IPR and Registration of business
Paul is about to graduate from university completing a Bachelor of Design in Visual
Communication. Whilst he was studying he had completed some design work for a
medium size company. He is unsure about the direction of his future career: will he
try and find full-time employment; or try to establish his own business; or maybe join
with two other colleagues from university and start a business together.
Paul is aware of some of the intellectual property rights but does not know where to
start when setting up his own business.
Advise Paul on the following:
1. The difference between an employee and an independent contractor and who
normally would own any intellectual property rights.
2. What intellectual property rights would apply, if it is necessary to register, the
length of time of protection, any costs involved and is the protection global or just for
3. The types of business structures available when setting up a business and
recommend which structure you think will suit his needs.
4. Apart from registering the business structure (if required) is there are other
registrations required when setting up the business.
5. Why he may wish to develop a logo, brand name/trade mark and an online
For each of the items above please refer to the substantive provisions of legislation
which concerns the matters raised and where relevant refer to case law. Clearly
state any assumptions in answering the assignment question and provide
HINT: You will need to consider what registrations are required and the cost of such
registrations. Some registrations are necessary irrespective of business structure.
Include costings for initial set up and ongoing costs, in your analysis.
Include also discussion of the importance and link between business name, trade
mark and domain name.
You can write your response in essay format or use a report format. The report
format you will be addressing the report to Paul. Either method you will need an
introduction and overall recommendations. Remember to cite sources of information
using legal referencing style as per the style guide on Moodle.
The marker will be evaluating your assignments based on the following criteria:
• Knowledge/Critical thinking and problem solving:
– correctly identified issues and options available;
– correctly identified appropriate law (legislation and/or cases as appropriate);
– correctly applied the law to the facts;
– providing clear reasoning for the advice you provide in the question.
• Written communication/Presentation:
– Does your assignment have a clear structure?
– Is it free of errors (such as spelling, grammatical or typographical errors)?
– Have presentation guidelines provided in the assignment instructions been
– Have you used a consistent referencing style?
HD Well-structured, referenced and superior discussion of issues raised in
Cited cases, legislation and other material correctly.
Provided accurate costing for various business structures,
registrations and IP registration.
Demonstrated good research skills.
D Well-structured and referencing on the whole good.
Provided reasonable costing information.
Demonstrated understanding of the issues but poorly explained link
between business name, brand name and domain name.
Good discussion of intellectual property rights and process.
CR Reasonable structure.
Discussed the points raised by the assignment question but didn’t do
extra research or provide accurate costing information.
Referencing good but errors made for eg not giving full case and
P Answered all the points but relied on lecture materials
Poor research into options available, only discussed partnership and
company business form.
No costing data provided for the various registrations.
Poor referencing and structure.
FL Didn’t address the issues of the assignment.
Discussion poorly structured. No introduction and reasoning given or
failed to give an opinion as to which structure to recommend.