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LEGL3111 Employment Law

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LEGL3111 Employment Law

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Course Code: LEGL3111
University: The University Of Newcastle

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Country: Australia

Discuss about the Employment Lawfor Trademarks and Copyrights.

Patent- Patents are rights that are given to an inventor in order for them to protect their unique idea. It is important however to note that the owner can grant few people the rights to make use of the ideas in return of some royalties (Hannah, 2005). Although patenting was only recognized in the US, some countries have agreed to respect the same as a result of international conventions.
Copyrights- Copyrights are rights given exclusively to owners of artistic works (Beckerman- Rodau, 2002). It must be understood that copyrights do not protect an idea but rather the work that can be presented by the author.
Trademarks- These are the rights given to businesses to reserve the rights of logos and other names and symbols that help a company identify itself in the trade.
Trade Secret- A trade secret is a unique idea that a business has that helps it differentiate itself from other players and holds it in secret.  It must be understood that employees should be able to hold trade secrets in order to protect their employer.
There are a number of benefits that are associated with intellectual policies to employers. One of the benefits that have been associated with the same is the ability for the employer to keep their ideas. It is important to note that some employees may want to reciprocate the information they have learned from their employer and benefit from it (Elias & Stim, 2004). In cases whereby intellectual policies are in place, it may be difficult for the employee to make use of the ideas gotten from their employer in order to benefit themselves. The law clearly states that in one has had intellectual property registered under their names, no one can make use of the same in order to benefit themselves. Therefore, it is essential that all employees understand this vital benefit.
The other benefit that is associated with ensuring that one has intellectual registered is the fact that they are able to protect their business growth. Most people have turned their unique ideas into businesses opportunities (Hannah, 2005). Therefore by one not protecting their ideas they are at a disadvantaged position due to the fact that one can get the idea and make use of it to start a similar business. This may be at the disadvantage of the employer since the business will work to rival their business. Most employers do not understand the benefits that are associated with adopting intellectual property rights.
Employment contracts are also very important to both the employees and the employers. This is because they get to set the terms of services between the two parties and how same should be undertaken. One of the advantages of setting terms of a contract is the fact that the employer gets to ensure that they ensure that employees get to bind themselves to terms that they will not make use of the intellectual rights owned by the company for any other use but rather to the benefit of the organization (Bouchoux, 2012). In any case that the same is breached, the employer can sue for damages that result as a result of the same.
Hannah, D. R. (2005). Should I keep a secret? The effects of trade secret protection procedures on employees’ obligations to protect trade secrets. Organization Science, 16(1), 71-84.
Beckerman-Rodau, A. (2002). The choice between patent protection and trade secret protection: a legal and business decision. J. Pat. & Trademark Off. Soc’y, 84, 371.
Elias, S., & Stim, R. (2004). Patent, copyright & trademark. Nolo.
Bouchoux, D. E. (2012). Intellectual property: The law of trademarks, copyrights, patents, and trade secrets. Cengage Learning

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