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An Employee And An Independent Contractor

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Questions:

1.What are the Difference Between an Employee and an Independent Contractor.

2.The types of Business Structures available when setting up a Business and Recommend which Structure you think will suit his needs.
 
 

Answers:

Introduction

Intellectual property issues often rise due to the employment of the law that matters by including the appropriate disputes apart from departing the employees by considering the secrets of the over trade. Therefore the conduct of the work can be made by showing the ownership of the IP developed by the employees and thereby the rights of the employer is appropriately discussed by executing the appropriate companies excelling the manufacturing of the products. The IP disputes can be avoided by showing the planning and thereby the business layers are identified to be awarded of the issues which are provided by showing the great services to their clients[1]. Therefore the relation of the explanation can be easily provided by showing that the business will ensure that the employees must plan to obtain the appropriate rights for the purpose of protecting the ownership. The construction of the copyright principles can be appropriately presented by showing the applications and also the application can be easily implemented on the employees as well as the contractors[2]. Therefore, for the purpose of protecting the trade secrets, the companies must engage themselves in providing the reasonable efforts for the purpose of gathering the maintenance of the secrecy and also the enhancement of the trade keys secrets and the protection policy can be appropriately followed. 

1.Difference between an employee and an independent contractor

As per the practices of the business are concerned in this context, the relationships between the employees and the employees with the firms and the consultants can be depicted to be independent on the contractors and the contractees. Therefore, the certainty must be maintained by showing the substantial portion of the work which is depicted to be related to the business activity and also the enhancement of the business can be made. The employment matters are depicted to be settled by showing the appropriate settlement of the policies and the negotiations which are essential for the purpose of the avoiding the breaching of the contract and the contracting with the third parties negotiations[3]. The intellectual property protection can be easily shown in this context and also the enhancement of the structure of the study can be easily figured out. For the purpose of providing the clients with the appropriate information regarding the structuring of the business for the purpose of protecting them, the issues must be resolved by showing the appropriate mitigation of the obligations which are related to the pattern of the company. Therefore the structuring of the rules and the regulations by showing the right structure to mitigating the appropriate figures can be easily depicted by illustrating the views which are essential for the purpose of showing the enhancement of the clients’ needs. Thus, the differentiation can be appropriately made by showing the appropriate work structure and also the enhancement of the business can be easily depicted by showing the disruptive employment practices[4]. Therefore the structure of the work can be easily depicted to be consisting of the employment issues which are continuously moving forward by showing the legal areas which had been covered in this case. As per the case study of the Paul is being undertaken for the study, the intellectual property issues can be easily established, and for the mitigation of these issues, the intellectual property rights must be utilized for the providing the support to the growth of the business. Therefore the structure can be easily shown by describing the situation which is being faced by the Paul during the establishment of its business and also the support is being easily gained by implementing the rights of the Intellectual property[5]. The rights includes the termination agreements for the employees, notice for the breaching of the contract for mitigating the contractual issues, and the policies and the procedures of the employment must be included in this case.

 

Intellectual property rights

Intellectual property and other intangible assets are related to the business which includes designs, secret processes, formulae, patents, and trademarks. The intellectual property law in Australia is designed to protect businesses and encourage innovation that creates an original intellectual property to have a competitive advantage. The country is also a signatory to a large number of international agreements that protects intellectual property in other nations. Intellectual property is a government of Australia that administers and monitors IP legislation and rights. The businesses need to be registered as per the law. The patent in Australia provides legal rights to prevent the third parties to manufacture, use and sell an invention in the country. It can be used to give license to anyone for manufacturing a device at an agreed term[6]. The patent office of intellectual property administers the patents in Australia. Australia has an effective and well-developed legal system that ensures the protection of the intellectual property of individuals and businesses. The companies can register the trade mark as the significant marketing tool. The trademark with registration provides protection that stops other to use the brand of other companies or individuals. It is protected and issued nationally. The domain name is an internet site address which allows other people to access the website.  In Australia, the internet address that ends in .au are regulated and administered by the Domain Administration. To register the domain, the name of the domain should be available, and the business should be the policy of the DA on allocation and name eligibility[7]. A statutory framework is there in Australia for the design registrations. The design application is filed which contains one design and a single design about multiple designs and products. The applications for design registration should comply with the designs office of the IP Australia. Thus, the design office would assess whether designs meet the legislative requirements or not. The copyright law in Australia is designed to promote and protect the businesses that invest their talent and time in the creation of the new material. The country is a signatory to some an international convention that deals with the copyright. The material is protected automatically by the copyright in the country under the legislative framework. Paul can follow the intellectual property law of Australia while setting up the business. The copyright law that would be important for Paul is designed protection and copyright protection as per the law[8].

2.Types of business structures

The types of the business structure which are being used by showing the enhancement of the common forms of the business enterprise in the form of structuring the business and also the structuring of the business can be shown on the basis of the four basic structures which are described below in the following points:-

  • Sole Proprietorship: The sole proprietorship is being illustrated as the simplest forms of the business which is being illustrated by showing the appropriate structure of the legal entity and also it simply refers to the natural person who is illustrated to own the response to the facts. These are identified as the structure that is illustrated to be showing the enhancement of the business by removing the debts that are included in it[9]. This is the simplest form of the business structure which consists of ease setup, nominal costs and also simplicity in nature.
  • General Partnership: The general partnership is created by showing the enhancement of the business which is being included for the purpose of engaging the structure of the business. It is the form of the business in which more than one person is being involved in this case, and also the flexibility of the business and the relative simplicity can be easily explained by showing the liability partnerships and also the simplicity can be depicted to be showing the liability partnerships. Therefore the various categories can be easily segregated by showing the enhancement of the research and also the partnership can be easily formed by accidental oral agreements and also the assistance of the attorney can be easily represented[10]. The consideration of the facts is depicted to be related to the formation of the structure which is consisting of the structure in the form of the agreements that are related to the formed partnerships and also the engagement of the structure is jointly continued by two or three structures.
  • Limited Liability Company: The limited liability Company is depicted to be the best form of the structure which is being represented in the form of the business. Also, the creation of the structure is being made by showing the enhancement of the structure and also the appropriate constructions can be made by showing the recognition of the partnership association. This is also defined to be the best form of the business which is being made showing the enhancement of the business. Thereby, the partnerships can be appropriately administered and also the also the partnership is being depicted by showing the enhancement of the business[11].
  • Corporation: The Corporation is defined as the body that consists of the legal body for the purpose of defining the legal way for carrying out the enhancement of the structure and also the various forms of the business and also the enhancement of the business can be easy. The purchasing of the shareholders can be depicted by showing the purchasing the appropriate structure by showing the enhancement of the property or the stock.

As per the explanations of the business structure provided in this context, the suggestion of the business structure that can be provided to the Paul can be easily represented by showing the figuring of the General partnership form of the business structure. It will enable the Paul to have the simplest way of the business structure and also the complexities can also be removed by showing this kind of business structure. 

 

Registering the business structure

Apart from the registration process of forming the general partnership business structure, the enhancement of the business can be made by showing the registration made by the help of following the ASIC rules and the regulations. It enables the officeholder of the company to have all the legal obligations under the proper Corporation Act and also the enhancement of the study can be made. The differentiation is being created by categorizing the normal registration which consists of the business name and the proprietary company[12]. Therefore the differentiation is being categorized as one consists of the ASIC rules and the other one does not consist of the ASIC rules. As per the case study is undertaken, the Paul must register the company with registering the ASIC rules for the betterment of the business and also the security can be easily assured in this case[13].

 

Developing brand name

To start up a business, it is very much important to adopt and implement appropriate marketing strategies and techniques to promote the products and services in the market.  Logos is an important aspect of the business marketing. The graphical displays of the unique identity through fonts, images and colors provide significant information about the organization that allows the customer to determine the core brand of the company. It attracts the attention of the customers, and it is the most crucial component of the overall identity of the organization[14]. The consumers can get a brief overview of the company from logos. Building a brand name takes many years of planning, strategizing and investment. The creation of brand name is a challenging task for any new start-up businesses. The brand name shows the growth and quality of products and services provided by the company. Brand identity creates a unique image of the company in the market, and it helps in the increase in the profitability and customer base. It is very difficult for the companies to fulfill the demand of the customers and building brand name in the market. The logo, brand name, and relationship with the customers provide significant information to the investors about the performance of the company in the market[15]. The online presence of the companies is very much important as everyone uses the internet nowadays. The social media platform has provided a wide platform to the companies to promote their products and services. The digital marketing has gained its popularity and importance in the current business environment.

 

Conclusion

The overall presentation of the case study of the Pal undertaken for the study represents the setup of the business structure by following the intellectual property rights[16]. The proper structure can be easily categorized by showing the appropriate structure of the business and also the business can be easily depicted to be enhanced by following the appropriate measurements and the suggestions. The advice regarding the construction of the business set up is being provided by showing the legal structure of the business that will enhance the study and also it easily shows the appropriate formation of the work structure[17]. Therefore the structure can be easily explained by defining the needs and also mitigating the issues that are represented for showing the enhancement of the work.

 

References

Abbott, Keith, N Pendlebury and Kevin Wardman, Business Law (Cengage Learning, 2013)

Allison, John Robert and Robert A Prentice, Business Law (University Co-Op, 2009)

Bently, Lionel and Brad Sherman, Intellectual Property Law (Oxford University Press, 2009)

Bosworth, D. L, Intellectual Property Rights (Elsevier Science, 2014)

Chaudhry, Peggy and Alan Zimmerman, Protecting Your Intellectual Property Rights (Springer New York, 2013)

Chen-Wishart, Mindy, Contract Law (Oxford University press, 2015)

Christie, Andrew and Stephen Gare, Intellectual Property (Oxford University Press, 2006)

Cornish, W. R, David Llewelyn and Tanya Frances Aplin, Intellectual Property (Sweet & Maxwell, 2013)

Duxbury, Robert, Contract Law (Sweet & Maxwell, 1st ed, 2015)

Engdahl, Sylvia, Taxation (Greenhaven Press, 2011)

Engdahl, Sylvia, Intellectual Property Rights (Greenhaven Press, 2010)

Gervais, Daniel J, Intellectual Property, Trade And Development (Oxford University Press, 2014)

Gillies, Peter, Business Law (Federation Press, 2004)

MacIntyre, Ewan, Business Law (Pearson Education Limited, 2016)

Mavroidis, Petros Constantinos, Intellectual Property (University of Michigan Press, 2010)

Ruff, Anne, Contract Law (Sweet & Maxwell, 2014)

Schechter, Roger, Intellectual Property (West Academic, 2008)

Vaidhyanathan, Siva, Intellectual Property (Oxford University Press, 2017)

 Keith Abbott, N Pendlebury and Kevin Wardman, Business Law (Cengage Learning, 2013).

 John Robert Allison and Robert A Prentice, Business Law (University Co-Op, 2009).

Lionel Bently and Brad Sherman, Intellectual Property Law (Oxford University Press, 2009).

D. L Bosworth, Intellectual Property Rights (Elsevier Science, 2014).

Peggy Chaudhry and Alan Zimmerman, Protecting Your Intellectual Property Rights (Springer New York, 2013).

Robert Duxbury, Contract Law (Sweet & Maxwell, 1st ed, 2015).

Sylvia Engdahl, Intellectual Property Rights (Greenhaven Press, 2010).

Sylvia Engdahl, Taxation (Greenhaven Press, 2011).

Mindy Chen-Wishart, Contract Law (Oxford University Press, 2015).

Andrew Christie and Stephen Gare, Intellectual Property (Oxford University Press, 2006).

W. R Cornish, David Llewelyn and Tanya Frances Aplin, Intellectual Property (Sweet & Maxwell, 2013).

Peter Gillies, Business Law (Federation Press, 2004).

Siva Vaidhyanathan, Intellectual Property (Oxford University Press, 2017).

Ewan MacIntyre, Business Law (Pearson Education Limited, 2016).

petros Constantinos Mavroidis, Intellectual Property (University of Michigan Press, 2010). Roger Schechter, Intellectual Property (West Academic, 2008).

Anne Ruff, Contract Law (Sweet & Maxwell, 2014).

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