Chapter 7 Class Lecture(ch. 6 in book)

Question 1

What are common legal dimensions?

Answer 1

Intellectual property, competition and trading practices, consumer protection, environmental protection, company formation and governance, employment and protection, health and safety, and human rights.

Question 2

What are the national legal systems?

Answer 2

Common Law (civil and criminal) - English

Civil Law (Napoleonic Code) - French

Socialist Law

Islamic Law (Sharia)

Question 3

What are the regional legal systems?

Answer 3

Cross Collaboration, Economic Integration, and Supranational Context - TPP

Question 4

What are international laws?

Answer 4

• Act of State Doctrine
• Dispute Resolution Forum
• Doctrine of Comity (mutual
  respect of laws between nations)
• Nationality Principle
• Principles of Sovereignty
• Protective Principle
• Rights of Aliens
• Territoriality

Question 5

How is legal risk assessed?

Answer 5

- Degree of respect for the rule of 
   law
- Possible liability for
   subcontractors, fair and impartial criminal 
   justice system
- Fair and impartial civil courts
- Efficient and impartial civil courts
- Liability in negligence and for faulty products
- Degree of corruption tolerated as normal
- Transparency in corporate governance
- Enforceability of contracts
- Protection of Intellectual Property

Question 6

What is intellectual property?

Answer 6

The legal entitlement of exclusive rights to use and idea, piece to knowledge, or invention

Question 7

What are some basic concepts?

Answer 7

• Counterfeit goods
• Genuine goods
• Gray Markets (parallel
  distribution)
• Business strategy
• Non-legal Options
• Modularization
• Operational Structures

Question 8

What are copyright protection aspects?

Answer 8

• Protection for “Author’s Works,”
• 70 years after death of author including control of derivative works
• use of “clearinghouses” ASCAP and BMI
• Copyright Felony Act of 1992 criminalizes all copyright infringements
• Digital Millennium Copyright Act (WIPO)

Question 9

What is the developing nation perspective?

Answer 9

“Knowledge” is a public good, “burrowing” technology without payment, and the increasing of internet piracy

Question 10

What are international solutions to protecting intellectual property?

Answer 10

World Intellectual Property Organization and the Trade-Related Aspects of Intellectual Property Rights

Question 11

What is the special case of intellectual property law?

Answer 11

A compulsory licensing provision accompanies medicine patents in most developing countries and some developed countries.

Question 12

What are reasons for restrictive technology transfers?

Answer 12

• Paying for obsolete technology
• paying too much for technology
• application of licensor law to all disputes
• unequal bargaining power between first-world and third-world licensees
• no research and development undertaken locally
• prohibiting challenges to patent validity and duration
• export restraints and exclusive sales agreements.

Question 13

What is the role of generic medicine?

Answer 13

Generic drugs are sold at significantly lower prices and removes competition which may slow the betterment of these medicines.

Question 14

What are the aspects of trademark protection?

Answer 14

• most common in franchise agreements
• various international treaties (Paris Convention, Nice Agreement, and 1973 Vienna Trademark Registration Treaty
• can be renewed continuously
• in US, it requires registration at the State and Federal levels