COMPANY AND INTERNATIONAL BUSINESS LAW
Cours : COMPANY AND INTERNATIONAL BUSINESS LAW. Recherche parmi 300 000+ dissertationsPar Tom Figueredo • 24 Mars 2020 • Cours • 525 Mots (3 Pages) • 636 Vues
COMPANY AND INTERNATIONAL BUSINESS LAW
15/05
Red beans case
- Question issue
- Law “ no one shall be permitted to profit from his won fraud or take advandtage of his wrong” - Contracts for illegal things and invalid
🡪 Case online
Exam:
Written word to submit
Case analysis
2 weeks to submit
Individual work
Another case :
Russian movie company
Conflict between two licenses of exclusive distribution rights to Russian films in the United States
The content is protected by copy right
Two licenses : one for the original distribution and one for the other languages distributions
Film dubbing (doublage), subtitles
So two different market
But people that are Russian only, they will buy the films and cut the dubbing themselves and sell the films
🡪 Violation of licenses
16/05
Diamonds : intellectual property – Apple
What you can license ?
- Trademark
- Patents
- Copyright
Big difference between trade and Licensing
When you sell licensing, you sell NOTHING
There is no tariff (douane d’importation seulement) between franchisees
MacDonald’s is trading nothing, but MacDonald’s is a franchisee
Franchisee is an idea and sells their ideas
Trade is more physical goods
Case: Dayan v. McDonald’s Corp
The first man wanted to implement macdonald in France
Dayan did not respect some requirements of the contract
Services cleanliness wasn’t respected, MacDonald’s from US stop the franchisee
Dayan sued MacDonald for that
His first reaction was: Deny totally
But McDonald’s hired people to check on the dirt – so there were evidences ! (dog shit, oil grease…)
What Dayan can do ?: make an appeal
But he has to find other arguments because too much evidences
“I didn’t know… it wasn’t such a big deal” 🡪 he attack McDonald : “I can deny but this is the fault of McDonald they are bad etc…”
🡪 But this is not the right thing to do
So Dayna loose
- Issue/Question : Had McDonald’s failed to fulfill obligation to assist plaintiff in complying with franchise agreement ?
Where do we find the rules? : IN THE CONTRACT
- Law: The law has to respect the question
We need a law about assisting, training about (here) cleaning
The contract says: Franchisors must assist franchisees
- Apply the rule to the facts : did MacDonald violate this rule or not ? does MacDonald did training about cleaning to Dayan
They sent a person to train / to assist, that speak French – That’s the evidence/proof, they fulfill the obligation
Business look at the law: is this was a big victory for McDonalds ? 🡪 NO
It stops their business in France, in ten year they had nobody to open a MacDonald in France
HP- first computer constructors
Why create a factory in France ? Because it’s cheaper to do computer in France than doing it in US and them export them
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