NOTE: This is only a sample that you can refer to get an idea on how to work on your

assignment. This may not cover all aspects of the requirement. Therefore it is necessary
to read your assignment guide. Best approach is to discuss with your lecturer if need
further information.

Legal Collaborative Research Project

Assessment 3

Word Count: 2312

Group Members:

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Table of Contents
1. Abstract ................................................................................................................. 2

2. Introduction .......................................................................................................... 2

3. Intellectual Property Law ..................................................................................... 3

3.1 Information about Australia IPR system .................................................................. 3

3.2 Process of IPR performed in New-Zealand.............................................................. 3

3.3 Relations between Australia and New-Zealand ....................................................... 4

3.4 Information about trade marks ................................................................................. 5

4. Employment Law AU and New Zealand .............................................................. 6

4.1 Employment Law AU ................................................................................................. 6

4.2 Employment Law NZ ................................................................................................. 7

5. Role of Intellectual Property Law and Employment Law in the business

environment.............................................................................................................. 9

5.1 Role of Intellectual Property Law in Australia and New Zealand's business

environment .................................................................................................................... 9

5.2 Role of Employment Law in Australia and New Zealand's business environment

.............................................................................................................................................. 10

6. Conclusion .......................................................................................................... 11

7. References .......................................................................................................... 12

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1. Abstract

Business legislation are something which governs the policies, plans and operations
of a business to ensure that a business activity are complying to rules and regulation
framed by the government. There are several business legislations, rules and
regulations related with employees, marketing and intellectual property rights etc. This
study will highlight the importance, use and relevance of these laws in business.

2. Introduction

Business laws are a set of rules that are used to save freedoms and rights, resolving
disputes related to business, and setting up concerns related to business. Business
laws are crucial for a pleasant business environment in a country. It solves the issues
related to compensation and safeguards the rights of the owners as well as the
workers. The study aims to document a comparison of the important features of the
business laws related to contracts, employment law, intellectual property law, and
agency law. It also includes the description of employment and intellectual property
law in AU and NZ along with a description of the role of the laws in the business
environment.

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3. Intellectual Property Law

IPR is defined that intellectual property rights which is also considered as the legal
rights and this is provided to the creators for the protection of their invention. Different
country has different regulations regarding IPR. Patent, trade mark, copyright, design,
etc. comes under IPR and there are different fee structures for every factor (Savale,
2018). This right is basically for the protection against innovation ideas of a company
or of a person.

Information regarding fee structure it is different like, in terms for applying for the IPR
fee start from $100 and goes up to $750 (NZ IPR, 2020). In New Zealand they got
local agency or attorney those who inspect the IP registration process; also on the
other hand New Zealand is like a protection of IP rights for international agreements.

3.1 Information about Australia IPR system

Intellectual property rights includes all those things like, patents, designs, etc as
discussed above and the main motive of this right is to promote the innovation among
businesses and people. In the Australia this IP right is governed by the IP Australia
and that is the government agency specially meant for IP rights and legislations (Govt
of Aus., 2020).

The main benefit of this IPR is to protect the innovation so that a company or a person
can be able to gain full economic benefit.

3.2 Process of IPR performed in New-Zealand

There are various steps followed by the NZ government just in the form of operational
function and those are-
• Processing begins by examining the patent, trade mark, design, plant variety
right, etc.

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 • The second thing which is done is the implementation of international
agreements
• Hearing is essential and conducted by the government for processing and the
hearing is all about intellectual property registrations.

On the other hand there are some laws under which the IPR is granted like-
• The trade marks act 2002
• The patent act 2013
• The design act 1953
• The geographical indications registration act 2006 (NZ IPR, 2020)
• The plant variety rights act 1987

In terms of fees it has been changed a little bit now as from 13 February 2020 and
various proposals were made at that time like fees will be increased for renewals as
well as maintenance. Those for high-cost patent services have to pay more fees than
usual. Likewise there are some discounted trade mark applications fees has also been
introduced.

3.3 Relations between Australia and New-Zealand

The very first patent attorney regulatory connection between Australia and New-
Zealand came into action in the year 2017. The application can be made through
Australian patent attorney, or directly to IPONZ (IP Australia, 2020). For design IPR
the application is to be made again directly to IPONZ which can easily be submitted
online without any hassle at all.

Protection for design is available for good amount of time which is for 5 years and if a
party consider about extending then it can be done for maximum 15 years. The strange
thing is that there is process for copyright in Australia as well as New-Zealand as they
automatically takes place at the time of the creation of the eligible work. The protection
of copyright stays for longer term which is about 50 years.

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3.4 Information about trade marks

For trade mark in Australia or New-Zealand it can be filed directly through the Madrid
system for the international registration. For doing business oversees it is essential to
get a registration first. Like Australia, New Zealand also has to follow the “first to use”
rule in order to obtain trade mark rights. It is a really powerful rule which states that
the first person to use a trade mark in New-Zealand will be the one containing superior
rights as compared to the others.

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4. Employment Law AU and New Zealand
4.1 Employment Law AU

The economic performance and viability of investments in the South Pacific region are
heavily dominated by AU and NZ. However, the laws related to employment in both
countries are slightly distinct from each other. The basis of the Australian Employment
law is the Fair Work Act, 2009 which also acts as the basis for the health of the
employees, safety, and work (Influenced by McKeown et al. 2018). It also formed the
basis for the regulation related to non-discrimination. A council named Fair Work
Council was established under this act which takes care of the regulations of the
employment and business-related agreements of the enterprise.

The government of Australia also sets the standard for employment which is
distributed by the employers to all the employees and is known as National
Employment Standards (McKeown et al. 2018). Ten elements of the employees that
are followed by the employers are included in the NES. Some of the important
elements of NES is provided below (all influenced by the Australian Government,
2021):
• A week has a maximum of 38 hours of work.
• An employee has the right to ask for flexible work hours if the employment is
for more than 12 months.
• Unpaid parental leave of 12 months is allowed to the employees and also be
extended to another 12 months if requested.
• Employees are entitled to paid leaves on public holidays.

Trade unions are a very crucial element in the sector of employment in Australia.
They are the representatives of the workers and play an important role in dispute
settlement with the employer. The FWC Act also includes the regulations related to
the trade unions which are as follow (all influenced by the Australian Government,
2021):
• Unions have the representation of the members in proceedings that are
legal.

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 • Unions can enter a premise and check for the standards relate to safety
as per the approval of the government.
• Unions are also allowed to enter a workplace and investigate any sort of
breach in health and safety regulations.

4.2 Employment Law NZ

The government of New Zealand brought changes in employment laws in 2019. In the
new employment law, the government increased the minimum level of the wage up to
$17.70. The Employment Protection and Parental Leave Act make the rules and the
regulations more favorable to the employees.

The Domestic Violence Act provides the legal framework to the employees who are a
victim of the domestic violence. Under this act, a survivor of domestic violence is
allowed paid leave of ten days.

The Employment Relation Amendment Act of 2018 aims to improve the level of
fairness at the workplace which would support the workers in getting good conditions
at the workplace (Forsyth & Howe, 2019). This act also increases the power of trade
unions by strengthening collective bargaining. Under the amendment in this act, the
government includes the following points (all are influenced by the Ministry of Business
Innovation and Employment, 2021):

• The strength of the unions is increased by including a regulation that

salaries of the employees involved in the partial strike cannot be
deducted.
• The vulnerable workers, especially in the catering and cleaning services
are strengthened by including more regulations for their protection
(Rasmussen & Fletcher, 2018).
• The rest breaks for the workers are made compulsory in the amendment.
• Employees are also protected against any type of discrimination in the
membership of the union.

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The government has also introduced a bill related to the entitlement of sick leaves to
the employees. In this bill, the government has proposed a framework of ten day's
sick leaves to the employees who have completed six months at the workplace. The
bill is before the select committee of the parliament now which was introduced in it
December 2020.

The important thing to be noticed in the elaboration of the employment laws that both
governments incorporated a central role for the unions (Forsyth & Howe, 2019). The
reforms introduced by the labor governments in both countries were focused on the
re-collectivization such as Employment Relation Act and Fair Work Act.

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5. Role of Intellectual Property Law and Employment Law in the
business environment

5.1 Role of Intellectual Property Law in Australia and New Zealand's business
environment

Intellectual Property laws in both Australia and New Zealand are vital in not only their
respective commercial environments, but also pertinent when considering the two
democracies' business relations with each other. Intellectual property law in itself has
the capacity to safeguard a business' potential unique selling point that is proprietary
which in turn disallows any other corporation or entity to physically duplicate the
product or service. Australia and New Zealand's joint regulatory system on behalf of
patent counsellors displays the Trans-Tasman relation in their business interests as
well. Along these lines, if an Australian business that was selling a new proprietary
software were to widen their target audience to New Zealand, their privately owned
software would still be covered under the same intellectual property laws, thus,
shielding them from any shape or form of duplication. This unique relationship between
the two countries lies mainly in their geographical proximity to one another that has
allowed for these shared business relations to expand and therefore, their laws not
only intersect, but also make room for innovation and creativity to fuel the economy.
Moreover, it is also interesting to note that applications made to Intellectual Property
Australia for exclusivity rights, which can include anything such as patents, trade-
marks, designs and even plant breeder’s rights, in 2017 can supply a single address
for legal service in either Australia or New Zealand ("Joint regulatory system for patent
attorneys comes into effect" 2017). This displays the cooperative nature of business
laws in the two growing markets and their communal interests to aid business owners
to trade more easily within the market. Additionally, there are also other entities such
as the Intellectual Property Society of Australia and New Zealand Incorporated that
are in essence, a place for disseminating communication and information about
outcomes that are relating to Intellectual Property. The fact that scientific works,
research products, formulas and technological innovations that may form trade secrets
and have valuable applications in the business world are available in different forms
through world-wide web and as protectable properties poses the necessity of a
paradigm shift in policies directed toward intellectual property protection (Eftekhari,

9
2012, p.54). These heavily regulated laws to protect trade secrets and permit
innovation, progression and advancement of scientific theories and ventures in
explorative tools without being bound to the potential threat of being copied, duplicated
or possible theft, whether that may be a material product or an idea that has the
capacity to lead to substantial financial fruition. The rights in both these countries
protect and safeguard the original owners which makes in the perfect platform and
market for pursuing business relations and opportunities.

5.2 Role of Employment Law in Australia and New Zealand's business environment

Employment law in Australia and New Zealand, as aforementioned, are linked in a

myriad of aspects however, they rarely overlap as often and contextually analogous
as the previously discussed intellectual property laws do. The Fair Work Commission
in Australia really set the foundation for both employee and employers who are
employed in the country and establishes a plethora of facets such as minimum wage
which is evaluated and modified on an annual basis. In New Zealand, fairly recently in
2019, raised the minimum wage significantly and carries the potential to succeed that
of Australia. In terms of employees working by the hour, financial prospects in New
Zealand would be a superior choice considering their worker favourable regulations
and directives. Although Aussie's seem to falling short in this area, it does not
necessarily translate into an unwelcoming environment, especially when taking into
consideration the fact that Australia allows employees that have been employed for
over 12 months have the opportunity to be provided with flexible working
arrangements - if they meet the criteria - and also considering the trade unions that
are backing employees. The National Employment Standards are also varied in the
two nations nonetheless share a parallel notion that ensures all permanent
employees, part-time and full-time, must be stipulated with paid annual leave, sick
leave, carer's leave, compassionate leave, parental leave and even long service leave
that can also accumulate. These award systems make it clear that both countries are
invested in their workers and protect them from employers who generally have the
upper hand and may withhold certain rights. What's more, citizens in either country
can work or set up businesses in either country. Therefore, Australia and New
Zealand's employment laws accurately illustrate their interest of openness, supported
by asset responsive administrations.

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6. Conclusion

Australia and New Zealand subjugate the South Pacific zone as far as monetary
financial execution and the sustainability, applicability and attainability of capital or
funding investment ventures. Australia's explosive commercial sectors propel
innovation and New Zealand's transcendence for their facileness of working together
and their contentious enterprise climate attracts organizations from different parts of
the world that are hoping to venture into bankable enterprises. Their sheer
competitiveness aligned with their willingness to work with each other over shared
interests has allowed these neighbouring nations to create a prosperous business
environment.

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7. References

Australian Government, 2021, National Employment Standards Retrieved from:

https://www.fairwork.gov.au/employee-entitlements/national-employment-
standards, [Accessed on: 13th April, 2021].

Forsyth, A., & Howe, J. (2019). Reaching across the Ditch: Similarities and Differences
in the Trajectory of Australian and New Zealand Regulation of Collective Labour
Relations 1988-2018. Victoria U. Wellington L. Rev., 50, 215. Retrieved from:
https://ojs.victoria.ac.nz/vuwlr/article/download/5743/5065

Eftekhari S.R. (2012) Intellectual Property Rights in E-business Environment:

Paradigm Shifts of Legal and Political Measures. In: Khachidze V.,
Wang T., Siddiqui S., Liu V., Cappuccio S., Lim A. (eds) Contemporary
Research on E-business Technology and Strategy. iCETS 2012.
Communications in Computer and Information Science, vol 332.
Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-34447-3_5

Govt of Aus., 2020. Australian Intellectual Property laws. [Online] Available at:
https://www.austrade.gov.au/international/invest/guide-to-investing/running-a-
business/understanding-australian-business-regulation/australian-intellectual-
propertylaws#:~:text=Australia%20has%20a%20well%2Ddeveloped,are%20is
sued%20and%20protected%20natio [Accessed 2021].

IP Australia, 2020. IP protection in New Zealand. [Online]

Available at: https://www.ipaustralia.gov.au/understanding-ip/taking-your-ip-
global/ip-protection-new-zealand [Accessed 2021].

"Joint Regulatory System For Patent Attorneys Comes Into Effect". 2017. LOC
Government. https://www.loc.gov/law/foreign-news/article/australianew-
zealand-joint-regulatory-system-for-patent-attorneys-comes-into-effect/.

McKeown, T., Mazzarol, T., Rice, J., Soutar, G., Hanson, B., & Adapa, S. (2018).
Inspiring future workplaces: An Australian and NZ small business perspective.
Small Enterprise Association of Australia and New Zealand (SEAANZ). www.
seaanz. org. Retrieved from: https://icsb.org/wp-
content/uploads/2018/12/Inspiring-Future-Workplaces-Report-FINAL.pdf

Ministry of Business Innovation and Employment, 2021, Employment Relations

Amendment Act Retrieved from: https://www.mbie.govt.nz/business-and-
employment/employment-and-skills/employment-legislation-
reviews/employment-relations-amendment-bill/, [Accessed on: 13th April,
2021].

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Rasmussen, E., & Fletcher, M. (2018). Employment relations reforms and New
Zealand's productivity paradox. Australian Journal of Labour Economics, 21(1),
75-92. Retrieved from: https://businesslaw.curtin.edu.au/wp-
content/uploads/sites/5/2018/11/AJLE-v21n1-Rasmussen-Fletcher.pdf

Savale, S. K., 2018. INTELLECTUAL PROPERTY RIGHTS (IPR). Research Gate

Online Journal.

NZ IPR, 2020. https://www.iponz.govt.nz/about-ip/patents/fees/. [Online]

Available at: https://www.iponz.govt.nz/about-ip/patents/fees/
[Accessed 2021].

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