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MKT 360 > Ch 7-- International Legal Environment > Flashcards

Ch 7-- International Legal Environment Flashcards

1
Q

What is patent

A

Protects inventions

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2
Q

What are the differences between the patent laws of the US and Japan?

A

USA: Protects the inventory, secret application, quick process, long period of protection
Japan: Benefits society, public application, long process, short period of protection

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3
Q

What kind of product pricing strategy was Walmart not allowed to use in Germany?

A

Leader pricing– reducing price of a product to attract people + then have them buy other products at a regular price

BC they were accused of dumping

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4
Q

What is the law in many European countries on the use of comparative advertising?

A

Not allowed

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5
Q

What is the basis for Common Law? In what countries is it presently used?

A

Derived from English law
Most former English colonies use this +US+Canada
Basis: Tradition, past practices, legal precedents set by courts

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6
Q

How is ownership of intellectual property determined in Common Law?

A

Intellectual Property Law: ownership is determined by first to USE

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7
Q

How is ownership of intellectual property determined in Common Law?

A

Intellectual Property Law: ownership is determined by first to USE

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8
Q

What is the basis for Code Law? In what countries is it presently used?

A

Basis: Comprehensive system of written rules or codes
Derived from Roman law
Majority of countries in the world use this
3 codes:
- Commercial code (regulates business and commerce)
- Civil code (human relations: marriages, inheritance, divorce)
- Criminal code: crime

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9
Q

How is ownership of intellectual property determined in Code Law?

A

First to REGISTER

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10
Q

What is the basis of Islamic Law? In what countries is it presently used?

A
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10
Q

What is the basis of Islamic Law? In what countries is it presently used?

A
  • Based on the interpretations of the Quran and the teachings of the Prophet Muhammad
  • Combination of common (prophet) +code law(Quran)
  • Practiced in 27 (muslim countries)
    Goal: social justice
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11
Q

What is the basis for Socialist Law?

A

Found in marxist-socialist states
Basis: law is subordinate to economic conditions
As socialist countries become increasingly involved in international trade, they adjust their laws
Core concept: economic, political, social policies of state

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12
Q

What is International Law?

A

A body of rules established by a custom or TREATY and recognized by nations as binding in their relations with one another.
- There is NO international lawmaking body. Rules and principles are only binding by CHOICE.

Ex: NAFTA (free trade agreement), tax treaties, IMF

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13
Q

How is International Law created?

A

Created by agreements between nations that have more or less the force of law

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14
Q

What is the ISO and why do its standards have the effect of International Law?

A

International Standardization for Organization
- composed of bureaus of standards of several countries
(decided the rules + regulations for measures, PUBLISH technical standards to provide quality manufacturing, UNIVERSALLY accepted)

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15
Q

What is international law?

A

whatever countries agree is the law
ISO standards are now universally accepted
(if not ISO 9000 certifies, company + gov do now work w manufacturers)

16
Q

What kind of standard is the ISO developing for the WTO and why is it needed?

A

ISO 9000: Sets out procedures for good quality control in factory
WTO needed to differentiate between honest + good TECHNICAL STANDARDS and bogus/invented ones used as a barrier to trade

17
Q

What is a standard

A

set of rules to follow to produce the same product EVERY time

18
Q

What is a patent:

A

Protects an invention
“gov. grants certain rights given to an inventor for a LIMITED time in exchange for the disclosure of the invention”

19
Q

What is a trademark

A

Protects a brand
(portion of a brand (name, symbol, both) is given LEGAL protection– CANNOT be copied

20
Q

What is copyright?

A

Protects writing, artistic words, computer software, original works of authorship AGAINST copying

21
Q

What is the international Patent Protection System that covers the most countries?

A

International Convention for the Protection of Industrial Property (PARIS UNION)
1883
U.S + 100 countries

22
Q

What Patent protection does the Paris Union give?

A

1 year protection to REGISTER patent in other member countries
– NO auto registration

23
Q

What Trademark protection does the Paris Union give?

A

6 months protection to register in other member countries
SIMPLER to do this

24
Q

What does the Berne Convention of 1886 protect? What is the minimum copyright protection it provides? What is the length of copyright protection in the EU? In the USA?

A

Protects authors
Minimum term of LIFE + 50 years (members are free to provide more)
Ex: EU 1993 life +70 years
EX: USA 1998 Sonny Buono Copyright Extension Act is life +70 years for indiv., life _ 75-97 years for corporate )

25
Q

What is the WTO agreement on TRIPs? What 2 intellectual property protection systems does it combine?

A

TRIPs (Trate Related aspect of Intellectual Property rights )
1994 (GAAT Uruguay round)
Covers copyrights, patents, trademarks, trade secrets, industrial designs, geographical indicia, and integrated circuit layouts)

Combines: Berne Convention + Paris Union

26
Q

What is a “geographical indicia” and why is it important to marketers?

A

Geographical indication of the origin of a product, can be trademarked/b branded
ex: parmesan cheese ONLY if from Parma Italy
Champaign only from Champaign region of France

27
Q

What does the Foreign Corrupt Practices Act prohibit?

A

Protects everything you can think of:
Bribery
Prohibits domestic concerns from influencing foreign officials foreign political parties/candidates, any person that can influence an official/party

By using ANY means: offer, payment, authorize payment

To influence any act or decision of a foreign official/ gov

28
Q

How does the Omnibus Trade Reconciliation Act modify the Foreign Corrupt Practices Act? What 2 affirmative defenses does it allow?

A
28
Q

How does the Omnibus Trade Reconciliation Act modify the Foreign Corrupt Practices Act? What 2 affirmative defenses does it allow?

A

Allows lubrication
- small payments to minor officials to get them to do their job FASTER
- Payments if associated for marketing
- allows payment if it is legal for the country where it is made

29
Q

What is the foreign corrupt practices act

A

Strongest anti bribery law in the world,
prohibits any payments to any political parties, officials, or anyone to make it on your behalf.
AMENDED by Omibus

30
Q

How does the Sherman Act affect mergers or acquisitions in foreign countries?

A

Landmark legislation that prohibits monopolies + attempts to monopolize
US law is extraterritorial bc it also prohibits anybody conducting business in the US INCLUDING foreign companies and extends to US companies OVERSEAS

THIS AFFECTS MERGING IF IT AFFECTS COMPETITION

31
Q

What law is an exception to the Sherman Act by allowing competing firms to collaborate in export activities?

A

The Webb Pomerene law
Competing US firms may cooperate in export trade

32
Q

What is jurisdiction in a legal dispute?

A

Jurisdiction (what court if going to hear the case) depends if the defendant is “doing business” there by:
- Maintaining offices, soliciting business, maintaining bank accounts
- defendant might have to “prove” jurisdiction

33
Q

How much power does a mediator have over the parties in a dispute being resolved by conciliation?

A

conciliation/mediator: third party comes in and tried to bring them together
NO legal right
ONLY advice, persuasion
Can’t force anyone to take a side + informal

34
Q

How much power does an arbitrator have over the parties in a dispute being resolved by arbitration?

A

case is heard by a panel of arbitrators, proceedings are in secret, parties AGREE beforehand to ABIDE by ruling
- pre select third party to judge
FULL of power bc parties name them as judge

35
Q

What is gray marketing

A

Exclusive territory agreement, they are the ONLY one that distributes your product in the country
quid pro quo

36
Q

Why is litigation is the MOST undesirable

A

The lawyers are the only winners

MKT 360 (25 decks)

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