International Business Law

DIGITAL ANSWER SCRIPT

GBS 2018

PART 01

Q: Why it is important for a Business Manager to take a class in International Business Law?

Maintain of undisruptive operation of the business is the key responsibility of any business manager. Written off as Civil or Criminal; there are several pertaining laws in each region or country of the world with slight differences based on the geographical locations and cultural establishments; which should be obliged by the companies during the course of its presence from launching stage. Managers’ understand of these international business laws plays significant role in maintaining smooth operation in business as these laws have been placed to sustain business ethics in the commercial filed as well as to function only lawful trades.

Decision making is one of the key accountability of a manager. A Manager who has a clear idea on business laws, often make better decisions. The laws administrate a wide range of characteristics from company registration and covering employment, contracts, intellectual property and etc. The managers who are well aware of laws would operate the business in immense confidence as they are being familiarized about business ethics and compensation acts. Moreover, it guides them to effectively handle the day to day business requirements and also create strategy for future enhancements of the business. A business which runs more ethical way always achieve its objectives successfully. In this regards a business manager should has clear awareness of the intellectual law as that can be named as the law of governing ethics. In other words, the key reason behind most of the companies have involved and faced major troubles during their operation is the unawareness of the intellectual law. If the business unit managers in any organization have considerable awareness of any law; will result reducing and minimizing the associated risks, avoid unnecessary expenses for fines and compensation of breaching the law. Also the various ideas which include innovative strategies from the employees would be considered from legal perception for the well-being of the entire business.

The laws were established to ensure the rights of employer and employee and also company & consumers. Law gives right to complain any unethical or wrong actions done by either of above parties. Therefore, the awareness of business law as business managers will confirm the smooth operation of business itself while protecting rights of all involve parties both internal & external to a particular business.

In addition to above description, the general practice when a legal matter arise is to seek the guidance of court. But considering the nature of the matter, severity and based on the effected parties there are alternative solving systems are established. These solving systems protect the confidential of involve parties, time saving and cost effective compare with the judicial system. The business managers’ familiarization & awareness of these Alternative Dispute Resolution (ADR) methods will protect the organizational reputation & goodwill as the details of such matters/issues are confident and would not be publicity elsewhere. As per the various established organizational cultures over the years and management hierarchy some managers and employees may not listen to the legal department in some cases. As a business manager once someone is aware of the governing laws, it would be much coordinative with the legal unit of an organization.

As described in above few paragraphs; the awareness of business managers about the international business law has great impact of smooth & effective operation of business.

PART 02

Section 01

Case Two: Avid Air Vs. Rolls-Royce

1. Why is this case called “trade secrets” not “trade design”?

A Trade Secret is defined as “Information, including a formula, pattern, compilation, program, device, method, technique or process, that: derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy” under the Uniform Trade Secret Act. A Trade Design can be elaborated as the overall appearance and image of a product.

As detailed in the case of Rolls Royce vs Avid Air, which has been evolved around the helicopter engine repair documents; the technical maintenance documents were only obtainable on Authorized Maintenance Centers (AMC) of Rolls Royce and the literature in it has given the Rolls Royce the competitive advantage even through the Distributor Overhaul Information Letters (DOIL) was a composing of both publically available facts and exclusive information. As per the court findings, despite Avid Air’s argument on no new engineering improvements in the newer revisions, the presence of the trade secret is firmed by the value of the secret. Furthermore, the DOILs were only distributed by Rolls Royce to parties who were freely available within the industry.

Therefore, as the level of confidentiality/secrecy and competitive advantage which are the two key possessions for the definition of the trade secret, which have been inbred with the DOILs, had made this case is certainly a case of trade secrets and not trade design.

1. What does this case teach us about intellectual property rights generally?

The issues/cases combine with intellectual property are treated very seriously in front of the law; as intellectual property provides the competitive advantage on the competitors and for an organization their intellectual properties are the key to their operation and success in business. There may be an organization who has been the market leader in a certain product or service, due to some trade secret; it would be responsibility of other competitors to compete with said organization in a professional way being applying innovative strategies than trying to find and copy the trade secret of said organization.