A recent question has been asked as to whether or not the United Kingdom is ready to allow gay marriage. The Deputy Leader for Liberal Democrats feels the UK may be on the cusp of ending a long battle for gay marriage campaigners. The deputy leader has said that gay couples are likely to gain what they have petitioned for over these last several years. They may be granted full marriage rights under the current Parliament.
It is a large step to take for the United Kingdom regarding family laws. Not only is it going to be family law, but it is also a human rights case. If same sex couples can get full marriage rights then they should be allowed full human rights laws as well. So if the one happens the other should follow. This is what most are thinking. Those who have actively discussed the issue state no answer has been granted yet, but it is coming. As soon as late 2010 early 2011, there should be a decision on whether to make gay marriage legal or not. The idea is for civil marriage for straight and gay couples to be equal.
Already there is an Article 12 in the European Convention on human rights that state men and women of marriageable age have the right to marry and start a family. The national laws follow the human rights article, but it seems there has always been an issue with the same sex marriage following under this same article. The UK has not allowed article 12 to include gay or same sex marriage. They did have a Civil Partnership Act of 2004 that leaned towards civil marriages for gay couples, but did not remove the restrictions placed on these couples as of yet.
Friday, July 30, 2010
Thursday, July 15, 2010
Discussing Intellectual Property under Commercial Law
Commercial law incorporates numerous topics like intellectual property. Intellectual Property or IP for short is a term regarding certain property rights recognised by commercial law. In this area of law the owner is granted exclusive rights to the intellectual assets such as inventions, discoveries, words, symbols, phrases, or designs. Intellectual property laws include copyrights, patents, industrial design rights, trade secrets, and trademarks.
Intellectual property law was not established until the 19th century as we know it today. However, the UK did have a statute in the early 1700s. The earliest known copyright and patent law was established in the early 1600s. There are two objectives when it comes to intellectual property. The first is financial. Those who have the exclusive rights to IP can increase their wealth by allowing other companies to use their intellectual property for a fee. It can also help a company curve the market in their favour if they have the only intellectual property for something.
The economic growth factor is very important. Those in business will use their exclusive rights to their property to help stimulate the economy. A good example is the technology industry. Consider for a moment televisions. There are plenty of manufacturers for televisions, but each company has a slightly different method for creating the product. Some companies have better technology based on the property rights they own; however, they might sell their intellectual property or share it to help a company.
Franchises are another area where intellectual property in commercial law can be important. In a franchise a person buys the rights to use a brand name/trademark and symbol to help promote a company.
When an employee signs on for a corporate job they may have to give up their intellectual property rights. Anything designed in the company may be exclusively owned by the company rather than the inventor of the design. The reason for this in commercial law is that the employee works for the company to help promote the company, and therefore the projects they work on belong to the company. There have been cases in court regarding IP ownership for this very reason.
Intellectual property law was not established until the 19th century as we know it today. However, the UK did have a statute in the early 1700s. The earliest known copyright and patent law was established in the early 1600s. There are two objectives when it comes to intellectual property. The first is financial. Those who have the exclusive rights to IP can increase their wealth by allowing other companies to use their intellectual property for a fee. It can also help a company curve the market in their favour if they have the only intellectual property for something.
The economic growth factor is very important. Those in business will use their exclusive rights to their property to help stimulate the economy. A good example is the technology industry. Consider for a moment televisions. There are plenty of manufacturers for televisions, but each company has a slightly different method for creating the product. Some companies have better technology based on the property rights they own; however, they might sell their intellectual property or share it to help a company.
Franchises are another area where intellectual property in commercial law can be important. In a franchise a person buys the rights to use a brand name/trademark and symbol to help promote a company.
When an employee signs on for a corporate job they may have to give up their intellectual property rights. Anything designed in the company may be exclusively owned by the company rather than the inventor of the design. The reason for this in commercial law is that the employee works for the company to help promote the company, and therefore the projects they work on belong to the company. There have been cases in court regarding IP ownership for this very reason.
Wednesday, July 7, 2010
Government Cut Backs on Commercial Property
The United Kingdom government has announced their intention of cutting back on the amount of properties they rent. The property industry was able to spend less on taxes during the emergency budget, but it may have been a move to ease the trouble that is about to come. The UK government has announced their intention to close 157 courts. Civil Services occupy 150 office blocks in the UK. The government is also the largest tenant for Land Securities has 24 shopping centres, and 9.7 million square feet of retail and office space in London. There are also 50,000 people that work in these properties they either own or rent from Land Securities.
Civil Services are not the only area looking to save on commercial property costs. The Labour Government has already begun their move to save money. They have managed to find a way to save one billion pounds in property costs alone. The Chief Executive stated they are looking for redevelopment in the property sector for government.
Another problem with the current changes for commercial property is the job losses. Money has become tighter, thus spending has fallen and demand will fall. Retailers will feel their revenue dry up, which will mean downsizing or closure of businesses. It doesn’t affect just the government commercial properties, but everyone.
Concerns have been raised about development of commercial properties. Investing in commercial property will begin to slow down. This means no new developments will occur. With no investments for new properties the commercial places that exist will also see a slow investment period. A lack of money will mean the buildings become older looking. Tenants will be less likely to move into the buildings, and so the cycle will continue.
For now there is no answer to the commercial issues that are coming up. All that is happening is for the government to find ways to save in order to rebound quicker and stop the outflow of non essential expenditures. The government is hoping the saved money can go into more important areas such as trying to re- stimulate the economy.
Civil Services are not the only area looking to save on commercial property costs. The Labour Government has already begun their move to save money. They have managed to find a way to save one billion pounds in property costs alone. The Chief Executive stated they are looking for redevelopment in the property sector for government.
Another problem with the current changes for commercial property is the job losses. Money has become tighter, thus spending has fallen and demand will fall. Retailers will feel their revenue dry up, which will mean downsizing or closure of businesses. It doesn’t affect just the government commercial properties, but everyone.
Concerns have been raised about development of commercial properties. Investing in commercial property will begin to slow down. This means no new developments will occur. With no investments for new properties the commercial places that exist will also see a slow investment period. A lack of money will mean the buildings become older looking. Tenants will be less likely to move into the buildings, and so the cycle will continue.
For now there is no answer to the commercial issues that are coming up. All that is happening is for the government to find ways to save in order to rebound quicker and stop the outflow of non essential expenditures. The government is hoping the saved money can go into more important areas such as trying to re- stimulate the economy.
Monday, June 28, 2010
Commercial Law Document Agency Agreement
Under commercial law there are a number of different documents that can help you in your business. You should familiarise yourself with the various documents you might need to use before you start business relationships. To help you understand some of the commercial laws we are taking a look at the agency agreement, what it is used for, how it can protect you, and why you might want to download an agency agreement template.
An agency agreement is a legal document to create a financial relationship between the principal party and the agent. The principal is bound by law to the agent in which the agent has the power to act on behalf of the principal party. To simplify the statements made- an agent is given the right to act for the principal, regarding certain parameters when the principal cannot act for themselves. There is an implied authority clause as part of the agency agreement.
Let’s look at an example of how this particular document works. There is an auction for classic cars. Unfortunately, you are unable to represent your commercial business. You send a delegate (agent) in your place. This person has the authority to purchase classic cars on behalf of you and your business. The agency agreement will require some very specific clauses to be included. To protect yourself from misuse on the agent’s side, you should outline for how long the agreement will last. If the agency agreement is for a specific instance you should also mention that. You do not want to give carte blanche to the agent.
They could agree to business arrangements you have no intention of doing, and it would leave you open to law suits. Implied authority is also an issue. You might imply a certain amount of authority, but the agent can take that farther than you intended. As a legal document helping you with employment law specifics, you want the agency agreement to be clear and concise. Once it is signed it is legally binding, and you are held to any arrangements the agent makes on your behalf, thus you may want to download the standard template, where you can make modifications when necessary.
An agency agreement is a legal document to create a financial relationship between the principal party and the agent. The principal is bound by law to the agent in which the agent has the power to act on behalf of the principal party. To simplify the statements made- an agent is given the right to act for the principal, regarding certain parameters when the principal cannot act for themselves. There is an implied authority clause as part of the agency agreement.
Let’s look at an example of how this particular document works. There is an auction for classic cars. Unfortunately, you are unable to represent your commercial business. You send a delegate (agent) in your place. This person has the authority to purchase classic cars on behalf of you and your business. The agency agreement will require some very specific clauses to be included. To protect yourself from misuse on the agent’s side, you should outline for how long the agreement will last. If the agency agreement is for a specific instance you should also mention that. You do not want to give carte blanche to the agent.
They could agree to business arrangements you have no intention of doing, and it would leave you open to law suits. Implied authority is also an issue. You might imply a certain amount of authority, but the agent can take that farther than you intended. As a legal document helping you with employment law specifics, you want the agency agreement to be clear and concise. Once it is signed it is legally binding, and you are held to any arrangements the agent makes on your behalf, thus you may want to download the standard template, where you can make modifications when necessary.
Thursday, June 17, 2010
Agency Agreement
If you have a business in which you want to sell products on behalf of another company you will want to enter into an agency agreement. An agency agreement will specify the Agent which sells the products for the Principal. In return for the service of selling these products the Agent receives a commission from the Principal party. Anyone who enters this type of situation must sign the Agency Agreement in accordance with the EU. The Commercial Agents Council Directive Regulations 1993 Act is required by the EU and this agreement references the laws one must adhere to.
The Agency Agreement template found here is available for download. It is quick and simple to download the document and save it for future use. The agreement can be used in England, Scotland, and Wales. There are two types of agency agreements: non-exclusive and exclusive. As you might imagine the non-exclusive agreement allows the principal party to use other agents in order to sell their goods. The difference in the agency agreement to a distribution agreement is that of the commission. A distribution agreement is between a supplier and distributor in which the distributor pays for the goods the supplier has given them. In the agency agreement the agent gets a commission for what they do sell.
There are clauses in the agency agreement which outline the situation completed. As a template the information in the document is generalised, but can be modified for your specific situation. The clauses include the definition of the goods or services being sold, the appointment terms, agent and principal obligations, how to work orders, commissions, the termination requirements, sales targets, and any confidentially requirements.
With a commission arrangement the agent generally has a specific amount of goods or services they must sell in order to keep the agreement in good standing. The sales targets will be specific to the parties involved, so this is any area that can be modified in the template. The termination section might state any sales targets not met could end the agency agreement. Thus if an agent meets the requirements an agency agreement can be extended until both parties wish to end it.
The Agency Agreement template found here is available for download. It is quick and simple to download the document and save it for future use. The agreement can be used in England, Scotland, and Wales. There are two types of agency agreements: non-exclusive and exclusive. As you might imagine the non-exclusive agreement allows the principal party to use other agents in order to sell their goods. The difference in the agency agreement to a distribution agreement is that of the commission. A distribution agreement is between a supplier and distributor in which the distributor pays for the goods the supplier has given them. In the agency agreement the agent gets a commission for what they do sell.
There are clauses in the agency agreement which outline the situation completed. As a template the information in the document is generalised, but can be modified for your specific situation. The clauses include the definition of the goods or services being sold, the appointment terms, agent and principal obligations, how to work orders, commissions, the termination requirements, sales targets, and any confidentially requirements.
With a commission arrangement the agent generally has a specific amount of goods or services they must sell in order to keep the agreement in good standing. The sales targets will be specific to the parties involved, so this is any area that can be modified in the template. The termination section might state any sales targets not met could end the agency agreement. Thus if an agent meets the requirements an agency agreement can be extended until both parties wish to end it.
Wednesday, May 26, 2010
Distribution Agreement
A Distribution Agreement is a commercial contract that is commonly used during the manufacture and supply of goods to distributors. The essence of the Distribution Agreement is to set down the terms by which the distributor shall distribute the suppliers products and the location in which the distributor shall be permitted to do so.
The location is referred to as the territory. The distributor may be permitted by the supplier to distribute the goods in an exclusive area, such as a town or county, whereas non exclusive jurisdiction would mean the distributor can distribute the products anywhere, and may even compete against the suppliers other distributors, if there are any. Exclusive jurisdiction may be beneficial as a means of control and consistancy. the distributor may require that the supplier does not allow any other distributor to sell those goods in the same area as the distributor distributes those goods. On the other hand, the tighter the hold the distributor has, the more it may demand that the cost of the goods be cheapened. this is because during the usual course of business dealings between the supplier and distributor, the distributor will purchase the goods from the supplier and resell the goods on to consumers or other companies. Occassionally, the supplier will agree for the distributor to pay them when they have sold all of the goods. This is a better way for the supplier to attain a reasonable return on the goods manufactured, however it is not as reliable and consistent as taking a smaller, regular price from the distributor at the outset prior to goods being resold by the distributor for a profit.
A Distribution Agreement can be a costly document from high street solicitor, so it is important to explore all available avenues to be able to potentially expand the suppliers comapny to incorporate the use of outsourced distributors. Such an agreement can be purchased as a template from a variety of online stores. A template Distribution Agreement can still be just as concise and legally binding as an expensive solicitor firms, however, a do-it-yourself template is still just as consice, and not as complicated as you may at first consider. Just fill in the blanks to customie tou you individual situation.
The location is referred to as the territory. The distributor may be permitted by the supplier to distribute the goods in an exclusive area, such as a town or county, whereas non exclusive jurisdiction would mean the distributor can distribute the products anywhere, and may even compete against the suppliers other distributors, if there are any. Exclusive jurisdiction may be beneficial as a means of control and consistancy. the distributor may require that the supplier does not allow any other distributor to sell those goods in the same area as the distributor distributes those goods. On the other hand, the tighter the hold the distributor has, the more it may demand that the cost of the goods be cheapened. this is because during the usual course of business dealings between the supplier and distributor, the distributor will purchase the goods from the supplier and resell the goods on to consumers or other companies. Occassionally, the supplier will agree for the distributor to pay them when they have sold all of the goods. This is a better way for the supplier to attain a reasonable return on the goods manufactured, however it is not as reliable and consistent as taking a smaller, regular price from the distributor at the outset prior to goods being resold by the distributor for a profit.
A Distribution Agreement can be a costly document from high street solicitor, so it is important to explore all available avenues to be able to potentially expand the suppliers comapny to incorporate the use of outsourced distributors. Such an agreement can be purchased as a template from a variety of online stores. A template Distribution Agreement can still be just as concise and legally binding as an expensive solicitor firms, however, a do-it-yourself template is still just as consice, and not as complicated as you may at first consider. Just fill in the blanks to customie tou you individual situation.
Monday, May 10, 2010
Loan Agreement
A Loan Agreement is not a compulsory legal document. A loan can be made with only verbal directions being relied upon. However, it is always advisable to have an agreement of any kind in writing and signed by each party belonging to it to evidence the agreement made and to provide support should a dispute regarding the agreement occur between the parties. Once signed, a written loan agreement shall be legally binding.
A typical loan agreement creates a legally binding contract for an unsecured loan. Should you wish to have a secured loan in place, such as a mortgage, debenture or similar normal loan charge, a secured loan agreement should used instead to ensure the agreement is legally enforceable.
It is possible to get loan agreement templates online that you can customised to suit your needs depending on the type of loan you are entering into, whether you are the lender or the borrower, i.e. the creditor or the debtor.
In business, loans are frequently sought to encourage the development of a business. The classic saying ‘spend money to make money’ is often true in the case of borrowed money in business, whereby a company may borrow to be able to expand into bigger premises and take on more staff.
A loan agreement can be used by either a business, partnership or an individual, to create either personal or commercial loan agreement. A loan agreement can also include a clause to incorporate interest rates and what happens in the event of a default payment by the borrower.
A typical loan agreement creates a legally binding contract for an unsecured loan. Should you wish to have a secured loan in place, such as a mortgage, debenture or similar normal loan charge, a secured loan agreement should used instead to ensure the agreement is legally enforceable.
It is possible to get loan agreement templates online that you can customised to suit your needs depending on the type of loan you are entering into, whether you are the lender or the borrower, i.e. the creditor or the debtor.
In business, loans are frequently sought to encourage the development of a business. The classic saying ‘spend money to make money’ is often true in the case of borrowed money in business, whereby a company may borrow to be able to expand into bigger premises and take on more staff.
A loan agreement can be used by either a business, partnership or an individual, to create either personal or commercial loan agreement. A loan agreement can also include a clause to incorporate interest rates and what happens in the event of a default payment by the borrower.
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