2011英语营销国际商法案例分析
国际营销的特殊法律案例(3篇)
第1篇一、背景介绍苹果公司（Apple Inc.）是全球知名的高科技公司，其产品线包括iPhone、iPad、Mac、Apple Watch等。
自2007年进入中国市场以来，苹果公司在中国市场取得了巨大的成功。
然而，随着市场份额的不断扩大，苹果公司在中国市场也遭遇了一系列知识产权纠纷。
本文将分析一起苹果公司在中国市场的特殊法律案例。
二、案例简介2011年，苹果公司在中国市场推出了一款名为“iPad”的平板电脑。
然而，在推出过程中，苹果公司发现深圳唯冠科技有限公司（以下简称“唯冠”）拥有“iPad”商标的注册权。
于是，苹果公司以1000万美元的价格购买了“iPad”商标在中国大陆、香港、台湾地区的所有权。
然而，这一交易并未得到唯冠的认可。
2012年，唯冠在美国起诉苹果公司，称其侵犯“iPad”商标权。
同时，唯冠还向中国法院提起诉讼，要求苹果公司停止销售“iPad”产品，并赔偿经济损失。
三、案例分析1. 知识产权保护知识产权是企业在国际市场上竞争的重要手段。
苹果公司作为一家全球知名的高科技公司，对知识产权保护非常重视。
然而，在本案中，苹果公司在购买“iPad”商标时，未能充分了解商标权归属问题，导致其在中国市场遭遇知识产权纠纷。
2. 法律风险防范跨国企业在进行国际营销时，应充分了解目标市场的法律环境，避免因法律风险而遭受损失。
在本案中，苹果公司若在购买“iPad”商标前，对商标权归属问题进行充分调查，可能避免这场知识产权纠纷。
3. 诉讼策略在知识产权纠纷中，诉讼策略至关重要。
本案中，苹果公司采取了积极的诉讼策略，在美国和中国两地提起诉讼，以维护自身权益。
最终，苹果公司在美国法院胜诉，但在我国法院败诉。
4. 国际合作跨国企业在面对知识产权纠纷时，应充分利用国际合作机制。
在本案中，苹果公司通过聘请专业的律师团队，以及与美国、中国等地的法院合作，成功维护了自身权益。
四、结论苹果公司在中国市场的知识产权纠纷案例，为我们提供了以下启示：1. 企业在进行国际营销时，应充分了解目标市场的法律环境，加强知识产权保护意识。
英文营销案例
英文营销案例As an author on Baidu Wenku, I want to share with you some English marketing case studies. In today's globalized business environment, the ability to effectively market products and services in English is crucial for companies looking to expand their reach and attract international customers. By examining successful marketing campaigns in the English-speaking world, we can gain valuable insights into the strategies and tactics that have proven to be effective. 。
One notable example of a successful English marketing campaign is Coca-Cola's "Share a Coke" campaign. This campaign, which was first launched in Australia in 2011 and later rolled out in other English-speaking countries, involved replacing the Coca-Cola logo on bottles and cans with popular first names. The campaign was a huge success, as it not only encouraged consumers to purchase personalized Coca-Cola products for themselves, but also to share them with friends and family. The "Share a Coke" campaign effectively tapped into the trend of personalization and social sharing, and it resulted in a significant increase in sales and brand engagement for Coca-Cola.Another noteworthy case study is Airbnb's "Live There" campaign. In an effort to differentiate itself from traditional hotel accommodations, Airbnb launched a marketing campaign that emphasized the experience of "living like a local" when traveling. The campaign featured a series of short films and advertisements that showcased the unique and authentic experiences that travelers could have by staying in Airbnb properties. By highlighting the personal connections and cultural immersion that Airbnb offers, the "Live There" campaign successfully resonated with English-speaking audiences and contributed to the company's rapid growth and success in the travel industry.Furthermore, the "Dove Real Beauty" campaign serves as an inspiring example of how a brand can use English marketing to promote a positive and empowering message. Dove's campaign, which included advertisements, social media initiatives, and a website dedicated to promoting self-esteem and positive body image, aimed to challenge traditional beauty standards and celebrate diversity. By featuring real women of allshapes, sizes, and ethnicities, the "Dove Real Beauty" campaign struck a chord with English-speaking consumers and sparked important conversations about beauty and self-confidence.In conclusion, these English marketing case studies demonstrate the power of creative and strategic marketing in capturing the attention and loyalty of English-speaking consumers. By understanding and learning from successful campaigns like "Share a Coke," "Live There," and "Dove Real Beauty," companies can gain valuable insights into effective marketing strategies and apply them to their own efforts. As the global marketplace continues to evolve, the ability to effectively market products and services in English will remain a key factor in achieving success on an international scale.。
国际商法教学案例(英文选编)粉皮书案例中英答案汇总
P279 Lucy et al v. Zehmer et al1：回答是否定的，判决结果不一定对他不利。
结合本案，如果事实能证明被告Zelmer喝酒喝得烂醉，不能控制自己的行为，不明白自己所签署的文书所带来的法律后果，以致于失去理解协议内容的能力，那么Zehmer也就丧失了民事行为能力。
此时他签署的合同应是无效的或是可撤销的，则判决将倾向于对他有利。
但本案中双方醉酒之程度尚不致剥夺自由行使意思能力，故契约实已成立，原告应履行交付土地义务，以维护交易公平。
1: The answer is no, the ruling does not necessarily against him. Combination of the case, if the facts can prove that the defendant Zelmer drinking drunk, can not control their own behavior, do not understand their own instruments signed by the legal consequences, resulting in the loss of the ability to understand the agreement, it also lost the Zehmer capacity for civil conduct. At this time he signed the contract should be null and void or voidable, then the decision will tend in his favor. But the present case, the two sides of the level of drunkenness was not caused by deprivation of liberty and the ability to put the point, it really has set up a contract, the plaintiff should fulfill the obligation to deliver the land to maintain a fair deal.2：被告先后签署了两份协议使判决结果向原告倾斜，因为这种行为表明了Zehmer 慎重行事及明白自己在干什么。
国际商法英文案例
国际商法英文案例Case: The Mysterious "Vanishing Goods" in International Trade.Once upon a time, there was a company in the United States, let's call it "Sunny Exports Inc." They were super excited to do business with a company in France named "Charming Imports Ltd."Sunny Exports Inc. had a great deal lined up. They were supposed to ship a large quantity of high quality electronic gadgets to Charming Imports Ltd. The contract was crystal clear. It said that Sunny Exports would ship the goods via a reliable shipping company, "OceanSwift Shipping," and that the goods should arrive at the port in France within 30 days of the contract signing.Well, the 30 days passed, and Charming Imports was waiting eagerly at the port. But guess what? No goods showed up! They were like, "What on earth is going on?"Charming Imports immediately sent a very angry email to Sunny Exports, demanding an explanation. Sunny Exports was also in a panic. They checked with OceanSwift Shipping.It turned out that there was a huge mix up. OceanSwift Shipping had accidentally mislabeled the containers. Instead of sending the containers to France, they had sent them to some far flung port in Africa.Now, here comes the legal part. According to international trade law, Sunny Exports was responsible for making sure the goods were delivered as per the contract. But they argued that it was the shipping company's fault.Charming Imports didn't care whose fault it was. They just wanted their goods or their money back. They threatened to sue Sunny Exports for breach of contract.Sunny Exports, in a desperate attempt to save the situation, started to negotiate. They said they would work with the shipping company to get the goods redirected to France as soon as possible. But Charming Imports was not satisfied. They said that because of this delay, they had lostpotential sales during the holiday season, and they were going to claim damages for that too.In the end, after a lot of back and forth negotiation and some legal threats, Sunny Exports agreed to give a discount on the total shipment value and also promised to pay a small amount as compensation for the lost sales opportunity. And OceanSwift Shipping? Well, they had to learn a very hard lesson about double checking those labels!So, the moral of this story in international商法 is that in international trade, everyone has to be super careful. The seller has the responsibility to ensure delivery, and if something goes wrong, they can't just pass the buck. And the buyer has the right to demand what they were promised in the contract.。
2011英语营销国际商法案例分析
国际商法期末考查—案例分析 课程名称：国际商法学期：2013-2014（2）班级：姓名：学号：得分：Case Study 1Samir is walking down Princes Street one Saturday m orning when henotices a very eye-catching display of sets of golf clubs in the windowAs Samir is a veryFairways, a well-known Edinburgh sports retainer.keen golfer, he stops to pay more attention to the window display. Samir immediately notices t hat a set of golf clubs (by Japanese master￡150. He is astonished craftsman Matsumoto) is priced at an incredibleat the low price for the golf clubs and he immediately rushes into the shfor t he cash desk so that h e can purchase t hewhere he heads straightgoods. On reaching the cash desk, Samir is incredibly annoyed to be told by the (somewhat superior) sales assistant that some sort of mistake ha obviously occurred. There is n o way that t he store would sell a set o fMatsumoto golf clubs for a mere ￡150. The goods have beenincorrectly priced and if Samir wishes to purchase the clubs he must pathat Fairways h as made him a definite￡1,500 for t hem. Samir insiststhere i s a legallyoffer a nd that h e has now accepted t hat o ffer-----isenforceable contract between him and the store. The sales assistantabsolutely unimpressed b y Samir‟s line o f argument. A dmittedly, it i soften the case that Fairways will give customers goods which are wronglybut this is purely apriced f or the price a s it i s marked on the ticket,is absolutelygesture of goodwill. In this s ituation,the sales a ssistantcertain that h er superior would be most unhappy if S amir was able t o￡150. Samir begins to loseobtain the goods for the ridiculous price ofhis temper and the other customers in the store are beginning to stop a stare at the disturbance. However, the sales assistant still refuses t￡150.the golf clubs to Samir forQuestion 1: what is the price tag of the golf c lubs in the windowdisplay c alled a ccording to contract l aw theory? Is it a n offer o rinvitation offer? Why?Question 2: Does Samir have a legally enforceable c ontract w ithFairways for the purchase of Matsumoto golf clubs for￡150? Why?Case Study 2On storming o ut of Fairways , Samir runs into a n old friend, Susan,whom he agrees to meet for a meal at 7 o‟clock that evening at Shanghai Susan rushes o ff t o her favourite designer clothingSurprise restaurant.urchase an outfit for her night out store, Tiffany‟s Boutique, in order to p￡1,000 on her outfit from Tiffany‟s.with Samir. Susan spends nearly aAs things l ater turn o ut, S amir will c onveniently forget that h e made arrangements to go out with Susan that evening. Susan is now determined to sue him for the cost of her new outfit, her taxi and the disappointm caused.Question 3:What are the chances of Susan being successful if she goes ahead andsues Samir for the cost of her new designer outfit, the cost of her taxi fare and the disappointment caused?Case Study 3On arriving home just before lunch-time, Samir plays back his telephone answer machine and hears a message from Dougie Campbell, the builder withdrawing his earlier offer t o build a conservatory and patio f or￡1,000. Samir had e-mailed his acceptance of Campbell‟s offer several However, unknown to Samir, h e mistyped C ampbell‟sdays previously.e-mail address and his acceptance never arrived a t its intended destination.Question 4:Is Dougie Campbell entitled to cancel its offer to build a conserbatoryWhy?and patio for Samir?Question 5:If Samir had not mistyped Campbell’s e-mail address, i s DougieCampbell entitled to cancel its offer to build a conserbatory and patio for Samir? Why?Case Study 4Later o n Saturday a fternoon, Samir receives a call on his m obile from￡4,500. Samir is very anxious toStuart who offers to sell him his car forpurchase the car, but in response to the offer he say to Stuart …I‟ll gises to bargain with Samir and tells him￡4‟000 for the car. ‟ Stuart refu￡4,500 if he wants the car. An hour later, Samir bluntly that the price is￡4,500, but he is somewhat shocked to be phones Stuart agreeing to paytold by Stuart that he is no longer interested in dealing with him and someone else is coming over to look at the car.Question 6:Can Samir insist that Stuart sell the car to him for￡4,500? Why?Question 7:If Samir agrees promptly to pay ￡4,500 rather than trying t o pay￡4,000 for the car offered by Staurt, does there exist an enforceable contract between them, why?Case Study 5Seller agreed to ship 10,000 tons of potatoes FOB Tacoma, Washington, to Buyer in Japan. Buyer designated the SS Russet to take delivery at piSeller delivered the7 in Tacoma. On the agreed d ate f or f or d elivery,potatoes to pier 7, but the ship was not at the pier. Because another s using the pier was slow in loading, the Russet had to anchor at a moorin buoy in the harbor and Seller had to arrange for a lighter to transport potatoes in containers to the ship. The lighter tied up alongside the Ru‟s boom was attached to the first container. As and a cable from the shipthe container began to cross the ship‟s rail t he cable snapped. Theteetered back and forth for a while, andcontainer then fell on the rail,finally crashed down the side of the ship and capsized the lighter. All the potatoes were dumped into the sea. Buyer now sues Seller for failur to make delivery.Question 8:Who takes the risk of the loss of the potatoes in this case? Why?Case Study 6Buyer and Seller entered into a contract for t he sale o f sugar f rom theto New York on CIF terms. T hey added language t o thePhilippines“at a customary safe wharf or refinery at contract that delivery was to beor Baltimore t o be designated by the Buyer.”New York, Philadelphia,Before the sugar arrived, the United States p laced a quota on sugarimports. The sugar was not allowed to be imported and was placed in a customs warehouse. The Buyer refused the documents and the Seller sued,was no excuse for the Buyer‟sclaiming t hat t he import restrictionnon-payment. The Buyer argued that the language calling for delivery to a U.S. port converted a shipment contract into a destination contract. Question 9:Was this a CIF contract or a destination contract? Why?Question 10:What was the effect of the additional shipping language used by theparties?Question 11:Why should the parties not attempt to modify a trade term or add other delivery language?。
市场营销案例分析英文
Case One：Xiangjiang Wildlife Park1 Company IntroductionXiangjiang Wildlife Park, located in Guangzhou Province, is a comprehensive project for the development of the tourism resources in Pearl River Delta and promotion of the environmental protection and investment. It combines animal and plant protection, researching, culture, tourism, science education as a whole.1.1 Company Values:Adopt a customer-oriented mentality when providing serviceTreat everyone sincerely and passionatelyKeep moving in harmoniousEnjoy happiness together2 BackgroundXiangjiang Wildlife Park officially opened to the public when the Asian financial crisis had given a negative effect on China economy. The market of tourism is not optimistic during that time. However, in the first year it opened the park has created several miracles in tourism industry:Host more than 80000 tourists on the first day it opened, serve 30000 students on a spring trip and firstly achieve highest record of hosting more than 3000000 tourists by the first year it opened. The reason why Xiangjiang Wildlife Park can make such a big success is that the park has implemented proper “Integrated Marketing Communications”.Integrated Marketing Communications is the concept under which a company carefully integrates and coordinates its many communications channels to deliver clear, consistent and compelling message about organizationand its products.(Kotleret al.1999)3 The actions taken by Xiangjiang Wildlife Park3.1Establish “wild & interesting” scenery spotsEstablish “wild & interesting” scenery spots which are much different from others according to tourists’ mentality—seeking new, strange, special and interesting things.(1) Construct with high start and high standard. The park specialize on massive crocodile breeding and watching and characterize with large amount of free-roaming animals features, meanwhile combining with a variety of animal shows and unique flavor and style of food.(2)Highlight the slogan "return to nature". The park replace the traditional trench heavy iron cage with glass and ditch in order to minimize the distance between human and animal, man and nature.(3)Pay attention to environmental landscape. Build natural landscape perfectly combined with animals and plants.(4)Break the traditional monotony zoo exhibition mode and make full use of modern tourist attractions’ service and entertainment functions. The park sets up a parrot, elephant, beast performance field, as well as the world's largest Crocodile show field.(5)Follow the consumer-oriented rules, respect the consumer's expected cost and consumption habits, always pay attention to reach effective communication principle with consumers and d evelop the park according to consumers’ needs.The park employed professional advertising company into the park. With the help of professional assistance, the Marketing Department and Public Relations Department has done lots of market investigation and environmental design, and planned several integrated marketing communication activities which has brought positive sensational effects.3.2 Start from the environmentAccording to the idea "what consumers want, what we offer" ,the park try theirbest to meet consumers requirements. Because the wildlife park is not the place only for people to watch rare animals, but also the place which allow people to relax and entertainment. Walking into the park, you can not only watch a variety of rare animals, but also can see the flowers garden, fruit decorated branches, melons hanging scaffolding, waterside pavilions, springs forest, vegetation and trees. All these elegant scenery make urban people who have lived in reinforced concrete construction for a long time really appreciate the nature of the "Wild & Interesting".On the basis of the modern entertainment and services, the park give full play to the function of the modern tourist attractions: There are five animal performances for visitors taking turns every day, parrots, elephants, wild beasts, tigers and crocodiles, which make the tourists open their eyes. As a result of that, the park get one more function of a circus. Meanwhile there are also many styles of fast food restaurants, a food street, a dessert gallery, as well as the China's only crocodile restaurant.3.3 Focus on white tigerSeveral marketing studies show that locking the focus can lead to higher advertising effectiveness. So the park come up with the marketing idea "just say one thing". As a result of that, the park chose the sacred, powerful and rare white tiger as its image spokesman.The tiger-related activities have always attracted large amount of attention and aroused media’s coverage. Moreover the white tiger troupe from the United States makes the park even crowded of tourists.White Tiger image has left a deep impact on people. People will think of the XiangJiang Wildlife Park when talking about the white tiger. The park tickets and the largest outdoor post billboards among province both use the white tiger as main character.3.4 Draw support from media to do public relationshipThe park is good at capturing "golden opportunity" of advertising. The park carefully planned a series of public relations activities which attracted intense public attention and active participation In this way it can get help from the mass media toplay a strong influence on public opinion.When the park opened, the Miss China campaign was underway. The TV show is recorded in the park, in which the Miss China performed with several animals in the wildlife. The audience are deeply impressed by the beautiful natural scenery in the park. And thus the Xiangjiang Wildlife Park has become an overnight success.In addition, "the animal world in children’s eyes" drawing contest an d photography contest, held by the park on the International Children's Day, made a perfect combination of art and education. The activity is highly acclaimed by the mass media and people can not help focusing on the Xiangjiang Wildlife Park.3.5 Actively participate in public benefit activities to promote the image of the parkXiangjiang Wildlife Park has always stressed on financing and organizing various social welfare activities since it opened. The park has implemented the free ticket policy for the elderly, young children and people with disabilities into the park. So far there have been over 300 000 people who have enjoyed entering the park free of charge, and the number of teenagers who enter the park with half-price also exceeded 200 000.In addition, the park focused on animal protection, research, culture, science and education programs, for which the park equipped with a number of scientific and technical researchers and also invited foreign and domestic experts to come to the park giving people lectures. As a result of that, tourists who come to visit the park can learn more about the ecological balance and think more of our survival environment. Xiangjiang Wildlife Park start to establish their own long-term image at a high scale of level and win consumers’ heart by focusing on the public benefit activities.4 Analysis and conclusionThese are the values that guide our business, our product development, and our brand. They're what we look for in every employee. As our company continues to evolve and grow, these five values remain constant.The key of the park’s success lies in that the park stressed on as well as insistedon its company value and achieved efficient integrated communication.The company values serve as a compass for our actions and describe how we behave. They guide the way we work with our business partners, within our communities and with each other.Company values help companies in the decision-making processes. As the core value of the park is customer-oriented, all activities of the park are market-centered and consumer-centered. They use what consumer needs and desires as a starting point and try to meet their needs through relevant and efficient advertising, public relations, promotions and marketing, media and other means of communication and organically integration. In this way they have achieved long-term business interests. For example, according to tourists’ mentality—seeking new, strange, special and interesting things, the park establish “wild & interesting” scenery spo ts which are much different from others.Company values educate clients and potential customers about what the company is about and clarify the identity of the company. Especially in this competitive world, having a set of specific company values that speak to the public is definitely a competitive advantage.Xiangjiang Wildlife Park elaborately planned a series public activities that can cause intense public interest and active participation, which had a strong influence on public opinion. At the same time the company carried out "green marketing" and insisted on the principle of harmonious development. With the growing emphasis on a range of social and environmental problems such as ecological balance and environmental protection, "green business" will become increasingly popular among consumers. The park try to resonate with consumers by expressing the voices of consumers on a common issue.Company values are becoming primary recruiting and retention tools. As an energetic warm friendly company, the park attracts large quantities of skilled employers who hold the same value as the company to work for it. Different from most cases, parks are hard to attract talents due to the distant working location. With the help of the enthusiastic and talent workers, the Xiangjiang Wildlife Park stand asa giant and grow fast in his field.Case Two：Alibaba Group1 Company Introduction1.1 Alibaba Group introductionAlibaba Group is a privately owned company of Internet-based e-commerce business including business-to-business online web portals, online retail and payment services, a shopping services. In 2012, two of Alibaba’s portals together handled $170 billion in sales, more than competitor eBay and combined.The company began in 1999 with the website , a business-to-business portal to connect Chinese manufactures with overseas buyers. Its consumer-to-consumer portal Taobao, similar to eBay, features nearly a billion products and is one of the 20 most-visited websites globally. Alibaba Group’s sites account for over 60% of the parcels delivered in China. Alipay, an online payment escrow service, accounts for roughly half of all online payment transactions within China. The vast majority of these payments occure using Alibaba services.1.2 Dream, mission, vision and valuesDream: Create a different world through the development of new business modeMission: To make doing business easyVision: Through the development of IT, solve the problems of small-firm’s procurement, marketing, management and financingValues:Client is God. Provide the best service to the customers and maintain the images of the company.Collaborate together. Share resource together and take responsibility together so that many common people can do uncommon things.Hug with changes. When some changes happen we should adapt it and solve it rationally. When something always immutable and frozen we should create more changes bravely.Honesty. Honesty is a significant value in Chinese culture.Passion. Keep positive and never give up.Work dedicated, finish work on time, insist on learning to improve and use time properly.2 BackgroundAs Alibaba has launched various services systems it is hard to analyze them at the same time. We focus on studying the case of Tmall to see how company value and marketing communication strategy work for the success of Tmall. was introduced in April 2008 as a business-to-consumer online retail platform to complement the Taobao consumer-to-consumer portal and became a separate business in June 2011. As of October 2013 it was the eighth most visited web site in China, offering global brands to an increasingly affluent Chinese consumer base.3 The actions taken by Alibaba Group3.1 Public relationsPublic relations emphasize two-way communication between the enterprise and the public. The purpose is to establish mutual understanding between enterprise and public. Public relations can be distinguished from customer relations because its concerns go beyond the creation of mutually beneficial relationships with actual or potential customers.(1) Rename from “Taobao”to“Tmall”. Reestablish the brand.On January 11th, 2012, “Taobao” mall officially changed its name to “Tmall”. This words comes from Chinese homophonic cat. Cat was picky on quality, brand,environment, which represents fashion, sexy and quality. This is precisely what they want to build with the new brand. Meanwhile, the change of its name is to let the consumer be clearer about the positioning of this website. On this platform, consumers can shop more effectively and get good quality products.(2)Tmall annual festivalThe “Tmall annual festival” marked the start of Tmall independent brand. Since then, Tmall can show their best according to their own personal orientation. At the same time, with the aid of such a distinctive brand image, the brand influence was improved.(3) Adjust the relationship with the merchantsOn October 2011, taobao mall announced new rules for 2012, to increase the deposit from 10000 yuan to 50 000, 100 000, 150 000, three levels. The technical service fee raised from 6000 yuan a year to 30 000 and 60 000 yuan a year. With high deposit, the threshold of the enterprises is raised up so that product quality and consumers right are assured. At the same time, Tmall promised to offer the best platform and service, also to rule merchants to do legitimate business, without damaging the benefits of consumers. Otherwise merchants will be punished. A series of actions from the perspective of consumers will in exchange for consumers’ trust and loyalty. In this way, Tmall get double win with the consumers.3.2 AdvertisingAd is traditionally defined as any paid form of non-personal communication about a product, a service or a company with the intention to sell the product or service or to influence opinion on and attitudes towards the product, service or company. Each of the elements in this definition merits a brief explanation. Advertising marketing can greatly improve product popularity, promote the brand. Tmall, of course, made a lot efforts in advertising.(1)TV advertisingIn the television AD, Tmall utilize celebrity effect and promotion to push public. Especially during festivals, people will buy a lot discount products online, whichbrings billions of income.(2)Online advertisementOn the internet, Tmall is an intensive player. They take every opportunity in almost all network activities. Such practices, such as buffer advertisment sometimes have side effects on consumers. However, some other nicer advertisement, will stimulate consumers shopping enthusiasm.(3)SponsorTmall sponsored Hunan TV programs, such as soap series. The reason Tmall select Hunan TV as their sponsoring subject, is they have strong brand effect, which will definitely help promotion. On the other hand, with a big population watch Hunan TV, the brand will be known by more people. In addition, 20 o’clock is the time that most audience are housewives and youth chasing idol drama, also include some white-collar staffs. These people are the main force of online shopping. The directional, targeted advertisement to this group is an intelligent choice.3.3 Sales promotionSales promotion is a good way which uses incentives to attract consumers to buy the product of products. The marketing method works well for Tmall. Basically there are two following ways:(1) Holiday discounts. Such as 11th November is the shopping carnival of Tmall. All products are 50% discount off, which bring a lot of buyers coming online. This activity stimulated business transactions a lot.(2)MembershipYou can directly register as a free member of Tmall. In this way, consumers and shop owners are connected. Members can get credit (credits can used to buy certain products), return security, birthday gift bag and etc. Membership offers many preferential discounts, so that consumers will be loyalty. All of these plays a key role in the development of Tmall.4 Analysis and conclusionTmall, as China's most representative B2C website, leads businessmen to shift from store management to network operation. Most series of brands pay attention to the online trading platform, which is considered to be an important means and way to achieve strategic transformation, brand extension, channel expansion and to win customers. In my opinion, the main reason for the success of Tmaill are as following three points:（1）Accurate position of service“At first, the turnover of Tmall is not positive due to the reason that its service orientation is not clear and no one has taken the initiative to study what its strengths are, what are the customers' needs. Whereas, there will be a turnover of around 200 000RMB each month. But we need to give us a clear positioning of service, we need to know what we are selling, then what we can get. Through the data analysis, we made some changes of our products. Later based on the feedback of our customers, we clear the position of our services.The reason of Tmall’s success lies in the accurate position of its service: uphold the values of the company,----"customers come first, embrace change, teamwork, integrity, dedication and passion," with the whole new meaning to build a new B2C service platform, and to promote integrated, lively and efficient online trading culture. By integrating thousands of brands, manufacturers and building a one-stop solution bridge between businesses and consumers, Tmall try to upgrade the Taobao platform to "everywhere" win-win situation platforms between supply and demand of consumer. Try to create mutual assistance and lively, family-trading environment so that each person in the Tmall can not only conduct transactions more quickly but also to make more friends.（2）Positive enterprise cultureAnother reason of Tmall’s success is to own a group of like-minded talents to fight for it. Since its opening, the company has been constructing the organization around the company's corporate values for a long time. As a result of that Tmall has formed a clear efficient organizational structure with various departments cooperating and division.When facing of new opportunities and challenges, the company can response and react efficiently and sensitively, as well as figuring out solutions quickly. In human resource management, Tmall developed a strict management system and the rules of incentives and disincentives, while also giving a democracy liberal warm working atmosphere, as a result of that fully mobilize the enthusiasm of the staff work.（3）Efficient integrated marketing communications strategyTmall combines public relations, advertising and sales promotion nicely, manages all the information resource about products and service, keeps the principle of “convey the same voice, establish outstanding image”, which help the consumers and potential consumers touch the integrated information, so that they want to buy and even keep buying. By renaming, brand carnival and the adjustment of relationship with merchants, Tmall has improved their brand image and status, got rid of the once cheap, low quality products image, and rebuilt fashion, sexy, quality as their new image. Secondly, they vigorously push forward the promotion to targeted consumers, with the aim of improving brand popularity and development. Thirdly, through the sales promotion, consumers are stimulated to buy, at the same time, through membership, further add weight for strengthen customer loyalty. In a word, all of these methods are used for the development and prosperous of Tmall.5 What I learn from this assignmentBy talking with the two sales staff, I realized that a long-term integrated marketing communications is a persuasive communication planning process to implement different strategies to customers and potential customers. The most important thing is to communicate. Communicate with customers, communicate with the team and other departments of the company, communicate with the media, communicate with the exhibition company and communicate with the relevant approval authorities, etc. In particular, the communication to a number of contact points should start at the same time, so that we should work hard and stress on the communication skills.Secondly, the range of integrated marketing communications can neither be simplistic nor single. We can never stay on the media integration "issue with one voice on different media".Meanwhile, we also shouldn’t extend it to the corporation planning, production, and so on all aspects of marketing. The so-called integrated marketing communication, much more than the establishment of an appropriate department, pick up a few people, change the name of the integration of marketing communications head. More importantly, we should know how to combine them.Thirdly, company values serve as the a core and spiritual pillar for a company. Once established and recognized by all members, it will have long-term stability, and even become a common belief in the faith of generations. When an individual's values consistent with the company values, employees will work for the enterprise just as for their dreams. If a company can make the values accepted by all employees, then the company will have the power to overcome various difficulties.6appendix5.1 Interviewee 1Name: Cheng LeePosition: Planning CommissionerDaily work: Be responsible for publicity and promotion of the brand of Xiangjiang Wildlife Park, develop marketing activity plan, write reports and activity summary. Plan and create radio, television and newspaper ads. Plan various promotional activities.5.1 Interviewee 2Name: Xiangkun ZhangPosition: Sales managerDaily work: Fully be responsible for the daily management of the Department of Sales.Develop and implement marketing plan according to the company the sales department task and annual sales targets. Ensure the monthly sales reaching plan combined with market conditions. Professional guidance to the departmental staff inorder to achieve individual performance.。
国际商法案件及法律分析(3篇)
第1篇一、案件背景近年来，随着全球化进程的不断加快，国际贸易日益繁荣，跨国合同纠纷案件也日益增多。
本文将以一起典型的国际商法案件为例，对其进行分析。
案例背景：某中国公司（以下简称甲公司）与某美国公司（以下简称乙公司）签订了一份跨国货物买卖合同。
合同约定，甲公司向乙公司出售一批电子产品，总价为100万美元。
合同中明确规定了交货期限、付款方式、违约责任等内容。
然而，在履行合同过程中，双方发生了纠纷。
二、案件争议焦点1. 交货期限延误的责任归属甲公司未能按照合同约定的时间交货，导致乙公司遭受损失。
乙公司认为，甲公司的违约行为构成根本违约，要求解除合同并要求赔偿损失。
甲公司则认为，由于不可抗力导致其未能按时交货，不应承担违约责任。
2. 违约金的计算方法乙公司要求甲公司支付违约金，以弥补其因延误交货所遭受的损失。
甲公司认为，合同中约定的违约金过高，请求降低违约金数额。
3. 合同解除权的行使乙公司认为，甲公司的违约行为已构成根本违约，有权解除合同。
甲公司则认为，合同解除权应严格依照法律规定行使，乙公司无权单方面解除合同。
三、法律分析1. 交货期限延误的责任归属根据《联合国国际货物销售合同公约》（以下简称《公约》）第76条的规定，当事人一方如因其不履行义务而使另一方蒙受损害，则应负赔偿责任。
在本案中，甲公司未能按时交货，构成违约。
至于不可抗力，根据《公约》第79条的规定，当事人一方因不可抗力而免除责任，必须证明该不可抗力阻止了合同的履行，且该当事人无法预见、无法避免、无法克服。
在本案中，甲公司未能提供充分证据证明不可抗力的存在，因此不能免除其违约责任。
2. 违约金的计算方法关于违约金的计算，根据《公约》第84条的规定，违约金应当合理。
在本案中，乙公司要求甲公司支付违约金，但甲公司认为违约金过高。
根据《公约》的规定，当事人一方在支付违约金后，仍应履行其未履行的义务。
因此，法院应结合实际情况，综合考虑合同约定、违约程度、损失等因素，确定合理的违约金数额。
国际商法案例分析
CASE 2-5
ACSYNGO v. COMPAGNIE DE
一、当事人
原告：syndicate ACSYNGO
被告：Compagnie de Saint-Gobain (CSG)
二、案情简介
1982年，法国拥有国有股票在CSG。
而且CSG拥有略多于一半的比利时GSR的股票。
CSG的股东股价形成了一个集团国有化的财团ACSYNGO,ACSYNGO在比利时声称它(而不是CSG)应该一半的主人利益是GSR的。
比利时股东(ACSYNGO)认为,他们应该保留所有权在GSR,防止错误的域外效力的法国法令。
法院裁定,如果公平和适当的补偿已经支付,国有化法令的一个国家能够在另一个国家产生影响。
三、判决结果
法院裁定,如果公平和适当的补偿已经支付,国有化法令的一个国家能够在另一个国家产生影响。
四、案件争议焦点
1.一个外国国有化法令是非法的吗？（如果它有治外法权的效果）
2.国有化法令是合适的还是歧视性的？
3.是否国有化法令违反了比利时的公共政策？
五、判决理由
公平市场价格支付。
唯一的歧视是在经济领域。
一个股东收到足够的补偿会背信弃义来调用Spaltgesellschaft理论。
这将违反公共政策， GSR分离从CSG集团,因为这将减少它的价值来伤害它的比利时股东。
六、案情分析和结论
征收或国有化是一国政府对外国人财产的剥夺行为。
西方国家认为，征收应当是为了公共利益之目的而实施的，国家应当给予及时、充分、有效的补偿。
如果公平和适当的补偿已经支付,国有化法令,一个国家可以有域外效力在另一个国家。
- 1、下载文档前请自行甄别文档内容的完整性，平台不提供额外的编辑、内容补充、找答案等附加服务。
- 2、"仅部分预览"的文档,不可在线预览部分如存在完整性等问题,可反馈申请退款(可完整预览的文档不适用该条件!)。
- 3、如文档侵犯您的权益，请联系客服反馈,我们会尽快为您处理(人工客服工作时间：9:00-18:30)。
国际商法期末考查—案例分析课程名称：国际商法学期：2013-2014（2）班级：姓名：学号：得分：Case Study 1Samir is walking down Princes Street one Saturday morning when he notices a very eye-catching display of sets of golf clubs in the window of Fairways, a well-known Edinburgh sports retainer. As Samir is a very keen golfer, he stops to pay more attention to the window display. Samir immediately notices that a set of golf clubs (by Japanese master craftsman Matsumoto) is priced at an incredible ￡150. He is astonished at the low price for the golf clubs and he immediately rushes into the shop where he heads straight for the cash desk so that he can purchase the goods. On reaching the cash desk, Samir is incredibly annoyed to be told by the (somewhat superior) sales assistant that some sort of mistake has obviously occurred. There is no way that the store would sell a set of Matsumoto golf clubs for a mere ￡150. The goods have been incorrectly priced and if Samir wishes to purchase the clubs he must pay ￡1,500 for them. Samir insists that Fairways has made him a definite offer and that he has now accepted that offer----- there is a legally enforceable contract between him and the store. The sales assistant is absolutely unimpressed by Samir‟s line of argument. Admittedly, it is often the case that Fairways will give customers goods which are wrongly priced for the price as it is marked on the ticket, but this is purely a gesture of goodwill. In this situation, the sales assistant is absolutely certain that her superior would be most unhappy if Samir was able toobtain the goods for the ridiculous price of ￡150. Samir begins to lose his temper and the other customers in the store are beginning to stop and stare at the disturbance. However, the sales assistant still refuses to sell the golf clubs to Samir for ￡150.Question 1: what is the price tag of the golf clubs in the window display called according to contract law theory? Is it an offer or invitation offer? Why?Question 2: Does Samir have a legally enforceable contract with Fairways for the purchase of Matsumoto golf clubs for ￡150? Why?Case Study 2On storming out of Fairways , Samir runs into an old friend, Susan, whom he agrees to meet for a meal at 7 o‟clock that evening at Shanghai Surprise restaurant. Susan rushes off to her favourite designer clothing store, Tiffany‟s Boutique, in order to p urchase an outfit for her night out with Samir. Susan spends nearly a ￡1,000 on her outfit from Tiffany‟s. As things later turn out, Samir will conveniently forget that he made arrangements to go out with Susan that evening. Susan is now determined to sue him for the cost of her new outfit, her taxi and the disappointment caused.Question 3:What are the chances of Susan being successful if she goes ahead andsues Samir for the cost of her new designer outfit, the cost of her taxi fare and the disappointment caused?Case Study 3On arriving home just before lunch-time, Samir plays back his telephone answer machine and hears a message from Dougie Campbell, the builder withdrawing his earlier offer to build a conservatory and patio for ￡1,000. Samir had e-mailed his acceptance of Campbell‟s offer several days previously. However, unknown to Samir, he mistyped Campbell‟s e-mail address and his acceptance never arrived at its intended destination.Question 4:Is Dougie Campbell entitled to cancel its offer to build a conserbatory and patio for Samir? Why?Question 5:If Samir had not mistyped Campbell’s e-mail address, is Dougie Campbell entitled to cancel its offer to build a conserbatory and patio for Samir? Why?Case Study 4Later on Saturday afternoon, Samir receives a call on his mobile from Stuart who offers to sell him his car for ￡4,500. Samir is very anxious topurchase the car, but in response to the offer he say to Stuart …I‟ll give you ￡4‟000 for the car. ‟ Stuart refu ses to bargain with Samir and tells him bluntly that the price is ￡4,500 if he wants the car. An hour later, Samir phones Stuart agreeing to pay ￡4,500, but he is somewhat shocked to be told by Stuart that he is no longer interested in dealing with him and that someone else is coming over to look at the car.Question 6:Can Samir insist that Stuart sell the car to him for ￡4,500? Why? Question 7:If Samir agrees promptly to pay ￡4,500 rather than trying to pay ￡4,000 for the car offered by Staurt, does there exist an enforceable contract between them, why?Case Study 5Seller agreed to ship 10,000 tons of potatoes FOB Tacoma, Washington, to Buyer in Japan. Buyer designated the SS Russet to take delivery at pier 7 in Tacoma. On the agreed date for for delivery, Seller delivered the potatoes to pier 7, but the ship was not at the pier. Because another ship using the pier was slow in loading, the Russet had to anchor at a mooring buoy in the harbor and Seller had to arrange for a lighter to transport the potatoes in containers to the ship. The lighter tied up alongside the Russet and a cable from the ship‟s boom was attached to the first container. Asthe container began to cross the ship‟s rail the cable snapped. The container then fell on the rail, teetered back and forth for a while, and finally crashed down the side of the ship and capsized the lighter. All of the potatoes were dumped into the sea. Buyer now sues Seller for failure to make delivery.Question 8:Who takes the risk of the loss of the potatoes in this case? Why?Case Study 6Buyer and Seller entered into a contract for the sale of sugar from the Philippines to New York on CIF terms. They added language to the contract that delivery was to be “at a customary safe wharf or refinery at New York, Philadelphia, or Baltimore to be designated by the Buyer.”Before the sugar arrived, the United States placed a quota on sugar imports. The sugar was not allowed to be imported and was placed in a customs warehouse. The Buyer refused the documents and the Seller sued, claiming that the import restriction was no excuse for the Buyer‟s non-payment. The Buyer argued that the language calling for delivery to a U.S. port converted a shipment contract into a destination contract. Question 9:Was this a CIF contract or a destination contract? Why?Question 10:What was the effect of the additional shipping language used by theparties?Question 11:Why should the parties not attempt to modify a trade term or add other delivery language?。