Business Law: A Comparative Study of Australia and Singapore
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Added on  2023/06/18
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This report analyzes the relationship between Australia and Singapore laws in the context of business law, including contract law, intellectual property laws, and employment law.
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Contents INTRODUCTION.......................................................................................................................................3 MAIN BODY..............................................................................................................................................3 Federal law of Australia and Singapore...................................................................................................3 Intellectual property laws........................................................................................................................3 Contract law............................................................................................................................................4 CONCLUSION...........................................................................................................................................5 REFERENCES............................................................................................................................................6
INTRODUCTION The business law can be defined as the legislation which encompasses all laws which dictate as to how the businesses can be formed and run. It governs how to start up a business, manage, sell or close any entity of business and each of the organization is bound to follow it so that it do not face any hardship or legal consequences which may affect its goodwill. It is broad fieldwhichcomprisesof variouslegislationssuchascontractlaw,intellectualproperty, employment law, etc. (Sharma & Pfitzner, (2018)). This report will deal with the salient aspects of the law which relates to employment, contract, and intellectual property laws. It also analyses the relationship between Australia and Singapore laws so that the business can be done. MAIN BODY Federal law of Australia and Singapore There are three levels of the government in Australia which works together in order to provide services to its citizens. These three levels include Federal Parliament which makes law for whole of the Australia, territory Parliament which makes laws for particular territory or state and local council which makes law for a particular district or region. Section 51 and 52 of Constitution provides for the law making powers of Federal Parliament. It provides 39 areas over which federal parliament can enact the law which includes immigration, defense, taxation, currency, etc. In Singapore, its legal system is based on English common law system. There are major areas of the law such as contract, equity, property law, administrative and tort law which are judge made law but there are many aspects which are being modified to some of the extent by the statutes. The judges refer to the relevant Singaporean cases and English case laws wherein the issue pertains to traditional common law. There are three sources of law which includes legislation, judicial precedents and the customs (Yang, (2018)). Intellectual property laws In Australia
These are the rights which are provided to creators of work for protection of their invention. Every country has different regulations for IPR. In Australia, IPR is governed by IP Australia which is the government agency that is meant especially for the IP rights and the laws. It provides patent, trademark, design, copyright and domain name protection to the people and businesses so that they can carry out their functions effectively. In copyright, there is automatic protection given to the work under the law and no registration is required and time period of 50 years. Although some exemptions are present in making use of the copyrighted materials. For design protection, registration is required to be made with Designs Office of IP, Australia. The time period is maximum of 15 years. For domain name, the internet address which ends with .au is registered in Australia and is regulated by .au Domain name administration (Forsyth, (2021)). In Singapore It has the comprehensive legal framework and the supporting infrastructure for the protection of patents, trademarks, copyrights and other kinds of intellectual property. The Patent Act of Singapore is based on UK law which also protects the patent internationally under PCT. Once registered, it can be used, sold or licensed. Then is Copyright Act which protects original work such as sheet music, computer programs, paintings and performances. Then is trademark act wherein trademarks can be protected and alternatively, protection can be seeked without making registration of it under common law right of the passing off (Sheldon & Thornthwaite, (2020)). Patents are protected for 20 years, trademarks for 10 years, copyright for lifetime of author plus 70 years and designs are protected for 5 years and be renewed for maximum 15 years with 5 years at a time. Contract law In Singapore Under the law of Singapore, the contract can be formed when one party makes an offer and other accepts it, there is also consideration passed between parties and the parties must have legal intention to create the relation and a presumption is taken in the commercial contracts that parties have legal intention while in social contracts, opposite presumption is raised(Sivani, (2019)). In Australia
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The contract law of Australia is not codified nor it is governed by single legislation, rather it is regulated by the common law, and overseen by courts. The basic principle of this legislation is freedom of contract wherein the parties are at liberty to strike any bargain they want. Relationship of laws between Singapore and Australia In Singapore and Australia, when discussing about contract law, Singapore has the statutory piece of law which provides for the essential requirements to contract while in Australia, there is liberty govern to parties to bargain their own terms and both the laws of countries are derived from English common law. For intellectual property laws, both countries have separate legislations for each IP but they vary with their term of protection. For instance, copyright protection in Australia is 50 years and there is automatic protection while in Singapore, the time is lifetime of author plus 70 years and there is no automatic protection (Vitis, (2020)). CONCLUSION It is concluded from this that the business legislation governs the regulation on businesses in the country and comprises of various laws on each subject. Both Australia and Singapore has separate laws and each have their own flexibility while dealing with disputes or issues relating to business or industry.
REFERENCES Books and Journals Forsyth, A. (2021). ‘Prova di Solidarietà ’: How Effectively are Unions and Emerging Collective Worker Representatives Responding to New Business Models in Australia and Italy?. InTheCollectiveDimensionsofEmploymentRelations(pp.205-238).Palgrave Macmillan, Cham. Mohyuddin, S., and et. al., (2021). The challenge of skilled expatriates from the Indian subcontinentlosingintellectualcapitalinAustralia:resolvingthecrisisof habitus.Journal of Intellectual Capital. Sharma, R., & Pfitzner, D. (2018). Microbusiness in Australia: Driver of Growth or a Poor Cousin? Lessons from the International Experience. In3rd International Conference FOBE 2018. Sheldon, P., & Thornthwaite, L. (2020). Employer and employer association matters in Australia in 2019.Journal of Industrial Relations.62(3). 403-424. Sivani, K. M. S. (2019). Critical Analysis of the Effects of Regulations under Competition Law on Mergers and Acquisitions: A Comparison of the India, EU, US and UK Laws.Journal of Corporate Governance and International Business Law.2(2). Vitis, L., (2020). Private, hidden and obscured: Image-based sexual abuse in Singapore.Asian journal of criminology.15(1). pp.25-43. Yang,D.,(2018).EvaluatingtheCriminalisationofHIV/AIDSNon-DisclosureLawsin Singapore.Sing. L. Rev..36. p.136.