Professional Documents
Culture Documents
7
The International
Legal
Environment:
Playing by the
Rules
Global Perspective:
The Pajama Caper
Walmart
Introduction
No single, uniform
international commercial law
governing foreign business
transactions exists
International marketers must
comply with the laws of each
country within which it
operate
Protection of Intellectual
Property:
Counterfeiting and Piracy
Firms
Intellectual Property
Rights:
Inadequate Protection
There
is inadequate protection
from products being
counterfeited or pirated as
many countries do not
recognize trademarks and
patents registered in other
countries
Rights:
Prior Use vs.
Registration
In
International
Conventions
Many
countries participate in
international conventions designed for
mutual recognition & protection of
intellectual property rights
The
Patent Law
USA
Operates
Japan
under
first to invent rule
Protects individual
inventors
Patent applications
secret
Patents granted in up
to 24 months
Patents valid for 17
years from application
date issued
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
Cyberlaw: Unresolved
Issues
Existing internet law is vague or does not completely cover
such issues as the protection of domain names, taxes,
jurisdiction in cross-border transactions, and contractual
issues
The European Union, the U.S. and many other countries are
drafting legislation to address the myriad legal questions
not clearly addressed by current law
Laws being considered deal with Cybersquattersthose
who buy and register names and other similar descriptors
and hold them until they are sold at an inflated price
The collection of taxes on sale of products, i.e., when taxes
should be collected, where they should be collected, and by
whom, are all issues under consideration by countries
around the world
Cybersquatting
The
practice of registering a
domain name that is the
trademark of another person or
company
Cybersquatters
Taxes
A
Jurisdiction of Disputes
and
Validity of Contracts
Since
Green Marketing
Legislation
Multinational
Export Requirements
Although
Export Requirements
Products
Export Requirements
Four