Protection Of Trademarks And Business
Outlines the monopolies and anti- competitive practices legislations in the UK
Monopoly – monopoly is situations in which there is one firm is exist in the relevant market who supplies the goods to the consumers, and having the full control over the market. Monopoly is a threat to the UK market competition. When any firm take the control over the market at least 25% then it lead that there is existence of monopoly in the market. When the two industries have control over the market at least 25% then monopolies and Merger Company conducted the investigation. The example of the monopoly firm is the Microsoft which attained the world wide operating systems. The UK government concerned is to prevent the firms who take the monopoly in the market and threat to the competition in the market. It is treated illegal in the UK. The cases are referred to the office of the fair trading which are investigate by the monopolies and merger commission they use the competition act 1988 and the consumer law treating the monopoly firm.
Monopoly can be develop in market through –
- There is horizontal merger between the companies who are in the same industry.
- The increasing power of one firm through its success in marketing its products.
In UK the competition act is prohibited the anti- competitive behaviour in two ways. These are:
- Chapter-I of CA 98 and article 10 TFEU are prohibited the anti- competitive agreements.
- Chapter –II of CA 98 and article 102 TFEU are prohibited the abuse of dominant positions.
- These are similar to each other but are affected in UK and EU.
Explain the Role of competition commission within the context of monopolies and anti- competitive practices and UK office of fair trading.
The competition commission was set up in 1988 in UK. Competition commission is the body who regulate the competition law in the UK. In competition commission there is regulatory body who have the control over the competition in the market. The decision which is given by the regulatory bodies’ then applicant makes the appeal to the Competition commission. The competition commission have power to hear the appeal which is made by the any applicant. The competition law is single law which is enforced in the UK. The office of the fair trading is the only authority which enforced the competition law of the UK. There are number of sectors in office of fair trading which have their own specific authority and specific powers.
Fair trading office in UK
Fair trading office ensures that firm are complying with these regulations.
- If there is suspecting that there is breach is done then fair trading office have power to investigating the business.
- Fair trading office has power to take enforcement action.
The following bodies have the concurrent powers in the UK IN their respective areas:
- Communication office – it is related to communication.
- Water services regulation authority– it is related to water and sewage in England and whales.
- Office of rail regulation– it is related to railways.
- Gas and electricity market authority– this authority deals with the gas and electricity.
- Northern Ireland authority for utility regulation- this deals with the gas and electricity in Northern Ireland.
- Civil aviation authority– it is related with the air traffic services.
There are various consequences when there is breach is done.
- The firms have to pay the fine up to 10 % if they make the breach of the provisions.
- The agreement become void and deal become unenforceable if there is breach is done in chapter -1.
- Any person who have the charge of breach of chapter -1 then he will be disqualified from the company.
Define dominant position with the EU common market
Chapter II / article of the UK AND EU competition law prohibited the abuse of dominant position. Dominant position is that in which one firm get the stronger positions in the market and because of their dominant position they exploit the consumers, impose unfairly conditions on the product and wipe out the new competitors from the market and make barrier to the new firm for entry in the market. The firm who have the dominant position must have ability to act independently in the market for their customers and competitors. Any company who have to take the dominant position in the market have required taking the 50% market share. According to UK and EU any firm who have dominant positions and make abuse of this position then it is illegal business.
There are various methods through which we can understand that the firm abuses the dominant position.
Imposing the predatory price- It means that firm sell their product below the cost to take over the market share, there main motive is to wipe out the competitors of the market. When their motive is completed then they increase the price of the product for recouping their loss.
Price discrimination– In this firm charges different price form different customers. The firm is not fixed the amount of the product. They make the discrimination between the consumers.
Tying and bundling agreement– In this the supplier supply the goods only at condition that buyer have to purchase the different goods or he will give surety that consumer will not purchase the goods from the other supplier.
EU States that any firm who have the dominant position in the relevant market, it is incompatible and it also affect the trade between the member states so it is prohibited.
There are certain exemption is given by the EU to potentially anti-competitive practices
- If there is satisfaction by the company who have the dominant position that they have justification for using this practice in certain circumstances.
- If company satisfy that the company distribute the profit within the consumer without any discrimination.
- If company satisfy that distribution is used for the development of the goods and services.
P4.1 Identify differing forms of intellectual property
Intellectual property deals with the copyright, trademark, design etc. Intellectual property 2014 deals with in the UK. There are four parts in intellectual property.
- Part 1 of the intellectual property deals with the industrial design.
- Part 2 deals with the patent.
- Part3 and 4 deals with the other
These four parts deals with the registration process, infringement process, what rights are protected and along with the infringements the remedy available for the infringement.Intellectual property is of two kinds.
- Industrial property
Copyright deals with the literary, artistic dramatic, musical work, sound recording, computer detail and Cinematograph films. It is an exclusive right which is given to the authors by the government for the specific period of time.
Industrial property- it include the patent, trademark, industrial design, geographical indication etc.
P4.2 Outline the principles relating to the protection of inventions through patent rights and their infringement
The Patents Act 1977 sets out the requirements for patent applications, how the patent-granting process should operate, and the law relating to disputes concerning patents. The latest amendment to the Patents Act 1977 took place on 1 October 2014; the Patent Act 2004 is an Act of the Parliament of the United Kingdom. Patent is the protection which is given for the new invention to the patentee. Patent is not given for the mere discovery. Patentee has the right to prevent the others for making the use, sale or offer to the public. No person is allowed to make, use or offer to the public without taking the permission from the patentee if any person make use, sale, offer to the public then it leads to infringement. The patent include the:
- How the work is done.
- How the completed his work.
- How the work is made by the patentee.
There is rule for taking the patent is that if any person revealed in the public about the whole invention process, then the individual cannot file the application for taking the patent over the invention. So it is necessary that until the patent is not filed the secret of their invention should be kept secret by the inventor. Patent is granted to the inventor if he fulfils the conditions which are laid down:
- The invention must be new.
- Have the industry use.
- There is new inventive step.
The time period of the patentee is given 20 years for their invention.
Infringement of the patent
If any people do this following that lead to the infringement:
- Sale, makes use, or imported by the person without the permission of the owner of the invention.
- The inventor can take action against the person who makes use, sell the product, or destroy the product then inventor get the remedy on account of the person who make the infringement.
P4.3 Describe the principles relating to copyright protection and their infringement
Copyright is an exclusive right which is given to the author by the government. This right is given for the specific period of time. The Copyright, Designs and Patents Act 1988 is an act of the UK parliament. The assent is given to the Copyright, Designs and Patents Act 1988 on 15 November 198819
- This act is also known as CDPA. This act is came into force for the copyright which is related to literary, dramatic, musical work, cinematograph film, sound recording, computer databases. This right is given to the author no have not right to make use of the copyright work without the permission of the author. If any person makes use of the copyright work then he will infringed the copyright work of the author. For this the author gets the remedy. The remedy which is available to the author is of two types. These are:
- 1. Civil remedies
- Criminal remedies
But it is a criminal offence under the CDPA (copyright, design. And patent act 1988), if any person do the following:
- Make the copy of the work and make use and sell.
- The copies of the work are imported.
- Infringing copies of the Work has to been shown in the public without the permission of the author.
- Work has been translated in the public.
- Large number of copies has been distributing in public and which have an adverse affect on the copyright owner of the business.
If any person who make the infringement of the copyright work then certain penalties are imposed on them.
- Pay the minimum fine which is £5,000 and or imprisonment for at least six months.
- There is no limit for the fine and imprisonment for 10 years in crown court.
P4.4 Compare and contrast the protection of trademarks and business names
- Trademark is the mark which is capable to distinguish the one goods from the other goods.
Business name is the name which is given for the operation of the business.
- The trademark is given for the period of 10 years where business name is given for the unlimited time period.
- The time period of the trademark has been renewed before the time period is expired it is before 5 to 6 years. There is no need of renewal period in business name.
- The trademark given the proprietary right for using the trade name. But in business name there is no proprietary right is given.