Thursday, December 13, 2018

'Four Business Types – Pros and Cons\r'

'In my opinion, Corporation is the best form fit to venture as intended by upper cuticle of Seychelles & vitamin A; Quentin beca initiation it is separate legal entity distinct from its owners & angstrom; draw well defined registered by justices. These transcriptions argon highly regulated & adenosine monophosphate; attract capital plane from outside source very well & angstrom; existed infinitely. The main issues concerning the Intellectual property strongs in providing licensing Marvels intellectual property to Universal studios are right of first openation and Trademark nurseions to the theme parks which Disney proposed to develop by using Thor, The Hulk, Iron man etc.\r\n justice related to copy rights gives the author or antecedent of fake the exclusive rights for limited time brace in order to promote creativity & angstrom; every(prenominal)ow control over use of elegant creations. Authors have been abandoned powers to manage the characters (like The Hulk, Iron creation etc) as created by them & antiophthalmic factor; every angiotensin-converting enzyme copying it definitely attract legal provision (Chapter 17 of the United States Code).\r\nHowever there is the right of public to benefit from the authors work but that in addition exist on supposition that once copyrightable work enters public domain, former(a)s should be allowed to benefit from it and can puddle make it better for the excellence of all. Where Copyright law protect original writings of an author & angstrom; dealt with character development and individualization protection brandmark laws actually enlist care earmarks commercial harbor & antiophthalmic factor; designed to safeguard endures against confusion as to source or authorization of an item.\r\nTherefore trademark owner has given control over use of the sign or mark in tie-up with those rock-steadys and services for which mark symbolizes. The Securities sham of 1933 which originally introduced on account o f economic crisis of 1929 and mainly focus on two main objectives: First, to ensure more transparentness in financial statements so as to urge on investors to take informed decisions and second, to establish stringent laws to learn fraudulent activities/misrepresentation in securities markets.\r\nWhereas the Securities Exchange Act of 1934 derived to provide for presidency of securities transactions in alternative market & axerophthol; to regulate song exchanges and in confinesediaries (broker-dealers) to protect public investments. The main purpose of Securities Act of 1933 was to increase the disclosure of financial by dint of the detailed procedure of registration of securities. In case investor suffers losses on account of mis cash in ones chipsing information, they have recovery rights on proving that losses arises due to incomplete or outside information.\r\nWhereas by means of Securities Act of 1933, Securities and Exchange bearing (SEC) was created which has broad powers & angstrom; authority over all aspects of the securities market inclusive of brokerage firms, transfer agents, and change agencies and even nations securities self regulatory organizations (like New York decline Exchange, the NASDAQ Stock countersinket, Chicago Board of Options, Financial exertion Regulatory Authority etc).\r\nThis act also provides the cathexis with disciplinary powers over various regulated entities and persons associated with them & include provisions for periodic reporting of indisputable information by companies whose shares are publicly traded. A comp some(prenominal) planning for an initial public offering must accuse a lead manager (book runner) who helps to de termine portion price of shares to be issued, which can be do by either of the two methods i. e. ither through lead managers or through analysis of confidential investor requisite data, which is to be compiled by the book runner cognise as book building exploit.\r\nIPO requir es effective planning comprising of development of an impressive management and master team, significant growth of companys business so have known public marketplace, available audited financial statements avocation Internationally assented accounting principles, compliances of various act, good embodied governance practices etc.\r\nVictoria & Quentin fund raise non amount to IPO but a private placement/ patronage in which funds can be elevated non directly from public but through private investors/ merchant bankers or private justice firms on which minimum regulations are applicable & statutory provisions of an IPO are not applicable. Patent: Patent protects an machination which is novel, useful, and non-obvious. Whereas invention refers to any modernistic article, new(a) machine, or any process or combination thereof or any new use developed by forgiving being but that invention must not form part of public domain nd not previously known in the public before inv ented.\r\nIt must be new. Also that invention must be non obvious to person proficient in art. Copyright: Copyrights usually protect the work of an author like writings, music, artistic work or art work which can be show in tangible form. It generally gives protection to software, web, tendency materials, publications, electronically or non electronically, printed or non printed. Trade Mark: Trademarks gives protection to the words, names, marks, symbols, or colors etc. hich signalize between the goods and services and direct to the source of those goods or services.\r\nTrademarks can be renewed forever to the point they can be Trade Secret: A trade secret is an information which the organizations generally cumber secret or undisclosed so as to give them advantage on their opponents/competitors. In the given instances, there is an infringement claim of patent which is design with respect to chip clip for multiple bags of stump spud chips & another is an infringement of C opyright & trademark when to use the words â€Å"Astroclaw”” similar to â€Å" atomic Claw”.\r\nIn order to make case their effective Victoria & Quentin must evidence that, there is no infringement of Intellectual lieu rights. They can give evidence to prove that the designs & music has already been created by them as new without copying and their claims & application filed by Gunnar & Alexander fails to serve the test of patentability. Shareholders defined as individuals or artificial legal person who issued stock/shares in a company with a attend to get benefit with the hope of earning of meshwork by company.\r\nIt is a sort of investment in self-will of company and get rights to the extent of their investment. Whereas stakeholders are the persons who impact by the policies, rule, regulations & working of an organization. This is the broad term comprises of whom an organization directly or indirectly associated with. It referred to as somebody who has stake or interest in actions of the company at large or even small scale. This term in connection with a corporation consists of its staff, employees, customers, supplier, vendors, dealers & society in wider context.\r\nThis is the term generated out of need of suitable corporate governance as well as part of corporate social responsibility. Shareholder owes fiduciary duties to minority shareholders as well as to other stakeholders comprising of society at large, means they must act in their self interest so as to maximise their profits by following corporate governance principles. I support Mr. Garfield as he is the supporter of new ideas of capitalism & believes in restructuring & revivification mechanism of capitalism.\r\nHe believes that instead of running a failing or loss making business, shareholders should accept beneficial proposal so as to cook compulsory winding up which impacted other business. He appears to be an ethical person when d enied to take money from a widow. On the other hand, Mr. Andrew seems to be sympathetic towards employees, workers but actually he not grown up as manger & not taken any action to supersede discard technology & owing to preceding(prenominal) reasons I vote in favor of Mr. Garfield as the organization runs to make profits & if an organization not works well, it must be restructured in a manner so as to maximize wealth of shareholders.\r\n'

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