世纪商务英语

阅读教程
（专业篇Ⅱ）

Business Law
Unit 1

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 Lead-in
Laws are, in essence, rules developed by society to
regulate the conduct of its members. The legal environment
of business includes all laws and regulations dealing with the
activities of business and the conduct of businesspeople.
Commercial law is, therefore, the law of a country as applied
to any kind of business activity. It includes among its many
branches, the law of agency, banking and bankruptcy,
company and partnership law, the law of contract, import and
export, insurance, copyrights, designs, patents, and trade-
marks, and the sale of goods.

After studying this unit, you will be able to:

◇ Explain the legal environment of business.
◇ Discuss international business law.
◇ Understand protection of intellectual property rights.
Text A The Legal Environment of
Business
1. Definition
2. 3 measures in the resolution of legal problems

3. The Modern Business Environment

4. Important global concepts

5. Legal and Ethical Framework

6. Government Regulations

7. Today’s Demanding Business Environment

8. Importance of the Commercial Law

The Legal Environment of Business
Definition

 It is defined as the attitude of the government toward business; the

historical development of this attitude; current trends of public
control in taxation, regulation of commerce and competition;
freedom of contract, antitrust legislation and their relationship to
marketing, mergers and acquisitions; and labor management
relations.
The Legal Environment of Business
3 measures in the resolution of legal problems:

Planning
Planning

Prevention the
theresolution
resolutionof
of
Prevention
legal
legalproblems
problems

Managerial
Managerialparticipation
participation
 The Legal Environment of Business
The Modern Business Environment
5 factors such as:
Shape
Light

Quality The Modern Business

Environment

Color

Material
The Legal Environment of Business
Important global concepts

1 2 3
The interplay among The judicial system Torts and business
business, ethics, and conflict crimes.
and law and resolution.
between legal
reasoning and
research.
 The Legal Environment of Business
Legal and Ethical Framework
The manager makes business decisions with

1. the regulatory environment

2. contracts
3. business torts
4. partnership and corporations
5. anti-trust

6. environmental law

7. employment law

8. ethical considerations in business

 The Legal Environment of Business
Government Regulations
Concerning
1. Safety

2. The environment
3. Antitrust
4. Anti-discrimination
5. Financial trading

6. Health care

7. Price controls
The Legal Environment of Business

Today’s Demanding Business

Environment

The utilization of skills and knowledge of the

whole human capital of an organization is a
requirement for success.
 The Legal Environment of Business
Importance of the Commercial Law
1. It offers a normal business environment and strong legal
guarantee to operators.

2. It brings the new opportunity to development of enterprises.

3. It embodies the respects such as a new enterprise's setting

up, trade operation permission, credit obtaining, and tax
system, etc.
Text B International Business Law
1. The scope of business law
2. The focus of International bushiness law

3. Legal System of International Business

4. Challenges in the GATS Negotiations

5. Globalization

6. International Commercial Affairs

7. International Commercial Law System

 International Business Law
The scope of Business
Law
Business Law consists of:
1. Sources of Law 11. Employer's liability
2. European Union Law 12. Individual employment rights
3. Contract Law 13. Consumer credit
4. Agency and Partnership Law 14. Sales of goods
5. Company Law
6. Alternative dispute resolution
7. Contents of contracts
8. Vitiating factors in contract
9. Discharge of contracts
10. Negligence
 International Business Law
International Business Law Focusing on:

1. Public international law

2. Financial law
3. International trade agreements
4. International contracts
5. Treaties and conventions
6. Immigration and citizenship law
7. Taxation
8. Arbitration and litigation
9. International justice administration
10. Breach of contracts and damages
 International Business Law
Legal system of international business
It consists of:
1. validity of international sales contract
2. the offer
3. the acceptance
4. formation of contract
5. consideration to perform a promise
6. genuine consent to mistakes
7. terms of contract
8. remedies for breach of contract
9. international sales of goods
10. terms of trade
Legal system of international business

11. documentary L/C

12. seller’s obligation of guarantee of
quality of goods
13. seller’s obligation of guarantee of real
right of selling the goods
14. buyer’s obligation of payment
 International Business Law
Legal system of international
business
It consists of:
11. remedies on delivery of goods by
installments
12. the buyer’s fixing an additional period of time
to the seller
13. buyer’s remedies
14. seller’s remedies of real remedies
15. transfer of property of the goods
16. passing of risks
 International Business Law
Legal system of international
business
It consists of:
21. excuses for nonperformance
22. product liability law
23. historical development of products
24. agency of necessity
25. breach of implied warranty of authority
26. the effect of a contract made by an agent
27. duties of agent
28. duties of agent to principal
29. termination of agency
 International Business Law
Challenges in the GATS
Negotiations
For the least developed countries, they face
1. the perils of bad contract drafting
2. the irony of dispute-resolving
3. provisions becoming the cause of dispute
4. private antitrust litigation in Germany
5. a critical appraisal of the modernized law against
restraints of competition
6. debt trap
7. parallel trade in the EU and US pharmaceutical markets
8. debtor’s failing to reject trust indenture as executory
contract
 International Business Law
Globalization

It refers to the process of minimizing barriers

and encouraging economic, political, and
social interaction between countries.
 International Business Law
International Commercial Affairs

It concerns the developing trend of

globalization, harmony, security and convenience.
 International Business Law
International Commercial Law
System
It develops with two characteristics as
1. The field in which International Commercial Law involves
is more and more extensive.
2. On the basis of inter-dynamic mechanism among
international treaty and convention, customs and usages of
international trade, domestic law, the law of the trade of
commercial affairs concerning foreign affairs of various
countries will be unified day by day.
Text C Protection of Intellectual Property
Rights
1. What is intellectual property, anyway?
2. The total seven component parts of intellectual property rights

3. The Protection of Intellectual Property

4. How to protect them?

5. Who hurts and who gains when copyright is infringed?

6. Why do they protect it?

7. The Difficulties of the protection

8. Discussion
Protection of Intellectual Property Rights
What is intellectual property,
anyway?
1. It refers to just about anything you can think up and express,
and which you might be able to make some money from.
2. In our country, and in most others, the government protects
assets created by the intellect in a variety of forms.
3. In other words, the person who comes up with these
imaginative inventions of the mind has certain rights in them.
Others cannot make use of them.
4. Generally speaking, without permission, they are usually
procurable by the payment of money
5. It will focus on copyrights, leaving aside patents and
trademarks.
 Protection of Intellectual Property Rights
The total seven component parts of
intellectual property rights
1. copyright and adjoining rights;
2. trademark rights;
3. geographical indications;
4. industrial design;
5. patent rights;
6. wiring diagram designs of integrated circuit;
7. undisclosed secrets (including business secrets).
Its key forms are patents, copyrights, trademarks,
and trade secrets.
 Protection of Intellectual Property Rights
The Protection of Intellectual
Property

The developed countries protect

inventions; literary and artistic works; and
symbols, images, names, and designs used
in commerce--the information and original
expressions of creative individuals.
 Protection of Intellectual Property Rights
How to protect them?
The government must punish illegitimate producers
seriously. And the government also has to improve
enforcing the law both in cities and countries.
1. The aspect of legislation
2. Law enforcement and justice
 In the aspect of civilians, we have to supervise the
retailers. People use intellectual property laws and
the mechanisms by which intangible assets are
protected
Protection of Intellectual Property Rights
Who hurts and who gains when
copyright is infringed?

The copyright holder is not paid for his

work and the seller of an unauthorized work
profits while people fail to uphold the law.
 Protection of Intellectual Property Rights
Why do they protect it?

Because they know safeguarding these

property rights fosters economic growth,
provides incentives for technological
innovation, and attracts investment that will
create new jobs and opportunities for all
their citizens.
 Protection of Intellectual Property Rights
Difficulties of the protection

People whose work is essentially intangible

face more difficulties in earning a living than
those whose work is tangible.
Protection of Intellectual Property Rights
Discussion

 What will you do once you see anyone

selling pirated products?
 Call the police or don’t buy them.