On this page, we continue our introduction to the legal implications of business writing by giving a brief overview of copyright, trademark and contract law.
Once again, it is important to be aware that different countries have different legal systems and different laws, although there may be similarities between groups of countries. For example, countries like Canada, New Zealand and Australia have legal systems that are based on traditional English law, called 'common law' [1]. There are still many similarities between these countries' laws today. By contrast, most European countries use a system of law called 'civil law', in which the primary source of law is a legal 'code' which states general legal principles.[2] Other countries may have totally different legal systems, based on their own religions, cultures and traditions.
The concepts outlined here are very brief, introductory generalisations; it is very important to check the precise laws in the country where your business is operating.
In many countries, the creators of written work, images, videos etc. have legal rights to be recognised as the creators of their work and to control how their work is used by others. This is part of the law of intellectual property. It is a very large and complicated topic, which is beyond the scope of this course, but as a communicator in the business world you will need to be aware of at least the basic laws and practices that apply in the country or countries where your business operates.
A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. It is legally recognized as a type of intellectual property.[3]
Trade mark basics, produced by the Australian Government, provides a good introduction to trademark law as it applies in Australia.
As a business communicator, you need to make sure that you do not use any words or expressions - such as an advertising slogans - that are trademarked by another business, otherwise your company could be sued.
- Try to find out what the basic law is on trademarks in your country.
A contract is a legally binding agreement between two or more 'parties' (parties can be individuals or organisations).
- To begin to understand the relevance of contract law to business communication, read these two short articles:
- Contracts and agreements gives a useful overview of business contract law as it applies in the state of Western Australia - many of the principles outlined here have parallels in other regions and countries where the law is based on the English legal system.
- Are emails legally binding? is an interesting article by an Engish lawyer on how an exchange of emails may or may not lead to a contract being created.
- In your country, can a business enter into a contract by email? If so, what features of an email exchange would make it a contract?
- ↑ https://en.wikipedia.org/wiki/Common_law#Common_law_legal_systems_as_opposed_to_civil_law_legal_systems
- ↑ https://en.wikipedia.org/wiki/Common_law#Common_law_legal_systems_as_opposed_to_civil_law_legal_systems
- ↑ https://en.wikipedia.org/wiki/Trademark
