CONTENTSPAGE

Q1 Apply the legal rules on implied terms relating to the sale of goods and supply of services2

Q2 Apply the statutory provisions on the transfer of property and possession2

Q3 Evaluate the statutory provisions on buyers and sellers remedies3

Q4 Apply product liability statutory provisions3

Q5. Demonstrate creative incentives of Dot Motorcycle Company to compete competitors4

Q6. Differentiate between types of credit agreements4

Q7. Apply rules, termination rights and default notices in a given scenario5

Q8. Differentiate between the different types of agent5

Q9. Evaluate the rights and duties of an agent6

Q10. identify and apply strategies to find and justify appropriate solutions for increasing Customer satisfaction over credit agreements7

Ql1. Use critical reflection to evaluate Dot's refund policy and credit agreements and justify your findings, and make valid conclusions7

Q12. Outline monopolies and anti-competitive practice legislation in the UK8

Q13. Explain the role of the Competition Commission within the context of monopolies and Anti-competitive practices and the UK Office of Fair Trading9

Q14. Define dominant positions within the EU common market9

Q15- consider the application of EU exemptions to potentially anti-competitive practices10

Q16. Select/design and apply appropriate methods/techniques to reduce number of customers' complaints10

Q17. Identify differing forms of intellectual property10

Q18. outline the principles relating to the protection of inventions through patent rights And their infringement in a given business scenario11

Q19. Describe the principles relating to copyright protection and their infringement in a Given business scenario12

Q20. Compare and contrast the protection of trademarks and business names13

Q21. As a Personal Business Secretary of CFO how would you carry out responsibilities for managing and organizing all initiatives and efforts to overcome the present situation13

Reference14

Q1 Apply the legal rules on implied terms relating to the sale of goods and supply of services

The Sale of Goods Act 1979 supplies a number of key protections intended for purchasers:

1. The vendor needs to have the best to promote goods

2. Goods marketed by simply information should correspond to the actual information

3. Goods has to be involving acceptable high quality

4. Goods marketed by simply test, goods should correspond to the actual test with high quality

This Selling involving Goods Act relates to many legal papers for the selling involving products, even so will be far more restricted with its setting in that this simply is true wherever products can be purchased through a small business. Furthermore the place that the products can be purchased through a small business the actual conventions with the Selling involving Goods Act are a suitable while using security proposed by the actual Illegal Long term contract Words Act 1977 which forbids their particular different.

These protects are by means of statutory suggested phrases. This means that the actual Selling involving Goods Act can set these kinds of phrases directly into many legal papers for the selling involving products regardless of the actual events by themselves have got predetermined from the stipulations involving selling. A agreement is designed for the actual selling involving products offered it is just a agreement to help move control involving products (as against a new hire agreement) plus the products are sold back for the money. This specific excludes legal papers involving barter except if money can be provided.The sales of goods and supply of services have certain rules in order to protect the purchaser. There is the sale of goods act 1979 which protect purchasers to ensure that purchasers are able to get goods which are of high quality and for the right purpose.There is also the supply of goods and services act 1982 to ensure that the service is performed with proper skill and care and within a reasonable time frame. This is also to ensure that the purchaser is not over priced.According to the sale of goods act, the seller has the right to sell his goods, goods must be of high quality and sold by description, and the goods must be sold by sample and correspond to the sample.

Q2 Apply the statutory provisions on the transfer of property and possession

The transfer of property act 1882 added the doctrine of part performance through the amendment act. According to the law of contract, rights cannot be passed on unless the sale is complete. This doctrine states that if a person agrees with the other and lets the other person to act on behalf of the contract, that person will be equitable and cannot be resisted in case of a transfer. Thus the transfer cannot go on without both parties being present and being in agreement. A contract cannot be registered unless both parties agree.According to part performance, there must be consideration, the contracts should give out the terms of transfer, the transferee must take possession of his part in the contract, and the transferee should perform his part.Possession is usually a residence attention below which someone has the capacity to exercising electric power in excess of a thing towards the exclusion of most other folks. This can be a essential residence appropriate that will entitles this owner to be able to (1) the right to remain calm control towards everyone except an individual having a outstanding appropriate; (2) the right to get better any chattel which has been wrongfully consumed; and also (3) the right to get better loss towards wrongdoers.

Possession takes a amount of true management over the item, in addition to this motive to acquire and also banish other folks. Legislation realizes a pair of essential sorts of control: true and also helpful.

Precise control prevails whenever someone knowingly has direct physical management in excess of a great item in a granted occasion. For instance, someone sporting a specific section of useful necklaces has true control of the usb ports. Constructive control may be the electric power and also motive of the specific to manage a specific item, though it is just not in physical form as individuals management. For instance, someone who has the main element to some standard bank safe and sound deposit box, which boasts a useful section of necklaces that will your woman owns, can be considered in helpful control with the necklaces.

Individual residence can be regarded as missing if your operator has involuntarily parted by it and is also uninformed connected with it's location. Mislaid residence can be what a great operator blatantly spots somewhere with the undeniable fact that he's going to ultimately have the capacity to realize its once more however hereafter does not remember where it's been placed. Discontinued residence can be that will to be able to that the operator has blatantly relinquished all protection under the law.

Lost or even mislaid residence may be possessed through the one who missing or even mislaid that. While one particular locates missing goods, this finder of the bird can be eligible to control towards everyone except for the truth operator.

This finder of the bird connected with missing articles on terrain belonging to another individual can be eligible to control towards everyone even so the correct operator, until this finder of the bird can be guilty connected with Trespass. This finder of the bird connected with lost goods does not have any right to their control. The owner of where a page can be mislaid carries a right to this content towards everyone even so the correct operator. Discontinued residence is usually had and also possessed through the initial person who workouts dominion in excess of that by having an motive to be able to maintain that while his / her personal. In any event, between the finder of the bird of any missing, mislaid, or even forgotten article and also the master of where it's identified, regulations relates to what ever principle is likely to end in this come back with the article to be able to it's rightful operator.

Q3 Evaluate the statutory provisions on buyers and sellers remedies

Buyers and sellers have remedies. The seller either enjoys real or personal remedies. These remedies are:Rights against the goods: this arises when the seller is unpaid, credit provision is not subjected to the goods sold, if the credit period for the given credit has expired, the buyer is insolvent and when the seller is in possession of the goodsRight of resale: Incase the seller is unpaid he has the right to stops goods in transit and resale themAction for price: If the buyer defaults to pay for the goods purchased, the seller has the right to take him to court to be compensated.Action for non acceptance: The seller has the right to sue a buyer who does not accept goods that were ordered by him.Some of the buyers remedies are:Action for non delivery: The buyer can sue the seller who has refused to deliver goods that have been ordered and paid for.Specific performance: This is applicable where there is a sale of a particular good. The court will ensure that the seller delivers goods to the buyer according to the terms of agreement.Action for breach of warranty: The buyer has a right to claim a breach of warranty by the seller.

Q4 Apply product liability statutory provisions

Product liability is the liability of the participants of the manufacture of a product for the damages caused by that product.Product liability claims can be based on breach of warranty, negligence and strict liability. Statutory provisions are diverse to meet the need. One needs to prove that the product was defective in jurisdiction. The product defects that cause liabilities to manufacturers are defects arising from design, manufacturing and marketing.Products liability describes your liability connected with any or just about all functions on the string connected with production connected with any item intended for destruction caused by of which item. Including the producer connected with element pieces (at your the top of chain), a great building producer, your wholesaler, and also the retail store manager (at the bottom from the chain). Products made up of untouched blemishes of which cause harm to some sort of buyer from the item, or anyone to who the merchandise has been credited, presented, etc., are classified as the subject matter connected with Products liability accommodates. While Products usually are thought of as real personal home, Products liability offers expanded of which explanation to add intangibles (gas), naturals (pets), real estate property (house), and also articles (navigational charts).

Products liability claims might be according to neglectfulness, stringent liability, or breach connected with guarantee connected with health with respect to the legislation in that your declare is predicated. A lot of expresses possess enacted extensive Products liability statutes. Most of these statutory procedures can be quite assorted so that your north america Department connected with Trade offers promulgated some sort of Model Homogeneous Products Responsibility React (MUPLA) intended for non-reflex employ from the expresses. There is absolutely no federal government Products liability legislations.

In any legislation 1 ought to prove the item is usually defective. You can find about three types of item blemishes of which incur liability within companies and also companies: layout blemishes, producing blemishes, and also blemishes within advertising. Layout blemishes are untouched; they can be found ahead of the item is usually made. While the piece might work its function well, it might be unreasonably hazardous to utilize because of layout drawback. On the other hand, producing blemishes happen throughout the design or generation from the piece. Just one or two beyond numerous Products from the identical form are mistaken however. Disorders within advertising cope with inappropriate guidance and also problems in order to warn buyers connected with latent problems within the item.

Products Responsibility is often deemed some sort of stringent liability crime. Stringent liability errors do not rely on the degree connected with carefulness from the opposition. Translated in order to Products liability words, some sort of opposition is liable when it's found the item is usually defective. It is unnecessary whether the producer or provider exercised excellent health care; if you have some sort of problem within the item that produces injury, the individual will likely be answerable for it.

Q5. Demonstrate creative incentives of Dot Motorcycle Company to compete competitors

The independence in order to follow some sort of income, work a company, as well as usually contend available is crucial in order to virtually any no cost business method. Rivalry generates bonuses for organizations in order to acquire purchaser faithfulness by means of offering top quality products at fair price ranges. As well, opposition may also instill cause harm to. The independence in order to contend allows organizations the best in order to lure buyers far from the other. When one particular business entices enough buyers far from competition, people rival organizations may possibly have to power down or even go.

The law involving illegal opposition won't punish a company merely internet marketing effective available. Neither will the law encourage culpability simply because a company is usually strongly marketing their product or service. The law considers, on the other hand, which for each buck received by means of one particular business, some sort of buck will probably be dropped by the competition. Accordingly, the law discourages a company via unfairly profiting in a competitor's expenditure. What makes up illegal opposition varies according to the Cause of Actions a fact with just about every case. Included in this are activities for that encroachment involving Patents, Logos, as well as copyrights; activities for that wrongful appropriation involving Deal Gown, buy and sell bands, buy and sell strategies, as well as service grades; as well as activities for that newsletter involving defamatory, fake, as well as inaccurate representations.

Virtually any commitment, regardless of whether created or even by mouth, qualifies for safeguard via silly interference. Noncompetition agreements undoubtedly are a repeated supply of lawsuit in this field involving law. These kinds of agreements commonly occur with skilled job adjustments where by a boss takes a skilled employee in order to indication a understanding promising definitely not to venture to help some sort of competition inside the exact same geographic market. Like contracts are usually enforceable except that they work in order to deprive a workforce of the directly to meaningfully follow some sort of income. A staff that decides in order to violate some sort of noncompetition commitment is usually guilt ridden involving breach involving commitment, and also the business which attracted the particular employee absent could possibly be held chargeable for interfering with an existing contractual partnership with violation of the law involving illegal opposition.

Casual buy and sell relations who have definitely not been reduced in order to contractual terms may also be safeguarded via outside the house interference. The law involving illegal opposition discourages organizations via intentionally imposing damage when some sort of competitor's everyday business relations by means of improper signifies or even to have an improper purpose. Incorrect signifies include the usage of physical violence, Unnecessary Have an effect on, as well as coercion in order to warned competition or even bully buyers. By way of example, it's against the law to get a business in order to blockade the particular entranceway with a competitor's go shopping or even obstruct the particular shipping and delivery involving items using a display involving push. The simple refusal to deal with some sort of competition, on the other hand, seriously isn't considered a improper method of opposition, even if the particular refusal is usually determined by means of spite.Dot Company tried to be more competitive by decreasing its operational costs in order to increase profits. They did this by employing a new employer to make sure that this is implemented. Dot Company also retrenched the highly paid staff when the returns were low to make sure that the costs are able to reduce. All senior managers made a 25% pay cut. By doing this they are able to reduce their expenses and therefore higher returns are expected.

Task 2

Q6. Differentiate between types of credit arrangements

There are several types of credit arrangement that lending institutions offer its customers. This are:Personal loansThis are loans offered to customers and may be short term or long term. In this arrangement the customer provides security and he is given the amount of loan he wants then he will pay in installments. The bank charges a certain percent of interest rate on the borrowed amount. The borrower can pay on monthly basis or whatever time period they have agreed with the lending institution.

OverdraftThis is whereby a borrower borrows money on is bank account. The bank will allow him to overdraw money then return money on a certain percent of interest within a certain time frame.

Credit cardsThis allows you to borrow money on a monthly basis at no interest rate. The borrower pays within a set number of days. Credit cards are used for purchases of goods.

Hire purchaseThis are agreements that are offered by shops whereby if the buyer wants to buy something and he does not have the full amount he is allowed to pay the deposit and clear the rest in a number of installment within a certain time limit at a given percentage of interest.

Credit union loansThis is whereby a loan is offered to members of a credit union at a certain percent of interest. Credit unions are found at certain institutions such as the work place or in a certain area.

MortgagesThis is a type of loan that is given to persons who want to buy homes or houses. In this type of arrangement one can access the house then start paying in installments for a certain time frame at a certain interest percent per year.

Q7 Apply rules, termination rights and default notices in a given scenario

Default notice is a notice given in case one fails to follow the rules or defaults to pay. The Creditor sends a default notice to the person who has defaulted giving one fourteen days from the date they have received to pay the debt. The notice should have the necessary information regarding consumer credit and regulations.Default NoticeSection 87(1) from the 1974 React makes it possible for this financial institution in order to send out you a default detect providing you with fourteen days from the day you will get the idea to pay for this debts. Your default detect ought to contain all of the needed details underneath the Credit score (Enforcement, Default as well as Firing Notices) Restrictions 1983 ('the 1983 Regulations'), which includea assertion saying this detect is really a default detect functioned within portion 87(1) from the 1974 Reacta account from the arrangementthis label as well as handle involving both the person as well as the financial institutiondetails of this infringement (i. age. late payment) as well as, if the infringement could be remedied, this day in which the idea has to be remedied or even, if the infringement isn't effective at therapy, the amount necessary to possibly be settled after the expiry from the given day;a assertion saying: if the steps expected by simply this particular detect can be obtained prior to a day revealed simply no additionally enforcement steps will be drawn in value of this infringementa assertion saying: if you don't get this steps expected by simply this particular detect prior to a day revealed then this additionally steps set out underneath may be obtained against anyonea definite as well as unambiguous assertion saying when this steps isn't obtained from the day given, what it's going to perform (for instance, when should it eliminate this arrangement as well as recovery ownership from the engine vehicle)if the arrangement can be among use invest in or even conditional sale made, a assertion saying: although for those who have settled a minumum of one 3rd involving the quantity payable underneath the arrangement set out underneath (or any installation fee in addition 1 / 3rd involving other sum payable). Your financial institution might not get back the goods against your wants until he gets a judge purchase. (In Scotland, he may need to have a judge purchase whenever you want. ) In the event he may get all of them rear without having your concur or a judge purchase, you've got the correct to have rear all of the funds you've got settled underneath the arrangement set out underneathwhen some funds is needed to possibly be settled, the amount before deducting any kickback with first arrangementclaims saying:for those who have trouble throughout having to pay any amount in arrears underneath the arrangement or even taking any steps expected by simply this particular detect, you can connect with this judge which can help to make a good purchase enabling you additional timefor anyone who is undecided how to handle it, you need to obtain guide asap. By way of example you need to contact a lawyer, your local dealing standards section or even your nearest citizens' assistance agency.A hire purchase or conditional sale debtor can write a notice to the creditor before the end of the period to end the agreement. When the agreement ends and one has paid less than half of the amount payable, he must pay the creditor the difference between one half of the agreement and what you have paid.

Q8 Differentiate between the different types of agent

There are various kinds of agents who can be classified in different ways. Some of the ways in which they can be classified are:Special agents: They are those who perform specific tasks only and they operate within a specific period for a particular job.General agents: They do general tasks in the interest of their principalAgents can also be classified as:Commercial agent: They are those who have the power to negotiate and conclude the purchase or sale of goods on behalf of the other.Factor or mercantile agent: Is an agent who has the power to possess principals property with the aim of selling itAgency of necessity: Are the kind of agents who come in whenever there is a certain emergency. They can operate without the authorization of the owner.Transaction Agent: In claims exactly where combined organization seriously isn't authorized, list agents who find themselves inside location associated with publishing a deliver for the purchaser may want to turn into a exchange adviser. This adviser won't stand for either party however just allows for the exchange.Dual Agent: Agencies get into combined organization after they stand for the owner as well as the purchaser. Dual organization could happen regardless of whether the you will find a pair of agents required -- an inventory adviser along with a consumer's adviser -- when both agents benefit the same brokerage. That may be mainly because it's the real estate brokerage who produces organization. Dual organization seriously isn't legal in most 50 claims.Buyer's Agent: Some sort of consumer's adviser is known as a advertising adviser (not being puzzled with a seller's agent), some sort of acquiring adviser or perhaps, in most claims, a unique consumer's adviser. Unique consumer's agents by no means benefit dealers. Numerous agents, on the other hand, help both dealers in addition to buyers, although not usually inside same exchange. Bidder's agents may possibly or perhaps might not have to have a purchaser to help indication some sort of consumer's brokerage agreement, depending on neighborhood custom made.Listing Agent: List agents are also referred to as seller's agents since they stand for owner. A list adviser can be a real estate brokerage or perhaps a real estate agent. These types of agents are obligated to repay some sort of fiduciary responsibility for the owner underneath an inventory agreement in addition to must protect which fascination.

Q9 Evaluate the rights and duties of an agentAgents also have rights and duties

Rights of an agent:

Right of compensationAgents have a right to receive compensation of the costs they incurred. Where an agent is an employee, compensation in form of commission should be paid in addition to salary. In the case of commercial agents, there are the commercial agents regulations to ensure that commercial agents are paid.Right of indemnificationAgents have the right to be compensated incase of loss or injury suffered in carrying out the agency duties.

Duties of an agentThere are duties which are set out for agents in order to know what to expect from them. Some of the duties are:

Duty of careAn agent is expected to apply skills and care according to the circumstances. The nature of agency differs and therefore the standards of skill and care differ.Fiduciary dutiesAn agent should make sure that his personal interest and that of the principal do not differ. The agent should be trust worth by not receiving bribes or making secret profits.

Express authorityIs an authority given by the agent such that if the agent performs any act within the scope of his authority the principal and any third party will have to comply.Actual implied authorityEnables the agent to have authority to do whatever he wills so long as it is in line with his job.

Q10 Identify and apply strategies to find and justify appropriate solutions for increasing customer satisfaction over credit arrangementsInvestigation possesses recognized a new core group of qualities and also actions of productive clientservice corporations in the industry economy. Regardless of whether thesecorporations provide things or solutions, they will notice that happy clients are usuallythe true secret with their achievements. Many people target reaching 100 percent customer satisfactionand also upload this particular concern throughout the firm all the way through that has a soundstructure of procedures, techniques and also details.Obtaining excessive amounts of customer satisfaction demands that will corporations consistentlycheck and also take a look at the particular experiences, opinions, and also suggestions of the clientsand also people who find themselves potential customers. Strengthening service quality to satisfy customersexpectations is usually an constant component of doing work. In this manner, clients travel the market industryand the firm.

Throughout a group assembly mother board, members record the productive effectsthey will look for are usually extremely linked to the particular accessibility to a thorough range of quality family memberssolutions and also group sustains; and when they may modify these effectsthey must store carrier's networks and also deliverers dependable. Having capital from thegroup foundation, the particular homeowner mother board hires a residential district leader that can help all of themcarry out a new marketplace analysis analysis in the solutions that exist inside their group in order toonline communities which are acknowledging positive results they also look for. With this particular details, the particularhomeowner mother board decides in order to launch a new resident/consumer marketing campaign to improve nearby serviceaccess and also quality. Many people opt to:1. Instruct nearby people about those things, solutions and also sustains which arerequired to increasing the quality of lifetime inside the town and also offeringyoung children and also family members a new fairer tremble in greater chances;3. Perform a residential district review in order to taxation the particular accentuate of solutions that willcan be found inside their group;3. Instruct people about minimum amount quality expectations which are importantdue to this group of things, solutions and also sustains to be effective and also able tomake the particular effect people wished and also needed;four. Build a group record card that will regularly accumulates and also studiesinformation regarding residents experiences with service quality, resident/consumer pleasure, and also service usefulness; and also,5. Start off group dialogues with people, nearby carrier's networks, civicteams, authorities organizations and also politicians to share homeowner suggestionsand also focus on ways to improve all round service quality and also access.In the case of Dot Company, they decided to come up with a 5 year plan to increase operating efficiency and reduce operational costs in order to increase sales. They employed a new person to make the business more competitive.Dot company made a 25% pay cut and eliminated several high positions to reduce costs. By eliminating costs they will increase customer satisfaction since their prices will go down and in turn the sales will increase.

Q11 Use critical reflection to evaluate Dots refund policy and credit agreements and justify your findings, and make valid conclusions

The consumer Credit Act and it is changes affect those that employ credit to buy things along with or perhaps solutions, by way of example, upon hire-purchase documents or perhaps by using a retail store bank card. This Behave governs the particular licensing connected with, and also other regulates, upon dealers that source credit, or perhaps things along with solutions upon credit. It is therefore a very important application to have knowledge of the way the idea is effective at your fingertips.

Exactly where things usually are purchased upon credit well away (for case in point, in the internet) there is a right to cancel beneath the Consumer Safeguard (Distance Selling) Restrictions 2002. This kind of cancellation time period continues no less than a week as soon as the time what is the best you get the products, nevertheless may be lengthier. Should you cancel beneath these kinds of polices, any associated credit arrangement would be immediately cancelled far too.

Dot Company did not have a good refund policy and good credit arrangements. This is evident from the complaining customers who were saying what they are advertising is not in line with what the company does.The company not having a good refund policy is evident from the fact that Dot company was facing a lot of financial challenges therefore did not have money for refund.The conclusions that can be drawn from this are that Dot Company did not follow policies relating to refund of customers and proper credit arrangements. This is because of OFCOM allegations and customers complaints indicated lack of satisfaction.

Task 3

Q12 Outline monopolies and anti-competitive practice legislation in the UK

Monopolies are large businesses which make it hard for other small businesses to thrive. They give anti competitive environment. Monopolies have a high market power which gives consumers less choice and therefore high prices.

The anti-competitive practices are:-

Cartels: They discourage others from participating in the market by setting very high pricesExclusive dealing: Whereby the contracted supplier restricts a certain retailer or wholesaler to purchase from him.Price fixing: whereby companies merge to set price therefore disabling the free market from setting their prices.Dumping: Whereby a company sets a very low price in a competitive market therefore selling at a loss.Dividing territories: Is whereby two companies agree to reduce competition on certain territories.Price limiting: Whereby a monopolist sets the price therefore it discourages others from entering the marketTying: Is whereby the retailer is forced to purchase gods that are not naturally related.Resale price maintenance: Whereby resellers are not allowed to determine the price on their own.

Q13 Explain the role of the competition Commission within the context of monopolies and anti-competitive practices and the UK office of Fair Trading

Competition commission was established by the competition act 1998 and its a public body. It was initially called the monopolies and mergers commission.Legislation along with the Framework with the marketplace

Troubles take place once the marketplace framework within a offered marketplace turns into monopolistic at the. gary. if your merging or perhaps a take-over reasons an organisation to produce greater than 25% with the marketplace output (defined being a functioning monopoly). Mergers are generally looked at from the Rivalry Payment.

Oligopolies may cause marketplace disappointment in particular when there is evidence of collusive behaviour from the prominent businesses in the marketplace

Your competitors Payment

Your competitors is usually a open entire body set up from the Rivalry Take action 1998. Earlier known as the Monopolies and Mergers Payment, the idea came into being in very first Apr 1999

Your competitors Payment provides two main jobs

1. Confirming in testimonials and referrals of the Director General connected with Sensible Dealing, the DTI along with the main electricity government bodies

only two. Ability to hear appeals next to prohibitions beneath Rivalry Take action 1998.The competition commission was formed to perform the following roles: To hear appeals against prohibitions in the competition act 1998 and to report in case the director of fair trading, the data or main utility regulators make any referrals.According to the European competition law, acts which damage competition in a market and abuse of a dominant position are prohibited.Anti competitive agreement mainly deal with, fixing purchasing and selling prices, they limit production or investment or technical development, they ensure that there is sharing of markets or supply sources, and applies different trading conditions.Fair trading Act 1973: This was formed to control the formation of monopolies.

Q14 Define dominant positions within the EU common market

The EU common market prohibits any abuse of a dominant position in the common market. In this case someone in a dominant position is one who has economic power over customer or supplier over a certain period of time. To define dominance, the following criteria are used:

Market share: If one has a larger number of market shares then he is in a more dominant position that one who has a low market share.Market structure: Market structure elements define the dominance. For example if people share the same market they can occupy a collective dominant position.Barriers to entry: They are conditions which hinder some people from participating in the market. Therefore those who enter easily may occupy a more dominant position.

Initial, domination of your offered current market is not defined only by the marketplace share placed by simply an undertaking or involving other quantitative things, although must be looked at from the gentle involving the chance to exercising an significant impact for the performance on the current market along with for the conduct involving other organizations. Within the common sense involving 14 Feb . 1978 in the case of "United Manufacturers Organization v. Commission" The courtroom upheld along with become bigger this is on the predominant place adopted through the Commission rate around the determination involving 9 12 1971 from the "Continental Can easily Company" case. The item so explained that the predominant place known throughout Article eighty six (EEC, completely new Article 102 TFEU)"relates to a place involving economic power relished by simply an undertaking which makes it possible for the item to prevent successful competition currently being looked after for the relevant current market giving the item the electricity for you to conduct themselves a great significant magnitude individually involving the competition, consumers along with in the end involving the consumers".

The meaning on the relevant current market or on the current market you want can be involving wonderful magnitude, because a lot more purely which current market is usually defined in time along with area, the more the likelihood that the predominant place might be determined from the popular current market. Within the common sense involving 13 Feb . 1979 from the "Hoffman-La Roche v. Commission" case, your The courtroom involving Proper rights felt, in common with the Commission rate, that every selection of nutritional vitamins takes its individual current market and this a single product or service could fit in with two individual markets if it might be employed for numerous requirements. This The courtroom placed which precise competition must be capable of are present in between merchandise which fit in with your relevant current market, which presupposes a respectable quantity interchangeability or substitutability in between this sort of merchandise. To the Commission rate, your review involving demand replacement entails a dedication on the range of merchandise, which are viewed as substitutes through the buyer along with their competition could so impact your pricing on the parties' merchandise. This Commission's see for the relevant current market is definitely an analytical tool which assists you to compute company's current market stocks.

As regards the very idea of your distortion involving buy and sell in between New member Says, which is identical with regard to Content 101 along with 102 on the TFEU (ex Content seventy eight along with 82 TEC), your Commission rate and also the The courtroom involving Proper rights recognize that the attentiveness where an undertaking uses up a predominant place from the popular current market or in a large part of the item can be of importance with regard to buy and sell in between New member Says. Within the common sense involving 13 July 1966 from the "Grundig-Consten" case your The courtroom opined which the very idea of problems for buy and sell in between New member Says must be seen as a problem involving "whether your arrangement is usually efficient at constituting a menace... for you to flexibility involving buy and sell in between New member Says in a fashion which might harm your accomplishment on the targets of your sole current market in between States" [Joined situations 56 along with 58/64]. Needless to say which abuse of your predominant place is usually evaluated much more harshly given it can compartmentalise your relevant current market along with create economic interpenetration more difficult. That had been true having Uk Leyland, which rejected for you to difficulty type-approval certs with regard to left-hand-drive "Metro".

Q15 Consider the application of EU exemptions to potentially anti-competitive practices

Competition laws exempt specific sectors or certain economic activities. Examples of sectors which are exempted are labor, agriculture and transport. The exemptions are few for countries that have recently adopted competition laws. However there are some sectors which are excluded from the competition law such as telecommunications, media, energy and financial services. This is because these sectors do not face a lot of competition since it does not have a large number of monopolies.The competition act has exemptions for collective bargaining, association of fishermen and travel agents, insurance and security firms, and sports.The European Union also issues block exemptions for certain economic sectors to reduce the burden imposed on the business firm and staff.

Q16 Select/design and apply appropriate methods or techniques to reduce number of customers complaints

Dot Company can reduce the number of complaints by ensuring the products are of high quality for the customers to be satisfied. They can do this by applying the legal rules.The marketing department also needs to comply with advertising regulations such that they advertise what they have and therefore dont mislead their customers.The credit arrangements should be reconstructed such that it is friendly to the customer and there is a good refund policy.If all this are observed, customers complaints will reduce since they will be more satisfied.

Q17 Identify differing forms of intellectual property

Intellectual property is a set of legal rights for the protection of creative effort particularly economic investment.Forms of intellectual property are:Copyright: Is the protection against unauthorized copying of original work. For example for articles, music among others.Patent: It protects what makes things workTrademarks: Are logos or signs that distinguish a certain product in the market...Designs: Is a shape that protects the appearance of a product or a logoTrade secrets: Is confidential information which can be protected by the court concerning a certain product. It is confidential information that will make the business have more advantage over those who dont have the information.Plant variety rights: The breeding of a new species of plant can be registered under the plant varieties act.Circuit layouts: Is the protection of integrated circuits such that there is no need for registration by the Circuit Layout Act.

Q18 Outline the principles relating to the protection of inventions through patent rights and their infringement in a given business scenario

The patent law has certain rules that must be taken into account. These are: The inventor should receive a financial reward for his work. According to the patent law, the inventor or designer of a certain enterprise should receive a financial reward for the work he has done. If an invention is made on generic resource, the applicant must disclose everything on the application form and fill a specific form that will be provided by the patent administration authority. The patent holder to be given a compulsory license in case he fails to utilize his patent within 3years or misuses his patent in a monopolizing manner.These rules are to make sure that patents are protected.In order to gain patent, the invention should be original, unique and useful. The patent body will provide two tests to determine if the idea posses utility. The idea should be unique such that it is not obvious.In order to apply for the patent, the inventor should have an equitable conduct before the patent and trademark office. Inventors should also pursue their inventions diligently since the inventor may lose the patent if the idea is discovered by someone else.The one who wants to be a patent holder should do a Patent cooperation treaty application to file the application in several countries.Infringement is violation of a patent law. This can be through selling, using, making or importing an article that is covered by the patent. To prove infringement, the patentee must show evidence that the action infringes the patent.In case of infringement, the patentee is expected to pay compensation for the damages made to the owner of the patent.

Q19 Describe the principles relating to copyright protection and their infringement in aGiven business scenario

There are copyright laws that protect the rights of a copyright holder. Copyright holders have moral rights regarding the copyright and this are: right of paternity, right of integrity, and right of withdrawal.The rights of copyright owners differ with countries with each country having its own rules.Copyright protection is subject to a number of exceptions and limitations depending on the region. A copyright lasts for the whole lifetime of the holder and a minimum of 50years after his death. Copyright helps one to reproduce and communicate his work to the public without his work undergoing piracy.When a copyright holder rights are infringed, he can take a civil action provided by the national law in order to stop the unlawful activity from going on and to get compensated for being violated. Through the court the violator may undergo injunction. In case the owner has suffered financial loss, the court could be asked to pay for the damages.

Q20 Compare and contrast the protection of trademarks and business names

A business name is the name under which the business operates. It can be used for banking, taxing, and billing and identification purposes.A trademark is the right to do something and distinguish them from others.A business name and trademarks differ in that a trademark allows your company to be unique in the market while a name does not.A trademark has laws that protect from infringement while a name does not. On choosing a trademark, trade mark law must be applied to avoid diluting the trademark.

Q21 As a Personal Business Secretary of CFO how would you carry out responsibilities forManaging and organizing all initiatives and efforts to overcome the present situation

As a secretary I would make sure that the terms of credit changes for the better. I would do this by ensuring that all the right policies are followed by the employees. I would try to integrate the marketing department with other departments to make sure that high quality products are of high quality to ensure there is customer satisfaction. I will make sure that all the business laws are implemented and followed by all the employees.

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