Term
| What are the differences between the patent laws of the US and Japan? |
|
Definition
US: patent laws protect the investor, secret application process, quick process, long period of protection i individualist
Japan: benefits society, public application, long process, short period of protection, Collectivist (Shinto religion) |
|
|
Term
| What kind of product pricing strategy was Wal-Mart not allowed to use in Germany? |
|
Definition
| Leader Pricing or Loss Leader: Price product below the cost to get people into your store and was considered dumping in Germany |
|
|
Term
| What is the law on many European countries on the use of comparative advertising? |
|
Definition
| You actually compare the two products in your ad and it is not allowed in europe and it is considered libel |
|
|
Term
| What is the basis for Common Law? In what countries is it presently used? |
|
Definition
| Comes from English law found in England, US, Canada, ect and comes from tradition, past rulings, and other legal precedents |
|
|
Term
| How is ownership of intellectual property determined in Common Law? |
|
Definition
| Ownership is by the first to use |
|
|
Term
| What is the basis for Code Law? In what countries is it presently used? |
|
Definition
| This comes from Roman Law, found in 70 countries, bunch of written rules and its separated by commercial, civil, and criminal |
|
|
Term
| How is ownership of intellectual property determined in Code Law? |
|
Definition
| ownership is determined as first to register |
|
|
Term
| What is the basis of Islamic Law? In what countries is it presently used? |
|
Definition
| Based on Koran (code law) and the teaching of the prophet muhammad ( mother fucker), found in 27 countries and it combines social behavior and economic behavior with religion |
|
|
Term
| What is the basis for Socialist Law? |
|
Definition
| Found in Marxist socialite states (russia) and law is subordinate to economic conditions- change laws based on own economy |
|
|
Term
|
Definition
| there is no intentional lawmaking body- basically they makes their own rules |
|
|
Term
| How is International Law created? |
|
Definition
A collection of treaties, conventions, and agreements between nations that have, more or less, the force of law
Examples:
• Free Trade Agreements (NAFTA)
• Tax treaties
• IMF, GATT, and WTO |
|
|
Term
| What is the ISO and why do its standards have the effect of International Law? |
|
Definition
| International Organization for Standardization: made of the bureaus of standard of 146 countries |
|
|
Term
| What kind of standard is the ISO developing for the WTO and why is it needed? |
|
Definition
• ISO 9000: concerned with quality management
Has become gold standard with quality management
Universally adopted
if you don’t qualify nobody will consider your product
ISO 14000: concerned with environmental management
WTO: wants a technical standard |
|
|
Term
|
Definition
| a government grant of certain rights given to an investor for a limited time in exchange for the disclosure of the invention - an actual invention like the iphone |
|
|
Term
|
Definition
| the portion of a brand (name, symbol, or both) that is given legal protection – cannot be copied |
|
|
Term
|
Definition
| protects the writings of an author against copying (protects literary, dramatic, musical, and artistic works – including computer software) |
|
|
Term
| What is the international Patent Protection System that covers the most countries? |
|
Definition
International Convention for the Protection of Industrial Property (Paris Union)- us +100 countries and gives a year to register in other countries
European Patent Convention: EU+ Switzerland and its one application for all |
|
|
Term
| What PATENT protection does the Paris Union give? |
|
Definition
| 1 year protection to register in other countries |
|
|
Term
| What Trademark protection does the Paris Union give? |
|
Definition
| 6 months protection to register in member countries |
|
|
Term
| 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? |
|
Definition
protects the authors, copyright is automatic – no registration required
min: Protects life of author + 50 years
EU (1993) – life +70 years
USA (1998) – Sonny Buono Copyright Extension Act – life +70 years for individual works, life +75-95 years for works of corporate authorship |
|
|
Term
| What is the WTO agreement on TRIPs? What 2 intellectual property protection systems does it combine? |
|
Definition
WTO agreement on Trade-Related aspects of Intellectual Property Rights (TRIPS)
Covers copyrights, patents, trademarks, trade secrets, industrial designs, geographical indicia, and integrated circuit layouts
Combined the Berne Convention and Paris Union |
|
|
Term
| What is a “geographical indicia” and why is it important to marketers? |
|
Definition
Geographical indicia: an indication of the geographical origin of a product
You can trademark it like Champaign or tequila |
|
|
Term
| What does the Foreign Corrupt Practices Act prohibit? |
|
Definition
| Prohibits domestic concerns from influencing: political officials, 3rd person influence, foreign officals ect via bribes |
|
|
Term
| How does the Omnibus Trade Reconciliation Act modify the Foreign Corrupt Practices Act? What 2 affirmative defenses does it allow? |
|
Definition
Payment to expedite routine governmental action is not a violation
Affirmative defenses are:
The payment was lawful under the laws and regulations of the foreign official’s country
Payment was a reasonable expenditure directly related to the promotion of products or services
a marketing expense |
|
|
Term
| How does the Sherman Act affect mergers or acquisitions in foreign countries? |
|
Definition
| Cant make monopolies that would hurt us in or outside country |
|
|
Term
| What law is an exception to the Sherman Act by allowing competing firms to collaborate in export activities? |
|
Definition
| Webb Pomerane Law: Competing US firms may cooperate in export trade |
|
|
Term
| What is jurisdiction in a legal dispute? |
|
Definition
Jurisdiction (what court is going to hear the case) depends if defendant is “doing business” there by:
Maintaining offices, soliciting business, maintaining bank accounts or other property, or has agents or employees |
|
|
Term
| How much power does a mediator have over the parties in a dispute being resolved by conciliation? |
|
Definition
| informal attempts to bring the parties to an agreement- has no real power |
|
|
Term
| How much power does an arbitrator have over the parties in a dispute being resolved by arbitration? |
|
Definition
| the case is heard by a panel of arbitrators; proceedings are secret; parties agree beforehand to abide by the ruling- thus it is the judge and has the final say |
|
|
