MBA Notes: Business Law

Key Topics:
- Forms of business
- Employing staff
- Innovation issues
- Tax legalities
- Trading regulations
- Rules on mergers and acquisitions

Some business schools take law very seriously; for example, at Northwestern University's Kellogg School and George Washington University, MBA students can take a joint MBA and JD (juris doctor), the basic professional degree for lawyers. Babson in Wellesley, Massachusetts has law as one of its core subjects. Penn State, on the other hand, offers only an optional module in the second year on 'Business Law for Innovation and Competition'.

Nevertheless, lawyers dominate big businesses in the United States and both Congress and the Senate. In the UK around 12 per cent of MPs are either barristers or solicitors, the largest professional grouping in the House of Commons. Other than very large businesses, it is not usual to have either a qualified lawyer or a legal department in businesses in the UK. Such services are usually bought in on either a contractual or ad hoc basis.

Law is an imprecise field. As Henry L Mencken, the American journalist and critic, so succinctly expressed it: 'a judge is a law student who marks his own examination papers'.

The complexity of commercial life means that, sooner or later, you will find yourself taking, or defending yourself against, legal action. It may be a contract dispute with a customer or supplier, or perhaps the lease on your premises turns out to give you far fewer rights than you hoped. A former employee might claim you fired them without reason. Or the Health and Safety Inspector will call and find some aspect of your machinery or working practices less than satisfactory.

Ignorance does not form the basis of a satisfactory defence, so every MBA needs to know enough law to know when they might need legal advice, however high their standard of ethics and social responsibility may be.

Corporate structures
As an MBA it's highly likely that you will be working for a conventional company, private or public (see this for more on public companies). There are, however, a number of distinct forms that a business can take, the choice of which depends on a number of factors: commercial needs, financial risk and the need for outside capital.

In most parts of the world corporate structures are broadly similar despite a variety of exotic sounding names. Sole trader is personaline imone in Lithuania and empresário emnome individual in Portugal; Partnerships are Offene Gesellschaft – OG in Austria and verejná obchodná spoloènos in Slovakia; limited partnerships are Kommanditgesellschaft – KG in Austria and komanditná spoloènos in Slovakia and the limited company is Sabiedriba ar ierobežotu atbildibu in Latvia and Socitatea cu Raspundere Limitata in Romania.
Each of these forms is explained briefly below, together with the procedure to follow on setting them up. You can change your ownership status later as your circumstances change, so while this is an important decision it is not a final one.

Sole trader
Over 80 per cent of businesses start up as sole traders and indeed around 55 per cent of all businesses employing fewer than 50 people still use this legal structure. It has the merit of being relatively formality free and, unless you intend to register for VAT, there are few rules about the records you have to keep. There is no requirement for your accounts to be audited, or for financial information on your business to be filed at Companies House.

As a sole trader there is no legal distinction between you and your business – your business is one of your assets, just as your house or car is. It follows from this that if your business should fail, your creditors have a right not only to the assets of the business, but also to your personal assets, subject only to the provisions of the Bankruptcy Acts. The capital to get the business going must come from you – or from loans. There is no access to equity capital.

Partnerships
Partnerships are effectively collections of sole traders and, as such, share the legal problems attached to personal liability. There are very few restrictions to setting up in business with another person (or persons) in partnership, and several definite advantages. By pooling resources you may have more capital; you will be bringing, hopefully, several sets of skills to the business; and if you are ill the business can still carry on.

There are two serious drawbacks that you should certainly consider.

First, if your partner makes a business mistake, perhaps by signing a disastrous contract, without your knowledge or consent, every member of the partnership must shoulder the consequences. Under these circumstances your personal assets could be taken to pay the creditors even though the mistake was no fault of your own.

Second, if your partner goes bankrupt in his or her personal capacity, for whatever reason, his or her share of the partnership can be seized by creditors. As a private individual you are not liable for your partner's private debts, but having to buy him or her out of the partnership at short notice could put you and the business in financial jeopardy. Even death may not release you from partnership obligations and in some circumstances your estate can remain liable. Unless you take 'public' leave of your partnership by notifying your business contacts and legally bringing your partnership to an end, you could remain liable.

The legal regulations governing this field are set out in the Partnership Act 1890 (UK), which in essence assumes that competent businesspeople should know what they are doing. The Act merely provides a framework of agreement that applies 'in the absence of agreement to the contrary'. It follows from this that many partnerships are entered into without legal formalities – and sometimes without the parties themselves being aware that they have entered a partnership!

The main provisions of the Partnership Act state:
- All partners contribute capital equally.
- All partners share profits and losses equally.
- No partner shall have interest paid on his capital.
- No partner shall be paid a salary.
- All partners have an equal say in the management of the business.
- Unless you are a member of certain professions (eg law, accountancy, etc) you are restricted to a maximum of 20 partners in any partnership.

It is unlikely that all these provisions will suit you, so you would be well advised to get a 'partnership agreement' drawn up in writing by a solicitor at the outset of your venture.

Limited partnerships
One possibility that can reduce the more painful consequences of entering a partnership is to form a limited partnership combining the best attributes of a partnership and a company.

A limited partnership works like this. There must be one or more general partners with the same basic rights and responsibilities (including unlimited liability) as in any general partnership, and one or more limited partners who are usually passive investors. The big difference between a general partner and a limited partner is that the limited partner isn't personally liable for debts of the partnership. The most a limited partner can lose is the amount that he or she: paid or agreed to pay into the partnership as a capital contribution; received from the partnership after it became insolvent.
To keep this limited liability, a limited partner may not participate in the management of the business, with very few exceptions. A limited partner who does get actively involved in the management of the business risks losing immunity from personal liability and having the same legal exposure as a general partner.
 

The advantage of a limited partnership as a business structure is that it provides a way for business owners to raise money (from the limited partners) without either having to take in new partners who will be active in the business or having to form a limited company. A general partnership that's been operating for years can also create a limited partnership to finance expansion.

Limited company
Of the 4.5 million businesses trading in the UK, over 1.4 million are limited companies. A similar proportional split applies to the 22 million businesses in the United States. As the name suggests, in this form of business your liability is limited to the amount you state that you will contribute by way of share capital, though you may not actually have to put that money in.

A limited company has a legal identity of its own, separate from the people who own or run it. This means that, in the event of failure, creditors' claims are restricted to the assets of the company. The shareholders of the business are not liable as individuals for the business debts beyond the paid-up value of their shares. This applies even if the shareholders are working directors, unless of course the company has been trading fraudulently. Other advantages include the freedom to raise capital by selling shares.

Disadvantages include the cost involved in setting up the company and the legal requirement in some cases for the company's accounts to be audited by a chartered or certified accountant. Usually it is only businesses with assets approaching £3m that have to be audited but if, for example, you have shareholders who own more than 10 per cent of your firm they can ask for the accounts to be audited. The behaviour of companies and their directors is governed by Companies Acts that have come into effect since 1844, the latest of which came into effect in November 2006.

Public limited company (PLC)
PLCs are companies that can sell shares to the public at large, either through a recognized stock market or by advertising in the press or through intermediaries. They need to fulfil some minimum, not too onerous conditions:

- It must state that it is a PLC in its articles of association.
- It must have an authorized share capital of at least £50,000.
- Before it can trade, £50,000 ($78,400/€56,200) of share capital must be taken up and a quarter of that must be actually paid up.
- Each allotted share must be paid up to at least a quarter of its nominal value.
- There must be at least two shareholders, two directors and a company secretary who meets certain standards in terms of qualifications or experience.

See also this guide for more on public capital.

Company limited by guarantee
This type of incorporation is used for non-profit organizations that require corporate status as a means of protecting participants. There are no shareholders but its members give an undertaking to contribute a nominal amount towards the winding up of the company in the event of a shortfall when it closes down. It cannot distribute its profits to its members, and is therefore eligible to apply for charitable status if necessary. You may find this type of company being used by a business as a means of isolating part of its activities, such as clubs or sports associations that are not part of its profit-generating business.

Co-operative
A co-operative is an enterprise owned and controlled by the people working in it. Once in danger of becoming extinct, the workers' co-operative is enjoying something of a comeback. There are functioning co-operatives in some 90 countries employing over 800 million people worldwide. The International Co-operative Alliance (www.ica.coop/ica) represents agriculture, banking, fisheries, health, housing, industry, insurance, tourism and consumer cooperatives and is the largest non-governmental organization in the world.
 

Co-ops in the United Kingdom sell bicycles, furniture, camping equipment, appliances, carpeting, clothing, handicrafts and books. Co-operative wholesalers exist like those in the hardware, grocery, and natural foods businesses. Some co-operatives disseminate news, and others are for artists. Co-operative electric and telephone utilities exist, as well as co-operatively managed banks, credit unions, and community development corporations.
Some co-ops provide healthcare, such as health maintenance organizations and community health clinics. Co-operative insurance companies have also been established, as well as co-operative food stores, food-buying clubs, and discount warehouses. You get the idea. Co-ops have been set up in virtually every area of business you can possibly imagine. You can find out everything you need to know about the size, structure and prospects of co-operatives in a free 36-page report that can be downloaded at: www.uk.coop/resources/documents/uk-co-operative-economy-2010.

Help and advice on business corporate structure
A Guidance Note entitled 'Choose a legal structure for a new business' is available from GOV.UK (www.gov.uk/business-legal-structures/overview).
Cooperatives UK (www.cooperatives-uk.coop > Services > Co-operative Development) is the central membership organization for co-operative enterprises throughout the UK. This link is to the regional network.
Desktop Lawyer (www.desktoplawyer.co.uk > BUSINESS > BUSINESS START-UP > Choosing a business structure > The Partnership) has a summary of the pros and cons of partnerships as well as inexpensive partnership deeds.
Employment law
Trading regulations

Organizations are heavily regulated in almost every sphere of their trading operations. Some types of business require a permit before they can even start trading and all businesses have to comply with certain standards when it comes to advertising, holding information or offering credit. These are the regulations that govern the trading activities of most business ventures.

Getting a licence or permit
Some businesses, such as those working with food or alcohol, employment agencies, mini-cabs and hairdressers, need a licence or permit before they can set up in business at all. Even playing music in public, recorded or live, or putting a table and chairs on a pavement means getting permission from someone. Your local authority planning department can advise you on what rules will apply to your business. You can also use this website (www.gov.uk/licence-finder) from which you can use their interactive tool to find out which permits, licences and registrations will apply and where to get more information.

Advertising and descriptive standards
Any advertising or promotion you undertake concerning your business and its products and services, including descriptions on packaging, leaflets and instructions and those given verbally, have to comply with the relevant regulations. You can't just make any claims you believe to be appropriate for your business. Such claims must be decent, honest, truthful and take into account your wider responsibilities to consumers and anyone else likely to be affected; if you say anything that is misleading or fails to meet any of these tests then you could leave yourself open to being sued.

The five bodies concerned with setting the standards and enforcing the rules (UK)are:

- The Advertising Authority (www.asa.org.uk > Advertising Codes) for printed matter, newspapers, magazines and so forth and the internet.
- Ofcom (www.ofcom.org.uk) is responsible for ensuring advertisements on television and radio comply with rules on what can and cannot be advertised, including any special conditions such as the timing and content of material aimed at children.
- The Financial Conduct Authority (www.fca.org.uk) has the responsibility to see that financial promotions are clear, fair and not misleading.
- The Office of Fair Trading (www.oft.gov.uk > Business advice > Advertising) is responsible for ensuring that advertisements are not misleading or making unfair or exaggerated comparisons with other products and services and to help consumers find businesses that have high standards of customer service.
- Trading Standards (www.tradingstandards.gov.uk > Help and advice > Business guidance) covers anything such as quantity, size, composition, method of manufacture, strength, performance, place of manufacture, date, brand name, conformity with any recognized standard or history.


Complaints, returns and refunds
Customers buying products are entitled to expect that the goods are 'fit for purpose' in that they can do what they claim, and, if the customer has informed you of a particular need, that they are suitable for that purpose. The goods also have to be of 'satisfactory quality', that is, durable and without defects that would affect performance or prevent their enjoyment. For services, you must carry out the work with reasonable skill and care and provide it within a reasonable amount of time. The word reasonable is not defined and is applied in relation to each type of service. So, for example, repairing a shoe might reasonably be expected to take a week, while three months would be unreasonable.
If goods or services don't meet these conditions, customers can claim a refund. If they have altered or waited an excessive amount of time before complaining or have indicated in any other way that they have 'accepted', they may not be entitled to a refund, but may still be able to claim some money back for a period of up to six years. Trading Standards (www.sogahub.tradingstandards.gov.uk) provides a summarized guide to the relevant laws in clear plain English.

Distance selling and online trading
Selling by mail order via the internet, television, radio, telephone, fax or catalogue requires that you comply with some additional rules over and above those concerning the sale of goods and services described above. In summary, you have to provide written information, an order confirmation, and the chance to cancel the contract. During the cooling-off period customers have the unconditional right to cancel within seven working days, provided they have informed you in writing by letter, fax or e-mail.
There are, however, a wide range of exemptions to the right to cancel, including: accommodation, transport, food, newspapers, audio or video recordings and goods made to a customer's specification. The Distance Selling Hub (http://dshub.tradingstandards.gov.uk) operated by the Trading Standards Authority publishes a guide for business on distance selling.

Protecting customer data
If you hold personal information on a computer on any living person, customer or employee for example, then there is a good chance you need to register under the Data Protection Act. The rules state that the information held must have been obtained fairly, be accurate, held only for as long as necessary and held only for a lawful purpose.
You can check if you are likely to need to register using the interactive tool on the GOV.UK website (www.ico.org.uk/notify/self/question1.html).

Consumer credit licence
If you plan to let your customers buy on credit, or hire out or lease products to private individuals or to businesses, then you will in all probability have to apply to be licensed to provide credit. If you think you may need to be licensed, read the regulations on the website of the Office of Fair Trading (www.oft.gov.uk > Business advice > Offering credit > Credit licensing).

Employment legislation
Employing people full or part time is something of a legal minefield, starting with the job advert and culminating with the point at which you decide to part company.

Three comprehensive sources of information on the legal aspects of employment are:

- Acas (www.acas.org.uk > Advice and guidance > Publications) is a link to free leaflets provided by the Advisory and Conciliation Service, who should know a thing or two about employment law.
- TheSite.org (www.thesite.org > Work & Study > Working > Workers' Rights) is a site run by YouthNet UK, a charity that helps young people have access to high-quality, impartial information as an aid to making decisions. It covers everything to do with work, including drug testing at work. While the site's centre of gravity is young people, the law as described applies to employers.
- WorldEmploymentLaw.com (www.worldemploymentlaw.com) provides up-to-date labour law covering some 14 countries including the United States, China, India, Brazil and Russia.


Advertising the job
As with any advertising, you are governed by the laws on discrimination and equal opportunities. That means that any reference to gender, age, nationality, sexual orientation or religion is not permitted. You can still describe the job and the ideal candidate in terms of their experience, knowledge, attitude and qualifications. For tips on the sentences you can use, visit VizualHR.com (www.vizualhr.com > Employers guide to HR > Recruitment). The basic information, tips about the applicant, the organization, the job and the job package are free and very adequate; you have to subscribe for fuller information.

Contracts of employment
Employers are required to give employees a contract of employment within two months of their starting work. The contract has to contain all the obvious things such as where the job is to be, what the responsibilities are, pay, holiday entitlement, as well as details on sick pay, pension, period of notice and the grievance and disciplinary procedure.
GOV.UK has guidance on creating a written statement of employment at www.gov.uk/employment-contracts-and-conditions. The law requires that all workers have a statutory right to at least four weeks' paid annual leave, pro rata for part-timers; that you pay the statutory minimum wage, dependent on the age of the employee; that they work within the working time limits (48 hours a week); and that parents are entitled to periods of paid leave when they have children (up to 52 weeks for women and 26 weeks for new fathers).

Employment records
Employers must maintain records on employees, keeping note of absences, sickness, disputes, disciplinary matters, accidents, training, holidays and any appraisals or performance reviews. If you have an unsatisfactory employee and want to dismiss them, this information will be vital. OyezWaterlow (www.oyezwaterlow.co.uk > HR Paper Forms) has a record keeping system priced at £78.95 ($123.76/€88.69).
Software such as that provided by Vizual Management Solutions (www.time-attendance.co.uk) will cost several times that of the paper version and for most small businesses will add little value. If you can write a simple database program using software such as Access then that is worth exploring. If you keep records on a computer you will need to be mindful of the Data Protection Act as it applies to employee records. You can get that from the Information Commissioner's Office (www.ico.gov.uk > For organizations > Data protection guide).

Safety at work
Employers have a 'duty of care' to ensure that anyone working for you is working in a safe environment and is not exposed to possible health and safety hazards. You need to make an assessment of risk and working conditions covering everything from fire exits to ensuring that ventilation, temperature, lighting and toilet facilities meet health and safety requirements. The Health and Safety Executive (www.hse.gov.uk) has ready-made risk assessment forms and a basic guide to health and safety at work.

Unfair dismissal
Although it's the handful of cases usually brought by City workers that grab the headlines, some 53,000 unfair dismissal claims are filed with tribunals each year: in the UK alone just under half of those are won by the employee, with the average claim being settled for £5,000. Employers who have been through the process say that it's the stress and administrative burden rather than the settlement itself that is of greatest concern. You can find a list of fair reasons for dismissing an employee on CompactLaw (www.compactlaw.co.uk). Also Iambeingfired (www.iambeingfired.co.uk > Claim Evaluator) is worth examining as it gives the employee's side of the argument. The Claim Evaluator Tool takes an employee through a series of questions to see if they have a case for unfair dismissal, which could be useful as MBAs are often high on the casualty list during restructuring or after acquisitions. The site also has comprehensive information on all aspects of employment law that impinge on the likelihood of being dismissed.

Intellectual property
The holy grail of competitive business strategy is to have a product or service with sufficient unique advantage to make it stand out from others in the market. It is equally important that such an advantage cannot be easily copied. In other words, there is a barrier to entry preventing others from following the same path to riches. The advantage can be anything – the business name (Body Shop), a catchy slogan (Never knowingly undersold – John Lewis), some technological wizardry (Dolby Noise Reduction), an instantly recognizable logo (Google) or even a jingle such as that used by Microsoft's Windows operating system during start-up.
The generic title covering this area is 'intellectual property', usually shortened by MBAs to IP, and it splits down into a number of distinct areas. Businesses spend a lot of time and money creating and protecting IP, so you need at least an appreciation of the legal issues involved. The case above is an example of how things can go wrong from the outset.


Patents
A patent can be regarded as a contract between an inventor and the state. The state agrees with the inventor that if he or she is prepared to publish details of the invention in a set form and if it appears that he or she has made a real advance, the state will then grant the inventor a 'monopoly' on the invention for 20 years. The inventor uses the monopoly period to manufacture and sell his or her innovation; competitors can read the published specifications and glean ideas for their research, or they can approach the inventor and offer to help to develop the idea under licence.

CASE STUDY

When Mark Zuckerberg, then aged 20, started Facebook from his college dorm back in 2004 with two fellow students, he could hardly have been aware of how the business would pan out. Facebook is a social networking website on which users have to put their real names and e-mail addresses in order to register; then they can contact current and past friends and colleagues to swap photos, news and gossip. Within three years the company was on track to make $100 (£64/€72) million sales, partly on the back of a big order from Microsoft that appears to have set its sights on Facebook as either a partner or an acquisition target.
Zuckerberg has a gigantic intellectual property legal dispute on his hands. For three years he has been dealing with a law suit brought by three fellow Harvard students who claim, in effect, that he stole the Facebook concept from them.

However, the granting of a patent doesn't mean that the proprietor is automatically free to make, use or sell the invention him- or herself, since to do so might involve infringing an earlier patent that has not yet expired.
A patent really only allows the inventor to stop another person using the particular device that forms the subject of the patent. The state does not guarantee validity of a patent either, so it is not uncommon for patents to be challenged through the courts.

What you can patent
What inventions can you patent? The basic rules are that an invention must be new, must involve an inventive step and must be capable of industrial exploitation.
You can't patent scientific/mathematical theories or mental processes, computer programs or ideas that might encourage offensive, immoral or antisocial behaviour. New medicines are patentable but not medical methods of treatment. Neither can you have just rediscovered a long-forgotten idea (knowingly or unknowingly).
If you want to apply for a patent, it is essential not to disclose your idea in non-confidential circumstances. If you do, your invention is already 'published' in the eyes of the law, and this could well invalidate your application.

Copyright
Copyright gives protection against the unlicensed copying of original artistic and creative works – articles, books, paintings, films, plays, songs, music, engineering drawings. To claim copyright, the item in question should carry this symbol: © (author's name) (date). You can take the further step of recording the date on which the work was completed, for a moderate fee, with the Registrar at Stationers' Hall. This, though, is an unusual precaution to take and probably only necessary if you anticipate an infringement.
Copyright protection in the UK lasts for 70 years after the death of the person who holds the copyright, or 50 years after publication if this is later.
Copyright is infringed only if more than a 'substantial' part of your work is reproduced (ie issued for sale to the public) without your permission, but since there is no formal registration of copyright the question of whether or not your work is protected usually has to be decided in a court of law.

Designs
You can register the shape, design or decorative features of a commercial product if it is new, original, never published before or – if already known – never before applied to the product you have in mind. Protection is intended to apply to industrial articles to be produced in quantities of more than 50. Design registration applies only to features that appeal to the eye – not to the way the article functions.
To register a design, you should apply to the Design Registry and send a specimen or photograph of the design plus a registration fee (currently £90). The specimen or photograph is examined to see whether it is new or original and complies with other registration requirements. If it does, a certification of registration is issued which gives you, the proprietor, the sole right to manufacture, sell or use in business articles of that design.
Protection lasts for a maximum of 25 years. You can handle the design registration yourself, but, again, it might be preferable to let a specialist do it for you. There is no register of design agents, but most patent agents are well versed in design law.

Trademarks and logos
A trademark is the symbol by which the goods or services of a particular manufacturer or trader can be identified. It can be a word, a signature, a monogram, a picture, a logo or a combination of these.
To qualify for registration the trademark must be distinctive, must not be deceptive and must not be capable of confusion with marks already registered. Excluded are misleading marks, national flags, royal crests and insignia of the armed forces. A trademark can apply only to tangible goods, not services (although pressure is mounting for this to be changed).
To register a trademark, you or your agent should first conduct preliminary searches at the trademarks branch of the Patent Office to check there are no conflicting marks already in existence. You then apply for registration on the official trademark form and pay a fee (currently £200). Registration is initially for 10 years. After this, it can be renewed for periods of 10 years at a time, indefinitely.
It isn't mandatory to register a trademark. If an unregistered trademark has been used for some time and could be construed as closely associated with a product by customers, it will have acquired a 'reputation', which will give it some protection legally, but registration makes it much simpler for the owners to have recourse against any person who infringes the mark.

Names
Business and domain names involve a cross-section of IP issues. A good name, in effect, can become a one- or two-word summary of your marketing strategy; Body Shop, Toys 'R' Us, Kwik-Fit Exhausts are good examples. Many companies add a slogan to explain to customers and employees alike 'how they do it'. Cobra Beer's slogan 'Unusual thing, excellence' focuses attention on quality and distinctiveness. The name, slogan and logo combine to be the most visible tip of the iceberg in a corporate communications effort and as such need a special effort to protect.

Business name
When you choose a business name, you are also choosing an identity, so it should reflect:

- who you are;
- what you do;
- how you do it.

Given all the marketing investment you will make in your company name, you should check with a trademark agent whether you can protect your chosen name (descriptive words, surnames and place names are not normally allowed except after long use). Also, check if the name is one of the 90 or so 'controlled' names such as bank, royal or international for which special permission is needed. Limited companies have to submit their choice of name to the Companies Registration Office along with the other documents required for registration. It will be accepted unless there is another company with that name on the register or the Registrar considers the name to be obscene, offensive or illegal.

Registering domains
Internet presence requires a domain name, ideally one that captures the essence of your business neatly so that you will come up readily on search engines and is as close as possible to your business name. Once a business name is registered as a trademark , you may (as current case law develops) be able to prevent another business from using it as a domain name on the internet.
Registering a domain name is simple, but as hundreds of domain names are registered every day and you must choose a name that has not already been registered, you need to have a selection of domain names to hand in case your first choice is unavailable. These need only be slight variations, for example Cobra Beer could have been listed as Cobra-Beer, CobraBeer or even Cobra Indian Beer, if the original name was not available. These would all have been more or less equally effective in terms of search engine visibility.

Help and advice on intellectual property matters (UK)
- UK Intellectual Property Office (www.ipo.gov.uk) has all the information needed to patent, trademark, copyright or register a design.
- International intellectual property information at: European Patent Office (www.epo.org), US Patent and Trade Mark Office (www.uspto.gov) and the World Intellectual Property Association (www.wipo.int).
- The Chartered Institute of Patents and Attorneys (www.cipa.org.uk) and the Institute of Trade Mark Attorneys (www.itma.org.uk), despite their specialized-sounding names, can help with every aspect of IP, including finding you a local adviser.
- The British Library (www.bl.uk > Collections > Patents, trade marks & designs > Key patent databases) links to free databases for patent searching to see if someone else has registered your innovation. The library is willing to offer limited advice to enquirers.
- Guidance Notes entitled 'Incorporation and names' are available from Companies House (www.companieshouse.gov.uk > Guidance).