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- Company Act
- Company Law
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- Copyright Litigation
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- Digital Right Management
- Educational Conferences/ Seminar
- Farmer Right
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- Intellectual Property
- Intellectual Property Protection
- IP Commercialization
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- IP Practice in India
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- IVF technique
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- Lok Sabha Bill
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- Member of Parliament
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- Pharma- biotech- Patent Commercialisation
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- Protection of SMEs
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- Trademark Infringement
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Introduction To Business Laws
Any commercial organisation must adhere to business laws. They are a collection of laws that control how businesses operate and interact with their stakeholders. Business laws cover many different facets of how businesses operate, such as corporate social responsibility, intellectual property laws, and employment rules. For businesses to avoid legal problems and protect their interests in today’s dynamic business climate, it is essential that they stay current on legal developments and abide by applicable laws.
This blog will examine the various facets of business legislation as well as the most recent legal frameworks and business-specific regulations. We’ll look at the main legal problems that businesses are currently dealing with and how they might function morally and responsibly while navigating the complicated world of business rules.
Technology And Data Privacy
The current company legislation needs to address the crucial matter of technology and data privacy. As businesses increasingly rely on technology, they generate and handle vast amounts of data, often containing sensitive personal information like names, addresses, and financial data. Governments worldwide have responded to privacy and security concerns related to potential data exploitation with various laws and regulations to protect data privacy.
[Image Sources : Shutterstock]
The General Data Protection Regulation (GDPR), implemented in the European Union in 2018, stands as one of the most significant data privacy laws. It aims to empower individuals with more control over their personal data and its collection, usage, and retention by businesses. Irrespective of their location, all businesses operating within the EU must adhere to this regulation.
In addition to these laws, specific industries have their own regulations to safeguard data privacy. One such US law governing the privacy and security of personal health information is the Health Insurance Portability and Accountability Act (HIPAA). Another example is the Payment Card Industry Data Security Standard (PCI DSS), which provides security guidelines to protect credit card information
A key component of current corporate laws is employment law. These laws regulate the interaction between employers and employees, addressing issues including hiring, pay, benefits, discrimination, and harassment as well as disciplinary actions. Here are some current employment legal concerns and examples:
- Gig economy: As the gig economy has grown, determining whether a person is an employee or an independent contractor has become more difficult legally. For instance, Uber has been sued for classifying its drivers as independent contractors rather than workers deserving of overtime and minimum salary.
- Discrimination and harassment: Employers are required to abide by all applicable state and federal laws that forbid discrimination on the basis of disability, age, gender, race, and other protected characteristics. In recent years, sexual harassment has also grown to be a serious problem in the workplace, with high-profile incidents like the #MeToo movement bringing it to greater public attention and requiring greater accountability.
- Laws governing leaves of absence and reasonable accommodations: Under the Family and Medical Leave Act (FMLA), qualified workers are entitled to up to 12 weeks of unpaid leave each year for family and medical reasons. States and towns have recently passed laws requiring employers to give workers a specific number of paid sick days. Employers must make a reasonable effort to accommodate disabled workers under applicable laws. For instance, a business might have to construct a ramp for wheelchairs or offer assistive technology to a worker who is visually impaired.
Modern company laws must include environmental rules because they work to safeguard the environment and natural resources, promote sustainable economic growth, and protect public health. Here are some current concerns regarding environmental legislation, along with some illustrations:
- Climate change: As a result of rising greenhouse gas emissions from human activity, the globe is currently experiencing an unparalleled environmental crisis. The Paris Agreement, for instance, intends to keep global warming far below 2°C and to pursue efforts to keep it below 1.5°C.
- Waste management: It’s critical to manage waste properly in order to safeguard the environment and the general public’s health. For instance, the Waste Electrical and Electronic Equipment (WEEE) Directive of the European Union seeks to minimise the production of electronic waste and encourage the reuse and recycling of electronic items.
- Sustainable development: Since businesses must combine economic expansion with environmental protection, sustainable development is a crucial topic in the field of environmental legislation. For instance, the Sustainable Development Goals of the United Nations seek to eradicate poverty, safeguard the environment, and advance peace and prosperity.
The legal protection of mental works, such as inventions, literary and artistic productions, as well as symbols and designs used in commerce, is known as intellectual property (IP). Here are some current concerns in the area of intellectual property along with some examples:
- Online piracy, which is the unauthorised use or replication of intellectual property, has increased as a result of the increasing availability of digital content. For instance, downloading pirated films, music, and software for free is permitted on file-sharing websites like The Pirate Bay, which violates the IP rights of content producers.
- Patent wars: As corporations make significant investments in R&D, patents become valuable assets, and they may be the subject of legal disputes over patent infringement. For instance, Apple and Samsung have been involved in a protracted legal fight in the smartphone sector, with one company accusing the other of violating its rights.
- Trademark infringement: A trademark is a sign, logo, or term that is used to differentiate one product or service from another. When someone uses a mark that is confusing to customers and is similar to a registered brand, trademark infringement has taken place. For instance, the NFL’s Washington Football Team changed their name in 2021 as a result of trademark battles over its prior name, which Native Americans found disrespectful.
In conclusion, understanding current business regulations is essential for businesses to guarantee they function morally, legally, and responsibly. Businesses must stay current on the newest legal developments and comply with applicable laws, from employment legislation to intellectual property and environmental standards, to prevent legal complications and defend their interests. Companies are expected to behave ethically and contribute to the economic, social, and environmental development of the communities in which they operate, which is a crucial component of corporate operations. Companies can improve their reputation and profit line while also improving society and the environment by accepting business laws and keeping up with current challenges.
Author: Kaustubh Kumar is a fourth-year law student at the National University of Study and Research in Law, Ranchi, in case of any queries please contact/write back to us via email to firstname.lastname@example.org or at Khurana & Khurana, Advocates and IP Attorney.
- The Impact of Employment Law on the Workplace” by A. M. Sargeant and A. J. Lewis, International Journal of Management Reviews (2010) – https://doi.org/10.1111/j.1468-2370.2009.00262.x
- “Emerging Issues in Employment Law” by B. P. Scharf and T. P. McCoy, Labor Law Journal (2018) – https://www.questia.com/magazine/1G1-573248422/emerging-issues-in-employment-law
- “Environmental Regulations and Corporate Innovation: Evidence from the European Emission Trading Scheme” by G. Fellner, Environmental and Resource Economics (2018) – https://doi.org/10.1007/s10640-017-0122-7
- “The Role of Environmental Regulations in Technology Adoption: The Case of the U.S. Electricity Generating Industry” by J. K. Boyce and J. Riddle, The Energy Journal (2018) – https://doi.org/10.5547/01956574.38.3.jboy
- “Intellectual Property and Innovation: A Review of the Literature” by J. H. Park, Journal of Economic Surveys (2008) – https://doi.org/10.1111/j.1467-6419.2007.00530.x
- “Recent Developments in Intellectual Property Law: 2019 in Review” by S. S. Rizvi and S. R. Ewing, Journal of Intellectual Property Law and Practice (2020) – https://doi.org/10.1093/jiplp/jpaa038
- “Intellectual Property and Economic Development: A Survey” by C. Maskus, Journal of Economic Literature (2000) – https://doi.org/10.1257/jel.38.3.779
- Corporate Social Responsibility:
- “Corporate Social Responsibility and Firm Financial Performance: A Meta-Analysis” by H. S. Kim and J. A. Lyon, Journal of Business Ethics (2015) – https://doi.org/10.1007/s10551-014-2326-1
- “The State of Corporate Social Responsibility in India” by P. H. Mirza and K. E. Kulkarni, Journal of Corporate Governance and International Business Law (2020) – https://doi.org/10.1007/s10997-020-09460-1
- “The Paradoxes of Corporate Social Responsibility” by J. M. Darley and N. F. Cohn, California Management Review (2014) – https://doi.org/10.1525/cmr.2014.56.2.6