Business Law Report: Consumer Protection and Intellectual Property

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BUSINESS LAW
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TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
1.1 Legal rules on implied terms regarding sale of goods and supply of services......................1
1.2 Statutory provisions on transfer of property and possession................................................2
1.3 Statuary provisions on buyer's and seller's remedies............................................................2
1.4 Product liability statutory provisions related to hair straightener case.................................3
2.2 Rules, termination rights and default given in scenario........................................................4
TASK 2............................................................................................................................................5
2.1 Different types of credit agreements.....................................................................................5
2.3 Comparison of different types of agents...............................................................................6
2.4 Rights and duties of agent.....................................................................................................7
3.1 Monopolies and anti-competitive practices legislation in UK..............................................7
3.2 Roles of competition commission within monopolies and anti-competitive practices.........8
3.3 Various dominant positions within EU exemption to potentially anti-competitive office of
Fair Trading.................................................................................................................................8
3.4 Application of EU exemptions to anti-competitive practices..............................................9
4.1 Differing forms of intellectual property................................................................................9
4.4 Comparison and contrast of protection of trademark and business names.........................10
TASK 3..........................................................................................................................................10
4.2 Principles relating to protection of inventions through patent rights and their infringement
...................................................................................................................................................10
4.3 Copyright protection principles and their infringement in given scenario.........................11
CONCLUSION..............................................................................................................................12
REFERENCE.................................................................................................................................13
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INTRODUCTION
Business law is composition of different rules, regulations and policies made by
government to start up, manage and closing up any entity. It includes to following rules for
purchasing and selling property or goods. The present report is based on understanding different
case scenarios and related to business property for buying and selling goods. However, legal
rules for applying transfer of property and possession is to described. Including this, comparison
between different kinds of credit agreements as agents can be understood (Wang, 2014).
Moreover, rights and duties of agent including deep knowledge regarding competition
commission within monopolies and anti-competitive practices is to expressed. In addition to this,
differing forms of intellectual protection and principles related to protection of inventions
through patent rights is to be explained. Apart from this, principles regarding copyright
protection and difference between protection of trademarks and business names is to identified.
Thus, by studying this report, learners are able to understand business laws and its several terms
to carrying on entity effectively.
TASK 1
1.1 Legal rules on implied terms regarding sale of goods and supply of services
Implied terms present compulsory rules for every business entity to be followed for
operating activities. In this regard, it aims to supplying a contractual agreements for dealing with
other entities and customers. However, there are some legal rules for selling goods and supply of
services. As per the given case scenario, it is recognized that in 1st case, Mrs Smith wants to buy
hair dryer and contracting with dealer but equipment got damaged before reaching out it to Mrs
Smith, still dealer deliver the product. In addition to this, implied terms to related to providing
rules and policies related to transacting goods. There are some guaranties, warranties and some
legal regulations are obtained for business operations (Lyons, 2013). Therefore, organizations
require to follow on all obligations. In case of damaging goods, defaulter has to pay fine as per
terms. Further, implied terms are interrelated with providing rules and regulations for producing
and supplementing goods. Similarly, legal rules are needed to be followed for effective
production and distribution of products. Under this system, defaulter party is needed to pay fine
to innocent in case of fraud.
Legal rules regarding selling goods and supplying services are applied in implied terms
of contract. In this case, there is no liability of seller after selling the product as it is buyers'
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responsibility to looking the goods and entering into agreement carefully. In this regard, as per
given case scenario, it is Mrs. Smith responsibility to checking out hair dryer before payment and
purchasing the product (Katsos and Forrer, 2014). Therefore, through implied terms of any
contract, there is no liability of seller to pay fine after selling the goods in case of damaging.
Thus, for selling goods and supplying services, seller is not liable to refund on default products.
Legal rules on implied terms regarding sale of goods and supply of services can
understand through following rules and regulations of Section 12 as:
Section (12):
When seller sales the goods, then property and possession over things also get passed.
Before entering into the contract, goods are free to sold out and exchanging its
ownership.
Section (13):
Selling goods in sample should be with presenting its description related to quality
features of goods.
Only description is not enough, there is requirement to concise of the stated presentation.
Section (14):
It is required to satisfy quality of goods with its presented descriptions.
There should not be any defects in goods which are to sold out (Katsos and Forrer, 2014).
All legal systems are implemented in the country for protecting frauds and providing rights to
favourable party. In this regard, it is able for effective business operations as selling and
purchasing items for its effectiveness. Therefore, legal systems are efficient for effective
business operations and reducing frauds.
1.2 Statutory provisions on transfer of property and possession
Rules of legal policy for related to transformation and possession of goods are followed
on that provides information and different cases. In this regard, statutory provisions are related to
providing more information about business operations and protecting customers from damage.
Under statutory provision, it is stated that in case of damage, owner is liable to pay fine as per
terms and conditions. However, different kinds of information and regulations are obtained to
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present possession on goods as well exchanging products and services are expressed (Katsos, and
Forrer, 2014). As per given case scenario, in 1st case, dealer deliver the equipment even it is
damaged during supplying therefore, it is responsibility of owner to pay the fine. Including this,
in case 2nd, during delivering carpet, it has stolen and further Alf & Sons refused to refund then it
is legally obliged for dealer to return fund. Furthermore, in case 3rd, after purchasing hair
straightener and it got damaged after first day of use by catching fire. Therefore, in this situation,
according to law and its provision, it is liability to pay fine (Bekkers, Duysters and Verspagen,
2002). However, under case 4th, Peter buys car and paid 6500 as well monthly installments is 200
for 2 years. Due to some reasons, he lost his job and further makes plan to stop paying and
presenting his cause. Therefore, in this case, it is legal liability of Peter to pay fund by funding.
Hence, statutory provisions provide rules and obligations regarding business prospective and fair
decisions in case of damaging goods. In accordance to this, entity and customer require to follow
on rules and obligations of legal fundamentals.
Section (18): Under section 18 of the transfer of property and ownership, following
provisions and legislation are provided that can express as:
After selling goods, transfer of ownership also get exchanged with the property. Further,
it remains buyer's liability to reduce defects occur in goods.
Section (19):
An agreement created between two parties for exchanging goods and services. However,
loss is faced by the party which has ownership of product (Lyons, 2013).
Section (20):
There is an unconditional contract obtained between two parties for exchanging goods at
its deliverable stage. Therefore, before purchasing the products, it is buyer's liability to
check out the product carefully.
Government in law making: Government of the country plays crucial role in law making and
country's effectiveness to protection from frauds and providing rights to an individual. However,
it is considered that laws are considered as valid after government's approval on which are
implemented for effective business operations and right of an individual.
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1.3 Statuary provisions on buyer's and seller's remedies
There are some statutory provisions made for contracting two parties as sellers and
buyers. In case of breach the contract for party, rules for defaulter and innocent party is obliged.
However, statutory provisions for both parties can be understood as:-
For buyers:- Under section 27, it is duty of buyer to accept delivery of goods in
determined time as well variation or defect in goods is able to rejection of goods. In this regard,
in case of damage goods, buyer can sue on dealer for fraud same as returning decided money is
also legal obligation for customer for purchasing goods. In addition to this, buyer is free to
purchase goods in installment as per company's installment. According to cases, for getting
defect in hair dryer and straightener and getting damaged, it is legal responsibility for dealer to
pay for fraud. Thus, in case of breaching the contract, buyer may also has to pay the fine as per
terms and conditions (Lyons, 2013).
Buyers' have remedies in following cases to cover the contract as:
Damages for non-delivery: Under section 57, it is mentioned that if product which gong
to deliver and got damaged. In this case, purchaser has right to inquire the seller for
exchanging goods or refund (if payment has done).
Remedy for breach the warranty: If there is warranty on goods for 1 or 2 years but
product got damaged then seller is liable to pay fine on it. Therefore, in case of breach the
warrant against consuming the purchased thing buyer has right to inquire the seller and
take remedy on it (Lyons, 2013).
Specific performance: Under section 58, there is provision on special performance and
contracting on sold goods. Further, in case of defaults in product, seller is liable to pay
fine on not performing as stated during contracting between two parties.
For sellers:- Statutory provisions are also made to understand liabilities of seller for
selling or transacting goods. However, for providing damaged goods, seller is liable to pay fine
as well acting his accepting (Bekkers, Duysters and Verspagen, 2002). In addition to this, in
case of fraud, buyer can claim on seller for not following on terms and conditions. Moreover, it
is duty of seller to well behaved with customers and presenting loyal things in front of them.
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Therefore, for sellers, it is mandatory to follow on legal obligations related to possession and
exchanging goods (DiMatteo, 2012).
Following remedies are amended for seller against buyer in case of breach the contract or
problems occurred for creating agreement as:
Suit for price: Under section 55, it is stated that if buyer does not pay amount as stated or
set during contract, then seller can get remedy on it. However, buyer's wrongfully
negligence and refuse can be solved out.
Damages for non-acceptance: It is mentioned in provision for seller against buyer under
section 56 that if there is fault in goods by hand of purchaser own then seller can sue on
him. However, in case of refusing faults done by purchaser, it is liability for buyer pay
fine on default in goods and accept it (DiMatteo, 2012).
1.4 Product liability statutory provisions related to hair straightener case
Statutory provisions are provided under section 2 for consumer protection and preventing
them from default in products. However, in case of breach the contract, issue can be solved out
through following on terms and conditions made during entering into agreement. It also includes
different terms as guarantee, warranted, negligence and liabilities of contract parties in case of
default products (Bekkers, Duysters and Verspagen, 2002). Thus, statutory provisions regarding
business operations are applied for followings on all rules and obligations of contract strictly as
well paying fine for breaching the agreement.
The hair straightener case scenario is contract between Mrs. Smith and Currys. In which,
Mrs. Smith bought hair straightener for her daughter and it got damaged on next day of use.
However, product liability is able through returning the equipment. It can get exchanged by
which fine can be gained. However, there is provision made by regarding solution of this case to
exchange the purchased hair straightener. In this case, dealer ca exchange or refund money as per
terms and conditions. Therefore, in relation to provision, Currys requires to pay for damaged
goods according to rules and regulations (Bekkers, Duysters and Verspagen, 2002).
Under section 2 of the statutory laws for product liability are provided like; after selling
the goods as receiving fund and entering into contract, it is buyer's liability to face over it. In
order to this, if there is no terms and conditions are amended during contract then products,
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ownership get exchanged from buyer to seller. It is linked with liability on paying fine as well
getting remedy on faulty products.
2.2 Rules, termination rights and default given in scenario
In the given scenario, different cases are presented related to business operations
including exchanging goods. However, these cases are in context of Mr. Smith and Peter case.
Including this,cost of goods sold, production and different kinds of scenarios are observed. In
accordance to this, different cases can be understood as:-
Case (1):- Under this case, Mrs. Smith is dealing with dealer for buying hair dryer to
dealer. However, during supplying this equipment, product got damaged but still deliver
sent the hair dryer. By recognizing this problem, it is seller's liability to pay the fine
according to term's conditions (DiMatteo, 2012).
Case (2):- In this case study, Mrs. Smith contract with carpet dealer to expand business.
However, she has paid all money and parcel is to deliver through courier process. During
delivering process, product got lost and further Mr. Smith demand for refund money
(Klass, 2010). In such situation, it is liability of dealer to refund the amount as well
following the legal obligations. It is because the receiver has not received the product in
hand. Thus, the case is in favor of Mrs. Smith that is obliged to business law (Sprague,
2016).
Case (3):- This case related to contract between Mrs. Smith and Currys. Under which,
Mrs. Smith purchases hair straightener for her daughter and after one day use, it got
damaged. In such case, it is liability of Currys to either exchange the equipment or refund
money (Lee, 2001). Thus, this case is in favor of Mrs. Smith by which she can take
advantage of the business law.
Case (4):- In this case, for expansion of business, Mrs Smith purchases car from Alf &
Sons, for which, she deposited 6500 and sets to pay 200 as installments for next 2 years.
However, in some circumstances, she lost her job and planning manner to pay the
installments. In this way, she want to not pay installment, which is not fair. Therefore, it
is required for Mrs. Smith to pay installment by arranging fund (Klass, 2010).
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Rules:- The legal rules are related to different avenues and obligations for solving out
civil and criminal cases. In this regard, several kinds of rules and regulations are provided for
entering into contract as well protecting for its break up. Therefore, rules are also considered
according to terms and conditions and type of agreement among parties (Sprague, 2016).
Termination rights:- After completing any contract or proper job in the organization,
there are some terminations rights available for fulfilling agreement's needs effectively.
However, termination rights are considers as part of agreement when it is made among parties. In
this regard, different policies and contracts are created for proper protection of contract parties
and fulfilling liabilities effectively.
If product is sold out by seller and fund has received on unconditional terms then it is
buyer's responsibility to face loss and implementing required repair for goods. Including this,
rules and regulations should be followed on for contracting and being liable against faults in
products (Klass, 2010).
Default:- It refers to failure of any contract party for following on rules and obligations.
It is a kind of breaching the contract that affects product liability and different tools for fulfilling
the promise. It is interrelated with breaking down any agreement and damaging goods. Thus,
damaged or broken product is known as default.
However, all rules and regulations are affected on legal system for business operations
and country's effectiveness. It is for helping people and providing justice to them affect legal
system. Similarly, under common laws, justice for people are implemented in court affect
protection of an individual. Therefore, both common and statutory laws are useful for protecting
an individual and business operations.
TASK 2
2.1 Different types of credit agreements
Credit agreements are related to contract between borrower and creditor, in which
borrower grant loan or possesses his property to creditor for some certain time period. There are
several kinds of credit agreements that is created between two or more parties. It includes hire
purchase, bank loan, credit union and conditional sales. Some of them, credit agreements can be
understood as:-
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Hire purchase:- Under this system, borrower possesses his goods to creditor as security
basis for granting loan (Michaels, 2009). In this process, after determined time, it is
responsibility of creditor to inform about his goods and further deciding to sale or
operating business.
Bank loan:- It is considered as one of the best credit tool for funding. It includes
overdraft, ordinary as well personal loan. In this regard, during situation time, business
man can take advantage of overdraft facilities to operate entity. Similarly, according
interest rate and deciding conditions, party can also credit money from financial
institution as bank.
Credit sale:- In credit sale system, consumer has right to transfer property or goods to
third party. In case of breach the contract, creditor can sue on debtor for paying fine
regarding default (Klass, 2010).
Cash advances: It is short term loan facility given by bank against credit card. However,
it is beneficial to pay on goods and services provided by entity. It is also remains
available through writing pay check to lenders for short time period.
Credit cards: It is credit facility to borrow money from bank and paying on purchasing
goods and services. In accordance to this, various cards are provided including store
cards, charge cards, rewards and so on. It is suitable for financial needs and borrowing
money from bank for paying fund to company for purchasing goods (Klass, 2010).
2.3 Comparison of different types of agents
Agents are those individuals who presenting effective between two parties. There are
several kinds of agents obtained that can be described as below:-
Estate agents:- These agents plays crucial role for dealing in real property on the basis of
owners. Therefore, for fixed assets and property related dealings agents help both parties
(Oladokun and Aluko, 2014).
Brokers and factors:- Brokers deal in intangible goods that can be feel only but neither
touch nor seen. For example; depreciation. While, factors agents deal with tangible goods
of business entity that can feel, touch and seen.
Partners:- Partners of any entity are considered as agents for each other.
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Differences between different types of agents
Bases General agent Specific agent Co-agents Sub-agents
Meaning The agents who
have authority for
dealing in general
business
operations.
This type of agent
deals in a
particular case or
special work
regarding
business activitie
(Klass, 2010)s.
Helper of the
agents and co-
worker of agents
are comes under
this kind for
dealing regarding
any property or
business case.
The agents who
works under main
agents refers to
sub-agents.
Appointment
purpose
Related to
business or trade
in interest of his
principal.
In regards of
property and
selling it.
For any specific
and general cases.
For working
under specific and
general agents.
As mentioned in above table, general agents deal in business operations regarding
exchanging goods and trade of interest towards activities as considerations. While, specific
agents are those who remains specialises in particular case. For example; agents who work for
international trade and solves out cases regarding any specific project. However, co-agents are
those agents who work as assistant of any other agents. These kinds of agents work for property
considerations etc. Sub-agents are those agents who under any main leading agent for
considering any two parties.
2.4 Rights and duties of agent
An agent is liable and responsible to follow on his duties regarding business entities for
dealing with different kinds of properties. Therefore, rights and responsibilities f an agent can be
expressed as:-
Rights of an agent:-
Remuneration:- An agent has right to take adequate salary and his part of sharing profit
according to decided terms and conditions.
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Reasonable expenses:- There is contract for this but agent has right to incurred reasonable
expenditures over performing his job (Palmer, 2014).
Responsibilities of agent:-
Performing his job role with honesty as well disclosing hidden truth related to business
operations.
Handling issues effectively that is useful for reducing conflicts between two parties
Performance management and building up trust of two contract parties.
An agent is responsible for working as considering for contract between two or more parties.
Therefore, in case of breaching the agreement, agent remains liable to play effective role for
solving out the issue. Similarly, he is responsible for taking and providing favour to innocent
party. However, he has some rights as mediator for the contract that impacts on contract's loyalty
and saving the breach.
3.1 Monopolies and anti-competitive practices legislation in UK
In monopoly term, single supplier in specific market sector. However, monopoly for
selling and producing goods is presented in this market structure. In this system, attraction
towards goods and services are not obtained. In this regard, there are few choices and less
varieties for choosing products (Palmer, 2014). Therefore, monopolies are interrelated with
attracting consumers towards services that affects on high level of demand for goods and
services.
Legislation of monopolies:- There are some legislation provided for monopolies related
to price, quality of services, merger policies and so on. In accordance to this, regulator can check
out cost, quality used in products. It is useful for setting adequate price and proper competition to
advertise and sustain products in market. However, rate of return is also evaluated through this
legislation that leads to set proper price of products as well entering into monopolies for
products' sustainability in single market (Palmer, 2014).
Therefore, for entering into monopolies, several legislation are amended that are related
with marketing of products and setting its price. In this regard, cost effectiveness must be
considered as well price adequacy should consider for selling goods.
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In anti-competitive market, there are different sellers but prices of goods and services are
similar (Pratten and Carlier, 2010). In this competitive market, it is difficult to produce products
and attracting customers. However, there is tough competition obtained among businesses for
production and distribution system.
Legislation of anti-competitive practices:- Legislation for this kind of market is useful
for increasing efficiencies of products. In these practices, different rules and regulations are
provided for carrying on uniqueness of products in terms of patent, copyrights. Hence,
intellectual properties can be saved through this process for proper subsidies and management. It
prevents competition in market through following on practices for business.
It is related with protecting uniqueness of innovation in goods and services provided by
entity. However, its speciality can maintain for proper time period. It evolves copyright, patent,
trademark on unique products of the organization. Thus, some legislation are provided over it to
protect them efficiently.
3.2 Roles of competition commission within monopolies and anti-competitive practices
In monopoly and anti-competitive markets, competition commission plays crucial role for
determining actual business performance and their market values. In this process, actual business
entity's position is obtained in competitive market. Including this, several kinds of results are
presented for facing competition and making place in market. However, through competition
commission system, actual ideas are created for enhancing productivity and profitability of firm.
Thus, roles of competition commission is essential for enhancing monopolies and anti-
competitive practices (Said, 2010).
Competition commission is a public body of UK that investigate mergers, markets and
different industries. It plays crucial role to measure competition level and regulating on business
activities adequately. However, it ensures healthy competition between different countries and
economy. In this regard, deeply investigation is done on market structures and competitions
regarding companies' financial as well organization's performances for sustaining in competitive
market. Thus, competition commission plays essential role to identify business organizations'
potential for facing competition and also for merger of any two or more entities (Palmer, 2014).
Thus, competition commission plays vital role for managing UK market that performs
function of merger, acquisition and creating market structure for competitors. However, it is
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useful for competitiveness and providing secured as well safe products to customers for their
welfare.
3.3 Various dominant positions within EU exemption to potentially anti-competitive office of
Fair Trading
There are several dominant positions presented within European Union exemption for
treating anti-competitive office of fair trading. In this regard, prices of products are similar as
well tough competition is obtained among different entities. However, European Union generates
different ideas and guidelines for business operations as well facing competitions (So, 2016). In
addition to this, various factors are presented for fair trading and advertising their products
related to competitive strategies (Palmer, 2014).
EU exemptions are essential for reducing competition as well taking advantages of fair
trading. It is helpful for making potentially strong to strength business and competitive strategies.
It is able to improve efficiencies of company and also to apply anti-competitive practices.
Therefore, EU exemptions regarding trade fair and increasing strength of business entity
to face competition and sustaining its position in market. Therefore, following on rules and
regulations for entity's performance and applying anti-competition is essential for marketing of
goods effectively (Palmer, 2014).
3.4 Application of EU exemptions to anti-competitive practices
European exemptions for anti-competition practices are interrelated with facing
competition and helping all entities for facing competition. Under this system, EU exemptions
are applied for anti-competitive practices. In this process, different applications are used for
analysing other business entity's performance that creates ideas for making place by using
different strategies. In addition to this, EU exemptions are interrelated with anti-competition
practices for effectiveness of fair trading (Sprague, 2016).
EU exemptions are related to identify anti-competitive practices to reduce competitions.
For this purpose, different exemptions and rules are provided for business premises also useful
for prohibiting agreements among two or more companies. It is related to enhance efficiencies of
organization and cost effectiveness. Including this, it is liable for creating innovations regarding
unfair prices.
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By applying EU exemptions for anti-competitive practices are beneficial to reduce
competition and following on premises for making agreements. Thus, it is valuable for analysing
business's performance for increasing strength regarding business operations.
4.1 Differing forms of intellectual property
Intellectual property is creative in nature that is useful for taking care of intangible and
tangible goods. However, it includes different factors such as patent, trademark, copyright and
design right. Therefore, it concentrates on transacting goods as well protecting properties in
efficient manner. Under section 2, copyright is created for sustaining uniqueness of property and
do not copy (Cornish, 2012). Through this process, properties are keep safe that is useful for
keeping goods safe. In addition to this, for patent, there is a certain time decided for fixing the
products which can not be copied. Along with this, patent, copyrights and trademark are those
intellectual properties that are helpful for prioritizing goods safe as well creating efficiency of
products. Thus, intellectual properties are of different kinds that can be used to keep uniqueness
of products for certain time and enhancing its efficiency to not copy these tools.
Patent:- It is an intellectual property for sustaining uniqueness of product. It is set for
some specific years to do not copy business activity and name of product brand. However, patent
is related to maintaining organization's value and uniqueness (Palmer, 2014).
Copyright:- For maintaining speciality of organization and its products, copyright is
created. There is a specific sign presented uniqueness which is restricted to copied ever. Thus,
copyright is a unique feature to maintain value products of entity for certain time.
Trademark:- It is created for the purpose to maintain company's symbol as its special
identity. To sustain organization's uniqueness, there is a specific sign created for fixed time
period.
Thus, above mentioned intellectual properties are beneficial for protecting uniqueness of
products and services provided by entity. For this purpose, patent and copyright on speciality of
products is created for entity's effectiveness and sustaining its speciality for proper time period
(Palmer, 2014).
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4.4 Comparison and contrast of protection of trademark and business names
Trademark is distinctive in nature that includes slogan, word, design to present
uniqueness of entity. Therefore, trademark of any business organization is intellectual property
that cannot be copied. In accordance to this, it is considered as fixing position of property for
identifying business position and performance. Hence, trademark is related to presenting
businesses' performance as well presenting its uniqueness. Including this, business name is also
that kind of unique thing that is interrelated with different business essentials. However, business
name is different form its trademark in which name identity of business entity is presented.
Moreover, business name is quality feature as per which its goal, mission, slogan is get prepared.
In this regard, trademark is contrasts with business name that affects competitive and different
strategies (Goldman, 2013).
Comparison between trademark and business name
Bases Trademark Business name
Identity It presents product or service
provided by company.
Official name of the entity.
Protection laws Trademark Law Commercial law
Purpose To evaluate goods and services To analyse traders
(Companies).
Hence, trademark of the entity follows rules and regulations amended in Trademark Law
while for setting business name, legislation of Commercial Law are followed on. In this regard,
security and protection on both of these things are protected till company get dead. In order to
this, in MOA and AOA, these trademarks and business names are mentioned for sustaining its
uniqueness and organization's speciality.
TASK 3
4.2 Principles relating to protection of inventions through patent rights and their infringement
Inventions as copyrights for protecting properties can be obtained through following rules
and regulations of fixing assets. However, safety towards sustaining its uniqueness is able to
achieve through registering company and its trademark in company house of London. Therefore,
it is required to follow on all rules and obligations given by legal proprietorship. In accordance to
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this, protecting misuse of goods and services provided by organization can be managed and
sustained. In this process, principles are followed strictly that is valuable to sustain its uniqueness
(Palmer, 2014). It is needed to considering patent rights and obligations for their infringement.
Thus, copyright and patents are useful for protecting properties safe. Similarly, it is helpful for
maintaining its own identity for long time or fixed time periodicity. As per the given case
scenario, it is necessary for Tony and James to applying patent and copyright on property that
will be effective for organization's protection as well sustaining its efficiency for producing
goods and services efficiently.
Principles for patent:- Different principles regarding patent can be expressed as below:- Novelty:- For the purpose of uniqueness, invention of organization must be invented by
other company as similarly. It is specific feature to maintain speciality of products and
services produced by organization (Palmer, 2014). Scope of protection:- Patent is created for a certain time to sustain different quality
feature of products. For example; if organization has made patent on its goods, quality for
further 5 years, then on other entity can copy it.
Usefulness:- Innovations and inventions related to special quality of goods are made
through patent. It is helpful for protection and maintaining speciality of goods provided
by organization.
In case of infringement of patent:
In case of breaking up the rules and regulations of patent, appropriate actions are taken as
charging on this fraud.
There can be sue on the person who breach tries to break the privacy of protected items.
Thus, it is necessary to following on rules for protecting uniqueness of an individual entity and
goods. There are several actions can take against breach of the patent. Thus, particular
uniqueness of any organization must be in privacy and actions should be take in case of its
breach properly.
4.3 Copyright protection principles and their infringement in given scenario
According to given case scenario, Tony and James are required to protect their properties
by using copyright and patent. It will be able to creating difference in features as well various
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kinds of principles are required to obliged. In this regard, it is essential to keep property safe and
taking care of its uniqueness. However, business law is related to presenting its quality feature an
d increasing efficiency as well protecting goods for certain time that no one can copy their
quality services and unique features in market for producing and supplementing goods (So,
2016). Thus, by applying copyright and patent principles, Tony and James can maintain their
differences and uniqueness for quality services. Hence, business law related to copyright, patent
and trademark are important to carrying on entity and its effectiveness for protecting their goods
and maintaining its position in efficient manner.
Principles of copyright:- Some of the main principles of copyright can be expressed as
below:- Original scope of copyright:- For certain time, captured and set content by organization
can never be copied ever. For example; architectural drawings, music, drama etc. No
other company can copy the same version and lyrics of music, it must compose its own
music, video. No mark is necessary:- If creativity and products' unique feature is copyright the there is
no need to mark on it or else. However, protection on goods is only possible through
copyright on it (Miller, 2011).
Penalties:- In case of copying the unique product and its features, then default party will
be punished. In this regard, penalties for copying unique identity of goods leads to pay
fine on it.
Infringement on breach the copyright:
In case of breaking up the rules of copyright on unique protected goods provided by entity.
Therefore, different actions can take on breaking up the promise of its protection. For example;
sue against the individual who discloses privacy and use the products' uniqueness, presentment
for set timing etc (Lyons, 2013).
CONCLUSION
The report is concluded that business law is essential for keeping identity of organization
effectively as well increasing efficiencies for maintain good reputation. In addition to this,
different case scenario and business laws are determined for following on rules and regulations
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to protect entity and its services safe. However, different principles for keeping uniqueness of
entity is presented by using different tools. Including this, various marketing essentials are
described in the form of competition as monopolies and anti-competition. In this regard, through
this study, business rules for establishment, management and closing up are presented that is
useful to express varieties of ideas to protect business entity. Hence, through this study, role of
agents including their different kinds are described. Moreover, different credit agreements and
types are presented to carrying on entity efficiently. Thus, different aspects of business laws are
understood through this report to carrying on firm at high level that affects on efficiencies and its
market position.
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REFERENCE
Books and Journals
Bekkers, R., Duysters, G. and Verspagen, B., 2002. Intellectual property rights, strategic
technology agreements and market structure: The case of GSM. Research Policy. 31(7).pp.
1141-1161.
Cornish, G., 2012. Dictionary of Intellectual Property Law. Reference Reviews. 26(2). pp.13 –
14.
DiMatteo, A. L., 2012. Common European Sales Law: A critique of its rationales, functions, and
unanswered questions. Journal of International Trade Law and Policy. 11(3). pp.222-240.
Dimatteo, L.A., 2016. International Business Law and the Legal Environment. Routledge.
Goldman, A., 2013. Business law: Principles and Practices. Cengage.
Katsos, J. E. and Forrer, J., 2014. Business practices and peace in post‐conflict zones: lessons
from Cyprus. Business Ethics: A European Review. 23(2). pp.154-168.
Klass, G., 2010. Contract Law in the USA. Kluwer Law International.
Lee, R., 2001. Negligence. Property management. 19(5).
Lyons, M., 2013. Pro-poor business law? On MKURABITA and the legal empowerment of
Tanzania's street vendors. Hague Journal on the Rule of Law. 5(1). pp.74-95.
Michaels, R., 2009. Comparative Law by Numbers? Legal Origins Thesis, Doing Business
Reports, and the Silence of Traditional Comparative Law.American Journal of
Comparative Law. 57(4). pp.765-795.
Miller, R., 2011. Modern Principles of Business Law. Cengage.
Oladokun, T. T. and Aluko, T. B., 2014. Dispute resolution in corporate multi-tenanted property
management: a case study. Journal of Corporate Real Estate. 16(1). pp. 22 – 32.
Palmer, C. R., 2014. Common law environmental protection: the future of private nuisance, Part
I. International Journal of Law in the Built Environment. 6 (1/2). pp. 21 – 42.
Pratten, J. and Carlier, J., 2010. Wine sales in British public houses. International Journal of
Wine Business Research. 22(1). pp.62 – 72.
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Said, M., 2010. The implementation paradox: intellectual property regulation in the Arab world.
Journal of International Trade Law and Policy. 9(3). pp.221 – 235.
So, B.K.L., 2016. Business, Law and Education for Modernity. Routledge.
Sprague, R., 2016. Editor's Corner: Publishing Impactful Scholarship.American Business Law
Journal. 53(1). pp.5-8.
Wang, J. Y., 2014. Company Law in China: Regulation of Business Organizations in a Socialist
Market Economy. Edward Elgar Publishing.
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