BUSN7052 Chap.13 Property, Intellectual Property and Agency
Property, Intellectual Property and Agency
The final teaching weeks cover property, intellectual property and agency, which past finals examine as short issues inside larger business scenarios. This chapter explains finders and the competing claims of true owners, occupiers in control and finders, fixtures and fittings on the sale of a business, and airspace licences.
It sets out the Trade Marks Act and Copyright Act provisions the marking guides cite, with passing off and s 18 alongside them, and explains express, implied and apparent authority when an employee binds a business.
What this chapter covers
- 01
Finders: Armory, Parker and the duty to seek the owner
- 02
Fixtures and fittings when a business is sold
- 03
Registered trade marks and infringement under s 120
- 04
Copyright in original works and AI-generated text
- 05
Passing off and s 18 for unregistered names
- 06
Express, implied and apparent authority
Worked example · free
A gold coin dug up by a landscaper
- +1A finder ordinarily gains a possessory title good against everyone except the true owner (Armory v Delamarie).
- +2Items in or attached to land are treated differently from items lying on it (Elwes v Brigg Gas Co); a buried coin is in the land.
- +1The homeowner, as occupier of the land the coin was buried in, therefore has the better claim, subject to efforts to find the true owner.
Key terms
- Possessory title
- A finder's right to keep an item against everyone except the true owner.
- Fixture
- An item so attached to land or a building that it becomes part of it.
- Deceptively similar mark
- A sign so close to a registered trade mark that it is likely to cause confusion.
- Passing off
- A tort, raised beside s 18 in past guides, against a rival presenting its business as another's.
- Express authority
- Authority a principal actually gives an agent, in words or writing.
Property, Intellectual Property and Agency FAQ
Does an employee who finds something at work keep it?
Usually not. A 2021 answer guide applied Wiley v Synan and Byrne v Horne to a cleaner who found a valuable item while clearing rubbish: found in the course of employment, it had to go to the employer, and the event organisers had to try to locate the true owner.
Do I need to register copyright?
No. Copyright arises automatically in an original work such as a drawing, song or text, giving exclusive rights including reproduction under s 31(1). It protects expression rather than ideas, and the 2025 guide asked whether text produced by artificial intelligence has the human authorship needed for originality.
When does copying a logo not infringe a trade mark?
Infringement under s 120 requires use of the sign as a trade mark. A 2021 guide noted that fans printing a band's logo on home-made t-shirts they did not sell were unlikely to be using it as a trade mark, although copyright in the logo as an artistic work could still be infringed.
When is a business bound by an employee who exceeded instructions?
When the employee had implied authority or the business held them out as authorised. In a 2022 guide, an employee whose business card and title presented her as a salesperson sold stock she was not authorised to sell, and the company was likely estopped from denying the sale.
Exam move
These topics are examined briefly, so aim for compact, accurate paragraphs rather than long analysis. For finders, memorise the ranking: true owner, occupier with proven control, finder, everyone else, and attach Armory, Parker, Elwes and Waverly Borough Council to the right step. Practise on three invented locations, such as a private home, a shop floor and a public driveway, and explain how control changes.
For intellectual property, keep two lists of sections from the marking guides: trade marks with ss 6, 17, 20, 120 and 126, and copyright with ss 10, 31, 36 and 115. In a scenario, ask first whether a mark is registered; if it is, lead with infringement, and if not, move to passing off and s 18. Treat copyright separately, because it needs no registration.
For agency, write the three kinds of authority as a short ladder and practise applying them to employees with misleading titles or internal spending limits. Finally, connect this chapter with the rest of the course: a copied product name often raises both a trade mark issue and misleading conduct under s 18, and past guides credited answers that raised both.
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