Chapter 24, 25, & 26

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40 Questions

Match the following historical practices with their purposes:

Makers of goods marking their products = To trace the origin and determine quality Medieval swords with identifiable symbols = To show craftsmanship Ancient Chinese pottery with marks = To indicate ownership None of the above = None of the above

Match the following forms of trademarks with their time period:

Symbols or pictures = Before the 20th century Words = After the 20th century Logos = Modern era Names = Middle ages

Match the following companies with their trademarks:

San Miguel Corporation = San Miguel Pale Pilsen with rectangular Hops and Malt design Cisco = iPhone Apple = iPhone Beer na Beer = Replica of SMC'S bottle

Match the following trademark disputes with their resolutions:

San Miguel Corporation vs Beer na Beer = Settlement over unfair competition Cisco vs Apple = Settlement over iPhone trademark Apple vs San Miguel = No resolution Beer na Beer vs Cisco = Ongoing dispute

Match the following trademark infringement cases with their descriptions:

San Miguel Corporation vs Beer na Beer = Unfair competition with replica bottle Cisco vs Apple = Dispute over iPhone name Beer na Beer vs San Miguel = Trademark infringement case Apple vs Cisco = Dispute over iPhone design

Match the following companies with their products:

San Miguel Corporation = Beer Cisco = Network equipment Apple = iPhone Beer na Beer = Beer

Match the following dates with their corresponding events:

October 4, 1890 = San Miguel Corporation started manufacturing beer September 12, 1988 = Beer na Beer launched with a replica bottle 2007 = Cisco and Apple settled over iPhone trademark Later part of 1980s = Trademark case involving beer bottle

Match the following terms with their definitions:

Trademark = A badge of public recognition in any form Unfair competition = Misrepresenting a product as that of the other Registered trademark = A trademark that can be used by anyone Badge of public recognition = A symbol of quality

Match the following concepts with their definitions:

Trademark infringement = Unauthorized use of a patented/copyrighted work Trade secrets = Confidential information about a company's inner structure Technology piracy = Unauthorized duplication of sound recordings Digital video recording = Recording video to local storage devices

Match the following terms with their characteristics:

Trade secrets = Skills and training acquired by an employee Personal skills/competencies = Information about a company's inner structure Loaded employee/officer = Someone with experience and skills Pirated employee/officer = Someone acquired for their trade secrets

Match the following concepts with their descriptions:

Digital video recording = Recording video to local storage devices Technology piracy = Unauthorized use of patented/copyrighted work Trade secrets = Confidential company information Trademark infringement = Unauthorized use of a trademark

Match the following concepts with their purposes:

Trade secrets = To gain a competitive advantage Technology piracy = To acquire copyrighted material illegally Trademark infringement = To use a trademark without permission Digital video recording = To record video to local storage devices

Match the following terms with their characteristics:

Pirate recordings = Unauthorized duplication of sound recordings Loaded employee/officer = Someone with experience and skills Trade secrets = Confidential company information Technology piracy = Unauthorized use of patented/copyrighted work

Match the following concepts with their forms:

Music piracy = Pirate recordings, etc. Technology piracy = Unauthorized use of patented/copyrighted work Digital video recording = Recording video to local storage devices Trademark infringement = Unauthorized use of a trademark

Match the following terms with their descriptions:

Trade secrets = Confidential company information Technology piracy = Unauthorized use of patented/copyrighted work Digital video recording = Recording video to local storage devices Pirate recordings = Unauthorized duplication of sound recordings

Match the following concepts with their motivations:

Pirating a loaded employee/officer = To acquire their skills and experience Technology piracy = To acquire copyrighted material illegally Trademark infringement = To use a trademark without permission Digital video recording = To record video for personal use

Match the types of music piracy with their descriptions:

Bootleg recordings = Unauthorized recordings of live concerts, or musical broadcasts on radio or television. Counterfeit recordings = Unauthorized duplication or original artwork, label, trademark, and packaging. Online piracy = Unauthorized uploading of a copyrighted sound recording and making it available to the public. Digital piracy = Unauthorized recording of the prerecorded sound.

Match the consequences of digital piracy with their descriptions:

Loss of profits = Marketers lose profits due to digital piracy. Negative word of mouth = Buyers are duped into buying cheap products with designer labels. Brand equity loss = Marketers risk losing brand equity due to digital piracy. Reduced sales = Buyers are unaware of the fake products they are buying.

Match the terms with their definitions:

Counterfeiting = Making an imitation of an article with intent to defraud others. Digital piracy = Unauthorized recording or duplication of copyrighted material. Bootleg recordings = Unauthorized recordings of live concerts or musical broadcasts. Online piracy = Unauthorized uploading or downloading of copyrighted material online.

Match the types of victims of digital piracy with their descriptions:

Consumers = Buyers are duped into buying cheap products with designer labels. Marketers = They lose profits and risk losing brand equity due to digital piracy. Artists = Their copyrighted material is being duplicated or uploaded without permission. Designers = Their designs are being imitated and sold as the genuine item.

Match the characteristics of counterfeit products with their descriptions:

Cheap = Products are sold at a lower price than the genuine item. Inferior quality = Counterfeit products are of lower quality than the genuine item. Fake labels = Counterfeit products have fake designer labels. Unauthorized = Counterfeit products are made or sold without permission.

Match the effects of digital piracy on marketers with their consequences:

Loss of profits = Marketers lose money due to digital piracy. Brand equity loss = Marketers risk losing brand equity due to digital piracy. Negative word of mouth = Buyers are unhappy with the fake products and spread negative word of mouth. Reduced sales = Marketers sell fewer products due to digital piracy.

Match the types of illegal activities with their descriptions:

Counterfeiting = Making an imitation of an article with intent to defraud others. Bootlegging = Unauthorized recordings of live concerts or musical broadcasts. Online piracy = Unauthorized uploading or downloading of copyrighted material online. Digital piracy = Unauthorized recording or duplication of copyrighted material.

Match the consequences of buying counterfeit products with their descriptions:

Inferior quality = Buyers receive products of lower quality than the genuine item. Financial loss = Buyers lose money by buying fake products. Disappointment = Buyers are unhappy with the fake products and feel disappointed. Lack of warranty = Buyers do not receive a warranty for counterfeit products.

Match the following corrupt practices with their descriptions:

Bribery = Giving or receiving gifts, payments, entertainment or benefits to influence a decision Extortion = Taking or obtaining property from another person by means of illegal compulsion or oppressive exaction Conflict of Interest = A situation where personal interests conflict with professional duties Fraud = Intentional deception or misrepresentation to achieve financial gain

Match the following consequences with their effects:

Bribery = Tainting a company's reputation and undermining its license to operate Extortion = Hurting consumers and taxpayers by building into the cost of goods and services Conflict of Interest = Influencing a decision to be made by officials Corruption = Undermining the efficiency of a government

Match the following countries with their characteristics:

Philippines = One of the most corrupt nations in Asia Singapore = The cleanest country in Asia and among the top 10 least corrupt in the world Poorer countries = More inclined to corruption, fraud, bribery, and extortion Developed countries = Less inclined to corruption and fraud

Match the following principles with their descriptions:

Moral accountability = Being accountable to God and society for one's actions Strong government = A government that is efficient and attracts the best and brightest citizens Honest government = A government that is free from corruption and fraud Good governance = A government that is transparent and accountable to its citizens

Match the following actions with their purposes:

Reporting private interests = To avoid conflicts of interest Saying no to gifts and benefits = To avoid influencing a decision to be made by officials Training staff and employees = To avoid conflicts of interest and corruption Assessing interests = To determine if they conflict with professional duties

Match the following outcomes with their consequences:

Corruption = Undermining the efficiency of a government Bribery = Tainting a company's reputation and undermining its license to operate Extortion = Hurting consumers and taxpayers by building into the cost of goods and services Fraud = Intentional deception or misrepresentation to achieve financial gain

Match the following practices with their characteristics:

Bribery = An illegal practice of giving or receiving gifts or benefits Extortion = An illegal practice of taking or obtaining property by means of illegal compulsion Conflict of Interest = A situation where personal interests conflict with professional duties Good governance = A practice of transparency and accountability in government

Match the following circumstances with their effects:

Poverty = Inclining countries to corruption, fraud, bribery, and extortion Strong government = Attracting the best and brightest citizens to its rank and file Corruption = Undermining the efficiency of a government Good governance = Promoting transparency and accountability in government

Match the following concepts with their descriptions:

Social Responsibility = Respect culture without sacrificing values Bribery = Immoral and socially irresponsible Private Responsibilities = Employees' roles outside of work Universal Value = A value that applies everywhere

Match the following scenarios with their effects:

Bribery = Corrupts the economic system Lack of Social Responsibility = Upsets the orderly course of the industry Gifts to Officials = Prevents equal entry into the market CSR Policy = Attracts people to companies

Match the following individuals with their roles:

Engineer Mendiola = President of an engineering firm Government Official = Authorized to award contracts Real Estate Developer = Allocates budget for representation Daewoo = A company with experience in fighting fraud

Match the following concepts with their characteristics:

Culture = Has universal values Bad Practice = Can be confused with culture Bribery = Common trend in government and marketplace CSR Policy = Blends with culture

Match the following scenarios with their consequences:

Bribery = No further work will be awarded to the firm Lack of Social Responsibility = Sellers do not receive equal entry into the market Gifts to Officials = Prevents the orderly course of the industry CSR Policy = Attracts people to companies

Match the following companies with their actions:

Daewoo = Fought fraud and other white-collar crimes Engineering Firm = Negotiating a contract in another country Real Estate Developer = Allocates budget for representation Company with CSR Policy = Has strong social responsibility

Match the following concepts with their effects:

Bribery = Corrupts the economic system Lack of Social Responsibility = Upsets the orderly course of the industry Gifts to Officials = Prevents equal entry into the market CSR Policy = Attracts people to companies

Match the following scenarios with their descriptions:

Engineer Mendiola's Situation = A high-ranking official asks for personal gifts Daewoo's Experience = Fighting fraud and other white-collar crimes Real Estate Development = Allocating budget for representation Bribery in Government = A common trend in government and marketplace

Study Notes

Trademark History

  • Makers of goods have been putting their names or other marks on their products since ancient times, such as medieval swords and ancient Chinese pottery, to identify their origin and quality.
  • Trademarks were usually symbols or pictures rather than words before the 20th century, since many people could not read.

Trademark Case Involving Beer Bottle

  • In the Philippines, a trademark case involved San Miguel Corporation, which has been manufacturing and selling beer since 1890, and has been using the words "San Miguel Pale Pilsen" with a rectangular Hops and Malt design trademark on its bottles.
  • A competitor launched "Beer na Beer" with a bottle that was almost a replica of SMC's bottle, constituting unfair competition and misrepresenting a product as that of another.

iPhone Trademark Infringement

  • In 2007, Cisco and Apple went through settlement talks over Apple's use of the iPhone name for its touchscreen music phone, as Cisco had a trademark for the iPhone name.
  • Cisco sued Apple for trademark infringement when Apple made the iPhone announcement without resolution to the talks.

Trade Secrets

  • Trade secrets consist of highly confidential and important nonpublic information about a company's inner structure, classified records, systems, future plans, or policies.
  • If known by competitors, trade secrets could place the company at a competitive disadvantage.

Digital Video Recording

  • Digital video recording records video to local storage devices, most commonly a hard drive.
  • An example of digital video recording technology is the digital video disc (DVD).

Technology Piracy

  • Technology piracy is the unauthorized use of patented or copyrighted work.
  • It is tantamount to stealing a trademark or copyright, and is therefore illegal, immoral, and socially irresponsible.

Forms of Digital Piracy

  • Pirate recordings are the unauthorized duplication of only the sound of legitimate recordings.
  • Counterfeit recordings are unauthorized recordings of the prerecorded sound, as well as the unauthorized duplication of original artwork, label, trademark, and packaging.
  • Bootleg recordings are unauthorized recordings of live concerts or musical broadcasts on radio or television.
  • Online piracy is the unauthorized uploading of a copyrighted sound recording and making it available to the public, or downloading a sound recording from an internet site.

Bad Effects of Digital Piracy

  • Digital piracy can lead to negative word of mouth about a company's products, causing loss of profits and brand equity.
  • Buyers may be duped into buying cheap products with designer labels, only to find that they are fake and inferior to the real thing.

Counterfeiting

  • Counterfeiting is a criminal offense of making an imitation of an article with intent to defraud others into accepting it as the genuine item.

Consumers as Victims

  • Buyers are duped into buying cheap products with designer labels, only to find that they are fake and inferior to the real thing.
  • Counterfeiting is a criminal offense of making an imitation of an article with intent to defraud others into accepting it as the genuine item.

Bribery and Extortion

  • Extortion is any form of taking or obtaining property from another person by means of illegal compulsion or oppressive exaction.
  • Bribery and extortion are illegal and morally accountable to God and society.

Effects of Bribery and Extortion

  • Bribery can destroy or taint a company's reputation and undermine its license to operate.
  • Bribes get built into the cost of goods and services, thus hurting consumers and taxpayers.

Corrupt Nations

  • The Philippines is one of the most corrupt nations in Asia, with an annual per capita income of less than $1,500.
  • Poorer countries are more inclined to corruption, fraud, bribery, and extortion.

Business Ethics

  • Businesses can avoid conflict of interest by saying no to the giving or receiving gifts, payments, entertainment, or benefits that can influence a decision.
  • Staff and rank-and-file employees should be trained to avoid conflicts of interest by reporting and assessing private interests that may conflict with their interests as employees.

Drivers of Bribery

  • Experience shows that some public officials can be bought for a thousand bucks, and that bribery appears to be a common trend in the government and marketplace.

Bribery in Real Estate

  • To expedite the processing of an application, real estate developers usually allocate some kind of "representation" budget for the various government agencies involved for the release of clearances and permits.

Social Responsibility and Culture

  • There are universal values that should be respected.
  • Bad practice should not be confused with culture.
  • Companies should respect culture without sacrificing values.
  • People want companies with strong CSR policies.

Bribery and Social Responsibility

  • Bribery is immoral and socially irresponsible because it corrupts the economic system, upsets the orderly course of the industry, and prevents sellers from receiving equal entry into the market.

Case Study: Engineer Mendiola

  • Engineer Mendiola's firm is negotiating a contract in another country and is told that it is an established and legal custom to give personal gifts to officials who are authorized to award contracts.
  • The official informs him that no further work will be awarded to his firm without such gifts, but this condition will not be included in the contract.

Learn about the origins of trademarks, from ancient symbols on goods to modern brand identifiers.

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