IPR and Registration of business
ASSIGNMENT QUESTIONPaul is about to graduate from university completing a Bachelor of Design in VisualCommunication. Whilst he was studying he had completed some design work for amedium size company. He is unsure about the direction of his future career: will hetry and find full-time employment; or try to establish his own business; or maybe joinwith 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 tostart when setting up his own business.Required:Advise Paul on the following:1. The difference between an employee and an independent contractor and whonormally would own any intellectual property rights.2. What intellectual property rights would apply, if it is necessary to register, thelength of time of protection, any costs involved and is the protection global or just forAustralia.3. The types of business structures available when setting up a business andrecommend which structure you think will suit his needs.4. Apart from registering the business structure (if required) is there are otherregistrations required when setting up the business.5. Why he may wish to develop a logo, brand name/trade mark and an onlinepresence.For each of the items above please refer to the substantive provisions of legislationwhich concerns the matters raised and where relevant refer to case law. Clearlystate any assumptions in answering the assignment question and provideapproximate costings.5HINT: You will need to consider what registrations are required and the cost of suchregistrations. 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, trademark and domain name.You can write your response in essay format or use a report format. The reportformat you will be addressing the report to Paul. Either method you will need anintroduction and overall recommendations. Remember to cite sources of informationusing legal referencing style as per the style guide on Moodle.
Marking criteriaThe marker will be evaluating your assignments based on the following criteria:• Knowledge/Critical thinking and problem solving:For– 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 beenfollowed?– Have you used a consistent referencing style?%HD Well-structured, referenced and superior discussion of issues raised inthe question.Cited cases, legislation and other material correctly.Provided accurate costing for various business structures,registrations and IP registration.Demonstrated good research skills.>85D Well-structured and referencing on the whole good.Provided reasonable costing information.Demonstrated understanding of the issues but poorly explained linkbetween business name, brand name and domain name.Good discussion of intellectual property rights and process.75-84CR Reasonable structure.Discussed the points raised by the assignment question but didn’t doextra research or provide accurate costing information.Referencing good but errors made for eg not giving full case andlegislation reference.65-74P Answered all the points but relied on lecture materialsPoor research into options available, only discussed partnership andcompany business form.No costing data provided for the various registrations.Poor referencing and structure.50-64FL Didn’t address the issues of the assignment.Discussion poorly structured. No introduction and reasoning given orfailed to give an opinion as to which structure to recommend.<50