Marketing bán hàng - Chapter 5: Legal environment

Chapter 5Legal Environment Chapter OutlineMultiplicity of Legal EnvironmentsLegal SystemsJurisdiction and ExtraterritorialityLegal Form of OrganizationBranch vs. SubsidiaryLitigation vs. Arbitration Chapter OutlineBribery- Legal Dimension- Ethical DimensionIntellectual Property- Categories of Intellectual Property- Legal Rights and RequirementsLegal SystemsCommon law systemRelying on precedents and conventionsE.g., USA, UK, Canada, IndiaStatute law systemCode or civil law systemMain rules of law embodied in legislative codesJapan and most continental European countriesJurisdiction territorial range of authoritya court's legal power to hear a case Extraterritoriality a country's or court's application of national laws beyond its borderE.g., USA and Foreign Corrupt Practices ActE.g., Belgium’s universal jurisdictionHow to Settle Commercial DisputesNegotiationArbitrationLitigationBribery: Legal Dimension Foreign Corrupt Practices Act (FCPA) OECD Convention on Combating Bribery of Foreign Public Officials in International Business TransactionsForeign 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 DimensionMorality as a function of cultureCorporate strategiesCodes of conductSensitization of ethics in managers through training and educationEthics auditTransparency InternationalCorruption 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" TrademarkCopyrightPatentFunctional patentDesign patentTrade SecretIntellectual Property Trademark - symbol, word, or thing used to identify a product made or marketed by a particular firmCopyright- protection given to an author or artist for literary, musical, dramatic, and artistic worksPatent - invention of a scientific or technical natureTrade secret - know-how that is kept secret within a particular business- e.g., manufacturing methods, formulas, plans