Step
  – Should NOT be Contrary to Law OR Morality
UTILITY PATENTS
• Protect Useful Processes, Machines, Articles
  of Manufacture, and Compositions of Matter.
• Some Examples: Fiber Optics, Computer
  Hardware etc
DESIGN PATENTS
• Guards the Unauthorized Use of New,
  Original, and Ornamental designs for Articles
  of Manufacture.
• The look of an Athletic Shoe, a Bicycle
  Helmet, the Star Wars Characters are all
  protected by Design Patents.
PLANT PATENTS
• Are the way we Protect Invented or
  Discovered plant varieties.
• For Example: Hybrid Tea Roses, Silver Queen
  Corn, Better Boy Tomatoes are all types of
  plant patents.
TRADEMARKS
• Protects Words, Names, Symbols, Sounds, or
  Colors that distinguish goods and services.
• Trademarks, unlike Patents, can be renewed
  FORVER as long as they are being used in
  business.
• The roar of the MGM lion, the pink of the
  Owens-Corning insulation, and the shape of a
  Coca-Cola bottle, The Original Lawn by Gul
  Ahmed are familiar trademarks.
• Four Categories of TMs:
  1. Coined Marks: Denote NO Relationship b/w Mark
     & Good (e.g. Kodak, Moosa Jee)
  2. Arbitrary Mark: Common Word used in
     Meaningless Context (e.g. Apple, Dollar)
  3. Suggestive Mark: suggests certain Features,
     Qualities, Ingredients, or Characteristics of a
     Product or Service (Clean & Clear, Fair & Lovely,
     Skin White Products)
  4. Descriptive Mark: with a dictionary meaning which
     is used in connection with products or services
     directly related to that meaning (e.g. Shoe Plant,
     Darzi, EBH)
COPYRIGHTS
• Protects Works of Authorship, such as
  WRITINGS, MUSIC, and WORKS OF ART that
  have been Tangibly Expressed.
• Stop others from Printing, Copying, or
  Publishing
• Does not protect Idea itself, others can use
  Idea/Concept in a Different manner
• Term of Copyrights is the life of Author plus
  50 Years & 75 Years for an Institute.
• For Example: Gone With The Wind, Harry
  Potter (the book and the film), Beatles
  Recordings, Computer Software, and Video
  Games.

• Books, Scripts, Articles, Poems, Songs,
  Sculptures, Models, Maps, Blueprints,
  Collages, Printed Material, Data & Music all
  can be Copyrighted.
TRADE SECRETS
• Are information that companies keep secret
  from Public/Competitors to give them an
  advantage over their competitors.
• The formula for Coca-Cola is the most famous
  trade secret.
LICENSING
• Arrangement between Two Parties i.e. Proprietary
  Right Owner/Patentee and the Licensee
• The patent owner may give permission to, or license,
  other parties to use the invention on mutually
  agreed terms
• Licensee pays Royalty/Fees against the Right to use
  IP
• Licensing is done to either Expand a Business or to
  Start a New Venture.
• Inexperience or Lack Resources
• If there is an existing patent that might involve
  infringement, licensing may be considered.
• Licenses are Issued to make PROFITS and REACH wider
  span of Public
• Patent License Agreement:
  – Either just market a Product OR Manufacture and Sell Also
• Examples:
  – Telecommunication Companies,        Fuel   Stations,    Food
    Franchises & Drugs Stores etc.
• Copyright License Agreement:
  – Copy Books, Software, Music, Photographs, & Plays etc
• Examples:
  – Indian Idol, X-Factor, Sports Team’s    Merchandising, KFC
    gifting Coca Cola Glasses etc.
PRODUCT SAFETY & LIABILITY
• A Firm must NOT Breach any Legal
  Specifications of a Product under the CPSA
• Pre-Assessment to Check if the Product is
  Subject to any Regulations under CPSA
• Entrepreneur must follow the Prescribed
  Specification to meet the CPSA’s requirement
• Examples:
  – Toyota Motors Paid in all Million of Dollars to
    their Customer, who had Accident in 2009
  – Famous Pepsi’s Case in India against use of
    Chemicals/Fertilizer to wash empty bottles
  – Halal Products (Lay’s Campaign)
• Product Liability Claims Types:
1. Negligence: anywhere in Production &
   Marketing Process (Toyota/Pepsi)
2. Warranty: Overstating the Prod Benefits
   (Energy Drinks)
3. Strict Liability: Defective Products for Sale
   (Food)
4. Misrepresentation: material facts on
   Labels/Advertisements (Hidden Costs)
• Examples:
  – Suit was filed against Fair & Lovely
  – Teleco/Bank’s Hidden Costs
INSURANCE
• A cover against any unexpected Miss-hap
• Managing Risk in the New Business+
• Type of Insurance to Purchase depends upon the
  Nature of Business/Industry.
• Dramatic Increase in Purchase of Insurance in
  Pakistan after the Post Violence of Benazir’s
  Assassination in Country
• For Example:
  – Staff Safety is more of concern in Chemical Industry
    than Banks
  – International Marketing Personnel/Sales Managers
    Travel more frequently than Financial Executives –
    Need Company’s Insurance Coverage
Types of Insurance:
1. Property: Fire, Burglary, Robbery & Business
   Interruption (All/Banks/Goldsmith)
2. Casualty: Physical Injury or Property Damage
   (Fuel Stations/Superstores/Shops/Outlets)
3. Life: Protects the Business Continuity
   (Partnership & JSC)
4. Worker’s Compensation: on-job Injury
   (chemical/manufacturing industry)
5. Bonding: Employee Theft OR Tender Not
   meets Deadline (Contractors)
CONTRACTS
• Legally Binding Agreement between Two
  Parties
• Entrepreneur’s Contract with Vendors,
  Landlords, & Clients etc
• Written Contracts must be preferred over
  Verbal Ones.
• Benefits of Written Contracts: termed as
  Valid & Legally Enforceable
• Examples:
  – Outsourcing Production (Apple, Samsung, Nike)
  – Employees Sign a Bond with Firm
In case of Not Availing a Lawyer, Entrepreneur
  must take care of following essential items:
1. All Involved Parties shall be Named along
   with their Roles (Buyer & Seller, Licensee &
   Licensor etc)
2. Detailed Transaction (Exact Location, Date,
   Time & Place of Delivery etc.)
3. Exact Value of Transaction
4. Involved Persons’ Signatures must be
   Obtained in the Deal.

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Legal Issues for the Entrepreneur

  • 1. LEGAL ISSUES FOR THE ENTREPRENEUR
  • 2. What will we learn? • Intellectual Property Rights • Patents • Trademarks • Copyrights • Trade Secrets • Licensing • Product Safety & Liability • Insurance • Contracts
  • 4. • Any Innovation, Commercial or Artistic, or any Unique Name, Symbol, Logo or Design • IP is an Asset for the Entrepreneur • It must be protected from Un-authorized use. • There are four ways to protect IP 1. Patents on Inventions 2. Trademarks on Branding Devices 3. Copyrights on Music, Videos, Patterns, Forms of Expression 4. Trade Secrets for Methods/Formulas with Economic Value
  • 5. PATENTS Edison Bulb
  • 6. • A Contract Between Government & Inventor in Exchange for disclosure of Invention • Grants the inventor EXCLUSIVITY to Make, Use & Sell the Invention for • Specified Amount of Time • Territorial • Holder Obtains MONOPOLY for certain period and after that it passes into Public Domain • Patents can be obtained in widely varying Technical Subject Matters - "almost anything under the sun made by man".
  • 7. • Holds the Right to issue Licenses to Others • An Idea/Thought can not be Patented • Modifications in Existing Products can also be Patented (e.g. Galaxy Tab) • Term of Protection should be a minimum of 20 Years • Patentable Inventions in Pakistan: – Invention in NEW – Involves an Inventive Step – Should NOT be Contrary to Law OR Morality
  • 8. UTILITY PATENTS • Protect Useful Processes, Machines, Articles of Manufacture, and Compositions of Matter. • Some Examples: Fiber Optics, Computer Hardware etc
  • 9. DESIGN PATENTS • Guards the Unauthorized Use of New, Original, and Ornamental designs for Articles of Manufacture. • The look of an Athletic Shoe, a Bicycle Helmet, the Star Wars Characters are all protected by Design Patents.
  • 10. PLANT PATENTS • Are the way we Protect Invented or Discovered plant varieties. • For Example: Hybrid Tea Roses, Silver Queen Corn, Better Boy Tomatoes are all types of plant patents.
  • 12. • Protects Words, Names, Symbols, Sounds, or Colors that distinguish goods and services. • Trademarks, unlike Patents, can be renewed FORVER as long as they are being used in business. • The roar of the MGM lion, the pink of the Owens-Corning insulation, and the shape of a Coca-Cola bottle, The Original Lawn by Gul Ahmed are familiar trademarks.
  • 13. • Four Categories of TMs: 1. Coined Marks: Denote NO Relationship b/w Mark & Good (e.g. Kodak, Moosa Jee) 2. Arbitrary Mark: Common Word used in Meaningless Context (e.g. Apple, Dollar) 3. Suggestive Mark: suggests certain Features, Qualities, Ingredients, or Characteristics of a Product or Service (Clean & Clear, Fair & Lovely, Skin White Products) 4. Descriptive Mark: with a dictionary meaning which is used in connection with products or services directly related to that meaning (e.g. Shoe Plant, Darzi, EBH)
  • 15. • Protects Works of Authorship, such as WRITINGS, MUSIC, and WORKS OF ART that have been Tangibly Expressed. • Stop others from Printing, Copying, or Publishing • Does not protect Idea itself, others can use Idea/Concept in a Different manner • Term of Copyrights is the life of Author plus 50 Years & 75 Years for an Institute.
  • 16. • For Example: Gone With The Wind, Harry Potter (the book and the film), Beatles Recordings, Computer Software, and Video Games. • Books, Scripts, Articles, Poems, Songs, Sculptures, Models, Maps, Blueprints, Collages, Printed Material, Data & Music all can be Copyrighted.
  • 17. TRADE SECRETS • Are information that companies keep secret from Public/Competitors to give them an advantage over their competitors. • The formula for Coca-Cola is the most famous trade secret.
  • 19. • Arrangement between Two Parties i.e. Proprietary Right Owner/Patentee and the Licensee • The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms • Licensee pays Royalty/Fees against the Right to use IP • Licensing is done to either Expand a Business or to Start a New Venture. • Inexperience or Lack Resources • If there is an existing patent that might involve infringement, licensing may be considered.
  • 20. • Licenses are Issued to make PROFITS and REACH wider span of Public • Patent License Agreement: – Either just market a Product OR Manufacture and Sell Also • Examples: – Telecommunication Companies, Fuel Stations, Food Franchises & Drugs Stores etc. • Copyright License Agreement: – Copy Books, Software, Music, Photographs, & Plays etc • Examples: – Indian Idol, X-Factor, Sports Team’s Merchandising, KFC gifting Coca Cola Glasses etc.
  • 21. PRODUCT SAFETY & LIABILITY
  • 22. • A Firm must NOT Breach any Legal Specifications of a Product under the CPSA • Pre-Assessment to Check if the Product is Subject to any Regulations under CPSA • Entrepreneur must follow the Prescribed Specification to meet the CPSA’s requirement • Examples: – Toyota Motors Paid in all Million of Dollars to their Customer, who had Accident in 2009 – Famous Pepsi’s Case in India against use of Chemicals/Fertilizer to wash empty bottles – Halal Products (Lay’s Campaign)
  • 23. • Product Liability Claims Types: 1. Negligence: anywhere in Production & Marketing Process (Toyota/Pepsi) 2. Warranty: Overstating the Prod Benefits (Energy Drinks) 3. Strict Liability: Defective Products for Sale (Food) 4. Misrepresentation: material facts on Labels/Advertisements (Hidden Costs) • Examples: – Suit was filed against Fair & Lovely – Teleco/Bank’s Hidden Costs
  • 25. • A cover against any unexpected Miss-hap • Managing Risk in the New Business+ • Type of Insurance to Purchase depends upon the Nature of Business/Industry. • Dramatic Increase in Purchase of Insurance in Pakistan after the Post Violence of Benazir’s Assassination in Country • For Example: – Staff Safety is more of concern in Chemical Industry than Banks – International Marketing Personnel/Sales Managers Travel more frequently than Financial Executives – Need Company’s Insurance Coverage
  • 26. Types of Insurance: 1. Property: Fire, Burglary, Robbery & Business Interruption (All/Banks/Goldsmith) 2. Casualty: Physical Injury or Property Damage (Fuel Stations/Superstores/Shops/Outlets) 3. Life: Protects the Business Continuity (Partnership & JSC) 4. Worker’s Compensation: on-job Injury (chemical/manufacturing industry) 5. Bonding: Employee Theft OR Tender Not meets Deadline (Contractors)
  • 28. • Legally Binding Agreement between Two Parties • Entrepreneur’s Contract with Vendors, Landlords, & Clients etc • Written Contracts must be preferred over Verbal Ones. • Benefits of Written Contracts: termed as Valid & Legally Enforceable • Examples: – Outsourcing Production (Apple, Samsung, Nike) – Employees Sign a Bond with Firm
  • 29. In case of Not Availing a Lawyer, Entrepreneur must take care of following essential items: 1. All Involved Parties shall be Named along with their Roles (Buyer & Seller, Licensee & Licensor etc) 2. Detailed Transaction (Exact Location, Date, Time & Place of Delivery etc.) 3. Exact Value of Transaction 4. Involved Persons’ Signatures must be Obtained in the Deal.