Intellectual Property and Business Law

This assignment delves into the realm of intellectual property law and its implications for businesses. It examines various aspects of intellectual property, such as patents, trademarks, and copyright, and analyzes their legal frameworks within a business context. The assignment also explores the role of contracts and government regulations in shaping the landscape of intellectual property rights. Drawing upon academic sources and legal documents, this study provides a comprehensive understanding of how intellectual property law influences business operations and innovation.

Business Law

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................4
TASK 1............................................................................................................................................4
1.1 Analyzing and advising Ben on the legal rules of implied terms relating to Sale of Goods
and supply of services..................................................................................................................4
1.2 Analyzing and advising Ben on the statutory provisions on the transfer of property and
possession....................................................................................................................................5
1.3 Evaluating the statutory provision on buyer's and seller's remedies in sale of goods
contracts.......................................................................................................................................6
1.4 Analyzing and advising on product liability legal rules and statutory provision for faulty
goods............................................................................................................................................6
TASK 2............................................................................................................................................7
2.1 Differentiating between types of credit agreements which Ben as a consumer could use to
buy a car.......................................................................................................................................7
2.2 Analyzing the legal rules on termination rights and defaults notices for Ben as consumer. .8
2.3 Analyzing the general features for agency and differentiating between different types of
agents...........................................................................................................................................8
2.4 Evaluating the rights and duties of an agent to assist Ben....................................................9
TASK 3 ESSAY............................................................................................................................10
TASK 4 ESSAY............................................................................................................................12
CONCLUSION..............................................................................................................................14
References......................................................................................................................................15

INTRODUCTION
The business law refers the process of forming the operating the business in accordance
with set regulatory framework. It covers varied laws which are helpful in business world for
handling several kind of situations. The major laws cover under the business law are; intellectual
property, employment, taxation and bankruptcy as well as licensing. The present report is based
on different cases related to sale of goods and supply of services and other related aspects.
Furthermore, legal rules relating to consumer credit and agency are also explained. In addition to
this, understanding has been developed on legal rules related to mergers, monopolies and anti-
competitive practices. Apart from this, provision related to intellectual property rights have been
explained in the light of suitable examples.
TASK 1
1.1 Analyzing and advising Ben on the legal rules of implied terms relating to Sale of Goods and
supply of services
According to the given scenario Ben was searching for a car as his current one got too old
and incurring repair cost was not the profitable deal for the business (Sale of Goods Act, 2017).
Owing to this, he decided to get a new car and found a magazine of deal which contain
information related to car. For this purpose he got the effective deal as per specification and he
visited the showroom in order to check the car (Beatty and Samuelson, 2014). Furthermore,
showroom has the condition to appear the car in front of customers after receiving the payment
worth 150 GBP. It was the consideration amount which must be paid by the customers like Ben
and then he hot change the check the car. It was perfect but later issue was discovered in the
engine when he purchased it and went on drive. This made the Ben disappointed and he went
back to the car dealer where he came to know that exclusion clause has been applied. In this
context, implied terms related to Sale of Goods and services are explained as follows- Title-The tile reflects that right of sellers regarding the possession of goods or services
along with authority of the same. Sale of goods by description-This implied terms represents that description provided by
sellers for the products and services should be consistent.

 Sale of goods by sample-Under this all the goods offered by the seller should be in
accordance with the provided sample. It must not be different from the sample. Sale of goods by sample as well as description-The product or service must be consistent
with the sample and description both.
 Fitness-The offered goods must be value of money under which price consideration and
quality are focused. This would be effective to meet the expectations of related parties
effectively.
In this manner, implied terms will be applied for resolving the case of Ben. It is because
the issue exist in the car was revealed at the time of test drive only. Furthermore, dealer tried to
the advantage of exclusion clause so as to reduce the their liabilities to a great extent. Apart form
this, Ben can easily take the advantage in accordance with the Sale of Goods Act 1979 and
accordingly claim can be passed (Heminway, 2013).
1.2 Analyzing and advising Ben on the statutory provisions on the transfer of property and
possession
The statutory provision in case of transfer of property and possession must be considered
by the seller and buyer both. These are explained as follows-
 The goods must be ascertained-Any ascertained goods cannot be transferred, hence seller
need to ensure the goods are ascertained.
 Intention of the party-The intention of both patties must be determined under the sale of
specific goods.
 The delivery of product should be done appropriately by checking the quantity, weight
and other related aspects. In case seller fails to do so then ownership cannot be passed.
 The property which is being passed should be based on approval of buyer (Peterman,
Kourula and Levitt, 2014).
As per the given scenario or case study, it has been found that statutory obligation was complied
in the right manner through seller but the benefit taken with regard to exclusion clause was ot
effective in accordance with the Transfer of Property Act, 1882.
1.3 Evaluating the statutory provision on buyer's and seller's remedies in sale of goods contracts
There are several statutory provision for remedy of the buyers and sellers in the contract
of sale of goods. These remedies are explained as follows-

Buyer's remedies
 The buyer has right to reject the goods in case it is not fit in accordance with the quality
and description.
 In case the delivery of product is not done on right time then buyer can refuse to receive
the product on late delivery.
 In case seller breaches any kind of warranty then buyers can effectively ask for the
damages but cannot repudiate the contract (Rott, 2016). In case of any kind of damages with the product due to transfer of faulty product then
buyer can effectively ask for the damages. The case reflects that Ben can ask for the
repair cost and fuel charges both.
Seller's remedies
 The seller has right to take the legal action against the buyer in case he deny to pay for
the goods and services which are delivered.
 The seller has legal right to take the benefit of exclusion clause for the purpose of
reducing the liability in an appropriate manner (Beale, 2014).
 There are several kind of remedies which can be provided to sellers or he avail the same
to him such as stoppage in transit and reselling the goods. Also, the right of lien remain
also with sellers for the remedy in some specific cases.
1.4 Analyzing and advising on product liability legal rules and statutory provision for faulty
goods
The Consumer Protection Act specifies the statutory provision regarding the liability of
product. Such kind of provisions are helpful to meet the expectations of all related parties and
provide them right kind of environment. This act allows customers to not accept any kind of
faulty products which is not worth money. They can demand for damages caused because of use
of faulty products and get the effective remedy (Hodgson, 2015). Furthermore, the Consumer
Protection Act 1987 specifies certain liability of the parties which are at mistake and they need to
abide by the rules stated under the act for meeting the expectations of customers. According to
the given case Ben can take the corrective action in accordance with current situation as the
product purchased by him was defective. However, following condition must be fulfilled by the
buyers or respective party-

 The proof of ownership must be there with buyers related to possession of products or
services. Not only this but he must show the evidence of defective product. Therefore,
Ben has all these evidence and accordingly he can claim for the damages caused by the
car dealer (Lee, Denizci Guillet and Law, 2013).
 The loss occurred because of the use of faulty product must be presented to the authority
for getting the compensation. The case is showing the issues occurred with family
members and Ben with the use of damaged car.
 However, the defect was already presented under the product and the same was not
caused by Buyer. For example, Ben found the issue at the time of driving only which was
not visible or known before purchasing the product.
TASK 2
2.1 Differentiating between types of credit agreements which Ben as a consumer could use to
buy a car
The use of credit facility make it possible for parities to complete their transaction
effectively and pay the amount later. The scenario reflects that Ben can use different kind of
credit facilities in order to purchase the car as he is going through the financial burden and
accordingly cannot do the cash payment of the same. For this purpose, below mentioned type of
credit agreement can be used by Mr. Ben- Secured agreement-Such kind of agreement covers car loan, credit cards and bond on
behalf of home. These are secured loan under which customer need to provide the
security on behalf of the taken finance (Inversini and Masiero, 2014). For this purpose,
Ben can use the car loan which aids to reduce the financial burden and he will be able to
pay the installment.
 Unsecured agreements-Such kind of agreement consists of Master, Visa and Petrol card.
Along with that retail store can also be used so as to avail the finance and the vehicle in
relatively less time span. However, such kind of finance is collected with the help of
credit collectors, in case Ben fails to pay the same.
Therefore, Ben should go for the secured loan so as to meet their expectations effective
and get access the provided services. This leads to meet the expectations of parties in the right
manner.

2.2 Analyzing the legal rules on termination rights and defaults notices for Ben as consumer
The right of termination remain with the company in case of default notices to parties like
Ben who fail to pay the amount in the future time span. Though, appropriate procedure are used
in order to collect the debt and accordingly they can get the services in accordance with their
desire. This proves to be effective for parties to enter into legal relationship. According to the
case scenario of Ben was willing the purchase the car on the credit basis but he was unable to
pay the credit on time just because of financial burden (Bayern, 2016). Owing to this, following
remedies can be provided for Ben in context of termination right validity along with default
notices- Section 77-Ben must be provided the copy containing the right related to agreement
along with financial details. It is helpful to reflect the evidence of the transaction as well
as full information of the contract along with dues. Owing to this, Ben has right to claim
for such kind of detail analysis related to contract.
 Section 87 and 88-The section 87 and 88 shed light on the prior notice related to
termination of contract along with duration of 14 days. This is helpful to maintain the
right kind of communication procedure between the parties. At this juncture, Ben has
right to inform the corporation with regard to financial burden and making the payment
of the products or services on the mentioned particular time (Bently and Sherman, 2014).
2.3 Analyzing the general features for agency and differentiating between different types of
agents
The formation of agency is based on legal agreement which take place between two or
more than two people. For this purpose, mutual goals are set by the business and roles as well as
responsibilities of each involved parties are defined effectively. For this purpose, general features
of agency are explained in the following manner-
 The agency is formed on the basis of statutory obligation in which implied and expressed
both kind of obligations are included.
 The parties involved in the basis have their defined roles and responsibilities in
accordance with objectives and work.
 All the important decisions are taken by the principal agent only.

Agencies work on the basis of different kind of agents involved under the contract which
are explained as follows- Broker-Broker works on the basis of certain percentage of commission before the
contract initiate between the parties (May, 2013). Factor-This type of agent deals in forming the contracts with numerous people for the
purpose of selling the goods and retaining the same. Auctioneer-The major work handle by auctioneer is to manage the task related to sale of
goods without any kind of objectives.
 Commission agent-This commission agents also work as the normal broker who get the
commission for the work done. He adopts several kind of strategies in order to raise the
rate of return of the business.
2.4 Evaluating the rights and duties of an agent to assist Ben
According to the given scenario, Ben desires to become the agent of second hand car
agency. For this purpose, he must be aware of rights and duties of agent so as to accomplish all
business activities effectively. These are mentioned as follows-
Rights of agent
 The agent has right to ask or claim for the remuneration for the completing the work
 The agent is entitled to retain any goods or sum in relation to the business. It would be on
behalf of the principal (Williams, 2013).
 All the pending money related to sold car must be collected by Ben
 The rights of agent also includes the cancellation of deal and accomplishing the related
formalities on time. In case of any kind of misconducted by the agent like Ben then he cannot claim for the
remuneration.
Duties of agent
 The agent has right to provide the guidelines to customers for purchasing the product. At
the same time, description of product must be provided.
 It is the duty of Ben to ensure the ethical conduct of business and do not indulge with any
kind of personal benefit related matters (Grimpe and Hussinger, 2014).

 All the collected money must be paid to principal except the one provided as the
remuneration
 The guidelines provided by the principal amount must be paid by the client.
TASK 3 ESSAY
Outlining and explaining the monopolies and anti-competitive practice legislation in the UK
Monopolies and anti-competitive practices are important for the successful operation of
the business which ensure to determine the well being of all related parties. However the
monopoly businesses accounts for 25% and set the strong control over the industry so as to
ensure competitive edge of the business. However, monopolies in the market create greater threat
for the business by affecting their growth and development to a great extent (Hagedoorn and
Zobel, 2015). Owing to this, appropriate action is taken by the authority so as to ensure the
success of the business in the long run and accordingly address the issues which are being faced
by other companies in the industry. However, the use of anti competitive practices pressurize the
other small businesses organization to move out of the market. For this purpose, following
legislation are taken by the business- Fair Trading Act 1973-This regulation works to control the monopoly related practices
and establish proper control over unethical or unfair practices of the business. Competition Act 1980 & 1998-The Competition Act 1980 work is done for promoting
small and other related businesses after the full investigation of monopoly related
practices. Furthermore, Competition Act 1998 takes place to ensure consistency in the
EU regulation and anti-competitive practices which aids to ensure success of the
businesses (Beatty and Samuelson, 2014).
Role of Competition Commission in context of monopolies and anti-competitive practices
The Competition Commission effectively views the monopoly power and accordingly
provide the necessary remedies. This can be understood with the help of The EU & Anti-
competitive Practices and The Office of Fair Trading (OFT). The first aspect related to the EU
and Anti-competitive Practices shows that free trade competition related principles must be
followed by the business for this purpose of reducing the power of monopolies and promote the
fair competition among the businesses (Heminway, 2013). On the other hand, OFT also work the
introduce the ethical practices in the marketplace and reduce the unfair competition exist in the

marketplace. The core objectives of OFT is to implement the right trading practices and building
appropriate market network system as well as introduction of restrictive practices. This proves to
be effective to remove the competition from the marketplace and meet the stakeholders of the all
related parties so as to accomplish the business activities in the right manner. Apart from this,
consumer credit related aspect is also monitored through OFT.
Defining dominant positions within the EU common market
Some of the business having strong presence in the marketplace affect the operational
activities of other small scale businesses operating by creating their dominant position. The
article 102 states Treaty regarding the EU function for the purpose of regulating the monopoly
through restricting the non-public industries from the competition. On the other hand, TFEU
under the article 102 describe regarding the competition law which aids to protect the right of all
businesses in an appropriate manner (Peterman, Kourula and Levitt, 2014). Furthermore,
corporation with the dominant position affect the organization companies through which
differentiation among customers and offering the discriminatory selling price. In this manner,
corporation creating the dominating position are harmful in the industry which become the
reason behind negative turnover of the corporations. This leads to affect economic growth also as
start ups will not get that much desired success. Moreover, businesses which are being
pressurized can take advantages of fair trading policies for their successful operation. This would
be effective to meet the expectations of all related parties. Thus, dominate positions of the
businesses is removed with the help of such kind of practices only.
Considering instances when under EU law exemptions will be made potentially anti-
competitive practices
EU exemption refers to the policies which promote some specific position of the business
that do not dominant position. The major purpose behind the EU exemption is to promote start
up businesses and promote the fair competition in the marketplace with the implementation of
right kind of strategies and regulation (Lee, Denizci Guillet and Law, 2013). Furthermore,
exemption is helpful for such kind of organization as they are not required to follow the rigid
competition related policies. This in turn businesses put efforts to expand in the marketplace and
meet the expectations of all related parties effectively. Furthermore, it is important that some of
the business which are exempted will not create any kind of dominant position in the

marketplace. In this manner, some specific business operate their businesses with greater level of
success without having negative impact on overall rate of return of other corporation. This leads
to meet the long as well as short term objectives of the businesses. In the same manner, freedom
of small businesses are determined through application of article 101. This leads to derive the
long run success of the business in the marketplace.
TASK 4 ESSAY
Identifying and explaining the different forms of intellectual property rights
Copyrights, patents and trademarks are different forms of intellectual property rights.
These are helpful to ensure the protection of personal property and accordingly promote the
creation of individual or organization in the right manner (Intellectual property, 2017). The
copyrights is the first form of intellectual property right under which expressive arts are
protected by taking the copyright of particular creation (Bayern, 2016.). However, copyright
prohibits others to copy the art of some from being copied. On the other hand, inventor's creation
is protected by the help of patent. Here, inventor get right to take the legal action against others
in case of usage, import or sell of the creation of that particular individual. Moreover, trademarks
is provided for the products, names of a particular organization in order to ensure the distinct
image of the business in the marketplace. For example, Tesco has created its specific logo and
name and accordingly firm has trademark for its products and services. Apart from this, novel
writers get the copyright for their expressive art. Therefore, mentioned forms of intellectual
property rights can be used by the business.
Outlining the principles relating to the protection of inventions through patent rights and legal
rules preventing their infringement
The protection of investor is necessary by getting the patent or suitable intellectual
property right. This is helpful for business or investor to protect their right effectively. Without
taking the patent of the invention, inventor do not have right to take the legal action against the
another party. Owing to this, government introduced patent for the protection of discoveries
whereby protection is necessary. For instance, Sheena copied Kareena's design of Trench coat
without seeking her permission (Bently and Sherman, 2014). She became the winner of the
OSCAR just by copying the design from another party. For this purpose, Kareen could have
taken the patent of her design first so as to get the security of the same. In this regard, legal rules

can be followed to claim against the culprit. For example, the product must have it patent on
right time in accordance with the set procedure. The product for which patent is being granted
must not violate the other products' or creations' patent. Moreover, the claimant need to ask for
the attorney. At this juncture, Copy Right Design Act 1988 can be applied for the successful
protection of the invention of all related parties and support them to accomplish their all related
important activities.
Describing the principles relating to copyright protection and legal rules preventing their
infringement
Copyright is considered as the intellectual property right under which music, film,
dramatic acts and broadcasting of work of work is covered. For this purpose, protection is
provided for such kind of aspect for the successful completion or protection of the rights. At this
juncture, art must be registered in term of granting the copyrights for individual in the right
manner. For instance, the work of compute generally gave the protection of 50 years limit. On
the other hand, protection of 25 years is provided so as to determine the well being of associated
party. For example, display of work in the public can be made possible with action of owner
(Williams, 2013). In addition to this, copies of work is provided in accordance with the desire of
the copyright owner. On the other, in case of critical situation owner can force other party to
spoil or end the original work which has been copied. This shows that owner has right to take the
appropriate action in case of infringement so as to protect right of all parties effectively. In this
manner, granting the copyright is the effective aspect to ensure the long term protection of the
property of individual or organization as whole.
Comparing and contrasting the protection of trademarks and business names
The protection of business and trade market is the different aspect which cannot be
considered as the same in case of any condition. These are generated for the purpose of creating
competitive edge of the business by creating unique identify in the marketplace. For this purpose,
trade mark is provided for products and services of the business different from others. It is made
possible by giving the special tag for the business (Grimpe and Hussinger, 2014). It leads
increase the satisfaction level of customers and supporting business to deliver the good quality of
services for large number of buyers. Apart from this, business name is another aspect under
which corporation get the special name registered for its identity. For this purpose, registration is

done and special logo is granted for the business. However, registration of trademark is
necessary which is not mandatory in case of the business name. The duration for trademark is 10
years which is not specific in case of name of the organization. Furthermore, exclusion right
form is associated with the trademark and company can take legal action against the faulty
person. However, the business name might be copied by other person and firm may not have
such kind of right.
CONCLUSION
The aforementioned report concludes that business law aids to provide protection fo the
corporation in several terms and ensure the well being of associated parties. Here, Sales of
Goods Act tends to determine the successful completion of of the product selling procedure. It
can also be concluded that intellectual property rights are important for the purpose of protecting
the intangible assets of the business. Furthermore, monopolies and anti-competitive practices are
applied by the business in order to ensure the ethical conduct of the business. In addition to this,
agent and right of agency play important role in conduct small businesses under which sale
contract take place between parties.

REFERENCES
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Online
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