Ip Law Essay

1520 words - 7 pages

As an employee of ARUM LTD if Melissa was to make any potential claim against employers her cases would be grounded among two legal areas; maternity and family friendly rights.

Pregnant women and new mothers enjoy a wide but complex set of legal rights which regulate their relationship with their employers. All women who get pregnant have fundamental legal rights with their employer which cover; time of for antenatal care, leave for maternity and safeguard from unjust dismissal.
Regulation 7 of The Maternity and Parental Leave etc. Regulation 1999 states that all female employees, regardless of length of service, are entitled to take Ordinary Maternity Leave (OML), the first 26 weeks of pregnancy, and Additional Maternity Leave (AML), the second 26 weeks. In this circumstance, Melissa specified to her line manager that she would take both OML and AML. This was agreed by the line manager and all the procedures duly completed.
Section 71(4)(a) of the Employment Rights Act 1996 states that Melissa ‘is entitled to the benefit of the terms and conditions of employment which would have applied if she had not been absent’. In the unlikely event that Melissa had signed a new contract of employment on the day of her leave stating otherwise, Melissa was still bound by the same existing contract agreement prior to her pregnancy, ARUM Ltd would be in breach of contract of employment, by withdrawing the company car.
Mellissa’s long and difficult journey home by public transport from her baby shower can be perceived as detriment to her health as her keys to the company car were taken away from her abruptly; leaving her with no choice but to take an alternative harmful route home. As highlighted in S47C an employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer because she is pregnant or maternity leave.

Ordinary Maternity Leave begins on the day she notified her employer that she wanted it start, which happened to be December 2012. OML provides Melissa with 26 weeks off work. Should Melissa solely of requested for OML, her employee position at ARUM Ltd would have remained the same (in accordance with her contract of employment prior to her pregnancy).
However Mellissa took both OML and AML, meaning her duties and responsibilities are applicable to change and similarly become restricted.

A ‘return back to work’ after AML is slightly different then to OML. MPL (Reg 18) state that a woman returning to work after taking any additional maternity leave has
the right to return to “the job in which she was employed before her absence”
unless this is not reasonably practicable in which case she should be offered
“another job which is both suitable for her and appropriate for her to do”.
The same regulation specifies that any suitable alternative job should be on
no less favourable terms and conditions – including with regard to
remuneration – and should have the same seniority, pension...

Find Another Essay On IP Law

Explain what IPv6 is, and why it is being developed?

919 words - 4 pages The Transmission Control Protocol/Internet Protocol (TCP/IP) is a protocol for sending information across sometimes-unreliable networks with the assurance that it will arrive in uncorrupted form. TCP/IP allows efficient and reasonably error-free transmission between different systems and is the standard protocol of the Internet and intranets. It is usually used throughout the Internet. In other words, the Internet does not use much-vaunted Open

SOPA: Censorship's Sweetheart Essay

1253 words - 5 pages the company and advertising money. The answer is simple. What Wikipedia is trying to do is raise awareness about two bills: the Stop Online Piracy Act and the Protect IP Act, or SOPA and PIPA (Wikipedia, “Stop Online Piracy Act, Protect IP Act”). Soon after Wikipedia, other websites joined in the protest, with Internet search engine giant Google blacking out it’s colorful logo and smaller sites like Reddit and BoingBoing joining Wikipedia and

Compare and analyse China against France on how IP is adopted to protect ICT innovation & entrepreneurship, from legal perspective

2712 words - 11 pages in the name "collectivization and common ownership". In the period of the economic reform in 1978, China reinstated old IP laws.( Sameer,2007) However, the intellectual law is not faultless. Besides the Chinese government was willing to entry the World Trade Organization, improvement of the IP law had been a main issue for the Chinese government.2.1.2Culture PerspectiveAs mentioned above the Chinese Confucian teachings have an idea that copying is

Bug, Inc. Paper

1089 words - 4 pages Property (IP) bundles exclusive rights of a company's inventions or ideas of the human mind. IP laws contribute to economic growth because they allow companies the freedom to share their creations without fear of being copied. Industries that rely on IP protections produce 72% more value than non-IP industries. The IP concept helps to strengthen correlation between foreign countries and the U.S. (Wikipedia).The Paris Convention of 1883 recognized

BUG, INC. Paper

1069 words - 4 pages addressed and resolved prior to making their decision (Alsup).For beginners lets discuss the various types of legal protections that are necessary for Bug to consider expanding sales. In 1967 the World Intellectual Property Organization (WIPO) was established to administer the following treaties (WIPO). Intellectual Property (IP) bundles exclusive rights of a company's inventions or ideas of the human mind. IP laws contribute to economic growth

Piracy: Too expensive to stop. This debate essay will try to prove why the governemnt shouldn't be cracking down on piracy.

752 words - 3 pages . This will lead to increased piracy. Prosecuting the people and imprisoning them would take up space in jail that could have been used by someone with a for worse charge. "California currently has their 'three strikes, you're out' law in effect. This law states that any person charged three felonies, no matter how small will be automatically sentenced to life in prison" (Mullins). Since it started, hundred of thousands of people have been

Understanding Online Sexual Harassment

3803 words - 15 pages /garcia.html Hatcher, Michael, Jay McDannell and Stacy Ostfield, "Computer Crimes," American Criminal Law Review vol 36 (Summer 1999) 397 - 444 Online. Available from WestLaw database Journals and Law Reviews, file: AMCRLR Hudson, David, "Federal Court Rules That Annoy.com May Continue to Annoy," Freedom Forum (Sept. 1998) 1-2. Online. http://www.freedomforum.org/speech/1998/25annoy.asp "Welcome to IP @ AT&T," IP@ AT&T. Online http

Knowledge Management to Intellectual Capital to Intellectual Property.

3483 words - 14 pages creature of municipal law. International law does not create it. International law, however, set down guidelines for its uniform definition and protection, and it sets up ways that make it easier for owners to acquire rights in different countries.' (August 4th Ed.). Intellectual Property law allows people to own their creativity and innovation and it offers the original inventor an exclusive right to their invention. Examples of IP are patents and

America's Inventive Spirit: Focus on the different types of intellectual property and the impact of counterfeit and thief of intellectual property has on our economy.

2844 words - 11 pages . Government protection in the form of Intellectual Property Rights encourages investing in research, which helps our nation. Focusing on the different types of intellectual property and the impact of counterfeit and thief of intellectual property has on our economy, will help us as a nation thrive towards a more rewarding future.Intellectual property, often known as IP, is intangible property that is the result of creativity developed by the use of

What is the FTAA and How Does It Affect Me?

968 words - 4 pages Corporation for Assigned Names and Numbers (ICANN). Americans would no longer be able to go to their local public courts to regarding rights over their Internet domain names.While I agree that the FTAA has some good qualities, this new proposal to the Intellectual Property Rights chapter seems to be very unfair to me. It should be against the law to share music with my friends. I join the IP justice and agree that this new proposal should be

Intellectual Property

1129 words - 5 pages of economic power. The intellectual creations protected through patents, trademarks, copyrights etc., constitute often a huge part of the companies' intangible assets.There are different kinds of Intellectual Property with which usually come different regulations. Two examples of Intellectual properties are; copyrights and patents. Copyright being the law that prevents an individual to copy or use somebody's work without their permission or

Similar Essays

Business Law Intellectual Property (Ip) Essay

1432 words - 6 pages menu design. She also claims that he has copied the slogan 'Every bite is like a kiss from a lover' from her website. Johnny insists that he did not deliberately copy the La Rochelle website; although it was one of the websites he looked at when he was planning his own. Is the La Rochelle website, including the slogan, protected by copyright law? If so, has Johnny infringed Rochelle's copyright?ISSUES:Is the La Rochelle website, including the slogan

Ip Address Essay

1399 words - 6 pages TOPIC:IP ADDRESS Cyber Law & Information Security The address of a computer on the Internet is commonly referred to as the IP Address (Internet Protocol). It's a 32 bit (4 bytes) number normally written as follows: xxx.xxx.xxx.xxx Since a byte can represent any number from zero to 255, the least and the maximum IP address possible are: to Understanding IP Addresses Understanding IP Addressing is necessary

Robert Kahn And Tcp/Ip Essay

1763 words - 7 pages . Sometimes, a less professional application would sneak into the Internet. Personal email was becoming common, and there were some hackers who wrote network games and other recreations. The Internet’s intent was only for official business, which was even a law. However, people started rethinking the Internet’s purpose. () After Robert Kahn and Vinton Cerf’s version of TCP/IP, four better versions of TCP/IP were developed. The four versions were TCP v1

Professional Issues In Computing: Intellectual Property In The Computing Industry

1035 words - 4 pages Intellectual PropertyIntellectual property, often known as IP, allows people to own their creativity and innovation in the same way that they can own physical property. The owner of IP can control and be rewarded for its use, and this encourages further innovation and creativity to the benefit of us all.In some cases IP gives rise to protection for ideas but in other areas there will have to be more elaboration of an idea before protection can