Unit 50-LO4 Recommend appropriate legal solutions based upon relevant legislation, case law, and regulations-BTEC-HND-Level 4 & 5

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

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.

Different types of consumer-related disputes:

Consumer complaints, consumer authority, inquiry, and possible remedies

Consumer complaints:

It is a way to tell companies how we feel about the goods and services they provide. This includes money-back guarantees but also pledges to make reasonable amends for defective products.

Consumer Authority:

It is a company review website. It needs to have content that is successful. Consumer Authority does not pay people for their reviews. Instead, it takes a flat fee from each conversion of the website. We do not allow advertisers to buy more positions on the site than the third position because we cannot control them and how they buy legitimacy through their ads.

Inquiry:

An inquiry is a question that someone asks about something. This is the word for this in Latin. An inquiry can be to get more information about a subject or find out something that we don’t know. We use different words when asking questions depending on what we are looking for, and how pragmatic it might be to do it.

Possible remedies:

When a customer is not happy with the product he or she bought, they can get their money back, have it fixed or replaced. Sometimes there are no remedies in some areas.

Infringement of intellectual property rights:

Unauthorized use of intellectual property, patent rights, copyright tribunal, passing off, and legal action in courts, arbitration, and alternative remedies

Unauthorized use of the intellectual property is when you are using another company’s logo or name without their permission. It can be called “passing off”, which is a type of trademark infringement. Passing off occurs when the consumer thinks that products or services are those of another company.

One example is if P Company names its product “Starburst” and D Company puts packaging on a product that looks much like Starburst and sells it to consumers who think it’s original, then D would be liable for passing off under trademark law. Legal action in courts may often involve disputes over contracts about intellectual property rights governing patented invention, copyright tribunal, or alternative remedies such as conciliation boards.

The length and complexity of patent cases can make it hard to know which party is in the right. Sometimes, one party will sue another for either infringing on their patents or having a product that is not patented. In these cases, the patent must be clear about what it covers in order to avoid lawsuits by other people.

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