Business law encompasses all of the legal norms and measures under private law, public law, and criminal law. These are the laws that the state uses to influence the legal relationships between people involved in economic life and in relation to the state. Thus, people who want to start Santa Clara towing business should know the basics of business law.
Santa Clara towing company: Private business law vs. public business law
So-called private economic law includes all these legal norms that deal with the legal relationships between people involved in economic life. Private commercial law thus includes not only civil law, but also commercial law, company law, competition law, and antitrust law.
In contrast, public commercial law as so-called commercial administrative law includes all those legal norms that deal with the legal relationships between people involved in economic life and the state.
Here the state exerts influence on its authorities by way of approvals and monitoring as an intervention administration or by way of subsidies as a service administration.
Economic administrative law includes, among other things, trade law, subsidy law, foreign trade law, the law governing economic activity in the public sector, banking and stock exchange law, public price law, currency, as well as mining, energy, and nuclear law.
Patent law vs. intellectual property rights vs. copyright
Patent law is a sub-legal area of commercial legal protection. It regulates the origin and effect of industrial property rights for inventions. Patents are only granted for discoveries in all areas of technology if they are new.
Discoveries, scientific theories, and mathematical methods or the reproduction of information are not inventions within the meaning of the Patent Act. Furthermore, plans, rules, and procedures for intellectual activities, games, or business activities as well as programs for data processing systems are not inventions. This also applies to aesthetic creations. In these cases, either another commercial legal protection or copyright applies.
Commercial legal protection includes all commercial property rights of traders to intangible goods. Therefore, this includes not only patent law but also a trademark, design, and registered design law.
In addition, fair trading law is also part of commercial legal protection. The law against unfair competition at least protects commercial activity, even though the trader is not granted any intellectual property rights.
In contrast, copyright is not counted among the industrial property rights, since the focus here is on the protection of personal, intellectual creations. Copyright is therefore more to be assigned to the artistic than to the commercial area. Commercial legal protection and copyright are combined under the term intellectual property.
