Protecting Business Rights: A Study on Copyrights, Patents, and Trademarks

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BUSINESS LAW

TABLE OF CONTENTS
Introduction......................................................................................................................................3
Task 1...............................................................................................................................................3
1.1 legal rules on implied terms relating to sales of goods act and supply of services...............3
1.2 Statutory provisions on the transfer of property and possession...........................................4
1.3 Statutory provisions on buyers and sellers remedies in sales of goods act...........................4
1.4 Product liability statutory provision......................................................................................4
2.2 Legal rules, termination rights of Peter his rights and responsibilities..................................5
Task 2...............................................................................................................................................5
2.1 Difference between types of credit agreements.....................................................................5
2.3 Difference between several types of agents...........................................................................6
2.4 Rights and duties of an agent.................................................................................................6
3.1 Monopolies and anti-competitive practice legislation...........................................................7
3.2Role of competition commission............................................................................................7
3.3 Dominant positions within EU common market...................................................................7
3.4 Application of EU exemptions to potentially anti competitive practices..............................8
4.1 Identify several forms of intellectual property......................................................................8
4.4 Compare and contrast protection of trademarks and business names...................................8
Task 3...............................................................................................................................................8
4.2 Principals related to protection of inventions through patent rights and their infringement. 8
4.3 Principals related to copyrights..............................................................................................9
Conclusion.......................................................................................................................................9
References......................................................................................................................................10
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INTRODUCTION
Business law is the term which explain rights and duties of both parties those who are
involved in the contract. It is the regulatory frame work that helps in running business legally in
order to avoid future consequences. Present report is based on different cases which are faced by
Mrs. Smith (Forrer and Katsos, 2015). Current assignment will discuss the rules of sale of goods
and supply services. It will evaluate the rights and duties of an agent. In addition, study will
describe the key provisions relating to intellectual property rights.
TASK 1
1.1 legal rules on implied terms relating to sales of goods act and supply of services
Sales of goods act 1979 is the act which regulates the contract of sold and bought. In the
case 1 it is shown that Mrs. Smith has paid for second hand hair dresser for its saloon. After
examining the goods she has agreed to buy it. But in the moving process the hairdresser get
damaged (Xie and Chaipoopirutana, 2014). Sales of good act explains that it is the responsibility
of seller to deliver the perfect goods. So in the moving process product get damaged so Mrs.
Smith is entitled to claim the case against the seller. According to case 2 curio r was not
delivered to the hand of lady. Carpet was stolen before its reached to final user. According to
sales of goods act 14 (3), it is the duty of seller to provide fit goods to the buyer. If not then
individual will be liable for compensation. In this condition it can be suggested to Mrs. Smith to
claim the seller because individual has send unfit goods to the lady (Nica, 2013).
As per the case 2, final carpet is not being received by the Mrs. Smith and it was stolen.
Sales of goods act implied term explained that until goods transfer to the user it is the
responsibility of seller. As per the case 3, straightener was damaged so under the warranty of
sales of goods act, it is the responsibility of seller because individual has given faulty goods to
the lady. Section 15 and 14 of this act says that if test drive is differed from actual portrayed then
individual can claim against the seller (Veblen, 2015). According to case 4, Peter will have to
pay the amount of installment because individual has made contract with the Alf & Son.
From the cases it can be said that seller has not acted according to legal boundary. As test
drive of straighter is not actual as it was tested. So Mrs. Smith has full rights to claim against the
seller as per the implied rules of sales of goods act (Newburn and Stanko, 2013).
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1.2 Statutory provisions on the transfer of property and possession
According to the give cases of Mrs. Smith several statutory can be applied:
 Section 16: It stat es that ownership of goods can easily be transfer if it is ascertained.
 Section 17: Goods will get transferred to other party as per their intention.
 Section 19: It gives rights to seller of disposing title which is supply to buyer.
 Section 20: Risk will get passed with ownership of goods (Glenn, 2014).
1.3 Statutory provisions on buyers and sellers remedies in sales of goods act
Remedy of Mrs. Smith
 Buyer has right to claim against the seller for damage or for faulty goods. In the present
case Mrs. Smith has received faulty hairdresser and faulty straightener. So she can claim
for repai or replacement of goods.
 Mrs. Smith can obtain the order for performance of purchased products. As the straighter
was not performing well so she is liable to replace nor refund. She can claim for liquidated damages as well (Shackelford and et.al, 2015).
Remedy of Alf & Sons
 As son of Mrs. Smith has lost his job and if seller got this news then seller has rights to
stop the goods in the transits. Alf & Sons can caught car because Peter is unable to pay
installment on time.
 Seller can also cancel the order of selling the goods.
 Seller has rights of re covering the goods if Peter doesn't pay installment on time.
 Alf & Sons can forfeited the contract. As son of Mrs. Smith has lost his job t hen he is
unable to make payment thus, seller has right to forfeited it (Fabiani and Sbragia, 2014).
1.4 Product liability statutory provision
As in the case of straighter it was found that it was faulty. Defective goods can be
explained as there are some mistakes or shortcoming in term of quality or quantity. Products
liability rules are ; consumer protection act 1987, contract and tort. Consumer protection act
shows that once Mrs. Smith has proved that good is defective then she would not have to prove
any thing else. She would have to explain that straighter was perfect at the time of making
payment but when she has used once, product found faulty (Cavitch, 2016).
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Thus, buyer is liable to claim against the defective goods because actual perforce was
differed what was explained at the time of buying the product.
2.2 Legal rules, termination rights of Peter his rights and responsibilities
Consumer protection act 1974 explains that buyer has rights to terminate the contract. In
the present case Peter has purchased the car on credit but he has lost his job and now he is unable
to make remaining payments on time. Section 87 and 88 of this act shows that customer can
terminate the credit agreement within 14 days. Person can give written not ice of cancellation to
the seller by explains the valid reason of termination (Ghemawat, 2016).
Section 77 of consumer protection act 1974 explains that customer has full right to avail
agreement copy in order to know the financial transactions. By this way credit worthiness of
Peter will be identifies and individual can claim to make payment after getting job soon.
TASK 2
2.1 Difference between types of credit agreements
There are many types of credit agreement and these all are differed from each others: Bank loan: It is the type of credit agreement in which Peter can borrow money from
financial institute for particular time period. With the help of this individual will be able
to pay the credit amount. But bank charges some interest and person can repay it in easy
monthly installment (Abuse of a dominant position. 2014). Hire purchase: It is another type of credit agreement in which consumer can borrow
money for purchasing any goods. Once, the purchase has been done then they get rights
of property. But if borrower do not make payments on time then creditor has full rights to
ask for return the goods until individual pays full amount (Monayery, 2014).
 Credit sales: It is another type of credit agreement but it is differed from hire purchase
agreement. The major difference is of transfer of ownership. If any payment is skipped by
buyer then seller has full rights to terminate the contract.
2.3 Difference between several types of agents
Agency is the legal contract in which one party gets agreed to work for other party in
order to achieve common targets. Agent is the person who work for other person in order to gain
commission. Several types of agents are as discussed below:
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 General agents: They are the persons those who are having unlimited authorities to work
on behalf of principals. They do not have to recourse the principals in every point of
transaction (Ghemawat, 2016). Del Credere agent: These are such people those who undertakes guarantee of goods and
if any damage arise then they have to indemnify from the transactions. In return agent
receive some amount in form of remuneration from the main party or principals. Factor: This is another type of agent those who posses responsibility towards goods.
They are liable for collection and recovering of debtor's amount. They are hired by the
entities for carrying out operations (Cavitch, 2016).
 Special agents: these are such people those who are hired by principals for specific task
and after completing task agency terminate the contract such as polling agent.
2.4 Rights and duties of an agent
Duties of an agent
 Individual has to follow instruction of agency and person has to be obedient.
 Agent is responsible for care and skills for work which is assigned to the individual.
 An agent has to be loyal towards principals. Individual can not miscommunication to
third party for goods and its services (Glenn, 2014).
Rights of an agent
 Agent has right to get salary or commission for its work. Agency has to give some
specific remuneration for their work and efforts.
 Agent has right of reimbursement and indemnity if any loss takes place.
 Agent has lien right which means person can retain the goods until agency has not paid
remuneration to the individual.
 If any dispute takes place then agent can come out of this because third party will sue
againt pictorial (Nica, 2013).
3.1 Monopolies and anti-competitive practice legislation
Monopolies and restrictive practice act 1948:
It is the legal frame work which restrict the business from expansion to specific point.
That can give monopolistic power so that it can enhance its market reputation.
Monopolies and merger act 1965:
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It is the legal frame work which restrict the organization from merger and acquisition if
organization is exceeding more than 25%. Thew rationale behind this, that to avoid dominant
position of the entity in the market so that fair practices can be carried out (Veblen, 2015).
Enterprise act 2002:.
It is the legislation that ensures that firm do not possess political impact. In this act
authorities checks to assess mergers so that it can be ensured that entity is working independently
instead of influenced by political parties.
3.2Role of competition commission
Competition commission plays significant role in stabilizing competition in the country.
Commission continuous check and have an eye over anti competitive of monopoly practices. By
this way they ensure that unfair practices can be avoided from the economy. This practice would
help in developing economic condition of the nation (Shackelford and et.al, 2015).
Competitive commission emphasis on reducing monopoly influences so that country can
get developed soon. The office of fair trading (OFT) is another important part of this unit. It
makes provisions for consumer credit and it promotes such type of market structure in which
competitive behavior can be seen clearly (Newburn and Stanko, 2013).
3.3 Dominant positions within EU common market
Dominant position can be explained in a way in which organization takes controlling
position and they perform as sole player. By this way entity will get benefit of higher sales, high
market share and high demand. European union treaty in Article 82 explains that any kind of
abuse done by firm which is holding dominant position in the common market will be prohibited
as incompatible. It can affect trade between tow nations to great extent (Xie and
Chaipoopirutana, 2014).
Dominant position is not acceptable in the UK country thus, it results minimizing
measures of competition. By this way power of decision making on independent bases gets
reduced.
3.4 Application of EU exemptions to potentially anti competitive practices
Certain practices have exempted by policy of competition in order to minimize harm to
society. Article 101 of competition is being excluded from the practice. This norm assist in
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improving economy condition of the nation to great extent. If there are unfair practices then in
such condition some practices are being exempted from the policies.
That is why companies are trying to develop their position and they seek to develop
platforms where fare competition can take place within economy (Forrer and Katsos, 2015).
4.1 Identify several forms of intellectual property
Patent is the type of intellectual property which protects new inventions and protects
features so that things can work accurately. It is necessary for getting patent that to meet some
criteria such as invention must be new and they must be capable for working well in the industry.
It restricts from reproduction, copy of the products (Shackelford and et.al, 2015).
Designs is another type of intellectual property that protects overall visual appearance of
goods so that no one can replicate the design. Copyrights is another form of intellectual property
that helps in protecting literary words. Trademarks is the sign which creates unique image of the
company and make the product differed from other competitors brand (Nica, 2013).
4.4 Compare and contrast protection of trademarks and business names
There is huge difference between protection of brand name and trademark. If name of
the company is registered then it does not mean organization has a trademark right on it.
Trademark is the sign of an entity which made is differed from other brand. Whereas brand
name is used for making people informed for products and services of particular firm. Trade
includes logo, word for defining the organization, it is necessary to be resisted. Whereas, brand
name needs not to be registered until business is using name of other (Monayery, 2014).
Business name has no time limitation but trademark is having 10 year time duration from
registration date. Trade mark gives exclusive rights if any person use it then firm can stop the
individual from using it. Whereas in the brand name owner can not stop other for using name.
TASK 3
4.2 Principals related to protection of inventions through patent rights and their infringement
Patent is given for new invention, in which authorities give rights to patentee that person
can stop other to use the thing without permission. It is the rule that patentee has to keep the idea
secret until patent is not given. Patent is for 20 year from its commencement date. In the first
four years it is necessary to be renewed and if person do not renew this then other person has
right to use the inventions. Though Tony and jams had not yet take patent for the video game so
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they have no rights to claim against the another person (Cavitch, 2016). Patent act 1988 gives
clear instruction to keep it secure till the patent has realized to the main party. If other party use
the inventions without permission then infringement is exist here. Patentee has right to claim or
take action against infringer.
4.3 Principals related to copyrights
Copyrights is the right that is given for new idea by government. It can be given for
literary work, artistic, dramatic etc. There is 70 year time length and 50 year limit for protection
of work and another 25 year for typographical arrangement. Owner can file case against the
infringer and can force the person for destroying copy (Ghemawat, 2016).
With the help of this issues related to privacy can be minimized to great extent. By this
way firms can run their business smoothly and can gain high profit due to unique recognition.
CONCLUSION
From the above report it can be articulated that government has made several laws related
to sales of goods, transfer of property and consumer credit. That helps in identifying rights and
duties of an individual. From the study it can be said that copyrights, patent and trademarks work
in different manner and protect the privacy of the organization.
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REFERENCES
Books and Journals
Cavitch, Z., 2016. Business Trusts (Vol. 2). Business Organizations with Tax Planning.
Fabiani, S. and Sbragia, R., 2014. Tax Incentives for Technological Business Innovation in
Brazil: The Use of the Good Law-Lei do Bem (Law No. 11196/2005). Journal of
technology management & innovation. 9(4). pp.53-63.
Forrer, J. J. and Katsos, J. E., 2015. Business and peace in the buffer condition. The Academy of
Management Perspectives. 29(4). pp.438-450.
Ghemawat, P., 2016. The Laws of Globalization and Business Applications. Cambridge
University Press.
Glenn, H. P., 2014. Legal traditions of the world: Sustainable diversity in law. Oxford University
Press (UK).
Newburn, T. and Stanko, E. A., 2013. Just boys doing business?: men, masculinities and crime.
Routledge.
Nica, E., 2013. Social Responsibility, Corporate Welfare, and Business
Ethics. Psychosociological Issues in Human Resource Management. 1(1). pp.9-14.
Shackelford, S. J. and et.al., 2015. Using BITs to Protect Bytes: Promoting Cyber Peace by
Safeguarding Trade Secrets Through Bilateral Investment Treaties. American Business
Law Journal. 52(1). pp.1-74.
Veblen, T., 2015. The Higher Learning in America: The Annotated Edition: A Memorandum on
the Conduct of Universities by Business Men. JHU Press.
Xie, X. and Chaipoopirutana, S., 2014. A Study of Factors Affecting Towards Young Customers’
Purchase Intention of Domestic-Branded Smartphone in Shanghai, Republic of China.
In International Conference on Business, Law and Corporate Social Responsibility
Oct (pp. 1-2).
Online
Abuse of a dominant position. 2014. [Online]. Available through:
<https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284422/
oft402.pdf>. [Accessed on 18th April 2017].
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Monayery, E.R., 2014. Insurance: Agent vs. Broker. [pdf]. Available through:
<http://macrotheme.com/yahoo_site_admin/assets/docs/10MR31DRa.1365232.pdf>.
[Accessed on 18th April 2017].
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