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Business - 10 05

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You have been appointed as a Health & Safety officer in Harry’s Restaurant.
Identify and explain the employer’s duties to ensure the work environment is a
safe place to work.
‘Every employer shall ensure, so far as is reasonably practicable, the safety, health and welfare
at work of his or her employees.’
Ensuring health and safety in the workplace is an important task for all employers. An employer
must manage and conduct work activities in ways which prevent improper conduct that is likely
to put the safety or health of the employee at risk. The Health and Safety Authority is the
organisation overall responsible for the security of health and safety at work. Any employer who
has control in the workplace should reference the Health, Safety and Welfare Act 2005 to
prevent the risk to an individual's health at the workplace. Every employer should:
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Identify hazards and risks in the workplace to decrease the risk of an injury
Assess all risks to prevent the hazard occurring.
Apply control measures to reduce the risk of hazards in the workplace
Produce a safety statement including all control measures, emergency plans and safety
representatives
● Update the statement as new risks develop.
To ensure the safety of all involved in Harry’s restaurant, certain things have to be taken into
consideration both in the kitchen and on the floor. When assessing the risks in the restaurant,
the problem should be removed, isolated or the practice should be improved. For all employees
involved in the kitchen and on the floor, an employer should:
● Have proper ventilation systems and have them serviced regularly. The ventilation
system clears smoke from the kitchen that could be harmful
● Provide proper training for all machinery and heavy lifting. The risk of employees
straining their backs or pulling any muscles is kept to a minimum in the workplace if they
have the proper training
● Have the machinery serviced regularly
● Have a service plan in order that has designated food stations
● Ensure all employees have proper Personal Protective Equipment (PPE) such as gloves,
hair nets, non-slip shoes, suitable jackets etc.
● Provide universal signage to highlight risk assessed areas
● Give appropriate cleaning equipment and PPE suitable
● Make sure all walkways and doorways are clear
● Have appropriate first aid kits that are checked regularly
● Provide proper training for all employees in basic first aid
● Put emergency plans in place that highlight correct fire extinguishers and fire blankets
fitted
● Ramps and steps clearly marked
● Proper training for all senior staff in how to deal with harassment complaints, with a fair
and impartial complaint handling system in place
● A copy of the Health, Safety and Welfare Act 2005 and safety statement available to all
employees.
Identify and discuss the basic intellectual property rights that a business should
be aware of when protecting the business’ intellectual assets.
Intellectual property rights give the creator an exclusive right to their creations for a certain
period of time. Just as the law protects physical assets such as personal property, intellectual
property protects inventions, designs and artistic works such as software, brands, music,
performance rights etc. Intellectual property branches out into different categories that are
specific to what you’re trying to protect. The purpose of intellectual property rights are to
encourage people to introduce their creative works to society without the fear of
misappropriation. Intellectual property branches out into different categories
● Patents - any new improved product or process eg. software
● Trademarks - any source identifier of a product or service eg. Starbucks logo
● Copyrights - creative expressions embodied in a tangible medium eg. music, books,
software code
● Trade secrets - valuable information that is not generally known
Infringement is the unauthorized use of intellectual property.
Patents
A patent ensures a business the right to stop others from exploiting their invention for a short
period of time. An invention that qualifies for a patent can be manufactured goods, technological
improvements, new machines and even the design of a product. There are 2 types of Irish
patents available. A long term patent and a short term patent. Long term patents give the
inventor protection up to 20 years while short term patents give them up to 10 years. It’s
required to register the patent to ensure the invention is protected. An example of a patent
infringement case was the legal battle between Apple and Smartfish. The company claimed that
Apple infringed 3 of their 7 patents involving digital rights management, data storage and
managing access to payments. A federal jury awarded Smartfish with $532.9 million.
Trademarks
A trademark is the symbol a company uses to distinguish themselves from other companies.
This symbol can be a sign, design or expression that identifies the company. Examples of a
recognizable trademarks are the Nike tick, Mickey Mouse ears, Starbucks lady, Apple, etc.
Consumers generally make their purchasing choices based on the recognizable trademarks of
companies. The reason their is a trademark law is to cut out the confusion between companies
with similar trademarks. Registering your trademark will give the company an exclusive right.
Registering your trademark provides legal certainty. In Ireland, you can register your trademark
in the Patents Office. They advise a company to research the Trademark Database to ascertain
whether a similar trademark has already been registered, or is pending registration. A trademark
usually lasts up to ten years. An example of Trademark infringement is the legal battles between
Apple Corp and Apple Inc. Apple Corp was the first on the scene before Steve Jobs started
Apple Inc 8 years later. ​ Apple Inc. agreed to pay Apple Corps a cash settlement and to stay out
of the music business. But when iTunes was invented, the war heated up again. They came to a
settlement after Apple Inc. agreed to purchase Apple Corps’ trademark rights and then license
them back to the music company.
Copyrights
Copyright is the legal term which describes the rights given to creators of their works. Copyright
law protects
● o​riginal literary, dramatic, musical or artistic works for 70 years after the author's death
● sound recordings, films for 70 years after the author's death
● Broadcasts for 50 years after it was transmitted
● the typographical arrangement of published editions for 50 years after it was made to the
public
● computer programmes for 70 years after made to the public
● original databases for 70 years after made to the public
The copyright owner has the right to prohibit others from copying the work, performing the work,
making the work available through broadcasting or recordings and making an adaption of the
work. The Copyright and Related Acts 2000 list the objectives of the copyright law. ​An example
of Patent infringement is the lawsuit between the Marvin Gaye estate and the singers Robin
Thicke & Pharrell Williams. The Gaye family protested that the artists copied Marvin Gayes ‘Got
To Give It Up’ song in their song ‘Blurred Lines’. The artists contradicted each other in their
statements and the final ruling gave the Gaye family $5.3million along with 50% of the royalties
for copyright infringement in December 2015. The judge's legal ruling defies the traditional rules
of copyright infringement. You need to prove the song copied a series of notes for an
infringement case, and in this case the songs followed similar ‘vibes’. After three years the legal
battle isn’t over yet.
Trade Secrets
Trade secrets concern secret information of commercial value. They are not covered like other
statutory intellectual property laws. It can provide effective protection for some technologies,
proprietary knowledge and know-how such a the construction or formulation or the product or
the process of manufacturing the product when reverse engineering is unlikely. How a product
is made might be protected by trade secrets. A formula, like Coca-Cola’s secret ingredient is a
valuable trade secret. A trade secret is both a type of intellectual property and a strategy for
protecting your intellectual property. Trade secrets protection is afforded without registration and
can last without limitation in time, generally if confidentiality is maintained.
Mandeep Samra | C14519843 | DT598
C14519843@mydit.ie
Business Studies
Lecturer: Cormac Horan
Submission Date: 10/05/16
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