Professor Patrick Yanez
1
IN312 International Trade
Chapter 5
Illegal and Unethical
Department of International Trade & Marketing (ITM)
http://www3.FITnyc.edu/ITM
Illegal
and
Unethical
Trade Activities
Illegal & Unethical Trade Activities
- Violations of Customs compliance
- Functions of customs
- Illegal transshipments
- Country of origin
- Employment of undocumented immigrant workers
- Human trafficking
-
Sweatshops
Patrick Yanez
Sweatshops
- Intellectual property rights
- Trademarks infringement
- Licensing contracts
- Counterfeiting and anti-counterfeiting in textiles and apparel
Copyright "©" – gives creator of an original work exclusive rights to
it, usually for a limited time. It is "the right to copy", gives the copyright
holder the right to be credited for the work, to determine who may adapt
the work to other forms, who may perform the work, who may financially
benefit from it. Last between 50-100 years from the creator death, or a
finite period for anonymous or corporate creations.
Patent provides the right to exclude others from making, using, selling,
offering for sale, or importing the patented invention for the term of the
patent which is usually 20 years from the filing date
Patrick Yanez
patent
,
which
is
usually
20
years
from
the
filing
date
Trademark ®- - a badge of origin - typically comprises a name,
word, phrase, logo, symbol, design, image, or a combination of them. The
owner of a registered trademark may commence legal proceedings for
trademark infringement to prevent unauthorized use of that trademark.
Trade Secrets
Some sort of information that:
1) is not generally known to the relevant portion of the public
2) confers some sort of economic benefit on its holder (where this benefit
must derive specifically from its not being generally known, not just from
the value of the information itself)
3) is the subject of reasonable efforts to maintain its secrecy.
Patrick Yanez
• Trade secrets are not protected by federal law but by state laws.
• Most states have adopted the Uniform Trade Secrets Act (USTA).
(except MA, NY, NJ, NC, and TX)
• One of the most significant differences between patents and trademarks
and trade secrets is that a trade secret is only protected when the secret
is not disclosed.
