The document discusses several key legal issues in international marketing including differences between common law and civil law systems, jurisdiction, extraterritoriality, ways to settle commercial disputes, and anti-bribery laws. It also covers intellectual property protections for trademarks, copyrights, patents, and trade secrets. Transparency International's Corruption Perceptions Index and Bribe Payers Index are mentioned as well in assessing business ethics across countries.
The document discusses several key legal issues in international marketing including differences between common law and civil law systems, jurisdiction, extraterritoriality, ways to settle commercial disputes, and anti-bribery laws. It also covers intellectual property protections for trademarks, copyrights, patents, and trade secrets. Transparency International's Corruption Perceptions Index and Bribe Payers Index are mentioned as well in assessing business ethics across countries.
The document discusses several key legal issues in international marketing including differences between common law and civil law systems, jurisdiction, extraterritoriality, ways to settle commercial disputes, and anti-bribery laws. It also covers intellectual property protections for trademarks, copyrights, patents, and trade secrets. Transparency International's Corruption Perceptions Index and Bribe Payers Index are mentioned as well in assessing business ethics across countries.
The document discusses several key legal issues in international marketing including differences between common law and civil law systems, jurisdiction, extraterritoriality, ways to settle commercial disputes, and anti-bribery laws. It also covers intellectual property protections for trademarks, copyrights, patents, and trade secrets. Transparency International's Corruption Perceptions Index and Bribe Payers Index are mentioned as well in assessing business ethics across countries.
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Legal Issues In
International Marketing Overview of Legal Systems
Common law system
– Relying on precedents and conventions – E.g., USA, UK, Canada, India Statute law system – Code or civil law system – Main rules of law embodied in legislative codes – Japan and most continental European countries Jurisdiction
territorial range of authority
a court's legal power to hear a case Extraterritoriality
a country's or court's application of national
laws beyond its border – E.g., USA and Foreign Corrupt Practices Act – E.g., Belgium’s universal jurisdiction How to Settle Commercial Disputes
OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions Foreign Corrupt Practices Act (FCPA) Bribery is "the use of interstate commerce to offer, pay, promise to pay, or authorize giving anything of value to influence an act or decision by a foreign government, politician, or political party to assist in obtaining, retaining, or directing business to any person." Types of Payment - Permissible: expediting payments to low-level officials who exercise only "ministerial" or "clerical" functions - Illegal: payments to an official exercising discretionary authority Bribery: Ethical Dimension
Morality as a function of culture
Corporate strategies – Codes of conduct – Sensitization of ethics in managers through training and education – Ethics audit Transparency International
Corruption Perceptions Index (CPI)
Bribe Payers Index (BPI) Intellectual Property "creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce" Trademark Copyright Patent – Functional patent – Design patent Trade Secret Intellectual Property Trademark - symbol, word, or thing used to identify a product made or marketed by a particular firm Copyright - protection given to an author or artist for literary, musical, dramatic, and artistic works Patent - invention of a scientific or technical nature Trade secret - know-how that is kept secret within a particular business - e.g., manufacturing methods, formulas, plans