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TEST 2 Chapter 7
test2
29
Marketing
Undergraduate 3
03/25/2012

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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
International Law
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
Patent
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
Trademark
Definition
the portion of a brand (name, symbol, or both) that is given legal protection – cannot be copied
Term
Copyright
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
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