Copyright Protection and Infringement : Report

Added on - 21 Jul 2020

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Business Law
Table of ContentsINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................11.1 Legal implications related to the sale of goods and supply of services................................11.2 The statutory provisions on the transfer of property and possession....................................21.3 Examination of statutory provisions on buyer’s and seller’s remedies.................................31.4 Product liability legal rules and statutory provisions for faulty goods.................................4TASK 2............................................................................................................................................52.1 Different types of credit agreements.....................................................................................52.2 Legal rules on termination rights and default notices...........................................................62.3 Features of Agency and different types of agents.................................................................72.4 Assessment of rights and duties of an agent.........................................................................8TASK 3...........................................................................................................................................83.1 Monopolies and anti-competitive practice legislation..........................................................83.2 Role of the Competition Commission within the context of monopolies and anti-competitive..................................................................................................................................9Practices......................................................................................................................................93.3 Governing positions within the EU common marketplace...................................................93.4 Postulation of EU exemption..............................................................................................10TASK 4..........................................................................................................................................104.1 Identification and explanation of different types of intellectual property rights................104.2 Principles relating to the protection of inventions through patent rights and legal rulespreventing their infringement....................................................................................................114.3 Principles relating to copyright protection and the regal rules preventing theirinfringement..............................................................................................................................114.4 Comparison of the protection of trademarks and business names.....................................11CONCLUSION..............................................................................................................................12REFERENCES..............................................................................................................................13
INTRODUCTIONBusiness law could be defined as the legal proceedings for conducting various enterpriseactivities and operations. It defines all the measures to be consider while initiating any businessand ways to manage activities of it. Various issues may arise while communicating and dealingwith other organisations which could only be handled and tackled by implementing laws andlegal implications (Business Law and Legal Definition,2016). Laws related to commercialenterprise dealings was initially formed by British Parliament and formation included variedfunctions of the organisation. Objective of the study is to apply and understand importance ofvarious laws. Few case studies will be used for implications of different rules as per the need ofsituation. The study will also discover usage of patents, trademarks and copy-writes. Differenttypes of agents and their rights will also be studied in the report.TASK 11.1 Legal implications related to the sale of goods and supply of servicesIrrespective of the exclusion clause, it can be concluded that Ben has rights to return hiscar to the dealer back as per the given case scenario. The reason behind initiating return to thecar dealer was no explanations were given to the Ben about the legal terms related to sell ofproducts and services (Archer, 2014). Inapplicable considerations of exemption clause was there.Two remarkable acts would be taken into account which has its own significance in the givencase. These are:Supply of services 1982Sale of goods 1979Both the mentioned acts have certain sections which are : section 12, 13, 14 and 15.There are various clauses of these acts. While conducting business activities and operations, it isrequired by the sellers to take into considerations all the following sections discussed below:Title (Section 12)To control misunderstanding and misinterpretation about the products that is beingpurchased, it is always advised to acquire goods with the sellers who are authorized andauthenticated. It should be checked that they have license to sell products to the customers. Ithelps in avoiding and controlling illegal and unauthenticated activities. It Oslo aid in tracking1
suspicious events. As per the given case, Ben has purchased his car from authentic dealer inlawful manner.Description (Section 13)This section deals with providing description of the products and services to the users isneeded to be precise and reliable (Barkemeyer, 2014.). Forgery should be avoided. Buyersshould not be misguided by providing fake details and information. While using variouspromotional techniques, it should be ensured that customers do not get mislead with theinformation provided by supplier. In the present scenario, in the purchase activity Ben cameacross several unethical happenings while buying car from the dealer. Advertisements about thecar was shown by them that single owner owned it but in reality ownership was hold by twopeople which came into existence after discovery of facts and figures made by Ben.Quality (Section 14)It is always required to ensure that quality of the services and goods provided to thecustomers should be maintained. While running business activities, top priority should be givento the customer satisfaction. If not acquired then, company will lose consumer loyalty (Biondiand Zambon, 2013). Success and failure of venture directly depends on it. In the case study, adefective and damaged car was provided to the Ben. Defects began to visible once he startedusing car. Car dealer was faulty in the given case as he did not maintain quality which could notbe justified.Sale of sample (Section 15)Sample of the products are shown to enhance its sale. Ben was not provided with actualproduct and final car that he got mismatched with the sample.1.2 The statutory provisions on the transfer of property and possessionFew provisions are associated with act of sale of goods for selling commodities to thebuyer. There are three categories available for classification of goods and these are general items,specific and indecisive. Particular products are those items which are already specified in thestatement that has been constructed between seller and customer. Products which are notmentioned in the agreement formed between the dealing parties are known as Indecisive orunfixed.2
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