Course: Business Law

Internal Assignment for June 2023 Examination

1.
Ans.
Introduction

Introduction:

The Consumer Protection Act of 2019 adds numerous key rights for Indian customers,
improving their protection and answering expanding needs in the digital age.Consumer rights
are critical for safeguarding consumers from commercial interactions and guaranteeing fair
and ethical practices in the marketplace. These rights are intended to empower customers,
allow redress in the event of an unfair remedy, and sell a healthy and transparent corporate
environment.

Concepts and Applications:

1. The Right to be Heard:

Here are some instances of purchaser rights software under the Consumer Protection Act of
2019:

Assume a buyer purchases a faulty mobile phone and attempts to contact the manufacturer's
customer service to repair the problem but receives no response. In this instance, the
consumer can file a complaint with the consumer dispute redressal channels established under
the Act to have their concern addressed.

Buyers have the right to be heard and to have their complaints resolved. The Consumer
Protection Act of 2019 creates consumer dispute resolution boards at the district, kingdom,
and national levels. These forums provide a way for consumers to report court cases, seek
restitution, and have their opinions heard quickly and efficiently.
2. The Right to Consumer Education:

Here are a few instances that demonstrate the software of consumer rights under the
Consumer Safety Act of 2019:

Customer education is critical in enabling customers to make educated decisions and

safeguard their rights. The 2019 Consumer Protection Act emphasizes the significance of
consumer education and encourages governments and consumer organizations to market
customer awareness campaigns and instructional apps.

Consider a customer who is unaware of their rights and becomes a victim of a deceptive
investment scam. The Act stresses client education, and customers can be better educated,
identify the hazards, and protect themselves from such frauds through public awareness
campaigns and educational initiatives.

Customer education is critical in enabling customers to make educated decisions and

safeguard their rights. The 2019 Consumer Protection Act emphasizes the significance of
consumer education and encourages governments and consumer organizations to market
customer awareness campaigns and instructional apps.

3. The Redressal Rights:

Here are some instances of customer rights software under the Consumer Protection Act of
2019:

Consider the following scenario: a customer purchases a car that consistently fails
mechanically, regardless of upkeep. The customer can file a complaint with the Consumer
Dispute Redressal Commission to seek compensation for his or her losses and, if required, to
have the defective vehicles recalled.

Customers' right to redress assures that they can receive active and fair treatment for their
lawsuits and grievances. The Buyer Protection Act of 2019 creates Buyer Dispute Redressal
Commissions to handle consumer issues. These commissions have the authority to issue
compensation orders, recall goods, and stop unfair commercial practices.

4. The Privacy Rights:

Here are a few instances that demonstrate the importance of consumer rights under the
Consumer Protection Act of 2019:
Personal data privacy is crucial in the digital era. Assume that a consumer's personal
information is disclosed without their permission or is misappropriated via an e-commerce
platform. The Act outlaws unfair and misleading acts using personal records, giving
customers the right to sue and seek redress for infringement of their privacy.

Customers' right to privacy has become increasingly important as the usage of digital
infrastructure and e-commerce grows. The Buyer Protection Act of 2019 addresses privacy
issues by outlawing unfair and misleading acts in the collection and use of personal data. It
also calls for the formation of a primary client safety Authority to enforce data protection
standards.

These examples demonstrate how the Customer Safety Act of 2019 equips customers with
the tools they need to cope with a variety of difficulties they may face in the marketplace,
ensuring their rights are protected and preserved.

5. Access to Information:

Here are a few instances of how the Consumer Protection Act of 2019 can be used to defend
consumers' rights:

Consider a customer out shopping for skincare. The consumer has full access to the product's
information, including its ingredients, manufacturing date, and potential effects. If the
product package does not provide correct facts or contains deceptive promises, the client may
submit a grievance under the Act.

Purchasers have complete and accurate product and service records, including quality,
quantity, pricing, components, and manufacturing data. The Consumer Protection Act of
2019 highlights the need of vendors providing clear and transparent information, making it
easier for customers to make educated decisions.

6. The Right to Safety:

Here are a few instances that demonstrate the software of consumer rights under the
Consumer Protection Act of 2019:
Consider a buyer who buys a home appliance that fails and produces an electric shock. The
consumer shall seek compensation from the manufacturer or seller for the harm caused by the
dangerous product under the Customer Safety Act.

The right to safety ensures that clients are not exposed to items or services that are hazardous
to their health or safety. Under the 2019 Purchaser Protection Act, manufacturers and service
providers are required to ensure the safety of their products and services, and purchasers have
the right to seek compensation in the event of injury or damage caused by unsafe goods or
services.

7. The Right to Choose:

Here are a few instances that demonstrate the importance of consumer rights under the
Customer Protection Act of 2019:

Consider a scenario in which one brand controls the market and engages in unfair change
tactics to limit consumer desire. For example, the brand might engage into exclusive
agreements with retailers to prevent them from carrying competitors' items. The Buyer
Protection Act forbids such methods, allowing buyers to have a wide range of options.

The right to choice allows customers to select from a variety of products and services at
competitive prices. This right supports fair competition and discourages monopolistic
activities in the marketplace. The Client Protection Act of 2019 forbids unfair alternate
tactics, deceptive classified advertisements, and restricted commercial practices that limit
customer want.

Conclusion:

The Act sets methods for resolving consumer disputes, emphasizes the importance of
customer education, and encourages market openness and responsibility. In India, the
Consumer Protection Act of 2019 greatly improves customers' rights. It recognizes the
increasing issues that consumers face in the digital age and provides complete protection
against unfair change practices, dangerous goods, and privacy infringement. The Act's goal is
to build a fair and green consumer ecosystem inside the country by empowering customers
and protecting their rights.
2.
Ans.

Introduction

Intellectual property rights IPRs are legal rights awarded to people or organizations for
their innovations or inventions. These rights protect intangible property rights resulting from
human invention and ingenuity. They grant authors or owners of intellectual property
exclusive rights to control and commercialize their inventions. Copyright, trademarks,
patents, trade secrets, and company designs are just a few examples of intellectual property
rights. We can raise awareness about copyrights and patents through this reaction.

Concepts and applications:

1. Copyrights:

A type of intellectual property right known as a copyright gives writers exclusive control over
their original works of creation. These rights cover a wide range of artistic expression,
including software, digital content, and works of literature, invention, music, theatre, and
architecture. Copyright protection automatically develops when a work is created in a
predetermined format, including writing it down or recording it.

Copyrights are primarily used to provide authors control over the use and distribution of their
works, allowing them to profit financially from their ingenuity. Owners of copyrights are free
to reproduce, distribute, display, use, and produce derivative works based on their original
works. These rights provide creators the freedom to choose how their works are used; they
may decide whether to economically exploit their creations, grant licenses to others, or forbid
unlawful usage.

To further explain the idea of copyrights, it is crucial to understand the range of works that
are protected as well as the privileges accorded to copyright holders:

1. Protected Works: Numerous inventive works are covered by copyright protection,

including but not limited to:

• Artistic works: Visual arts include artwork, sculptures, drawings, photographs, and
more.

• Digital content: websites, blogs, virtual pictures, videos, and online content.
 • Dramatic works: performs, writes, and produces screenplays.

• Musical works: Songs, compositions, and musical arrangements.

• Architectural works: blueprints and architectural designs.

• Software: Computer programs and code.

• Literary works: a variety of literary works, including novels, poetry, plays, articles,
and essays.

2. Rights of Copyright Owners: The proprietors of works protected by copyright are given a
number of exclusive rights. The following are included in these rights:

• Public show right: The right to exhibit the work in public.

• Distribution right: The ability to make public copies of the work available for
purchase, renting, leasing, or lending.

• Derivative work proper: composing fresh pieces based on translations,

adaptations, or original works.

• The public performance right: the right to perform the work in public, such as live
performances or theatrical productions.

• Reproduction right: It is appropriate to reproduce the work in copies or phone

records.

Example: The Harry Potter Series by J.K. Rowling

The popular Harry Potter series' creator J.k. Rowling is the owner of the copyright to her
works. This indicates that she has a unique license to copy, share, and modify her works.
Others cannot reproduce or make derivative works of her work without her consent thanks to
copyright protection. She has complete control over how her characters, plots, and other
Harry Potter-related components are used. She is able to make money off of her works by
licensing the rights to adaptations for movies, merchandising, and theme parks.

J.k. Rowling's Harry Potter series is a prime illustration of the value of copyright protection
and its enormous influence on the success of new work. This enduring collection of fantasy
books has won over millions of readers worldwide and become a global phenomenon.
On a train trip in 1990, J.k. Rowling, a struggling author at the time, also had the inspiration
for Harry Potter at the same time. She painstakingly created a rich and captivating world of
magic, adventure, and friendship over many years. The narrative of the series centers on the
adventures of young wizard Harry Potter and his companions as they enroll in the Hogwarts
School of Witchcraft and Wizardry, fight evil forces, and eventually face Lord Voldemort.

After finishing "Harry Potter and the Philosopher's Stone," which was subsequently renamed
"Harry Potter and the Sorcerer's Stone" in the United States of America, Rowling was
confronted with the challenge of hiring a writer. British publishing business Bloomsbury
hired Rowling after recognizing the quality of her writing. The book was published in 1997
and gained wide praise, captivating both children's and adults' imaginations.

2. Patents:

Patents are forms of intellectual property that provide protection for innovative inventions
and technical advances. For a limited time, often two decades from the filing date of the
patent application, they provide inventors exclusive rights to their works. Governmental
patent offices provide patents to innovators and give them the right to stop others from
copying, using, selling, or importing their inventions without their consent.

An innovation must adhere to certain criteria in order to receive a patent. It must be novel,
which means that it must be brand-new and have never been revealed to or considered by the
public before. An new step must be present in the innovation, which means that it must be
difficult to understand even for a technical expert in the subject. In the end, the discovery
must be applicable to industry, which means it can be manufactured or used in some capacity.

Patents are intended to encourage innovation by giving creators a brief monopoly over their
works. The right to use and profit from an invention is a separate right that inventors receive
in exchange for exposing it to the public. This exclusivity enables innovators to recuperate
their costs, support related research and advancements, and encourage technological
advancement by presenting a competitive advantage.

When an invention is awarded a patent, the inventor is given a number of privileges. To

prevent others from utilizing the patented innovation without authorization is the most basic
right. This gives the creator control over how their innovation is commercialized, enabling
them to provide licenses to other businesses, advertise or transfer the patent rights, or create
and sell the idea.
Example: The iPhone by Apple Inc.
Along with the iPhone, Apple Inc. has a number of other inventive items covered by patents.
These patents protect the distinctive features and technologies built into the iPhone, such as
its touchscreen user interface, multi-contact gestures, and different hardware parts. Apple can
protect its innovations from being copied or imitated by other businesses by getting patents,
giving it a competitive advantage. Additionally, Apple may license its technology through
patents to other businesses, creating new revenue streams.

Conclusion:

The protection and encouragement of innovative and creative enterprises depends heavily on
intellectual property rights. While patents protect technological inventions, copyrights protect
artistic and literary creations. The Harry Potter series and the iPhone serve as practical
illustrations of how these intellectual property rights provide writers and innovators the
opportunity to control and monetize their works. Understanding and upholding intellectual
property rights fosters innovation and creativity, promoting a way of life that is forward-
thinking and progressive.
3. (a)
Ans.
Introduction

Introduction:

The legal structure that best meets the objectives and preferences of the new company must
be carefully considered. Entrepreneurs in India have the option of creating unincorporated or
incorporated corporations for their businesses. There are benefits and drawbacks to each type
of corporation. We will examine the distinctive characteristics of unincorporated and
incorporated forms of businesses in this answer, outlining their concepts and initiatives.

Unincorporated Forms of Organization:

1. Partnership:

A partnership is an unincorporated business that is created when two or more people decide
to split obligations, liabilities, and profits. General partnerships and limited partnerships are
both types of partnerships. A stylish partnership has limitless liability for each partner. There
are general partners with unlimited responsibility and limited partners with liability that is
restricted to their capital contributions in a constrained partnership. A partnership document
defining the rights, obligations, and profit-sharing agreements of the partners governs
partnerships. If the partners incur any legal or financial obligations, their assets may be at
risk.

2. Sole Proprietorship:

The easiest type of unincorporated business is a sole proprietorship. A single character owns
and runs the company in this setup. The owner has total authority over the business and is
fully liable for any debts and obligations. Legally, the proprietorship and the proprietor are
regarded as one and the same thing. It can be set up quickly and with the bare minimum of
requirements. But the owner takes all risks and is held individually liable for any legal or
financial obligations.
Incorporated Forms of Organization:

2. Public limited company:

A firm that is publicly restrained is similar to one that is privately restrained but can also
issue shares to the public. It is suitable for huge enterprises looking for public investment and
wider ownership. Companies with public restrictions are subject to higher governance
requirements and more stringent regulatory requirements. Shares of the employer are tradable
on stock markets, and shareholders' liability is still restricted to their proportionate part of the
capital.

1. Private Limited Company:

An included company that small to medium-sized businesses frequently choose is a private

limited company. It has a narrow scope of culpability and is a distinct criminal entity. A
board of directors oversees the company's activities and divides the company's ownership
into stocks held by shareholders. Greater criminal requirements and laws apply to private
small groupings than to unincorporated ones. Annual financial statements must be kept on
file, and they may also need to abide by corporate law requirements. Although the employer
exists without regard to its owners, shareholders' responsibility is limited to the value of their
shares.

Conclusion:

Samiksha must pay close attention to her company's size, potential for growth, financial
requirements, risk tolerance, and long-term goals. She will be able to make an educated
choice with the help of legal and economic experts. Establishing a properly-based and
legally-compliant business would provide a solid platform for the success and expansion of
her puppy spa franchise in the Indian market.

Samiksha must make a crucial decision on the company's structure if she wants to launch her
network of puppy spas in India. Unincorporated business structures like sole proprietorships
and partnerships offer flexibility and simplicity but expose the owner(s) to unrestricted
liability. However, included documents such as private limited liability companies and public
limited liability companies offer little legal obligation protection and regulatory compliance.
3 (b).
Ans.
Introduction

Making thoughtful strategies and taking into account many elements are essential when
starting a new business. It's a fascinating project that Samiksha has in mind to launch a string
of "BuBri" puppy salons in India. Samiksha has to be aware of the many kinds of intellectual
property rights that are accessible as well as the registration processes in order to protect the
name and associated intellectual property. This newsletter will give readers a general
introduction of intellectual property, explore the kinds of intellectual property rights that are
most relevant for the organization's mission, and describe how to register an intellectual
property right.

Concepts and applications:

Inventions, literary and creative works, designs, symbols, names, and pictures used in
business are all examples of intellectual property (IP), which is a term used to describe these
works. Laws are used to preserve these intangible assets, giving people or organizations
temporary exclusivity over their works. For the purpose of defending the term "BuBri," the
following types of intellectual property rights are essential:

1. Trade secrets: Private company data that provides a competitive edge is referred to as
trade secret. Samiksha should set in place the necessary safeguards to protect sensitive
information, like particular salon techniques, customer databases, or patented formulae for
canine care products, even while alternative secrets no longer require official registration.
Trade secrets can be safeguarded through nondisclosure agreements (NDAs) when data are
shared with personnel, partners, or suppliers.

2. Copyright: Literary, artistic, musical, and architectural works are all protected by
copyright as original, inventive works. Copyright does not extend to names, single words, or
titles, even though it primarily protects physical results. As a result, copyright may not be
used to protect the name "BuBri" alone. However, it could be appropriate for defending
unique information on the company website, in advertising materials, or in other works of art
connected to the brand.
3. Trademarks: A trademark is a recognisable symbol, picture, or expression that separates a
company's goods or services from those of other businesses. Words, logos, slogans, or a
combination of them, might all be included. The term "BuBri" can be used and defended in
the area of Indian pet salons thanks to the registration of a trademark. Utilizing the finest
intellectual property office (in India, the Trademark Registry) and paying the necessary fees
are normally required during the registration process to ensure that the proposed trademark is
distinct and has not previously been registered. After a successful registration, the owner of a
trademark may display the ® symbol to signify that the mark is protected.

4. Domain names: A website is identified by its domain name, which is a distinctive network
address. Samiksha should reserve the bubri.com (or any suitable extension) domain to
establish an online presence for her company. The process of registering a domain name is
primarily handled by domain registrars, who adhere to a simple registration process. To
prevent disputes or cybersquatting, it is crucial to reserve the preferred region name as soon
as possible.

Conclusion:

To handle the registration process and effectively defend the intellectual property rights of
her business, Samiksha needs to speak with an intellectual property lawyer or a specialist
intellectual property company. By doing these things, Samiksha may build a solid basis for
her business and protect its unique character in the marketplace.

Samiksha often has to be conscious of filing a trademark and acquiring the domain name in
order to develop and defend the term "BuBri" for her network of pet salons in India. A
domain registration guarantees an online presence, but a trademark registration grants unique
rights to use the name in the area of pet salons. Samiksha should also be aware of copyright
protection for any creative works connected to the business and think about putting
safeguards in place to protect trade secrets.