217

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g) исключение из правила

h) давать рекомендацию

Exercise 2 Say if the sentences are true or false. Correct the wrong ones.

1..There will always be a contract of employment, even if there is nothing written down.

2..If the law or your contract of employment does not give you the right to a minimum amount of notice, you are not entitled to any notice.

3.Notice of dismissal may be given to you indirectly or through a third party, for example your trade union.

4.If you have been dismissed because of gross misconduct, you may not make a claim to an employment tribunal.

5.The law gives all employees the right to a minimum amount of notice.

6. . If your contract gives you at least one week's notice more than the law gives you, you lose your legal right to be paid during the whole of the notice period.

7. But all personal information should be included in a reference, even if you agree to it.

Exercise 3 Complete these sentences.

1.Before dismissing you, your employer should………………..

2.The law does not give the following employees the right to a minimum period of notice……………………

3.A minimum period of notice is:……………………….

4.The reasons why your employer might refuse to give you a reference are

………………………….

5.Your employer has a duty to write …………………………

6.Severance pay ……………………………………..

Exercise 4 Match these terms and their definitions.

1.a regulatory body a)

2.reassignment b)

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Exercise 5. Discuss these questions

1.What should your employer if they want to dismiss you?

2.What do employees do If they are not happy with their employer's decision?

3.Is the notice of dismissal always done in writing?

4.Why is it important to check the real reason for the dismissal ?

5.What are the reasons you may not be able to work during the notice period?

6.What are you are entitled to if your employer has dismissed you without giving you the notice?

TEXT 9.

Arbitration

Arbitration is a well-established and widely used means to end disputes. It is one of several kinds of Alternative Dispute Resolution, which provide parties to a controversy with a choice other than litigation. Unlike litigation, arbitration takes place out of court: the two sides select an impartial third party, known as an arbitrator; agree in advance to comply with the arbitrator's award; and then participate in a hearing at which both sides can present evidence and testimony. The arbitrator's decision is usually final, and courts rarely reexamine it.

Traditionally, labor and commerce were the two largest areas of arbitration. However, since the mid-1970s, the technique has seen great expansion. Some states have mandated arbitration for certain disputes such as auto insurance claims, and court discrimination. International business issues are also frequently resolved using arbitration.

Arbitration in the United States dates to the eighteenth century. Courts frowned on it, though, until attitudes started to change in 1920 with the passage of the first state arbitration law, in New York. This statute served as a model for other state and federal laws. After World War II, arbitration grew increasingly

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important to labor-management relations In the 1970s, arbitration began expanding into a wide range of issues that eventually included prisoners' RIGHTS, medical malpractice and consumer rights. In 2003, all 50 states had modern arbitration statutes.

Arbitration can be voluntary or required. The traditional model is voluntary, and closely linked to contract law: parties often stipulate in contracts that they will arbitrate, rather than litigate, when disputes arise. For example, unions and employers almost always put an arbitration clause in their formal negotiations, known as collective bargaining agreements. By doing so, they agree to arbitrate any future employee grievances over wages, hours, working conditions, or job security—in essence, they agree not to sue if disagreements occur. Similarly, a purchaser and a provider of services who disagree over the result of a business deal may submit the problem to an arbitrator instead of a court.

Mandatory arbitration is a more recent phenomenon. States such as Minnesota, New York, and New Jersey have enacted statutes that force disputes over automobile insurance claims into this forum. In addition, courts sometimes order disputants into arbitration.

In theory, arbitration has many advantages over litigation. Efficiency is perhaps the greatest. Proponents say arbitration is easier, cheaper, and faster. Proponents also point to the greater flexibility with which parties in arbitration can fashion the terms and rules of the process. Furthermore, although arbitrators can be lawyers, they do not need to be. They are often selected for their expertise in a particular area of business, and may be drawn from private practice or from organizations such as the American Arbitration Association, a national nonprofit group founded in 1926.

Significantly, arbitrators are freer than judges to make decisions, because they do not have to abide by the principle of stare decisis (the policy of courts to follow principles established by legal precedent) and do not have to give reasons to support their awards ,although they are expected to adhere to the Code of Ethics for Arbitrators.

Ultimately, the decision to use arbitration cannot be made lightly. Most arbitration is considered binding: parties who agree to arbitration are bound to that agreement and also bound to satisfy any award determined by the arbitrator. Courts in most jurisdictions enforce awards. Moreover, they allow little or no option for appeal, expecting parties who arbitrate to assume the risks of the

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process.

In addition, arbitration is subject to the legal doctrines of Res Judicata and Collateral Estoppel, which together strictly curtail the option of bringing suits based on issues that were or could have been raised initially.

Res judicata means that a final judgment on the merits is conclusive as to the rights of the parties and their privies, and, as to them, operates as an absolute bar to a subsequent action involving the same claim, demand, or Cause of Action.

Collateral estoppel means that when an issue of ultimate fact has been determined by a valid judgment, that issue cannot be relitigated between the same parties in future litigation. Thus, often the end is truly in sight at the conclusion of an arbitration hearing and the granting of an award.

There are only four grounds on which a court may vacate, or overturn, an award:

(1)where the award is the result of corruption, Fraud, or undue means;

(2)where the arbitrators were evidently partial or corrupt;

(3)where the arbitrators were guilty of misconduct in refusing to postpone the hearing or hear pertinent evidence, or where their misbehavior prejudiced the rights of any party

(4) where the arbitrators exceeded their powers or imperfectly executed them so that a mutual, final, and definite award was not made.

One major boost to arbitration came from the U.S. Supreme Court, which held in 1991 that Age Discrimination claims in employment are arbitrable.

estoppel - отвод, правовой принцип, согласно которому лицо утрачивает право

ссылаться на какие либо факты в основание своих притязаний

Exercise 1 Find these words and word combinations in the text.

a)альтернативное разрешение споров

b)стороны спора

c)беспристрастная третья сторона

d)решение арбитра

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e)предусмотреть в контрактах

f)обязательный арбитраж

g)придерживаться. соблюдать Кодекс Этики

h)обязательный для сторон

Exercise 2 Say if the sentences are true or false. Correct the wrong ones.

1.Arbitration is a the only alternative way of resolving disputes.

2.The arbitrator's decision is not final, and courts often reexamine it.

3.The traditional model of arbitration is voluntary and closely linked to contract law.

4.Courts never order disputants into arbitration.

5. Most arbitration is considered binding, it allows little or any option for appeal.

6.There are no legal grounds on which a court may vacate, or overturn, an award .

7.Age Discrimination claims in employment are non-arbitrable.

Exercise 3 Complete these sentences.

1.Arbitration is ………………..

2.Unlike litigation, arbitration ……………………

3.The largest areas of arbitration are……………………….

4.Arbitration can be …………………………….

5.The advantages of arbitration over litigation are…………………………

6.There are four grounds on which a court may overturn an award .......................

Exercise 4 Match these terms and their definitions.

4. principle of stare decisis d) cause harm to a patient by

Exercise 5. Discuss these questions

1.What is arbitration?

2.What is the difference between arbitration and litigation?

3.What are the areas of arbitration ?

4.How old is arbitration in the United States ?

5.What is the traditional arbitration model ?

6.In what cases do courts sometimes order disputants into arbitration?

7.Why are arbitrators freer than judges to make decisions ?

8.What are the two kinds of unprotected expression?

9.Why may a court vacate, or overturn, an award?

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TEXT 10.

Intellectual Property

Intellectual property is the area of law that deals with protecting the rights of those who create original works. It covers everything from original plays and novels to inventions and company identification marks. The purpose of intellectual property laws are to encourage new technologies, artistic expressions and inventions while promoting economic growth. When individuals know that their creative work will be protected and that they can benefit from their labor, they are more likely to continue to produce things that create jobs, develop new technology, make processes more efficient, and create beauty in the world around us.

There are three main mechanisms for protecting intellectual property in the United States: copyrights, patents and trademarks.

Copyrights

Copyrights protect the expressive arts. They give owners exclusive rights to reproduce their work, publicly display or perform their work, and create derivative works. Additionally, owners are given economic rights to financially benefit from their work and prohibit others from doing so without their permission. It is important to realize that copyrights do not protect ideas, only how they're expressed.

Patents

Patents protect an invention from being made, sold or used by others for a certain period of time. There are three different types of patents in the United States:

Utility Patents - these patents protect inventions that have a specific function, including things like chemicals, machines, and technology.

Design Patents - these patents protect the unique way a manufactured object appears.

Plant Patents - these patents protect plant varieties that are asexually reproduced, including hybrids.

Inventors may not assume that their creation is patented unless they apply and are approved for a patent by the US Patent and Trademark Office. This

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process can be complex and time consuming. It is a good idea to hire an intellectual property attorney to make sure you file the appropriate

paperwork and get the patent you need to protect your invention and make it profitable.

Trademarks

Trademarks protect the names and identifying marks of products and companies. The purpose of trademarks is to make it easy for consumers to distinguish competitors from each other. Trademarks are automatically assumed once a business begins using a certain mark to identify its company, and may use the symbol TM without filing their symbol or name with the government.

There are strict laws in place to protect intellectual property rights. When intellectual property rights are violated, it is important to hire an intellectual property lawyer. An experienced attorney can help you sue for damages that include lost royalties. If your case is successful, the person who violated your intellectual property rights may be required to pay for all of your legal fees in addition to compensating you for using your work without your permission.

WIPO

WIPO is the global forum for intellectual property services, policy, information and cooperation. It is a self-funding agency of the United Nations, with 186 member states. The Headquarters of the organization are located in Geneva, Switzerland

Their mission is to lead the development of a balanced and effective international intellectual property (IP) system that enables innovation and creativity for the benefit of all. The mandate, governing bodies and procedures are set out in the WIPO Convention, which established WIPO in 1967.

Some 250 non-governmental organizations (NGOs) and intergovernmental organizations (IGOs) have official observer status at WIPO meetings.

We help governments, businesses and society realize the benefits of IP.

WIPO provides:

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a policy forum to shape balanced international IP rules for a changing world;

global services to protect IP across borders and to resolve disputes;

technical infrastructure to connect IP systems and share knowledge;

cooperation and capacity-building programs to enable all countries to use IP for economic, social and cultural development;

Businesses and innovators need easy, cost-effective ways to protect their inventions, their brands, and their designs in multiple countries. WIPO offers a range of global services for protecting intellectual property (IP) across borders, and for resolving IP disputes outside the courts.

International Alternative Dispute Resolution services enable you to resolve IP disputes outside the courts, in a single neutral forum, saving significant time and money. Fast, flexible and cost-effective services for settling IP and technology disputes outside the courts include:

Mediation — where an impartial mediator helps two or more parties in dispute reach a mutually acceptably agreement between themselves.

Arbitration — where the parties agree to submit their dispute to an arbitrator, who then makes a final, binding decision (award).

Expert determination — where the parties agree to submit a specific issue (such as a technical question, or the valuation of an IP asset, or royalty rates) to one or more experts who make a determination.

Exercise 1 Find these words and word combinations in the text.

a)получить выгоду от

b)эксклюзивные права

c)производные работы (от чего-л. ранее существовавшего)

d) без разрешения

e) обратиться за патентом

f)упущенное роялти, авторский гонорар, авторские отчисления, лицензионные отчисления

g)в нескольких странах

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h) беспристрастный посредник

Exercise 2 Say if the sentences are true or false. Correct the wrong ones.

1.The purpose of intellectual property laws are to encourage new technologies, artistic expressions and inventions while promoting economic growth..

2.There are four main mechanisms for protecting intellectual property in the United States: copyrights, patents, trade secrets and trademarks.

3.Сopyrights protect ideas and their form of expression.

4.Patents protect an invention from being made, sold or used by others forever.

5.The process of applying and getting approval for a patent by the US Patent and Trademark Office can be fast and easy.

6.Trademarks protect the names and identifying marks of products and companies.

7. World Intellectual Property Organization is a self-funding agency of the United Nations, with 101 member states.

Exercise 3 Complete these sentences.

1.Intellectual property is the area of law that deals with ………………..

2.The purpose of intellectual property laws are …………………

3.Copyrights protect …….

4.Patents protect …………………………….

5.Trademarks protect …………………………

6.WIPO is the global forum for ……………………………………..

Exercise 4 Match these terms and their definitions.

1. Utility Patents a) patents protecting plant varieties that are asexually reproduced