国际市场营销 第七章

The bases for the majority of the legal systems of the world include:
Bases for Legal Systems (P159)
(1) Common law (2) Civil or code law (3) Islamic law (4) Marxist-socialist legal system
Intellectual Property Rights, Counterfeiting and Piracy (P167)
• In the United States, a common-law country, ownership of intellectual property rights is established by prior use • In many code-law countries, ownership is established by registration rather than by prior use • A trademark in Jordan belongs to whoever registers it first in Jordan so there are “McDonald’s” restaurants, “Microsoft” software, and “Safeway” groceries all legally belonging to a Jordanian
The three major international conventions include: • The Paris Convention • The Inter-American Convention • The Madrid Arrangement
Marketing Laws (P171) • When doing business in more than one country, a firm must comply with different marketing laws • All countries have laws regulating marketing activities in promotion, product development, labeling, pricing, and distribution channels • In Austria, premium offers, free gifts, or coupons are considered as cash discounts and are prohibited
Under code law, the legal system is generally divided into three separate codes: (1) Commercial code (2) Civil code, and (3) Criminal code
Islamic Law (P161) • The Koran forms the basis for the Shari’ah (Islamic law) • It includes issues such as property rights, economic decision making, and types of economic freedom • Islamic law prohibits the payment of interest
1. The four heritages of today’s legal systems 2. The important factors in jurisdiction of legal disputes 3. Issues associated with jurisdiction of legal disputes and the various methods of dispute resolution 4. The unique problems of protecting intellectual property rights internationally. Ways to protect against piracy and counterfeiting
• Multinational corporations also laws on environmental issues such as industrial pollution, hazardous waste disposal, and rampant deforestation • Green marketing laws focus on environmentally friendly products and on product packaging and its effect on solid waste management • Germany has passed the most stringent green marketing laws that regulate the management and recycling of packaging waste • The European Community, Japan, and many other countries have begun to actively enforce their antitrust laws patterned after those in the United States
Legal disputes can arise in three situations: (1) between governments, (2) between a company and a government, (3) and between two companies
Jurisdiction in International Legal Disputes
• Piracy and counterfeiting leads to lost sales from the unauthorized use of U.S. patents, trademarks, and copyrights • Counterfeited pharmaceutical drugs can also lead death and bad publicity
International Conventions (P170)
• Many countries participate in international conventions designed for mutual recognition and protection of intellectual property rights
Patent Law: The U.S. versus Japan
USA
• Operates under “first to invent” rule
JAPAN
• • • • • Operates under “first to register” rule Promotes technology sharing Patent applications public Patents granted in 4 to 6 years Patents valid 20 years from application date issued
International Dispute Resolution (P163)
International disputes can be resolved by: • Conciliation • Arbitration • Litigation
Intellectual Property Rights, Counterfeiting and Piracy (P167)
• • • •
Protects individual inventors Patent applications secret Patents granted in up to 24 months Patents valid for 17 years from
Green Marketing Legislation & Antitrust Issues (P173)
Introduction
1. No uniform international commercial law governing foreign business transactions exists
2. Best to get expert legal advice when doing business in another country
• With the collapse of communism, the former eastern bloc countries have developed a commercial legal system to engage in international commerce
Marxist-Socialist Tenets • China and Russia differ as Russia is moving toward a democratic system, whereas China is attempting to activate a private sector within a multicomponent or mixed economy, but their legal systems are still nascent
Jurisdiction is generally determined in one of three ways: (1) the jurisdictional clauses included in contracts (2) where a contract was entered into, or (3) the basis of where the provisions of the contract were performed