legal systems, commercial law, green marketing, anti trust laws, cyber laws, marketing laws, intellectual property rights

1. Bases for the legal systems
According to Madhuku (2010) law
refers to rules and negotiations that
govern human conduct or other
societal relations and are
enforceable by the state
Cateora postulates that there are
major legal systems for the
world, that include

2. Common law
Which is derived from English law and found in
England, the US, Canada and other countries
once under English influence
Civil or code law
Derived from Roman law and found in
germany, japan, france and in non Islamic
and non Marxist countries

3. Islamic law
Derived from the interpretation of the Koran
and found in Pakistan, Iran, Saudi Arabia and
other Islamic states
Commercial legal system in the Marxist –
socialist economies of Russia and the
republics of the former Soviet Union, Eastern
Europe, China, whose legal system is based on
the economic, politics and social policies of
the state

5. Jurisdiction in international legal
disputes
The court has a dual jurisdiction
Jurisdiction in contentious cases
Disputes of legal nature that are submitted to
it by states
Advisory jurisdiction
It gives advisory opinions on legal questions at
the request of the organs of UNs or
specialized agencies authorized to make such
a request

6. Def: the competence of a court
• To hear and decide a case
• Juristic act –an action intending to and
capable of having, a legal effect such as the
creation, termination or modification of a
legal right.
• Basics
• In a typical legal dispute arising from an
international trade transaction

7. Questions that may arise
Which country’s courts should have
jurisdiction to try the dispute
Which country’s laws should be applied to
resolve the dispute
Whether any foreign judgment obtained
abroad might be enforceable in the home
country

8. Protection of intellectual property
rights: a special problem
According to WTO (1995) intellectual property
refers to the copyrights and related rights ,trade
marks, patents, industrial designs and trade
secrets. WTO noted that Intellectual Property
should be protected so as to benefit inventors
and creators.
The agreement on Intellectual Property right
(TRIPS) came into existence after the formation of
WTO on 1 Jannuary 1995, but the negotiations
started on the Uruguay round of 1986-94

9. TRIPS requires that all countries should honor
other countries’ patents, copyrights and
trademarks therefore countries should honor and
protect Intellectual property of other nations
Lindert and Pugel (1996) , are becoming a special
problems because of wide spread practice of
copying or pirating innovating firms products
without getting, and paying for a license to use
their innovations.

10. Commercial laws within countries
• Dfn-Law governing business
operations of firms and
organisations.
 Treating / dealing with others the way
you that you would like to be treated or
dealt with. (Shul, NT -2004)
 Existence – as man himself. Babylonian
Era / Sumerian- codified and enforced
 Artifacts dating over 6000 years old
reveal that the system was so complex.
 Evolution
 The principles , maxims and precepts of
commercial law are eternal and
unchangeable (Shul, NT -2004)
 League of Nations –Hague convention
1964- codified the sales law i.e. The
Uniform Law on International Sale of
Goods.
 Harmonising Comm. Law- Free Trade;
Financial stability of Major Markets –
avoidance of systematic risk –Domino
effect
Commercial law
Marketing
laws
Anti trust
laws
Green
marketing
legislation

11. Marketing laws
MNC’s must comply with different marketing laws
Health sensitive nations- clear labeling, quality prdcts.
discrepancies across markets cause problems for trade
negotiators
They include
promotion, labeling,pricing, distribution channels/place
Sales Promotion Regulations Diversity
In Austria, premium offers, free gifts, or coupons are considered
as cash discounts and are prohibited
Premium offers in Finland are allowed as long as the word free is
not used
French law permits sales only twice a year, in January and
August
ADVERTISING REGULATIONS
Health lawsuits-the effects of a product has to be mentioned
Ethical adverts-Nudity and culture consideration (avoid artwork
and message blunders)-end up normalising the abnormal or
playing with sacred items
There often are vast differences in enforcement and
interpretation among countries having laws covering the same

12. Practices that are legal in one country may not be legal in another.
National identification with a product may also be protected under marketing law in some countries
ZIMBO
MARKETERS NEED TO ALWAYS CHECK ON LAWS BCZ IT IS SUBJECT TO CHANGE
September 2010: Brenda Wood Kahari, BW Kahari Law Offices reports that by statutory instruments, Nos. 152 and
153, published in the Government Gazette, two important Acts related to intellectual property were brought into
operation on 10 September 2010:
Intellectual Property Tribunal Act (No. 5/2001) -a special court set up to handle civil disputes related to intellectual
property.
Trade Marks Amendment Act (No. 10/2001) This Act amends the current Trade Mark Act (Cap. 26:04) to bring it into
compliance with TRIPS.
African Regional Intellectual Property Organisation (ARIPO).
Commercial Law
Competition Act (Ch 14:28)
Control of Goods Act (Ch 14:05)
Export Processing Zones Act 14:07
Hire Purchase Act (Ch 14:09)
Liquor Act (Ch 14:12)
Merchandise Marks Act (Ch 14:13)
Second Hand Goods Act (Ch 14:16)
Traditional Beer Act (Ch 14:24)

13. GREEN MARKETING
It is about
• Doing business in ways that are friendly
to the natural environment
• Environmental lobbyists and
governments are pressuring the
Multinational corporations to become
more ‘green’ for natural environment
protections(Greenpeace, 2012).
• Rainforests - destruction
• Recycling
• Diapers in zimbabwe
• environmental awareness among
consumers provides firms with a
significant opportunity to position
themselves as ‘green’ to garner customer
loyalty (National Pollution Prevention
Centre for Higher Education, 1995)
• Zimbabwe there is EMA
It includes:
• industrial pollution,
hazardous waste disposal,
• rampant deforestation
• Public smoking and drinking
• Go –Green targets and
action plans
• Carbon taxes charge
increase on defaulters

14. Some organisations hide behind going
green

15. Anti-trust Issues
• Originated in America in late
20th C
• Antitrust enforcement protects
consumers from actions that
restricts competition
• e.g. The restriction of the China
Unicom and China telecom
major in the USA in 2008.
Which ones?
• Antimonopoly,
• price discrimination,
• supply restrictions, and
• full-line forcing are areas
which lead to less
competition and higher
prices for consumers –
hence not allowed

16. CYBERCRIME
DEFINITION
•Cybercrime refers to all the
activities done with criminal intent
in cyberspace or using the
medium of Internet.
•These could be either the criminal
activities in the conventional sense
or may be activities newly evolved
with the growth of the new
medium.

17. Cyber Crimes

18. Common scenarios in
Cyber Crime
Unauthorized access: This occurs when a user/hacker
deliberately gets access into someone else’s network
either to monitor or data destruction purposes
Denial of service attack: It involves sending of
disproportionate demands or data to the victims server
beyond the limit that the server is capable to handle and
hence causes the server to crash
Virus, Worms and Trojan attacks: Viruses are
basically programs that are attached to a file which then
gets circulated to other files and gradually to other
computers in the network. Worms unlike Viruses do not
need a host for attachments they make copies of
themselves and do this repeatedly hence eating up all
the memory of the computer. Trojans are unauthorized
programs which functions from inside what seems to be
an authorized program, thereby concealing what it is
actually doing.

19. Email Bombing It refers to sending a large
number of emails to the victim resulting in
the victim's email account (in case of an individual) or
mail servers (in case of a company or an email
service provider) crashing
Internet Time Thefts This connotes the
usage by an
unauthorized person of the Internet hours
paid for by another.
Web Jacking This occurs when someone forcefully
takes control of a website (by cracking the password
and later changing it). The actual owner of the website
does not have any more control over what appears on
that website
Theft and Physical damage of computer or its
peripherals This type of offence involves the theft of a
computer, some parts of a computer or a peripheral

20. CYBERCRIME IMPACT
ON IT
• Cybercrime adversely impacts various
activities in the electronic medium using
computers, computer systems and
computer networks
• Effect is not just destruction or adverse
impact on data.
• Cybercrimes also have the ability to
disrupt or damage computers, computer
systems and computer networks as also
data or information resident therein
• Cybercrimes directly inhibit e-commerce
and the free use of the Internet and
computers.

21. CYBERCRIME
CATEGORIES
• Cybercrimes can be
basically divided into 3
major categories being
Cybercrimes
–against persons
–against property
– against Government

22. NEED FOR CYBER LAWS
• TACKLING CYBER
CRIMES
• INTELLECTUAL
PROPERTY RIGHTS AND
COPYRIGHTS
PROTECTION ACT

23. CYBER CRIMES
• CYBER CRIMES AGAINST
PERSONS
eg ‘melissa’and ‘lovebug’
virus
• CYBER CRIMES AGAINST
PROPERTY
eg computer vandalism
• CYBER CRIMES AGAINST
GOVERNMENT
• eg ‘Al-Qaeda’

24. INTERNET AND ITS EFFECT
• 20% - 30% of Internet
pornography
consumption is by
children of ages 12 - 17.
• MySpace is being used by
predators to meet and
entice kids online.
• Specific marketing
strategies are being used
to attract children to
porn sites.

25. OFFENCES AND LAWS IN CYBER SPACE
• TAMPERING WITH
COMPUTER
DOCUMENTS
• HACKING WITH
COMPUTER SYSTEM
• PUBLISHING OBSCENE
MATERIAL ON
INTERNET
• BREACHING OF
CONFIDENTIALITY AND
PRIVACY

26. Real-world & Virtual- world
Current approaches evolved to
deal with real-world crime
Cybercrime occurs in a virtual-
world and therefore presents
different issues

27. International Disputes
resolutions
We have 4 methods in which marketers settle
disputes internationally
Negotiation, mediation, arbitration, litigation and
negotiation
• Negotiation
Def : it’s the most basic means of settling
differences. It is back and forth communication
between parties to the conflict with the goal of
trying to find a solution