Unit 50: Consumer and Intellectual Property Law Assignment Sample

Course: Pearson BTEC Levels 4 and 5 Higher Nationals in Business

This unit aims to teach you about the law relating to consumer transactions, consumer credit, and intellectual property as it relates to everyday dealings. You will see that a business operates within a diverse legal framework. Consumer transactions are governed by statutes and regulations creating specific legislation for the sale of goods and consumer protection.

Students will study intellectual property as a creation of the mind to deal with industrial property and copyright. It also allows creators and owners of intellectual property to benefit from their own work. The students will be given opportunities to apply knowledge and understanding to a range of consumer scenarios. They can also evaluate case law relating to consumer rights and protection.

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Assignment solution on Consumer and Intellectual Property Law in the UK

Consumer and Intellectual Property laws are difficult to understand because they cover so many topics. In this article, I will only talk about what consumer law is. This way you can better understand intellectual property law.

Consumer law governs anything that deals with consumers’ relationships with businesses or other entities. It can cover topics like warranties, product liability, truth-in-advertising laws, and more. Consumer law also covers copyright infringement claims involving images or videos posted online by consumers without obtaining permission from the copyright holder first (known as “fair use”).

Learning Outcomes

By the end of this unit students will be able to:

The following principles affect the legal relationship between business organizations and consumers:

  • A person has a right to choose what product they want.
  • A trademark is a property of a company that uses it. That means no one else can use it and get away with it.
  • Intellectual property is not a problem unless it hurts your business.
  • If a person buys something and then gets hurt, they are not in trouble until they find out about the harm.

People in the US have equal power to buy things. This means that every person should be able to find what they want at a price they can afford. When businesses charge more than what is necessary, it is not fair.

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There are no rules about the contract between a credit card company and its cardholders. But most contracts fall under America’s Uniform Commercial Code in Article 2, which deals with transactions on intangible goods. Banks have studied these contracts extensively, so you know what they are.

The agreement usually has three parts. It has introductory terms that have interest rates and annual fees. Then it has clauses about how those change when they change. And it also talks about security provisions for when you don’t pay or default occurs.

Some credit cards offer an introductory period of six months and a low-interest rate. Others offer a longer introductory period with a higher interest rate.

Evaluate the key provisions relating to intellectual property rights

Intellectual property rights are the rights of an author or inventor to their work. This is what the Constitution says: Congress can give authors and inventors of intellectual property (books, patents) a limited-time monopoly on their work.

A key principle that is in intellectual property rights is that they reward creativity with a 20-year monopoly that prevents others from profiting from an inventor’s or artist’s original work. The life of these patents begins on the date of filing in a particular country. Patent rights apply only within national boundaries but not internationally. This means that different countries can have different patent terms based on local laws, while still respecting international agreements governing intellectual property.

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Recommend appropriate solutions to consumer and intellectual property law issues based upon the relevant legislation, case law, and regulations. Using an appropriate approach find a solution to your chosen problem as follows:

1) You were approached by Lucy Cook. She told you that she bought a phone from Talk-Talk Limited and it was faulty. She asked for a replacement or money back under the Sale of Goods Act 1979, but her contract with Talk-Talk has been terminated because she is now in breach of contract. After all, she paid late on the account. Her representative claims that the penalty clause should not be enforceable because it is both void and unreasonable.

2)Mary Smith wants to know if she can use a picture of someone without their permission. She has given you an advertisement with a picture on it. You are an intellectual property lawyer and you help with cases like this. You need to tell her what she can do about the problem.

3) You want to sell copies of a CD or DVD that has music and images on it. The original owner might not like this so please consider their rights when answering the question.

4)You have been asked to advise on what might happen if you made a contract for work that was not done correctly. You may be able to get your money back or ask for something else in return.

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