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Law And Mana > Session5 > Flashcards

Session5 Flashcards

1
Q

When a company wants to dynamite its sales 2 possibilities

A
  • distribution contract

- agency contract

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2
Q

Distribution contract

A

Contract based on sale: find companies which will be ready to buy its product to resell them

Sales of good contract + distribution contract

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3
Q

The one bearing the risk in the distribution contract

A

The distributor =wholesales, retailers

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4
Q

Agency contract

A

There are:
A principle

The representative

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5
Q

Representative

A

Selling on behalf of the principle

In charge of finding clients for the benefit of the principle (manufacturer)

Contract based on representation

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6
Q

The one bearing the risks in agency contract

A

Manufacturer

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7
Q

Diff between the eu and the us in terms of distribution contract

A

Companies have to set up a diff strategy in setting in the eu market or us market

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8
Q

Distribution network

A

Many distribution contracts

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9
Q

In europe distribution contract

A

Distributor = economic entity diff from manufacturer

—> not allowed for the manufacturer to impose prices for the resale to its distributor (free price policy)

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10
Q

If manufacturer wants to impose prices :

A

representation contract

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11
Q

When companies want to test a new market

A

Can use a self employed commercial agency contract : advice of the agent + take control of the price policy

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12
Q

Self employed commercial agency contract

A

Commissions on the sales

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13
Q

If the test is positive

A

Can decide to set up theor own unit

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14
Q

Eu legal order rules

A

Has an impact on the strategies developed by manufacturers

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15
Q

Common points betw distribution and agency contracts

A

Based on the will to promote the brand image

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16
Q

A trade mark

A

Not a warranty of quality

Diff from labels

Warranty of origin

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17
Q

Trademark

A

Recognisable sign

Can be bought sold and licensed

Distinctive legal moral available not deceptive

Competitive advantage

18
Q

State agency in charge of the registration of trade marks in fr

A

INPI

19
Q

Once registered

A

You receive a property right

20
Q

Brand image

A

Have an economic value

21
Q

Property right composed of

A
  • usus
  • fructus
  • abusus
22
Q

Usus

A

Exclusive right
Can prevent from using it
Legal monopoly on it

23
Q

Fructus

A

Can use it and decide to rent it to some ne

Can give license ask for royalties

I am the owner of the fruits generated by the pr

24
Q

Abusus

A

I can transfer the r poetry of the right
Sell it
Destroy it

25
Q

Duration of the protection of the legal monopoly attached to a trademark :

A

10 years

Can renew it

26
Q

The nice classification

A

1957
34 classes of product
11 classes of services

27
Q

Patentee

A

May sue anyone who use. Sell or import protected products

Protected from competition

Protection of rights

28
Q

Ipr

A

Provide exclusive rights to the inventors of that property who can protect it

29
Q

Several types of IPR

A

Patent
Copyright
Trademark

30
Q

Ipr important constituent of

A

The wto

31
Q

Brands trademarks are organised by

A

The Paris Convention 1883

32
Q

The berne convention

A

1886
Protection of literary and artistic works = protection of works and authors

The copyright will not be automatically available in countries that are not members of the bconvention

33
Q

License

A

Contract by which the licensor authorises the license to perform activities

34
Q

Wipo

A

World Intellectual Property Organization

Promotes innovation through an international intellectual property system

35
Q

Counterfeiting

A

Crime

36
Q

The exercise of ipr

A

Cam be limited by the free movement of goods

37
Q

Exhaustion of rights principle

A

Only in eu and the eea

Exclusive right is deemed in union law to be exhausted

38
Q

Article 34 TFUE

A

Quantitative restrictions on IMPORTS

All measures shall be prohibited betw memeber states

39
Q

Article 35 TFUE

A

Quantitative restrictions on EXPORT

40
Q

Diff between the existence and the exercise of the property right

A

Att 295 EC Treaty : the existence of IPR cannot be challenges

Exercise: can infringe the free movement of goods principle and free competition

Law And Mana (8 decks)

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