Business Law & Intellectual Property Rights

This assignment delves into the crucial role of law in regulating business conduct and safeguarding intellectual property rights. It examines various legal concepts like trademarks and copyrights, highlighting their significance in protecting businesses from exploitation. The document emphasizes the importance of ethical practices and legal compliance for a fair and transparent business environment.

Business Law

INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
1.1 Legitimate regulation of implicit terms relating to merchandising of products and
supplying of employment............................................................................................................1
1.2 Suggest Ben on enactment provision on transferral of belongings and ownership..............2
1.3 Enactment provision on purchaser and marketer correction in sale of products agreements
.....................................................................................................................................................2
1.4 Advice on merchandise susceptibility lawful regulation and provender for defective goods
.....................................................................................................................................................3
TASK 2............................................................................................................................................4
2.1 Types of assets agreements...................................................................................................4
2.2 Judicial regulation on expiration rights and failure notification for Ben as a user...............4
2.3 Broad attributes of federal agency and difference betwixt various type of broker...............5
2.4 Rights and responsibility of an representative......................................................................5
TASK 3............................................................................................................................................6
Covered in PPT...........................................................................................................................6
TASK 4............................................................................................................................................6
4.1 Various type of intellectual belongings rights......................................................................6
4.2 Principles related to prevention of inventions through patent rights and legal rules............7
4.3 Principles of protection copyright and infringement............................................................7
4.4 Comparison and opposition of covering of hallmarks and enterprise names.......................8
CONCLUSION................................................................................................................................8
REFERENCES..............................................................................................................................10

INTRODUCTION
Law is highly indispensable for overall success of corporate world by protecting innocent
people from exploitative activities. Legal bodies are involving in designing numerous of acts and
orders in order to impose it at marketplace for preventing society so that they can develop
towards advancement (Bebchuk and Jackson , 2012). Additionally, almost every person is
following norms which is set by legislation for overcoming complicated business issues and
problems which is emerges in between seller or buyer. Therefore, assignment is focussing on
various legal rules and regulations for assisting purchaser about their necessary rules and
regulations. For example; sales of goods acts, transfer of property possession and so on. It
means, all these terms and conditions are playing very vital role in protecting individuals from
default notices and several legal issues. Apart from this, role of agents and their major duties
towards their customers are also discussed in this report for assisting Ben's in their complicated
situations. Furthermore, distinct types of intellectual properties are also outlining in this project
for understanding the need and benefits of creating something unique items. At last, provision
related with prevention of enterprise names and creativity are framing in this project.
TASK 1
1.1 Legitimate regulation of implicit terms relating to merchandising of products and supplying
of employment
According to acknowledged case study it has been assessed that Ben’s is facing a
numerous problems while involving in credit agreements accompanying with products
information. But as per the legal norms there are some acts and regulations which is implied on
sale of goods as well as supply of services. Section 12 of sale of goods act indicates that seller of
any products have legal rights to sell their products by using various appropriate strategies and
schemes. On the other hand section 13 implies that goods must have same as per it was
described. Whereas, section 14 says that items must be satisfied the quality which was discussed
in paper (Law, 2016). Thus, according to this law products which is identifies as a faulty within
the six months of its buying then it is found faulty from the beginning of its purchasing day.
Along with this, parties must have authority to breach the contract as per their terms and
conditions in order to reduce chances of any mistakes.
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On contrary to this section 14 (3) state that goods essential to suitable for specific
purpose for that it was designed. For example; in presented case study Ben is buying vehicle for
their personal use but unfortunately he was involved in a wrongful agreements because products
is not same as it was mentioned in description. Therefore, all the below sections are applicable in
given scenario for resolving problems in a defined period frame.
1.2 Suggest Ben on enactment provision on transferral of belongings and ownership
In acknowledged scenario it has been assessed that possession of transport is transferring
from one party to another in effective manner by satisfying their clients in a defined time frame.
Thus, while involving in these kind of agreements it is essential to get aware about the necessary
details and provision related with transferring of property. Therefore, some of the indispensable
provision and sections regarding property transferring under sales of goods acts 1979 are
discussed as follows::-
Section 5 is applied in this that is “title and passing of belongings”.
 Section 5.1 (a) highlights that seller have the authority to sell their designed products
 Section 5.2 is for showing transferring of title between seller and purchaser. In this act, it
is stated that in the case of any faulty product then have the authority to sue third part for
any damages and losses in order to recover it in minimum duration.
Basically, it has been understood that Ben must use definite quantity of legal laws and
various sections of 5 while transferring the geographic area or header from seller to him in order
to overcome identified problems ( Hammond, 2012). However, it is indispensable for resolution
definite problems in a desired time frame for dominant it as soon as possible. Mainly, several
number goods acts and sections are used under this for resolving distinct issues and conflicting
situations which might occurred between seller and buyer.
1.3 Enactment provision on purchaser and marketer correction in sale of products agreements
Some of the major legal accompanying with buyer and seller remedies under sale of
goods are section 38 of SOGA 1979 whose main objective is to indicated that seller is consider
as unpaid seller when overall price of products is not paid or either it will be paid through
cheque. Thus, some of the major rights of unpaid seller is described as follows:-
Section 39 SOGA 1979 said that seller must have authority to lien on specific products
as well as authority to retain goods for particular cost until and unless he/ she is still have title of
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possession. Apart from this, if purchaser become insolvent then seller must have opportunity to
stoppage the movement of goods.
Some of the minor or appropriate remedies are; section 41-43 it means authority against
the goods is lien, section 44-46 means stoppage of goods transferral, section 48; in this retention
and re-sale of product goods which is controlled by sales act.
Individualized redress are; authority against buyer- section 49 is action for cost of goods
and section 50 ; right of non-acceptance in case of any damages.
Remedies of buyer; as per legal laws consumers are having numerous of authority under
the part 5A SGA 1979. Apart from this, according to section 48B (1) of SOGA act 1979 repair or
replacement clients have the right to replace any products in case of any fraudulent activities. On
the other hand, section 48 C (1) showing the authority of consumer that they have the right of
reducing the product price as per their opinions (Besley, 2015).
Hence, it has been understood that all the preceding religious writing and norms are
applied on Ben’ s case so that he can resolution the problems in a minimum duration frame and
satisfied needs.
1.4 Advice on merchandise susceptibility lawful regulation and provender for defective goods
In this scenario product liability is falls as per legal document of tort as well as user
security act 1987. One of the most popular case of goods indebtedness is of Donoghue v
Stevenson 1932 in this scenario Lord Atkin gave the decision that producer of product have the
authority to take care of specific goods so that consumers cannot faced any problem. Along with
this, trying to control the possibilities of injury which is suffered by clients due to damage.
Instead of this, one of the major situation is that “when the goods is considered as
defective” ; basically any commodity is considered as defective in two main situations; initially
when any product is failed in fulfilling the conditions of goods as per the aspects of agreement.
Secondly, if any goods is seen as dangerous for consumers then it falls under section 3 (1)
consumer protection act 1987.
Now it’s time to focus on given scenario in which seller of vehicle is escaping from their
liability of defective products as per clause 9 and it is consider as unfair terms in consumer
contracts regulation 1999. Main reason behind this that it excludes all the liabilities which is not
brought in the specific notice of Mr. Ben’s .
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TASK 2
2.1 Types of assets agreements
According to acknowledged case study Ben's is involving in a illegitimate agreements
due to which he is facing a major problems and going through issues without understanding each
or every aspects. Basically, he is not aware about the indispensable clause 9 in that it is distinctly
explained that seller is not responsible for any loss or problem after selling the product. But at
the same time it has been understood that this is credit agreements in which buyer can claim for
this because payment is not yet fulfilled (Allen, 2017).
The following points differentiates credit agreements-
 If one is apportioning recognition to the customised that must fulfil with the client credit
act and the applicable regulation that consist those implementing the consumer credit
directional.
 The condition of the statement must also fitting the unfair terms in the customer bidding.
 If one don't follows the customer credit regulation, amending credit conformity against a
buyer will be only using improbable hazard order.
Basically, three distinct types of credit agreements are identified which is described as follows:-
 Small agreements:- As per this term, if an individual is engaged in acquiring loan for a
minimum time period which is less that 15000 Euro then it falls under this category. For
example; agreements within six months, for a day and so on.
 Medium:- In this component customers needs to involved in gaining loan for not more
that 25000 Euro which is either for half yearly basis, annually or not more than 3 years.
For instance; substance loan etc.
 Long term agreements:- At the end, this contracts are of maximum time period in which
customers are acquiring loan for more than 5 years such as 10- 20 and so on. For
example; housing, business and so on (Trevino and Nelson, 2016).
2.2 Judicial regulation on expiration rights and failure notification for Ben as a user
Ben’s have authority to terminate his credit agreements because number of rights are
given for consumer in consumer protection act 1974. Basically, as per this law clients have the
authority to terminate any credit agreements before signing the contract as well as within the 14
days of signing. Hence, Ben’s needs to pass a message to his seller that he is going to cancel the
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agreements which is consider as giving notice that is in written form. But at the same time if
buyer have facing any problem while paying back all the dues then:-
 Lender requisite to seen arrears notice and fiscal conduct authorization message sheet
but it is not essential for green deal plan.
 Apart from all the other things it is necessary for send a default notice which must be
consist of FCA information sheet through website that is www.fca.org.uk.
 Authority to charge any additional fare on Ben’s due to few essential reasons.
2.3 Broad attributes of federal agency and difference betwixt various type of broker
Agency is a relationship between two entities they are conjugated with a legal contract
the one person is illustrious as principle and the other is agent (Laro and Pratt, 2011). The agent
act on the behalf of the principle. There are certain features of the agencies:
 Representation : An agent is the representative of the principle who deals with the third
party and they are responsible to principle.
 Delegation of authority : In this kind of contract principle appoints an agent with some
legalisation to act on their behalf.
 Contractual capacity : The principle and agent should be competent according to the
law and they are incomplete unsound mind, minor, or disqualified in the eye of law.
 Agents
 Sub agents: Sub agency denotes delegation of power by an agent to a person appointed
by them as sub agent similar to the agent who is being appointed by their principle.
 Special agents : A special agent is known as a specific or a particular agent such as a
particular agent for specialized work they represents their principle on particular
transactions only.
General agents: This type of broker has a general-purpose authorisation to perform
everything in the course of their administrative unit and they have to carry out all the act on
behalf of principle interest (Devine and et. al., 2017).
2.4 Rights and responsibility of an representative
For an agent it is require to follow some legal instructions that are required to dealing
with other parties. They have certain rights and duties that they wants to accomplish in effective
manner. Duties of an agent are given below as -
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 Duty of care skill – it is the right of agent to accomplish their duties in effective that
assigned to them. For this, they should have to work in effective manner for provide
appropriate services to others. In this process, they needs to face several challenges that
provide opportunity to perform easily.
 Duty of loyalty – For an agent, it is require to accomplish their duty for the firm in
proper manner. They should have to be loyal toward their work and task that assigned by
higher authorities.
Rights of agent – There are several rights of an agent are given below as -
 Remuneration- It is the right of an agent to take remuneration and salary for the services
that they provide in an organisation. These services should have to be based on functional
activities for that they perform. Through this an individual feel motivated. They can also
get commission for their services if they are independent profession of firm (Dunning,
2013).
TASK 3
Covered in PPT
TASK 4
4.1 Various type of intellectual belongings rights
Intellectual property are intangible assets for which government of a country implement
specific or exclusive right that are regulated by law. These are protective rights that are
implemented on physical property. Some of the intellectual properties are -
Trademark – It is a symbol that identify uniqueness of specific products or a brand. It
protect and organisation and its products from substitute services that are available in market.
Trademark provide a exclusive right to the owner of the product and brand. For this owner
require to protect them by renewing its policy and further procedure (Munch, 2012).
Patents – These are protect new inventions that are originally designed by someone.
These are the exclusive rights of patent holders too save their authenticate rights and property. It
provide appropriate profits to an individual for their inventions and ideas. This procedure should
have to fulfil some criteria as - Invention needs to be new and contain some specific knowledge
and idea that never used before.
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Copyright – This provide authentic right to owner of some physical services as music,
Nobel, biography, picture , graphic, programming or dramatic work. It can be transferred if
owner wants to sales its popery and physical service to others.
4.2 Principles related to prevention of inventions through patent rights and legal rules
Patent rights are highly beneficial for any individual or innovator because it helps in
protecting creators from misused and wrongful conducts. Along with this, it helps an enterprise
in various manners such as; attracting consumers with best qualitative services, products, image
and so on (Muchlinski, 2012). Thus, advantageous of patent in business organization and its
rights are discussed as below:-
 Patent holder has authority to take legal action in case of any copying, manufacturing,
selling and importing without acquiring any permission.
 Secondly, provides permission to another if anyone can use it without permission then
action must have taken as per civil law in order to prevent invention from any
exploitation.
Instead of all this, patent is granting some rights to following person which is discussed
as follows:-
 Right to sell his invention to other parties as well as other intellectual property rights.
 Licence the creation to some other person but still have authority to retain all the IP
rights.
Patent infringement means producing, utilizing, merchandising or importing a patented
goods or process without taking allowing its lawful entrepreneur. In fact, patent holder have right
to take legal action and must have right to claim for any damages in case of any infringement of
patent authority (Abdi and Aulakh, 2012).
4.3 Principles of protection copyright and infringement
Copyright is highly beneficial for company success and development because it aids in
impressing clients with qualitative goods. Along with this, it helps an enterprise in preventing
copyright with various issues and wrongful conducts. Thus, some of teh major rightrs of
copyright owner is-
They are having both moral as well as economic rights from which moral authority is to
remember as author and economic is recognized that a person have the authority to copy the
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work. Along with this, right to distribute the work as well as broadcast across the distinct
regions. In fact, it survive till the death of a person and 70 years after the end of his/ her life.
Basically, if work of copyright people are copied by other person then it is consider as
infringement of copyright. But at the same time legal bodies was framed some acts and provide
authority to sue other party in the case of fraudulent acts for giving justice to sufferer one. For
example restrain the copying of a creativity and stop the broadcasting process.
4.4 Comparison and opposition of covering of hallmarks and enterprise names
Enterprise names and trademarks are cardinal different matters that are whole distinct
from each other as well as offer distinct facilities to an organization. Thus, it is essential for
understating both the matter in best way by understating each or every aspects. However, here is
highly deviation between prevention acknowledged to organizational name and trademarks.
Mainly, companies house is liable for accompany entering in Great Britain due to which
organisation law and trademark laws are distinguish from each other (Shum and Yam, 2011).
Beside this, it has been understood that an organization have numerous of company name and it
is not accepted as a trademark. For example; name of firm is a dot a distinctive but its descriptive
word which represent an association and cluster of employees in front of marketplace. Moreover,
already registered as a trademark but at the same time trademark is not registered as a business
name. Mainly, trademark is consider as illegal in nature and highlighting the major connection
with governing bodies
CONCLUSION
From the preceding assignment it has been concluded that several laws are designed by
legitimate bodies for preventing buyer and sellers from wrongful conducts. In fact, it helps an
association in various manners such as; prevent consumers, societal members, assist managers
towards corrective path, create discrimination free environment and so on. Main objective of this
report is to impose all the necessary laws and orders at workplace and market for preventing
business names from exploitative activities. Number of legal terms and conditions was discussed
for improving the performance of overall corporate companies. It has been observed that
intellectual properties are playing crucial role in maximizing the profit of an enterprise by
capturing attention of maximum customers. At the same time, number of members are identified
which are misusing the creativity of some other person due to this legitimate bodies are
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involving in framing norms for preventing copyrights from exploitative activities. As a result by
analysing overall study it is identified that every individuals needs to follow specific rules and
regulations for persevering society from various activities.
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REFERENCES
Books and Journals
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