V.

SRIDHAR I-MBA(BANKING &INSURANCE) BUSSINESS ENVIRONMENT ASSIGNMENT

MEANING OF LAW ON PATENTS:

A patent is a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time, in exchange 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

ADVANTAGES OF LAW ON PATENTS:1.A patent gives the inventor the right to stop others from manufacturing, copying, selling or 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 any price they believe to be suitable.

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

with claims is published and can 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:-

 A patent does not give a right to make or use or sell an invention.Rather, a patent provides the right to exclude others from making, using, selling, offering for sale, or importing the patented payment of maintenance fees A patent is a limited property right the government gives inventors in exchange for their agreement to share details of their inventions 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

inventor obtains a patent on improvements to an existing invention which is still under patent, they can only legally use the improved invention 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 the jurisdiction it covers. Consequences of not working 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 has the 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

of 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 treatise and is a great reference source. CONCLUSION:-

The best source of materials for the practitioner is the Manual of Patent Examining and Procedure (MPEP). It is organized with a table of 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 treatise and is a great reference source.

LAW OF CONSUMER PROTECTION:MEANING:

Consumer protection laws are federal and state statutes governing sales and credit practices involving consumer goods. Such statutes prohibit and regulate deceptive or Unconscionable advertising and sales practices, product quality, credit financing and reporting, debt collection, leases, and other aspects of consumer 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 with companies or citizens who regularly engage in business. Historically, consumer transactions purchases of goods or services for personal,

family, or household usewere presumed fair because it was assumed that buyers and sellers bargained from equal positions. Starting in the 1960s, 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 false advertisement, a common remedy is the FTCordered 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

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 the job 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 it is unaware.

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 more and 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 of consumers 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

take care of themselves. Consumer protection laws are a form of government regulation, which aim to protect the rights of consumers. 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 of consumer organizations, which help consumers make better choices in the marketplace and get help with consumer complaints.

CONSUMER PROTECTION LAW:-

IN order to control the market, the government has introduced a number of laws 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 (with amendments) which gives customers their fundamental legal rights which cannot be excluded or taken away. Trade Descriptions Act 1968, which requires a trader to describe goods accurately.

Consumer Protection Act 1987 which deal WITH BOTH PRICING AND PRODUCT SAFETY

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 to make further provision in relation to such waste;

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

functions of that Council and, as respects Wales, of the Countryside Commission; to make further provision for the control of the importation, exportation, use, supply or storage of prescribed substances and articles and the importation or exportation of prescribed descriptions of waste; To confer powers to obtain information about potentially hazardous substances; to amend the law relating to the control of hazardous substances on, over or under land; to amend section 107(6) of the Water Act 1989 and sections 31(7)(a), 31A(2)(c)(i) and 32(7)(a) of the Control of Pollution Act 1974; to amend the provisions of the Food and Environment Protection Act 1985 as regards the dumping of waste at sea;

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 Foundation and for remunerating the chairman of the Inland Waterways Amenity Advisory Council;

ENVIRONMENTAL HEALTH &SAFETY:-

Advantages and Disadvantages Of Hearing Protection Devices (HPD's)

HPD Expandable Foam Plugs Advantages

Disadvantages

Good in hot, humid environments Can be easily worn with other equipment Inexpensive

Less visible than earmuffs Requires skill and attention during application People with small ear canals may have difficulty rolling

typical plugs small enough to make them fit Pre-molded, reusable plugs

Good in hot, humid environments Can be easily worn with other equipment Many are available in small, medium and large Inexpensive Reusable Washable Convenient

Less visible than earmuffs Requires skill and attention during application Some people may need a different size plug for each ear

to carry In dirty or dusty environments , you don't need to handle or roll tips Convenient to wear around the neck when not in use Designed to fit most people

Canal Caps

The pressure of the bands can be uncomforta ble to some people Tight, bulky, hot and heavy Heavy beards, sideburns,

Earmuffs

or glasses can reduce attenuation Acoustical leaks may arise from employee modification Other PPE may make it hard to wear