Are we over regulated? 265 new regulations on top of existing ones must make most businesses, in particular small businesses, gasp.
Good intentions usually sit behind new regulations but, as I know from working in the law, new legislation can often be a knee jerk reaction to resolve a situation and often a unique situation at that.
However, sadly rather than resolve a problem new legislation often forces good businesses who comply with good practice to jump through hoops at considerable expense leaving businesses, which the legislation intended to correct, ignoring it.
Speaking to businesses most say that they are overregulated and that the balance between protecting the business and others (such as employees, suppliers, contractors, the tax man) has swung too far in favour of “others”. Many lawyers would probably agree. It is however a difficult balance.
265 new regulations does seem rather a lot – ignorance won’t be a defence but it will be very understandable!”
http://www.bbc.co.uk/news/business-12493061
Bettina Brueggemann
Managing Partner
Showing posts with label commercial law. Show all posts
Showing posts with label commercial law. Show all posts
Thursday, 17 February 2011
Wednesday, 12 January 2011
Protecting an idea?
The case of the Winklvoss twins accusing Mark Zuckerberg of stealing their idea in the creation of Facebook is news around the world and as such is equally relevant here in the UK in raising the question of whether an idea can be protected and if so how?
Under UK law the protections offered vary greatly as an idea can take many forms and it is the form that the idea takes that results in the type and level of protection that it is afforded.
To establish the protection given to an idea it needs to be established:
How is it presented?
Is it in a written or recorded form?
Is it a method or process?
Is it an item or tangible object?
How did the idea come about?
Is the idea confined to the UK, or is international protection necessary?
The underlying principle behind these questions is clear - if the idea is formally recorded either through trademark, patent, design or copyright, it is much easier to enforce should any alleged breach occur.
As can be seen from the Facebook dispute failure to record an idea can be costly…
Find out more about Hart Browns Commercial Business department
Under UK law the protections offered vary greatly as an idea can take many forms and it is the form that the idea takes that results in the type and level of protection that it is afforded.
To establish the protection given to an idea it needs to be established:
How is it presented?
Is it in a written or recorded form?
Is it a method or process?
Is it an item or tangible object?
How did the idea come about?
Is the idea confined to the UK, or is international protection necessary?
The underlying principle behind these questions is clear - if the idea is formally recorded either through trademark, patent, design or copyright, it is much easier to enforce should any alleged breach occur.
As can be seen from the Facebook dispute failure to record an idea can be costly…
Find out more about Hart Browns Commercial Business department
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