国际市场营销 第七章.ppt

(1) Common law (2) Civil or code law (3) Islamic law (4) Marxist-socialist legal system The basis for common law is tradition, past practices, and legal precedents set by the courts through interpretations of statutes, legal legislation, and past rulings Code law is based on an all-inclusive system of written rules (codes) of law The Koran forms the basis for the Shari’ah (Islamic law) It includes issues such as property rights, economic decision making, and types of economic freedom Islamic law prohibits the payment of interest Prohibits investment in activities that violate the Shari’ah, e.g., business dealing with alcohol, gambling, and casinos With the collapse of communism, the former eastern bloc countries have developed a commercial legal system to engage in international commerce China and Russia differ as Russia is moving toward a democratic system, whereas China is attempting to activate a private sector within a multi-component or mixed economy, but their legal systems are still nascent Determining whose legal system has jurisdiction when a commercial dispute arises is another problem of international marketing. The World Court at The Hague and the International Court of Justice resolve international disputes between sovereign nations of the world rather than between private citizens. When international commercial disputes must be settled under the laws of one of the countries concerned, the paramount question in a dispute is: Which law governs? International disputes can be resolved by: Conciliation Arbitration Litigation Piracy and counterfeiting leads to lost sales from the unauthorized use of U.S. patents, trademarks, and copyrights Counterfeited pharmaceutical drugs can also lead death and bad publicity In the United States, a common-law country, ownership of intellectual property rights is established by prior use In many code-law countries, ownership is established by registration rather than by prior use A tradema