Gray marketing and unfair competition

With the European Court of Justice's (ECJ) relaxation of the definitions of cartels, price controls, and market manipulation in July 1998, the Court effectively banned the import of gray goods into the EU. This judgment, restricting parallel importation, raises arguments amongst trademark owners, gray marketers, and consumers. First of all, has the ECJ's judgment connived a situation of unfair competition? Secondly, can the import of gray market goods with genuine trademarks be considered a trademark infringement? Thirdly, is a gray marketer a free rider? To provide the answers to these questions, there is need to investigate the relationships of parallel importation, trademarks and market competition. In this study, the author uses a price dominant model to determine the positions of the trademark owner and the gray marketer. This study finds that parallel importation does not contravene trademark law. In the spirit of free competition, gray marketing activities can develop a situation of fair competition in which social welfare increases. Given the existence of heterogeneous preference of consumers, authorized distributors should offer better levels of service to gain market share. Therefore, the author strongly supports a parallel importation policy.     

On the performance of the foreign subsidiaries of Korean banks: are securities investments really profitable?

This study, by focusing on the securities investments of Korean banks’ foreign subsidiaries, analyzes the background of the increase in those securities investments, the present situation, and the influence of securities investments on performance. The major sources of income for Korean banks’ foreign subsidiaries are composed of loans, foreign exchange activities, and securities investments. However, as loans and foreign exchange activities are not profitable because of high funding costs, tighter supervision in host countries, competition among the Korean banks, and the concentration of exports and imports on specific countries, the foreign subsidiaries of Korean banks have increased the weight of their securities investments. The results of this analysis reveal that securities investments affect negatively on the performance of Korean banks’ foreign subsidiaries, and it strongly suggests that the foreign subsidiaries of Korean banks—short on credit, size, technology, experience, and networking—need more preparation for financial globalization.     

企业商标国际注册研究——以上海冠生园集团“大白兔”奶糖商标为视角

开展商标国际注册已经成为中国企业保护自身知识产权的一项重要战略。在当今国际市场走出去和引进来的外贸格局下,如何有效地进行商标国际注册,是我国外向型企业要考虑的问题。上海冠生园集团有限公司成功运用商标国际注册战略,抢占先机,形成商标立体保护体系,但仍有需要改进和探索之处。     

略论我国未注册驰名商标保护中的国际私法问题

我国商标法对在我国境内未注册的驰名商标提供保护,由此而产生了有关于商标权成立、驰名商标的确认、商标许可使用合同与商标侵权等法律冲突与司法管辖权冲突问题。目前我国解决涉外合同、侵权的国际私法规则并不能适用于对未注册驰名商标保护这一特殊制度。因此,亟需根据未注册驰名商标保护的特殊性、有关问题法律冲突与管辖权冲突的特殊性来制定针对性的国际私法规范,以确定有相当合理性的准据法,从而使得我国的未注册驰名商标特殊的保护制度得以良性施行。     

Main issues in the regulation of licence arrangements on foreign trademarks: The Latin American experience

The licensing of foreign trademarks has become an issue of concern for a majority of Latin American governments during the last decade. The impact of such arrangements on the balance of payments, the growing dependence of licensees vis-à-vis the licensor, and the risks involved in the development of new markets through the use of licensed trademarks have, among other reasons of public policy, led to the adoption of a number of regulatory measures. These range from the control of restrictive practices, the price and duration of such arrangements, to the direct limitation of the use of foreign trademarks. The implementation of these measures, however, has encountered serious obstacles and, in some cases, has not achieved their declared aims. Therefore, the appropriate regulation of licensing on foreign trademarks is, to a great extent, still an unresolved issue.     

驳气味商标不宜保护论

作为非传统新型商标，气味商标具有非可视化、有特殊味道和容易变化等特征。中国《商标法》应当保护气味商标，气味商标的法律保护空白不应当继续出现。中国新修版《商标法》对气味商标保持怀疑的观望态度，美国和欧盟都存在气味商标合法注册的成功案例。中国国内有学者针对现实状况提出气味商标不宜保护论，然而这种论断显然是不合理的，气味商标的保护已有良策。应紧跟时代的步伐，扩大《商标法》的保护范围。     

东道国社会信任能降低企业跨国经营的不确定性吗?——以海外子公司所有权结构设计为例

理解东道国制度环境并选择与之相适应的管理方式对企业跨国经营获得成功具有重要影响。现有文献侧重于分析东道国规制制度和认知制度对企业跨国经营的影响,对规范制度研究较少。基于来自世界价值观调查的东道国社会信任数据以及中国上市公司2009—2018年在海外设立的6 921个子公司的数据,本文探讨规范制度的核心维度——东道国社会信任如何影响中国企业对海外子公司的管控。本文提出东道国外群体社会信任和内群体社会信任影响企业跨国经营所面临的交易成本和不确定性,进而影响母公司对海外子公司的持股水平。此外,文化距离和母公司跨国经验是东道国社会信任效应的重要边界条件。本文通过揭示东道国社会信任影响海外子公司管控的理论机理,不仅增进了人们对于规范制度及其对企业跨国经营战略的影响的认识,还对企业评估东道国规范制度环境、科学地设计海外子公司的所有权结构具有启示意义。     

论驰名商标的法律保护

我国关于驰名商标保护的法律规定和司法实践还不够成熟,学术界的观点也意见不一。鉴于此,借鉴国外驰名商标法律保护的理论与实践,并结合我国的实际情况,提出完善我国驰名商标保护法律制度的某些建议,以使驰名商标得到更全面更系统的法律保护。     

Foreign entry and domestic welfare

Foreign Entry and Domestic Welfare. — This paper discusses the consequences for domestic welfare of entry by foreign firms into a domestic market. A simple Bertrand model with differentiated products and a Cournot model with homogeneous goods are investigated and it is shown that welfare is non-monotonic in foreign entry in both cases. A “little” entry is harmful but a “lot” is beneficial. It is shown that this depends on the number of domestic firms in the industry.     

国际投资保护对我国企业对外直接投资的影响——基于海外子公司视角的实证研究

在逆全球化态势下，以限制外资为动机的国际投资保护在全球范围内蔓延，影响了跨国投资的可持续发展。文章基于海外子公司视角考察国际投资保护对我国企业对外直接投资的影响，通过匹配国泰安《海外直接投资数据库》和OECD《外资限制指数》数据库开展微观层面的实证研究，得出以下结论：①国际投资保护在总体上不仅降低了我国对外直接投资企业海外子公司的经营效益，还降低了母公司对海外子公司的持股比例；②国际投资保护对海外子公司的不利影响具有异质性，发达国家国际投资保护的不利影响大于发展中国家，国有企业海外子公司因国际投资保护遭受的不利影响更大；③国际投资保护会通过削弱海外子公司从东道国技术溢出中获取的收益而产生间接不利影响；④母公司拥有更多海外背景高管和对东道国的文化输出分别是调节国际投资保护对海外子公司负面影响的微观和宏观因素。文章的研究意味着国际投资保护会危害我国对外直接投资企业海外子公司的正常经营，因而应对国际投资保护是实现我国对外直接投资可持续发展的迫切需要。     

Trademarks in Nigeria

Nigerian trademarks reflect the basic principles of market economy, embodied in the Paris Convention of 1883, which had the effect of integrating the underdeveloped economies in those of the developed capitalist countries. Emphasis is laid on the protection of private property rather than of consumers or the national interest at large. While attempts are being made to deal with some of the worst aspects of trademarks, the mixed economy philosophy is likely for a very long time to lead to both psychological and economic dependency as well as cultural distortion. Greater government participation and correct political orientation are imperative if trademarks are essentially to serve basic local needs.     

Patents and trademarks in pharmaceuticals

While the role of patents and trademarks in reinforcing the market power of TNCs operating in the pharmaceutical industry is beyond doubt, the possibilities of reducing such market power through public policies dealing with industrial property in developing countries are less clear. Evidence on policies aimed at eliminating or weakening patent rights, and/or at promoting the use of generic names instead of trademarks for pharmaceuticals is examined. It is concluded that these policies are a necessary but not a sufficient condition for modifying the current market structure of the pharmaceutical industry in developing countries.     

The need to establish a policy restricting the use of foreign trademarks in developing countries: The case of Mexico

The paper shows some of the negative effects of the use of foreign trademarks in the developing countries, taking into account the experience in Mexico. It also refers to the enactment of the new Law on Inventions and Trademarks as a response to the problems arising from that use. It contains statistical data concerning the licensing agreements registered in the Mexican Registry for the Transfer of Technology, which demonstrate the importance of the use of foreign trademarks, its cost and the type of restrictive business clauses that those agreements include.     

服装商标翻译的文化差异及翻译策略

随着经济全球化进程的加速,商标的英汉互译日益显示出其重要性,而服装商标的翻译是决定服装在国际市场上营销成败的关键因素之一。本文通过个案分析探讨服装商标翻译问题,分析了服装商标中的文化差异主要表现在审美心理和风俗习惯等方面,并总结了四种适用于服装商标的翻译策略,即音译法、直译法、意译法、混合译法。     

Motives for Japanese DFI Survey,analysis, and implications in light of the Asian crisis

This paper assesses the motives for Japanese outward direct foreign investment (DFI), drawing on a comprehensive private-sector survey (Toyo Keizai) of parent companies of foreign subsidiaries. It shows that the motivations behind Japanese DFI outflows are many and varied, with “securing market share” constituting the most salient motivation. DFI as a means of avoiding trade frictions is relevant only in developed countries in five industries, including transportation equipment, machinery, and electronics. Motivations are found to differ between developed and developing host economies, as expected.JEL classification: F2     

Dual Exchange Markets for Countries Facing Financial Crises

In dual exchange markets there is an exchange market for capital transactions separate from the foreign exchange market for current transactions. Developing countries experiencing financial crises should avoid both a substantial decline in the exchange value of their currency and a reduction of their imports to the point at which their production and consumption of essentials are grossly impaired. It is suggested that a temporary system of dual exchange markets will prevent capital outflow from reducing foreign exchange for imports of goods and services. Both markets should be free of exchange controls except those needed to maintain separation of the markets.     

U.S. Distribution Entry Strategy of Japanese Manufacturing Firms: The Role of Keiretsu

This article identifies the determinants of three modes of foreign market entry into distribution activities—arm's-length contracts, joint ventures, and wholly owned subsidiaries—and assesses the impact of unique institutional structures on the decision. We examine 310 Japanese manufacturers' entries into the U.S. market and find evidence that keirestu affiliation significantly increases the likelihood that contracts are chosen, suggesting common keiretsu membership by manufacturers and general trading companies mitigates agency problems in contractual delegation of foreign distribution activities. Regading the choice between joint ventures and wholly owned subsidiaries, relaxed capital and information constraints increase the likelihood that keiretsu firms establish wholly owned subsidiaries. J. Japan. Int. Econ., March 2000, 14(1), pp. 43–72. Anderson Graduate School of Management, University of California, 110 Westwood Plaza, Los Angeles, California 90095-1481; A. T. Kearney, 222 West Adams, Chicago, Illinois 60606 Copyright 2000 Academic Press.Journal of Economic Literature Classification Numbers: E23, L22, L14.     

The economic benefits and costs of trademarks: Lessons for the developing countries

Trademarks may be credited with social benefits to the extent they identify quality for consumers. In particular, trademarks may reduce purchase errors and the costs people bear when attempting to avoid errors. However, several forms of social costs are associated with trademarks when trademarks (and the persuasive advertising promoting them) provide the sole or major source of quality identification for the product, and when grants of exclusive use to particular product sources protect the goodwill (or monopoly) rents that attach to trademarks. To maximize benefits and minimize costs, it is suggested that identification of quality and source be separated wherever possible.     

Agricultural Exports: Important Issues for Sub‐Saharan Africa

Abstract: The central argument of this paper is that African countries stand to benefit more from the goodwill currently being shown by industrialized countries who have committed themselves to further opening up of their markets for commodities from the region. However, more needs to be done by African governments and the international community if these benefits are to trickle down to the African farmers and result in attaining the goal of poverty reduction. This paper identifies the issues that need to be addressed by all parties involved. At the macro level, our results find that the distortion in the macro environment is a major factor hindering African exports. At the micro level, our results show that for farmers to benefit from the opening up of the international market, they would need more access to market information, easier road access to the markets for both their output and inputs, improve their farming techniques by utilizing modern scientific farming methods and inputs, and to increase their productivity. At the international level, our study finds strong results indicating that foreign tariff rate, price support (PNAC) and standards act as a market barrier to African agricultural exports.     

Employment in domestic plants and foreign affiliates: A note on the elasticity of substitution

Conclusions For a high-wage country like Austria, it is commonly expected that growing employment in foreign affiliates substitutes jobs at home. This paper provides a simple framework for estimating the determinants of relative labor demand (abroad in relation to that at home) bilaterally. It is based on the relationship of (dis)economies and transportation costs under the hypothesis that goods trade is an imperfect substitute for foreign production in the case of horizontal investments, while with respect to vertical investments, goods trade is solely dependent on relative market size. The estimates are based on bilateral industry-level data on foreign affiliates and the domestic activities of Austrian manufacturing firms, covering the period 1990–1996, the 10 most important host countries and 7 industrial sectors.