Global Marketing: Module 4

Identify a feature of code law.

It is usually divided into three separate codes: commercial, civil, and criminal.

Which type of marketing research is focused on domestic operations?

Specific marketing information used to make decisions about the marketing mix.

U.S. law may conflict with the economic or political aims of a host country when _______.

the U.S. government restricts joint ventures in a foreign country due to concerns over anticompetition laws

A general or a validated export license is given to products exported from the United States depending on the _____. (Check all that apply.)

type of product destination of the product end user of the product

piracy

the unauthorized use or reproduction of another's work

counterfeit

(n.) an imitation designed to deceive; (adj.) not genuine, fake; (v.) to make an illegal copy

According to the European Patent Convention (EPC), trademark protection is forfeited if not used within _____ years.

5

Which of the following are NOT typically gathered as part of domestic market research, but are necessary in order to assess a foreign market?

A country's political stability; geographical characteristics; cultural attributes

Islamic Law

A system of laws, operative in some Arab countries, based on the Muslim religion and especially the holy book of Islam, the Koran.

World Intellectual Property Organization (WIPO)

An international organization for the protection of intellectual property. ; various multilateral treaties

In the first step of the research process, marketing researchers must deal with the challenges of

Converting vague or nebulous business problems into clearly defined research objectives

In the first step of the research process, marketing researchers must deal with the challenge of

Converting vague or nebulous business problems into clearly defined research objectives.

Once a marketing researcher has reviewed the internal sources of data, the next step in the research process involves

Defining the research problem and establishing specific research objectives

_____ allows an exporter to submit online requests for commodity classification to the Bureau of Export administration.

ERIC

common law

Early English law, developed by judges, which became the standardized law of the land in England and eventually formed the basis of the criminal law in the United States.

Identify the types of information collected by Unisys Corporation to make sound assessments of foreign markets

Economic and demographic information; review of the competitive situation; overview of market conditions; cultural, sociological, and political information; summary of the technological environment

A reason for the low level of reliability of secondary data is that

Fear of the tax collector affects reporting

Other than directly observing the market, how do most companies get their market research?

From internal marketing research staff; from trusted research vendors

Identify a difference between common law and code law.

In the context of performance of a contract, code law extends acts of God to include include unforeseeable human acts, whereas common law does not.

Which statement is true of Islamic law?

It addresses issues such as property rights and economic decision making.

Identify a function of the World Court.

It can settle disputes between governments.

Identify a feature of litigation.

It involves lawsuits in public courts.

Identify a true statement regarding the application of laws to e-commerce.

It is difficult to determine which country's laws apply in legal disputes between parties located in different countries.

Identify a feature of Islamic law.

Its dominant objective is social justice.

Inter-American Convention

Latin American countries and US

Which statement is true regarding Marxist-socialist tenets?

Law is subordinate to the state's specific economic conditions.

Commercial Legal System in Marxist-Socialist Economies or States

Marxist-socialist countries like Russia, Eastern Europe, China

Conciliation (aka mediation)

Method of nonbinding dispute resolution involving a third party who tries to help disputing parties reach a mutually agreeable decision; also known as mediation.

In foreign markets, marketing researchers...

Must often emphasize different kinds of information

How is the lack of comprehensive marketing/related data in some countries being addressed?

Private and public groups are funding the collection of this data

Identify the remedies available to American companies to combat violations of intellectual property rights.

Register IP with appropriate agencies in the host country. Negotiate and pursue alternative methods of resolving disputes. Notify the local authorities. Register a complaint with the U.S. government and World Trade Organization.

International marketing research ___

Requires information to be translated into languages that respondents can understand.

Which of the following is a problem associated with the availability of marketing data for foreign markets?

Researchers often do not know the language in which the data is available

_____ can give exporters authority to export goods with unconditional licenses.

STELA

A marketing researcher uses an academic paper written by a professor at the University of Connecticut to derive certain findings. The academic paper is a summary or several researchers' findings. In this case, the academic paper is a __________ data source.

Secondary

Which statement is true regarding conciliation?

Sessions between the parties and the mediator are private and confidential.

What are the three types of market research?

Specific market information used to make decisions about the marketing mix; general information about a country, area, and/or market; information necessary to forecast future marketing requirements

Which of the following information is useful to include in an arbitration clause? (Check all that apply.)

The number of arbitrators The place of arbitration The language to be used during arbitration

Prior Use

The principle, as observed in the US and other common-law nations, that ownership of intellectual property rights usually goes to whoever can establish first use.

Why is the first step of the research process essential in foreign markets?

The unfamiliar environment tends to cloud problem definition

Which of the following statements is true?

There is no judicial body to address commercial disputes between citizens of different countries.

In international legal disputes, in which ways is jurisdiction is determined? (Check all that apply.)

Through contract clauses stipulating jurisdiction Based on the country in which the contract was entered into Based on where the obligations of the contract were completed

The first step of the research process is especially important in foreign markets because researchers tend to

Treat the problem as if it were their home environment; underestimate the influence of local culture on a problem.

Antiboycott Law

U.S. companies are forbidden to participate in any unauthorized foreign boycott; furthermore, they are required to report any request to cooperate with a boycott.

The extraterritoriality of U.S. laws can cause disputes when _______.

U.S. law conflicts with the economic or political interests of a host country

Countries with most heavy legal system from high to low

USA, UK, Japan, China

Shari'ah

_____ is the Arabic term for Islamic law.

Trade-Related Aspects of Intellectual Property Rights (TRIPS)

a major provision of the world trade organization ; most comprehensive multilaterial agreement on intellectual property to date.

code-law system

a system in legislative law that reflects the core principles of the government system

sweden

banned all TV advertisment to children in 1991

The use of an independent third party to render a judgment that both disputing parties agree to honor is known as the ______procedure.

arbitration

Cybersquatters (CSQs)

buy and register descriptive nouns, geographic names, names of ethnic groups and pharmaceutical substances, and other similar descriptors and hold them until they can be sold at an inflated price

An investment in a _____ is prohibited under Islamic law.

casino

_____ law is based on the previous decisions of higher courts as applied to the same or similar circumstances.

common

_____ is a legal system that comes from English law and is practiced in England, the United States, and Canada.

common law

Unlike common law, code law is _____.

considered complete as a result of catchall provisions found in most code-law systems

The Export License Application and Information Network is an electronic service that enables exporters to:

enables exporters that have authorization to submit license applications via the internet for all commodities except supercomputers to all free-world destinations

European Patent Convention (EPC)

established a regional patent system allowing any nationality to file a single international application for a European patent

Patent Cooperation Treaty (PCT)

facilitates the process for application for patents among its member countries

Green Marketing Legislation

focus on environmentally friendly products and product packaging and its effect on solid waste management; Germany introduced

leasing

ijara

Paris Convention for the Protection of Industrial Property

includes the US and 100 other countries

The Commerce Control List (CCL) _____.

indicates whether an item is eligible for export

Unlike code law, common law _____.

is not all-inclusive

Antitrust enforcement protects American consumers by _____.

making sure that they have access to the products and ideas of foreign and domestic competitors

In the context of international dispute resolution, the conciliation process _____.

may not use statements made by the parties as evidence in any other legal proceedings

cost-plus sale

murabaha

The Export Administration Regulations (EAR) focus on a specific set of goods in order to protect U.S. _____.

national security

Under code law,

ownership is established by registration

Under common law,

ownership is established by use

Islamic law _____.

prohibits the receipt and payment of interest

antitrust enforcement

protect american consumers so they benefit from ideas and ; protect american export and investment opportunities against privately owned restrictions

In Islamic law, profiting from excess interest or usury is known as

riba

Arbitration

settling a dispute by agreeing to accept the decision of an impartial outsider

registration

the first to register a trademark or other property right is considered the rightful owner

Roman Law; civil law

the law code of the ancient Romans, which forms the basis of civil law in many countries today - Germany, Japan, France

litigation

the process of taking legal action, lawsuit