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Business Law
Why Public Procurement?
Businesses registered in the EU have the right to compete for public contracts in other EU
countries
What is the scope of Public Procurement?
exists both national and EU level, all public contracts must be advertised regardless of what
is being bought
'Alcatel' standstill period
mandatory period of at least 10 calender days following the notification of an award decision
in a contract tendered via the official journa
SD Law
emerging corpus of national and international legal principles and instruments that
address the intersections between international economic
Two Features of SD Law
Interstitial norm, norm 2, and Object & purpose of treaties
Interstitial Norm
reconcile economic development with protection of the environment is aptly expressed with
SD
Interstitial Norm 2
environmental law and the law on development stand not as alternatives but as mutually
reinforcing, integral concepts
EPBD
energy performance of buildings directive
EPBD Requirements
common methodology for calculating energy performance, minimum standards on energy
performance for new buildings and to be renovated
Exceptions to EPBD requirements
officially protect buildings and monuments, buildings used for religious activites,
buildings used for temporary use < 2 years
What can individual EU countries provide?
higher levels of protection if they so wish
How many days can European Working Time Directive entitle?
20 days annual paid leave
What does European workers also get?
rest breaks, at least 11 hours in any 24 hours
EU workers are only allowed to work how many hours in a week?
48 hours
How many type of workers are there?
3; contract for temp, contract for seasonal, contract for self employed
How many contracts are there
2; fixed term and permanent contract
Fixed-Term Contract
definite period of time/project
Permanent Contract
indefinite period of time
What are some ways an employment contract could end?
consent of both parties; end of contract period;termination with immediate effect; death
Liability for unlawful acts?
liability based on fault;strict liability (based on risk) >persons, premises, products,
and animals
Basic Principle
employer is liable for damage as a result for an act or omission-involving one of his employees
during performance of activities
What is outsourcing?
transfer, offshoring
What are the consequences for staff by transferring?
obligatins under the employment contract pass from previous employer, collective
agreements continue to apply
Zero-hour contract?
either fixed or determined, if called up by emloyer must show up for work, after 6 months the
employee will be assumed to have an employment
What are intellectual property rights?
legal rules that concern and regulate a persons rights to creations of the mind
Property Law
the legal rules that concern and regulate a person's right to "things"
Intellectual Property Law
legal rules that concern and regulate a person's rights to creation of mind, non-material
things, your own ideas,
What do you have when you own an IPR?
exclusive rights to manufacture or sell a product, use products name, duplicate work
Copyright
literary and artistic works
Examples of Copyright
literary, dramatic, artistic, musical, films and broadcasts
When is copyright infringed?
person who creates a work
When is copyright infringed?
copy the work, issue copies of work, perform/show work, make adaption
What if the creator is an employee?
when a person creates a work in the course of employment, the employer is the 1st owner of
copyright
What is a patent?
exclusive right to invention, must be registered, protected up to 20 years, products and
processes can be patented
What are the conditions of a patent?
a novelty (not part of state of art), an inventive step, capable of being applied in industry
What is Trademark?
a sign capable of being represented graphically capable of distinguishing goods or services
of one company from those of another
What is a sign that it is not a trademark?
Logo or brand, not distinctive, deceptive, criteria
What are word marks?
name by which the products or services is on the market
What are Device marks?
logos, labels, words in special font
What are shape marks?
3 dimensional shape of a product or packaging (coca-cola)
What are color marks?
single color or combination of of colors>blue gas tanks used for cooking when camping
Are ideas protected by IPL?
no, but can be registered in I-depot to represent someone from stealing the idea
Can intellectual property be freely used without the creators permission?
yes
What can patents do?
protect technology used to develop the product
What can trademarks?
distinguish the product from similar products and protect reputation
What can a copyright do?
protect any artwork and audiovisual creations used to publicize the product
What can a design do?
protect the "look" of the product
What are Mergers and Acquisitions?
regulated methods by which corporations legally unify ownership of assets formerly
subjects to separate controls
Merger
legal consolidation of two companies into one new entity
Acquisition
when a company takes over another completely established itself as the new owner
Asset Purchases
seller sells business assets to the buyer, anything of value that can be converted into cash,
owned by indiduals
Equity Purchases
buyer purchases equity interests in a target company from one or more selling shareholders
Process and Documentation
letter of intent, due diligence process, agreements;conditions, representation and
warranty covenants, termination rights, shareholder app
Antitrust Law
(competition law) are statues to protect consumers from predatory business practices
M &WLaw
affecting the purchase of one company by another (acquisition) or the blending
oftwocompanies into one entity
What is Public Procurement?
buying goods and services on behalf of a public authority
Public Procurement
national and regional level special are of contract, PP law regulates the purchasing by
public sector bodies and certain sector bodies
Public Procurement is tendering:
an invitation to treat, to make a bid
What is public tender?
a tender requested by a public authoriy
What are the two grounds for awarding a contract?
lowest price, the most economically advantageous tender (MEAT)
Lowest Price
the lowest priced tender wins, no other element of the tender may be taken
MEAT
factors other than or in addition to price, like quality, technical merit and running costs
can be taken into account