Business Law and Intellectual Property

This assignment delves into the crucial relationship between business law and intellectual property (IP) rights. It requires a comprehensive analysis of relevant legal frameworks governing IP protection, such as patents, trademarks, and copyrights. Students need to demonstrate an understanding of how these laws influence various aspects of business operations, including contracts, mergers & acquisitions, and international trade. The analysis should also consider the ethical implications and challenges associated with IP protection in today's globalized economy.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................4
TASK 1............................................................................................................................................4
1.1 Analyse and advice Ben on the legal rules of implied terms relating to the sale of goods
and supply of
services........................................................................................................................................4
1.2 Analyse and advice Ben on the statutory provisions on the transfer of property and
possession....................................................................................................................................5
1.3 Evaluate the statutory provisions on buyer’s and seller’s remedies in sale of goods
contracts.......................................................................................................................................5
1.4 Analyse and advice on product liability legal rules and statutory provisions for faulty
goods............................................................................................................................................6
TASK 2............................................................................................................................................6
2.1 Differentiate between types of credit agreements which Ben as a consumer........................6
2.2 Analyse the legal rules on termination rights and default notices for Ben............................7
2.3 Analyse the general features of Agency and differentiate between the different types of
agents...........................................................................................................................................7
2.4 Evaluate the rights and duties of an agent to assist Ben........................................................8
TASK 3............................................................................................................................................8
3.1 Outline and explain the monopolies and anti-competitive practice legislation in the UK....8
3.2 Explain the role of the Competition Commission within the context of monopolies and
anti-competitive
Practices and the UK Office of Fair Trading..............................................................................9
3.3 Define dominant positions within the EU common market...................................................9
3.4 Consider instances when under EU law, exemptions will be made to potentially anti-
competitive
practices....................................................................................................................................10
TASK 4..........................................................................................................................................10
4.1 Identify and explain the different forms of intellectual property rights...............................10
4.2 Outline the principles relating to the protection of inventions through patent rights and
legal rules
preventing their infringement...................................................................................................10
4.3 Describe the principles relating to copyright protection and the legal rules preventing their
Infringement...............................................................................................................................11
4.4 Compare and contrast protection of trademark and business names...................................11

CONCLUSION..............................................................................................................................11
REFERENCES..............................................................................................................................12

INTRODUCTION
Law plays a significant role in the business as increasing complexities will be managed
by an entity by applying various rules and the regulations. His project report is all about
explaining the condition of Ben who have purchased car which involves default using sales of
goods act's principles. This report also stresses on implied terms of the act along rights and duties
of seller and buyer. This report also stresses on credit agreements and agency rules and
regulations adopted by an individual. Anti-competitive practice are also explained throughout the
report in order to provide basic advantage to an entity in achieving all the desired aims and the
objectives within a particular time period. Use of intellectual property tights are used by an entity
in order to protect their business from the external business users who can use the asset of the
business without the permission of the firm which will affect their overall performance.
TASK 1
1.1 Analyse and advice Ben on the legal rules of implied terms relating to the sale of goods and
supply of
services
Case background
` Ben intends to purchase a car and he saw advertisement in the magazine bout the Blue
New model Passat and then he approached the seller to purchase the car. He shows its
seriousness by paying security deposit of 150 GBP and then immediately purchased the car
which was run for total 18500 miles (Beatty and Samuelson, 2015). He purchased the car and
later found certain facts and figures about the car when he went on a trip with its family and fund
that engine of the car got stuck when he climbs on a hill. The further facts discovered about the
case that car has two owners and the engine of the car is stuck after running 18500 miles which
is mentioned in the servicing booklet.
This particular case is of exclusion clause as cause 9 mention in the agreement of sales of
goods contract among seller and the buyer is that the seller held not responsible for providing
any kind of description about the particular goods to the buyer at the time of sale.
According to the section 13 of implied terms specifically about the description of
particular products stats that any description given by the seller termed as valid until or unless it

is challenged by the buyer on certain grounds. So, in Ben's case the seller is not responsible for
further damage of property after sale due to default in the description of products.
1.2 Analyse and advice Ben on the statutory provisions on the transfer of property and
possession.
Ownership is regarded as one of the important aspects in the sale of goods act in which
all the goods sold by an entity from seller to buyer should also determine the ownership of a
particular food while creating sale of contract as this legalize the assets so;d from one person to
another for the beneficial of the business concern (Boldrin and Levine, 2012). There are various
reasons need to be ascertained by an entity owners in advance before entering into the sale of
contract as this will bind all the parties to the contract.
It can be said that owners of a property passes all the risks associated with the product
from the seller to the buyer of products or services. This provisions are related with the current
case in which Ben has purchased the damaged car from the seller whose engine is not properly
working due to higher miles runs by the car. So, in the case of Ben the car purchased by an
individual should have borne all the risks further faced by an individual related with the product
after sale of goods as Ben legally liable for all the obligations on them in elation to the legal
contract.
1.3 Evaluate the statutory provisions on buyer’s and seller’s remedies in sale of goods contracts
In accordance with the sale of good act the seller's remedies is mentioned in the act in
order to guide an individual in order to seek legal advice in case of default done with them in
relation to the sale of contract formed by them (Beatty and Samuelson, 2015). There are various
remedies that facilitate sellers of the contract is given as below:
 Real remedies and personal remedies related to the right pf seller with the possession of a
good sold by them in a particular year.
 They have right to stop the goods in transit according to their choice when they find
default in payment made by the buyer due to its insolvency.
 Products be resale by the seller when rights of reselling is mentioned in the contract
especially in case of perishable nature of goods.
Buyer's remedies
 A buyer can breach the sale of contract by rejecting the goods supplied by the seller

 In case of non- delivery of the goods from the seller to the buyer, a buyer ca claim all the
damages incurred by them due to non-delivery of products on the right time.
1.4 Analyse and advice on product liability legal rules and statutory provisions for faulty goods
Liability in tort of negligence
It is that provisions which is related with the loss suffered by an individual due to the
defects in a particular product with the carelessness of manufacturer of products then a buyer ca
sues the seller for their action (Gillies, 2014). In the give case, Ben ha purchased car from the
seller which later on found defective due to stuck engine which gets blocked due to higher
kilometer run of 18500. According to the provisions of the liability in tort of negligence,
seller held responsible on this particular ground of affecting the life of Ben who went on a trip
with his family and save from accident due to stuck engine while going on a hill.
There are various remedies available with an individual in relation to the negligence
incurred with an individual due to several defects found in the goods is give as below:
Contributory negligence- In this particular remedies which is occurred when a claimant or
outside party involved in the negligence process in order to affect the overall performance of an
individual by supplying defective products.
Exclusion clauses- It is that kind of clause in which seller get free from their responsibility by
mentioning each and every facts in the agreements and later if found any kind of default they
will get free from their obligations. In Ben's case the seller of car has used this clause in order to
avoid further consequences.
TASK 2
2.1 Differentiate between types of credit agreements which Ben as a consumer
An individual can take credit from different kinds of credit agreement which helps a
person in order to get finance in order to accomplish their desired aims and the objectives
(Heminway, 2013). There are various kinds of credit agreements used by Ben in order to
purchase car is given as below:
Hire purchase- The car is usually purchased by an individual through this kind as in this case a
person pays down payment and take the possession of car but its ownership will not transfer until
the last installment paid to the seller. It is usually preferred by Ben who have purchased car as if

he purchased car using this method then the damage will not be borne by an Ben as the
ownership will not get transferred in this mode.
Bank loan- It is commonly used method of getting credit as collateral security deposited by an
individual in order to get the loan. In this approach, specific interest is charged by the bank for
providing adequate amount of loan to a person.
2.2 Analyse the legal rules on termination rights and default notices for Ben
Termination of default
There are various ways in which credit agreements will be terminated by an individual
prior with the agreed time period by mutual consent of both creditor and debtor is given as
below:
 The default will be terminated due to the early settlement made by the debtor
 Termination can be done due to inability of debtor who return the goods as they are
unable to carry out the credit agreements.
 The obligations imposed on the debtor in this particular situations are required to deposit
the outstanding amount to the creditor and return the goods in appropriate condition.
Default by debtor
 Creditor issue default notice to the debtor before taking any legal action against the
debtor.
 The debtor can repay the amount lend by them from the creditor in order to terminate the
overall agreements of credit taken by an individual.
 In case of any default made by the debtor, creditor will recover the possession of any
kinds of goods except all kinds of protected goods or land.
2.3 Analyse the general features of Agency and differentiate between the different types of
agents.
An agent is appointed by an individual in order to decrease their work load as their
desired aim is to accomplish all aims and the objectives of the entity owner by taking external
help of the agent (Gill, 2015). It is a process which shows the relationship among principal and
agent in order to handle the business of an individual as the principal held responsible for all the
actions of agent. The Gill, J. 2015principal utilizes the expertise of their agent in accomplish all

the aims and the objectives of an entity in order to enhance their skills and the capabilities of an
entity in the external market.
There are various kinds of agent exist in the external market that can be employed by the
business owner in simplifying their work is given as below:
Mercantile agent- Wife is Gillies, P., 2014regarded as the mercantile agent of a husband as all
the actions of the wife will be borne by a husband. The expenditures incurred by wife will be
meet by a husband as they have relationship among both wife and husband.
Special agent- An employer employs agent in their business in order to fulfill various special
cats as their responsibility is limited to all the special objectives for which the agent is employed
in a business.
2.4 Evaluate the rights and duties of an agent to assist Ben
Duties of agent
Fiduciary- The primary aim of the agency relationship is to maintain honesty in the business as
all the revenues earned by the business will not be forged by the agents as honest agent will
transfer all the income in he business account and not in their personal accounts (Gillies, 2014).
The responsibility given y the principal to its agent is based on trust and loyalty created among
them.
Duty of skills care- The essential responsibility of an agent is to take care about all the goods
included in the business as all goods will not be affected as this will in turn increases the
liability.
Rights of Agent
Remuneration-The basic interest of an agent in the agency relationship is to get right amount of
remuneration for the services provided by them to the employer.
Reasonable expenses- The negligence incurred with the agent in the course of action of the
business will be borne by the principal as principal held responsible for compensating the loss
suffered by an agent.
TASK 3
3.1 Outline and explain the monopolies and anti-competitive practice legislation in the UK
Competition policy

This act come into existence in order to safeguard the interest of customers for the
exploitation in the external market. This helps in enhancing overall market efficiency by
stabilizing the market economy. The price of products will get lower in order to facilitate variety
of customers in the market.
Monopoly
In this market single seller occupies the overall market in order to dominate the overall
market by retaining all the customers in the external business environment. It emphasises on
different kinds of monopolies such as scale monopolies, complex monopolies.
3.2 Explain the role of the Competition Commission within the context of monopolies and anti-
competitive
Practices and the UK Office of Fair Trading
Competition act 1998- It is regulated by the government of UK which emphasises o eliminating
bad competition in the external market (Gill, 2015). The major aim of this particular competition
act is to abolish various competition acts which is abusing all other entities locating in the similar
industry. This will involve prohibition of distributing competition which includes fix purchase or
selling.
Enterprise Act 2002- This act is further classified as UK office o fair trading which focuses on
abolishing all inappropriate terms and conditions affecting the overall business performance of
external entities. This focuses on adopting fair trading approaches in enhancing all the skills and
the capabilities of an enterprise by regulating the overall market economy.
3.3 Define dominant positions within the EU common market
The rules and regulations imposed by the European Union will help an entity in order to
protect their business from the abuse of dominant position as the UK government has launched
legislation in order to regulate the performance of all the entities operating their firm in the
external business environment (Cornish, 2012). There are various ways which can be used by an
entity in improving their market performance is given as below:
Unfair purchase or selling prices- The legislation imposed by EU is emphasises on regulating
unfair purchases out of the legal boundary of the business. It is important to regulate the market
performance in order to create true and fair market position of an entity in the external market.

Limiting production- The production of an entity will get limited in order to ensure higher
productivity of the business. The reasons behind limiting the production is to regulate the prices
of products as demand will get increases when large amount of production held with an entity.
3.4 Consider instances when under EU law, exemptions will be made to potentially anti-
competitive
practices.
The competitive practices are developed by an entity in order to beat all the existing
competitors lies in the external market (Kubasek, 2014). Anti-competitive practices are
developed by the European union law in order to create equality by meeting all the expectations
of several entities located in the external business environment. Office for fair trading is initiated
in which all the trade barriers are abolished in order to protect the interest of the existing
business entities located in the market. The trade barriers re removed in order to enhance all the
skills and the capabilities of an enterprise with the passage of time.
TASK 4
4.1 Identify and explain the different forms of intellectual property rights
Intellectual property rights reflects the creative work done by an individual which is
treated like a physical asset or property (Heminway, 2013). The protection of intellectual
property right is essential in order to balance the right of the owner. There are different forms of
intellectual property rights give as below:
Patents- This intellectual property is usually given for inventions or industrial process designed
by an individual. It is given to a person for total period of 20 years which gives right to an
individual in order to use or sell.
Trademark- It can be a name, word, phrase, design or symbol depicts the brand name of an
entity. It is used against all the competitors who can steal the design of the company.
4.2 Outline the principles relating to the protection of inventions through patent rights and legal
rules
preventing their infringement
The right of patents can be issued to the investor as the unique product created by an
employee in the phase of employment (Kubasek, 2014). The primary motive of the authority is

to lend patent rights to an individual for designing new industrial process in the business. The
ultimate advantage gained by an individual is to protect their business from all the external
factors faced by an entity.
Employee has to be compensated by the employer as in the case of invention they will get
outstanding benefit in the business tenure in achieving desired aims and the objectives within a
particular time period.
4.3 Describe the principles relating to copyright protection and the legal rules preventing their
Infringement.
There are basically two kinds of infringement rights enjoyed by the users of the business
in relation to the copyright get by an entity in a particular time period (Murray, 2013). Direct
infringement is used in which it is highly concerned with the private use in which an entity will
not make any kind of profit out of it. Another infringement is secondary infringement in which
copyright is used commercially by an entity in order to ear higher amount of revenue as the
desire aims and the objectives within a given period. Desired motive of the business is to gain
higher business outcome by emphasises on needs and the expectations of the business by
achieving various aims and the objectives of an entity owner.
4.4 Compare and contrast protection of trademark and business names
Business name is unique name designed by an entity in order to accomplish desired aims
and the objectives in a given time span (Plimpton, 2011). The legal name is provided to an entity
which helps in operating their business in a give time span. There is clear difference among the
two terminologies used in an entity that is trademark or business names.
Business names is not regulated by any particular act but on the other hand, trademark is
regulated by the trademark act in order to accomplish desired aim and the objectives of the
business entity whose main motive is to accomplish different aims and targets developed by an
entity.
CONCLUSION
It can be concluded from the above assessment that laws play an important role in an
entity in regulating overall complexities faced by an entity within a particular time. This project
is all about explaining various laws and the regulations used in an entity in order to decrease all

the complexities imposed on an entity in order to evaluate the performance of an entity. This
report also emphasises on trademarks, patent law and copyrights in improving the overall
performance of an entity in order to gather various aims and targets included in the business
which needs to be improved.

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