Unit 50:            Consumer and Intellectual Property Law

Unit code         K/617/0740

Unit level         5

Credit value     15

Pre-requisite    Unit 7

Introduction

The aim of this unit is to provide students with the knowledge and application of the law relating to consumer transactions, consumer credit and intellectual property as it relates to everyday dealings. Students will recognise that a business operates within a diverse legal framework. Consumer transactions are governed by statutes and regulations creating specific legislation for sale of goods and consumer protection.

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

Learning Outcomes

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

1.    Analyse the main principles affecting the legal relationship between business organisations and their consumers.

2.    Examine the legal rules on consumer credit agreements.

3.    Evaluate the key provisions relating to intellectual property rights.

4.    Recommend appropriate legal solutions based upon relevant legislation, case law and regulations.

Essential content

LO1 Analyse the main principles affecting the legal relationship between business organisations and their consumers

Sale of goods:

·         Consumer rights and remedies.

·         Statutory implied terms, transfer of property and possession, seller’s remedies against the buyer, consumer’s remedies against the seller, relevant legislation.

·         Consumer guarantees exclusion and limitation clauses.

Digital content rights:

·         Statutory rights and remedies e.g. repair or replacement when digital products are faulty.

Supply of services:

·         Statutory implied terms and remedies e.g. right to repeat performance, right to price reduction.

Product liability:

·         Defective products and liability.

·         Product safety at common law and under statute, liability consequences, defences.

LO2 Examine the legal rules on consumer credit agreements

Forms of consumer credit agreements:

·         Classification of consumer credit agreements and different types. Pre and post contract requirements.

·         Restricted use of credit, unrestricted use of credit, debtor-creditor supplier agreements, debtor-creditor agreements, relevant legislation.

·         Rights and obligations under consumer credit agreements.

Consumer credit licensing:

·         General licensing requirements e.g. the issue of licences.

·         Termination of consumer credit agreements, early re-payment, right to terminate, termination statements, enforcement of consumer credit agreements, creditor’s remedies, default notices, relevant legislation.

LO3 Evaluate the key provisions relating to intellectual property rights

Intellectual Property:

·         What constitutes intellectual property, What is intellectual property law,

·         Registration of patents, designs and design rights, trademarks and copyright, role of the Patent Office (UK), European Union Patent Office.

·         How to manage effectively intellectual property rights, The law in practice.

·         Patents:

·         Patent legislation, patent rights, inventions, patents and employees.

Trademarks and business names:

·         Defining trademarks, applying to register a trademark, registering business names.

LO4 Recommend appropriate legal solutions based upon relevant legislation, case law and regulations

Different types of consumer related disputes:

·         Consumer complaint, consumer authority, inquiry and possible remedies.

Infringement of intellectual property rights:

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