Intellectual Property Rights and Business Laws

This assignment provides a detailed explanation of intellectual property rights, including trademarks, patents, and copyrights. It highlights the significance of protecting business names and symbols under Business Name Act 1985 and Trademarks Act 1994. The assignment also touches on the legal and regulatory environment of business, covering topics such as arbitration and securities regulation.

BUSINESS LAW

Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
1.1 Applying legal rules on implied items relating to sales of goods and supply of service.......1
1.2 Transfer of property and possession statutory provision.......................................................1
1.3 Evaluation of provisions available for buyer and seller remedies.........................................1
1.4 Product liability legal rules and statutory provisions for faulty goods..................................2
TASK 2............................................................................................................................................2
2.1 Difference between types of credit agreements.....................................................................2
2.2 Legal rules of terminating of rights and defaults notice of Ben............................................3
2.3 General features of agency and differentiating between them...............................................3
2.4 Evaluating rights and duties of agent in assistance with Ben................................................4
TASK 3............................................................................................................................................5
TASK 4............................................................................................................................................5
4.1 Form of Intellectual property rights.......................................................................................5
4.2 Principal related to protection of invention through patent right and legal rules..................6
4.3 Principles relating to copyright protection and legal rules preventing infringement.............6
4.4 Comparing and contrasting protection of trademarks............................................................6
CONCLUSION................................................................................................................................7
REFERENCE ..................................................................................................................................8
APPENDIX 1.................................................................................................................................10

INTRODUCTION
Under Sales of goods Act of year 1979 which is abiding and regulating all rules regarded to
purchase and sales of commodities or services within UK during or after 1894. So the current
assignment is dealing with factors related to this Sales of goods act 1979 which is detailing about
purchase of second hand car by Ben. Further the statutory provision on transfer of property and
possession will also be analysed with evaluating provision of buyer and seller remedies within
sales of goods contract.
TASK 1
1.1 Applying legal rules on implied items relating to sales of goods and supply of service
Under this sales of goods act of 1979 Consumer Contract Regulation 1999 will also be
covered which is protecting consumer and his right under the sales and purchase of goods or
service on unfair terms and conditions. It is mandatory as per the part of seller that he is including
all prescription about goods which they are selling to customer as per the section 13 of this
particular act (Allen and Kraakman, 2016). Thus, forming legal liability of seller to tell or include
all important details, documentations and terms or conditions which they are selling to their
customers. As in the above case where Ben purchased car from dealer where he was not
completely informed by dealer. As per the implied terms it could be made clear that there is default
condition on part of Ben that he wanted car in good state and it should also be owned by only 2
owners and also 18500 miles. But car dealer did not mentioned anything which was required on
side of Ben and did not tell that car was previously owned by taxi driver.
1.2 Transfer of property and possession statutory provision.
As per in case of Howlett and sons V Healy 1917 under section 16 which is including that
transfer of ownership of goods and service that is transitory from one person who is seller to other
one who is seller. Then in section 17 of the Sale of Goods Act that there must be specifically and
clear intentions to transit those goods and services from one person to the other. If there are no
clear intention of selling goods on part of seller then under section 18 there would be 5 rules
regarding property of goods are been passing on to buyer (Besley, 2015). Then under section 19 of
the Sale of Goods Act with sale of that commodity title of ownership of those goods need to be
transferred as well.
The Law of Property act 1925 which is one of the form of part UK parliament which is
leading to transfer of freehold or leasehold land by deed. This law is providing core of land law in
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UK which is providing consideration in different types of interest in land. The transfer of
ownership would be including giving out possession to other person with reference to sale and
purchase of it.
1.3 Evaluation of provisions available for buyer and seller remedies.
Remedies for buyer-
Ben is having the right to recover all his loss of damages caused to him as one of his
relative met with an accident form that particular car only. Other that this Ben is having right to get
his car replaced or getting his money refunded back as he was not given complete information
about the condition of car. Ben could be claiming for all kind of loss which has occurred to him
and to his relative as well.
Remedies to seller-
While to seller there is no remedy other than giving Ben the compensation on all loss and
damages caused to him this will be keeping him safer.
1.4 Product liability legal rules and statutory provisions for faulty goods.
Faulty or defective goods:
These are those goods which from the sales or purchase of goods whose quality and
quantity of loss and commodities are damaged could be termed to as defective or faulty goods
(Chemerinsky, 2016). However, any one part or either the whole product is damaged which need
to be recovered or compensated or both. Other than this if buyer or another person is suffering or
has got any injury due to that defected goods and then they are to suppose to get compensation.
There are various rules regarding products and their liability that are been laid down in Consumer
Protection Act 1987, Contract act and Tort act. But as per the part of that consumer who is
claiming goods to be defected or faulty must firstly prove why it is been received as defected.
Then he should prove that he or any other person is harmed due to this defected goods then only he
would be entitled to get compensation.
In above case of Ben and his defaulted car he is been able to file legal case against that
seller under Consumer Protection Act 1987 after proving the damaged car (Coffee Jr, Sale and
Henderson, 2015). Ben also needs to give clarification on subject that he and care dealer is under
contract of dealing with that car as per Contract law. Then as per Tort Law Ben needs to prove that
dealer is found neglecting his duties in lieu of giving him quality of products without any form of
damaged into them and also providing correct information related to products.
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TASK 2
2.1 Difference between types of credit agreements
There are various type of credit facilities which could be availed by Ben during his time of
buying the car from dealer for instance bank loan, hire purchase and credit card as well (Friedman
and Hayden, 2017). The aforesaid credit agreements would have been useful for Ben in purchasing
of second hand car. The following would have chosen from listed below:
Bank loan- this is the most common form of facility which are normally been availed by people as
this one is main carrying guarantee of inflow of money and having many options of repaying it
back. So Ben would have simply gone to any bank to take loan for purchasing of that car which
also includes directly taking loan and overdraft facilities.
Credit facility- this is also included by taking credit card from bank or any other financial agency
and this would be useful for purchasing of his second hand car (Kaplan, Weisberg and Binder,
2014). Ben could be able to come up into agreement of buying car before and then later on paying
for that purchased.
Creditor and debtor agreement- under Consumer Credit agreements 1974 includes having some
business linkage between seller and buyer and coming into future agreements to buy and sell
goods.
2.2 Legal rules of terminating of rights and defaults notice of Ben.
As per the Consumer Protection Act of 1987 there are provisions of customer calling off
his legal rights of paying to seller before he signs his contract with seller or within 14 days of
signing of that agreement (Miller and Cross, 2012). There is condition of giving prior notice of this
termination of rights into a written form clearly mentioning reason behind this cancellation which
is required as per part of Ben.
On the other hand in case of default notice is the letter issuing that Ben could be made as
defaulter if he is not able to make all dues on time. Thus it would be defaulting on regulated by
Consumer Credit Act 1974 keeping credit cards and personal loan under the default notice periods
towards the buyer.
It is required as per Ben that he is giving default notice of what all harm the car has caused
him and how much compensation is required. In much recent cases of UK law which is containing
notice of this default provision that is permitting any party termination of contract without giving
any kind of notice.
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2.3 General features of agency and differentiating between them
The agency who is supposed to sale and purchase of goods on behalf of other people but
done by them which is acting on others part and commencing business and earning. The person on
behalf of whom agency is doing the transfer of goods and service would be known to as principal
and they are regarded to as agent (Park, 2012). The creation of an agency is done on two different
types like by operations and through coming into a contract.
By operation of law-
This at the time of implied by law when there is need to create after coming into
relationship between agent and law. There is social or community need to form an agency which is
directly declared by law in implied form this is the case when agreement is not there. But this need
relationship must be communicated to required authority otherwise they are having power to
terminate required relationship. Then principal under this contract would be bearing all related
consequence of all activities undertaken by agent.
2.4 Evaluating rights and duties of agent in assistance with Ben
Agent is that person who is been appointed by principal in order to act upon his behalf to
sales and purchase of goods and services under the Contract act (Picciotto and Mayne, 2016). So
this agent would be having many rights and duties regarding his assistance with his principal Ben.
Rights of agent:
Right of lien- agent could be exercising right of lien of goods however there are no specified under
the act about whether it is particular or general lien so all this is done as per their mutual
understanding of agent and principal only.
Right of indemnity- as there is relationship between principal and agent so this principle of
indemnity is also been operated within them (Reed and et.al., 2013). Taking on part of principal
who is called as implied indemnifier and then the agent would be known to as implied indemnity
holder. Agent would be fully answerable to principal if they are causing any loss to goods or all
types of suffering.
Right to claim remuneration- agent is also having his right to claim remuneration for the work
done by him according to terms of agency (Rights and Duties of Agent, 2018).
Right to retainer- if there is any amount which is payable to principal and agent is having amount
due on him then agent is having right to deduct his amount that is due from the aforesaid money.
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Right to stoppage in transit- in case when goods are moving towards principal then agent is
having personal liability to stop the goods in transit.
Duty of agent:
 It is the duty of agent that they are following all instruction which are given by their
principal.
 Any kind of secret profits form the reputation or any other factor of principal is strictly
prohibited on side of agent.
 Agent should be remitting all amount due if any to principal on proper bases.
 Agent must be doing all his transactions as per his role of agent only not acting or running
any kind of transaction in his own name.
 It is the duty of agent that all properties at the time of insolvency or death of principal is
been safeguarded.
 In case of any type of complex situation which is arising must be communicated to
principal on priority bases in way of obtaining their view.
 Agent is not having right to delegate his act of power or duty to any other person.
 He is liable in keeping record of all the financial transactions that are occurring on part of
principal and then remitting correct and proper amount back to principal.
TASK 3
(Enclosed in ppt)
TASK 4
4.1 Form of Intellectual property rights.
All the intangible properties which are formed, created, crafted by person or group that too
must be very much original work is falling under Intellectual property and the right which is given
to creator of artist work is known to as Intellectual property rights (Riches and Allen, 2013). There
are various forms of property right falling under this Intellectual property right like that of
copyrights, patents, trademarks protected under Intellectual property act 2014.
Patent- this would be protecting any form of invention or discovery made by person or his original
design and novel procedure as well. All these inventions or original design must be useful for
society and must be non-obvious then only this would be getting protected. This would be giving
an exclusive right to that patent holder above their competitors from again copying or making that
non-obvious thing.
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Trademark- this is majorly identifying or symbolising brand or name of product which is been
kept for trading purpose and this distinguishing that from others in market (Schneeman, 2012).
Trademarks are been used by owner of that product and allowing him to trade or exchange product
in name under which that is been registered.
Copyrights- this is protecting the expression of thoughts, imagination and ideas which person is
inventing on his own. Copyrights are not just limited to music, art, craft, literary work or sculptural
art but are including all such work made by person which is unique in their own way (Types of
Intellectual Property, 2018).
4.2 Principal related to protection of invention through patent right and legal rules.
All the kinds of innovation which is done on part of person including his intelligence which
is non-obvious in nature and useful for society like any technological advancement done in any
field (Warren and Westbrook, 2013). These would be included and protected under Patent act
giving person right to make any changes as per his wish. The patent holder is having exclusive
right to buy or sell, make any modification and procedure related to registration laid down in
section 1-4 of the act. Patent mainly last for about 20 years from its creation or registration and
protecting that from imitating by others.
Infringement of patents-
Any person who is not authorised is using creation that too without taking permission of
patent holder. Patent holder is having right to file law case against the authorised person. If that
person is found guilty then court would be giving order to destroy all copies which that
unauthorised person is having.
The Patent act of 1977 which is including all type of requirements which is needed while
obtaining patent and then is resulting into right and governing remedy for infringement. While the
Intellectual Property 2014 is allowing implementing of Unified patent court applied in UK, Wales,
Scotland and Northern Ireland.
4.3 Principles relating to copyright protection and legal rules preventing infringement.
All the creation by person is been protected by law under copyright protection act which is
giving the person who owing it right to deal with that invention as per their own methods. Law is
meant to give protection to that original piece of work to exchange and modification of that piece
of work (Welch and et.al., 2016). Under the Copyright, Design and Patent act 1988 which is
governing UK which is giving time period of about 70 years.
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4.4 Comparing and contrasting protection of trademarks.
Business name Trademarks
Name of business would be regulated to
protect business names and
Any symbol, mark or colour which is
distinguishing on brand from the other is
called as Trademarks.
Business name is protected under Business
name act 1985.
Trademarks are protected under trademarks
act 1994.
CONCLUSION
At the end it was concluded that Ben is having right to get his compensation as he was
caused damaged by that car which was not in correct condition. Other than that there are many
intellectual property rights like that of copyright, patents and trademarks etc.,
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REFERENCE
Books and Journals:
Allen, W. T. and Kraakman, R., 2016. Commentaries and cases on the law of business
organization. Wolters Kluwer law & business.
Besley, T., 2015. Law, regulation, and the business climate: The nature and influence of the World
Bank Doing Business project. Journal of Economic Perspectives, 29(3), pp.99-120.
Chemerinsky, E., 2016. Constitutional law. Wolters Kluwer Law & Business.
Coffee Jr, J. C., Sale, H. and Henderson, M. T., 2015. Securities regulation: Cases and materials.
Friedman, L. M. and Hayden, G. M., 2017. American law: An introduction. Oxford University
Press.
Kaplan, J., Weisberg, R. and Binder, G., 2014. Criminal law: Cases and materials. Wolters Kluwer
Law & Business.
Miller, R. L. and Cross, F. B., 2012. Business Law, Alternate Edition: Text and Summarized Cases.
Cengage Learning.
Park, W. W., 2012. Arbitration of international business disputes: studies in law and practice.
OUP Oxford.
Picciotto, S. and Mayne, R. eds., 2016. Regulating international business: beyond liberalization.
Springer.
Reed, O. L., and et.al., 2013. The legal and regulatory environment of business (p. 328). McGraw-
Hill/Irwin.
Riches, S. and Allen, V., 2013. Keenan and Riches' business law. Pearson.
Schneeman, A., 2012. The law of corporations and other business organizations. Cengage
Learning.
Warren, E. and Westbrook, J. L., 2013. The law of debtors and creditors. Apen.
Welch, E. P., and et.al., 2016. Folk on the Delaware General Corporation Law: Fundamentals.
Wolters Kluwer Law & Business.
Werbach, K. and Hunter, D., 2012. For the win: How game thinking
Online:
Rights and Duties of Agents. 2018. Accessed through:
<http://www.lawsofbusiness.com/2012/04/rights-and-duties-of-agents.html>.
Types of Intellectual Property. 2018. Accessed through: <http://www.innovaccess.eu/types-of-ip>.
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APPENDIX 1
Task 3
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