Intellectual Property & Business Law

This assignment delves into the intersection of intellectual property law and business practice. It examines various types of intellectual property, their legal protection, and the ethical implications surrounding their use by businesses. Students are expected to analyze case studies, research current trends, and demonstrate an understanding of how intellectual property rights impact business decisions and strategies.

Business Law

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................4
TASK 1............................................................................................................................................4
1.1 Analyzing and advising the Ben on legal rules of implied terms relating to the sale of
goods and supply of services.......................................................................................................4
1.2 Analysing the and advising Ben on statutory provisions on the transfer of property and
possession ...................................................................................................................................5
1.3 Evaluating the statutory provisions on buyer's and seller's remedies in sale of goods
contracts.......................................................................................................................................5
1.4 Analysing and advising on product liability legal rules and statutory provisions for faulty
goods............................................................................................................................................6
TASK 2............................................................................................................................................7
2.1 Difference between the type of credit agreement which Ben as consumer could use to
purchase the car............................................................................................................................7
2.2 Analyzing the legal rules on termination right and default notices for Best as consumer in
case he suffered from issue in future the debts............................................................................8
2.3 Analyzing the general features of Agency and differentiate between the different types of
agents...........................................................................................................................................8
2.4 Evaluating the rights and duties of an agent to assists Ben understand his position as agent
......................................................................................................................................................9
TASK 3 essay................................................................................................................................10
TASK 4 essay................................................................................................................................12
CONCLUSION..............................................................................................................................15
REFERENCES..............................................................................................................................16

INTRODUCTION
Business law provides basis for the operation and regulation of the business by focusing
upon regulatory framework. It includes several laws through which all business transaction can
take place success and determine the satisfaction among all engaged parties. These various laws
consists of law related to intellectual property right, employment and bankruptcy ans well as
licensing etc. Present report is based on several case studies through which its impact on
effective management of business activities has been understood. In this regard, sales of goods
and supply of services act has been explained along with statutory provision on the transfer of
possession and property. In addition to this, monopolies and anti-competitive practice legislation
in the UK has been explained. Also, principles related to protection of invention through patent
rights and legal rules preventing the infringement are outlines.
TASK 1
1.1 Analyzing and advising the Ben on legal rules of implied terms relating to the sale of goods
and supply of services
According to the given scenario Ben was searching a car with his own specification and
then he came to know about dealer's magazine and saw the advertisement related to car. He
visited the showroom but for actually visualisation of car he need to 150 GBP in term of
consideration. After that he found the product very effective in the test drive but reality was
known when the product was purchase issue was faced in the engine. Ben went back to car
dealer to return the car but deals said that it was your decision to purchase as we already clarify
everything in documents regarding the car (Crane and Matten, 2016). In this regard, implied
terms relating the sale of goods and supply of the services can be applied as follows- Title-It refers to the right of seller that whether he possess or own the business and has
authority to sale the goods or not.
 Sale of goods by description-This is condition which reflects that good should be
consistent with description provided by the seller. Sale of goods by sample-The section 17 depicts that goods which has been sold should
be consistent with sample.

 Sale of goods by sample as well as description-It is the implied condition under which
goods must be in accordance with the sample and description both.
 Ensuring fitness-The quality of goods must be effective with consideration of price and
other features so as to meet the expectations of buyers.
The application of implied term in the case of Ben shows that car deals is at fault because
issues exist n the care were not discovered at the time of test drive (Appleman, Appleman and
Holmes, 2015). At the same time, dealer try took the advantage of exclusion clause by stating in
the documents that they are not liable for any fault in the vehicle. It is clear that exclusion clause
is contracting with Sales of Goods Act 1979 and accordingly Ben should claim for the damages
caused.
1.2 Analysing the and advising Ben on statutory provisions on the transfer of property and
possession
The statutory provision included in the transfer of property and possession are stated as
follows-
 The goods which is ascertained can be transferred only otherwise it will not be.
 The intention of both parties such as buyer and seller must be considered for the sale of
specific goods.
 It is the liability of the seller to notify the buyers regarding the delivery of goods along
with doings the necessary things related to the same.
 The goods or property which is being passed to buyers must be based on the approval.
According to the given scenario, statutory obligation present in the case were analysed
and complied effectively. On a critical note, the exclusion clause was not accordingly the
statutory obligations associated in the Transfer of Property Act, 1882.
1.3 Evaluating the statutory provisions on buyer's and seller's remedies in sale of goods contracts
There are several statutory provision for buyers and seller's remedies under the sale of
goods contract. It has been explained as follows-
Buyer's remedies
 In case of goods is not with quality and any kind of description provided for the same
then buyer can reject the whole or partial goods as per the contract

 The buyers has right to take legal action in case seller does not deliver the product on the
time frame or refuse the deliver the same (Acharya, Baghai and Subramanian, 2014).
 In case of breach of contract, buyer claim for the damages but do not get right to reject
the contract or repudiate the same. Buyer has right to claim for the damages and repairs caused while transferring the faulty
product. According to the given case Ben can claim for the fuel, cab fare and repair cost
etc.
Seller's remedies
 The seller can take the action in case buyer refuse to pay for the delivered goods or
services
 Seller also has right to take the action in case buyer refuse the accept the delivered goods.
 The sellers which are unpaid has several remedies available such as right to stoppage in
transit, and resale the goods. Along with the seller's lien is also the as the remedy
available for seller (Bently and Sherman, 2014).
 Seller can take advantages of the exclusion clause in order to reduce the liability in a
justified manner.
1.4 Analysing and advising on product liability legal rules and statutory provisions for faulty
goods
The statutory provision related to product liability can be understood with the respective
to Consumer Protection Act. It would be effective to meet the obligation of all related parties and
provide the comfortable situation for them in accordance to accomplish the contract in an
effectual manner. Here, in case product or any particular part of the same is found manufacturing
defect then customer has right to take appropriate action. Not only this but they can also claim
for the damages (Hoffman, Frederick and Schwartz, 2014). According to the Consumer
Protection Act, 1987 liability of faulty products and statutory provision of the same are provided.
Under this, injured party can easily claim for the damages. As per the given case scenario,
following remedies are provided for Ben-
 The buyer must possess the appropriate proof related to purchased product along with
evidence that it was faulty. According to the given case, Ben can prove the same with the

help of showing the evidence related to faulty product and accordingly claim can be made
for the getting the payment for the same (Weiss, 2014).
 Buyer must show that he has loss due to damaged product and in the given case one of
family member of Ben got injured and accordingly claim can be made for the damages.
 Also, it important to show the product was already having defect at the time of purchase
and not caused by the buyer after purchasing it. The case of the Ben had the same
situation because
TASK 2
2.1 Difference between the type of credit agreement which Ben as consumer could use to
purchase the car
There are different kind of credit facilities available for Ben which can be used for
purchasing the car effective and reduce the financial burden for particular time span. For this
purpose, basically two types of credit agreement can be accessed by Mr, Ben which are
explained as follows- Secured agreement-It is considered as the most effective credit agreement under which
Ben can access credit cards, bond over home and car loan as well as home loan. At this
juncture, in case Ben do not pay the credit on right time then lender can repossess the
assets back. It ensure the safety of both parties and enable them to complete the
successful transaction (Veblen, 2015).
 Unsecured agreement-It includes agreement such as Visa Cards, Petrol and Master as
well as retail store card under which Ben can get the finance in order to purchase the car.
For this purpose, in case Ben fails to pay the payment of the car then he would be forced
to pay the same with the help of credit collectors.
As per the difference between secured and unsecured agreement, Ben can make use of secured
agreement only to work as the agent and purchase car too. It would be effective for both parties
and accordingly their expectations can be met.
2.2 Analyzing the legal rules on termination right and default notices for Best as consumer in
case he suffered from issue in future the debts
The company selling the goods has right to terminate the contract in case customers fail
to pay for the purchased products. However, default notices are sent for recovering the debt. The

given case reflects that Ben purchased a car on credit basis but he is unable to pay for the same in
future (Bernstein, Korteweg and Laws, 2017). At this juncture, several remedies can be taken
regarding the validity of the termination rights as well as default notices. It has been explained as
follows- Section 77-This section states that right is provided to consumer to get the copy of
agreement which contains the financial details take place between the parties. It would be
effective to present the evidence regarding transaction made and full discourse of contract
as well as any kind of dues. For this purpose, Ben has right to claim for the detail analysis
of the contract.
 Section 87 and 88-Under this, 14 days prior notice must be provided to buyers for the
termination of the contract and to cancel the same effectively. It would be effective to
maintain the appropriate communication procedure among parties and support them to
meet objectives (Ellison and Boyd, 2013). At this juncture, Ben can notify the business
regarding the financial, issues and promise to make the payment of the same in the
particular time.
2.3 Analyzing the general features of Agency and differentiate between the different types of
agents
An agency is a legal agreement take place between two or more than two parties to work
on behalf of respective one. They work on the basis of mutual goals of the business unit under
which roles and responsibilities of each member is defined in an advance. The features of agency
are explained as follows-
 The statutory obligation is associated with the business under which both implied and
expressed obligations are also included in the business.
 The roles an responsibilities of engaged party is clear define on the basis of their work
and objectives
 The principal agent make the important decision to extract the valid outcome for the
business (Law, Buhalis and Cobanoglu, 2014).
An agency consists of several agent who work on the basis of role and benefits- Broker-Role of broker ends when the contract start among parties as this person serves as
the intermediary only.

 Factor-Handle the task related to forming the contract with third party to retain goods
and sale the same in future Auctioneer-He plays important role in selling the goods on behalf of the owner without
any kind of issues
 Commission agent-This agent work on the basis of commission and act like a normal
broker only so as to increase the rate of return effectively.
2.4 Evaluating the rights and duties of an agent to assists Ben understand his position as agent
Being agent of the second hand car agency, Ben must aware of his duties and rights
which are explained as follows-
Right of agent
 The agent can claim for the remuneration as he complete the given task
 The agent has right to retain the any sum in context of the business on behalf of the
principal (Rights and Duties of Agents, 2012).
 Ben will also have to collect the pending amount of the sold cars
 He is responsible to complete the task related to cancellation of deal and completing the
same effectively (McCahery, Sautner and Starks, 2016) Ben will not be paid remuneration in case of any kind of misconduct
Duties of agent
 It is the duty of the Ben as agent to provide the right guidelines to buyer for purchasing a
particular car or any goods
 Ben need to ensure that business is being conduct in an ethical manner and he is not
getting any kind of hidden profit
 The prime duty of agent to pay off all the sums except remuneration and other kind of
cost.
 Agent work with client in in accordance with guideline provided by the principal.
 The major duty of Ben will be to run business of principal on the basis of common
objectives.
TASK 3 ESSAY
Outlining and explaining the monopolies and anti-competitive practice legislation in the UK

Monopolies and anti-competitive practices are followed by the big businesses which are
specialised in their business and willing to create the leading position in the marketplace. The
market share of monopoly firm in UK account for 25% . It is because of monopoly power of the
business and its direct impact on the performance of the corporation. Such kind of businesses
create the issues for the country in the form of anti-competitive practices under which small
business are pressurised to move out of the market due to bargaining power of customers.
However, anti-competitive practices such as collusion, keeping the competitors out and
restrictive practices of the businesses in UK are regulation with the formation of below
mentioned acts- Fair Trading Act 1973-It is helpful to control the monopolies in the market as regulatory
bodies keep eye on the unethical or unfair practices of other businesses. Competition Act 1980-The competition act is helpful for promotion of all kind of
businesses by offering them opportunities to produce varied kind of products and services
which is done through investigation of monopoly practice (Ye, Wang and Law, 2014)
 Competition Act 1998-The main purpose behind this act is to match the EU law along
with regulation of anti-competitive practices so as to ensure successful operation of the
businesses overseas.
In this manner, public interest is focused by promoting the healthy competition and appropriate
regulatory practices in the marketplace.
Role of competition commission within the context of monopolies and anti-competitive
practices
The Competition Commission plays important role for the negative scene of monopoly
power and handle the cases effective by taking the appropriate decision. The basic focus is laid
in taking the further decision in context of restricted practices.
The EU & Anti-Competitive Practices
European union established certain principles related to free trade competition and
economic growth as well as efficiency. The article of 85 related to this contract shed light on
disagreement between member states so as protect the right of business. Furthermore, article 86
indicates that monopoly power should be prohibited in order to ensure fair competition among
the businesses (Hazard, Hodes and Jarvis, 2014).

The Office of Fair Trading (OFT)
It is the self-dependent body work to bring the efficiency and effectiveness in the
marketplace. It facilitates to support the small businesses to explore their market effective with
the help of reducing the unfair and unethical practices displaying in the marketplace. The major
objective related to Office of Fair Trading are stated as follows-
 Introducing the right trading practices in the market
 Building appropriate market network system
 Implementing the restrictive practices through which abuse in the marketplace power can
be inspected easily.
 Controlling the groundwork related to consumer credit.
Apart from this, different facet of product safety legislation. At this juncture, Health and
Safety Executive (HSE).
Defining dominant position within the EU common market
The dominant position of the businesses is created due to some of the specific businesses
which affect the operation of corporation to a great extent. According to article 102 of the Treaty
on the functioning of the EU is to complete the work related to dominant position. This is helpful
to regulate the monopoly under which private industries are restricted from the completion.
However, customers and society get negative impact of the same (Crane and Matten, 2016).
Furthermore, article 102's term is TFEU competition law through which internal market is
protected effectively. This would be effective to ensure fair trade among countries or member
stated which in turn overall rate of return can be increased by the businesses. In this manner,
dominant business abuses other business in the following manner-
 Output of the corporation varies in accordance with the bias of consumer
 Abuse related to discriminatory selling price and other related aspects are considered
 Framing the contract in a manner that no any connection with the subject matter of
contract
In this manner, dominant position of the business is not acceptable because corporation
need to take appropriate action in order to ensure well being of other related small business
organization. Thus, respective or pressurised businesses are provided fair trading policies so as to
ensure successful operation in the marketplace (Appleman, Appleman and Holmes, 2015).

Considering the application of EU exemptions to potentially anti-competitive practices
There are some specific policies which have exempted from the competition polices so as
to reduce its insignificant harm to society. For example, organizations which are not having the
dominant position are excluded from the policy of competition. It would be effective to operate
the business effectively and determine the success of the business in the marketplace with the
increased rate of return. It is because flexible practices are followed with the firm through which
most effective kind of products can be developed and specific requirement of customers can be
met in an effectual manner (Bently and Sherman, 2014). However, it is considered that those
specified excluded business unit will not form any kind of dominant position in the marketplace.
Moreover, some of the specific policies do not have major impact on the regulation of the
business due to its direct impact on the growth and development. Owing to this, it is important to
shed light on exempting some critical condition and promote the successful operation of the
business so as to cater the requirement of all related parties and determine successful operation
of the business at international marketplace. Therefore, article 101 exempt some of the
agreement which are not too much important for the small business and determine their freedom.
In this manner, anti-competitive practices are prohibited but growth of the business is focused for
the long run success.
TASK 4 ESSAY
Identifying and explaining the different forms of intellectual property rights
There are different forms of intellectual property rights which affect the performance of
business or specific creation of an individual. These forms are explained as follows. The first one
is copyright which is provided for the expressive arts under which no any person can copy the
creation of individual or organization without taking the permission. For this purpose, innovative
products or creation of individual is protect by the copyright. It proves to be effective to maintain
the uniqueness in the products and accordingly create the distinct image of the particular creation
in the marketplace (Weiss, 2014). On the other hand, patent is another intellectual property right
under which inventor get it secured from the copy, usage and import. There are varied kind of
patents such as design, plant and utility patent. In addition to this, trademarks is provided for the
product, name through which specific identity can be ensured. This makes it possible to
distinguish the product and services of particular company (Intellectual property, 2017).

Outlining the principles relating the protection of inventions through patent rights and legal
rules preventing their infringement
The appropriate invention needs the patent due to its proper security and support the other
related parties to do not copy the same. The introduction phase of patent is through government
so that new discoveries can be promoted in the nation. In case an invention get the patent then it
will not be used and sold or imitated without the permission of inventor as it is considered as the
property of inventory (Bernstein, Korteweg and Laws, 2017). For example, Leena copies design
of Unique boutique without taking permission for the same. She was not the winner of OSCAR
but still she became by imitating the design of another boutique. Owing to this, it is very
important to shed light on follow mentioned aspects-
 The product or design must be patented on right time
 Need to consider that patented product is not violating available patent on the same
design or product
 Claimant has right to ask for the attorney
In this manner, Copyright Designs and Patent ACT 1988 is helpful for the businesses to protect
their invention.
Describing the principles related to copyright protection and legal rules preventing their
infringement
Copyright is the protection of creation of individual through government. It specifically
involves recording related to music, film, broadcasting of work and dramatic acts such as dramas
and dance. It would be effective in meeting the expectations of all related parties which are
managing their own business (Ye, Wang and Law, 2014). At this juncture, registration of the art
is necessary by giving the copyright in protecting the right of individual effectively. For this
purpose, computer generated work has 50 years limit for the protection whereas typological
arrangements is provided 25 years protection. Moreover, the copyright owner can easily display
in the public and adapt the work as per the demand of the situation. Along with that, owner of
copyright can also make the arrangements for the purpose of taking copies of original work.
However, copyright owner is provided several rights such as damages, injunction. Along with
that, owner can also force to the person to destroy the copies of original work. It would be
effective to take the appropriate decision in case of infringement. Therefore, a work which

already has copyright can effectively get advantage by taking the legal action in case any body
copy the work and use the with their own name.
Comparing the contrasting the protection of trademarks and business name practice examples
The business name and trademark is different in each context which facilitates to secure
the strong position of the business in the marketplace due to its separate identify. Here, trade
mark is applied for making the products and services of one company different from another by
giving it special tag. On the the other hand, business name is used for operation of the
corporation. The intellectual property office is used for the registration whereby logo of the
business and any other specific word is used for its differentiation. On the contrary, it is not
necessary to register the business name (Hazard, Hodes, and Jarvis, 2014). Furthermore,
trademark is given for the tenure of 10 years from the date of registration. However, no such
fixed duration is given for the business name. In addition to this, trademark is termed as the
exclusive right through which creator has right to take the legal action against the person who
have copied the same. On the other hand, business name is selected by the owner but they do not
have right to take legal action against another person to stop using the same name. In this
manner, trademark and name of the organization has significant difference and it is considered in
the field of business law.
CONCLUSION
The aforementioned report concludes that business law plays important role by
completing all the transaction effectively and meeting the requirement of all related parties. It
proves to be effective to determine the requirement of the specific stakeholders. It can also be
concluded that trademark is the protection given for the products and services through which it
becomes easy for the corporation to secure its right at the national as well as international
market. In addition to this, intellectual property right is the effective aspect through which
unique identify of the specific brand is maintained and individual get the recognition effectively.
Moreover, Competition Commission and EU law plays significant role for the ethical conduct of
business and managing the fair trading among them.

REFERENCES
Journals and books
Acharya, V.V., Baghai, R.P. and Subramanian, K.V., 2014. Wrongful discharge laws and
innovation. Review of Financial Studies. 27(1). pp.301-346.
Appleman, J.A., Appleman, J. and Holmes, E.M., 2015. Excuses for Nonpayment and Defenses
to Actions for Premiums (Vol. 5). Appleman on Insurance Law and Practice.
Bently, L. and Sherman, B., 2014. Intellectual property law. Oxford University Press, USA.
Bernstein, S., Korteweg, A. and Laws, K., 2017. Attracting Early‐Stage Investors: Evidence
from a Randomized Field Experiment. The Journal of Finance. 72(2). pp.509-538.
Crane, A. and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
Ellison, N.B. and Boyd, D.M., 2013. Sociality through social network sites. In The Oxford
handbook of internet studies.
Hazard, G.C., Hodes, W.W. and Jarvis, P.R., 2014. Law of Lawyering. Wolters Kluwer Law &
Business.
Hoffman, W.M., Frederick, R.E. and Schwartz, M.S. eds., 2014. Business ethics: Readings and
cases in corporate morality. John Wiley & Sons.
Law, R., Buhalis, D. and Cobanoglu, C., 2014. Progress on information and communication
technologies in hospitality and tourism. International Journal of Contemporary
Hospitality Management. 26(5). pp.727-750.
McCahery, J.A., Sautner, Z. and Starks, L.T., 2016. Behind the scenes: The corporate
governance preferences of institutional investors. The Journal of Finance.
Veblen, T., 2015. The Higher Learning in America: The Annotated Edition: A Memorandum on
the Conduct of Universities by Business Men. JHU Press.
Weiss, J.W., 2014. Business ethics: A stakeholder and issues management approach. Berrett-
Koehler Publishers.
Ye, Q., Li, H., Wang, Z. and Law, R., 2014. The influence of hotel price on perceived service
quality and value in e-tourism: an empirical investigation based on online traveler
reviews. Journal of Hospitality & Tourism Research. 38(1). pp.23-39.
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<https://www.gov.uk/topic/intellectual-property/law-practice>. [Accessed on 5th April
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Rights and Duties of Agents. 2012. [Online]. Available through:
<http://www.lawsofbusiness.com/2012/04/rights-and-duties-of-agents.html>. [Accessed
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