BUL6852 Final Exam Pt. 2

Chapters 16-21

Advertising Injury

A type of insurance coverage provided in standard versions of commercial general liability insurance policies (CGL). Injury arising out of one or more of the following offenses: (a) oral or written publication of material that slanders or libels a person or organization or disparages a person’s or organization’s goods, products, or services; (b) oral or written publication of material that violates a person’s right of privacy; (c) misappropriation of advertising ideas or style of doing business; or (d) infringement of copyright, title, or slogan.

Cargo Consolidator

The freight forwarder also plays this role. Most exporter shipments require booking only a portion of a ship’s cargo space. The freight forwarder can obtain more reasonable shipment rates by consolidating the cargo of a number of its clients.

Commercial Agency

* the hiring of an agent “to prospect for and visit customers with a view to negotiating and when appropriate concluding sales agreements in the name and for account of the principal (exporter of goods, services, technology).” 
* Under European Union regulations the mere supplying of marketing services does not fall within the definition of commercial agency. Laws of the foreign country of the commercial agent need to be researched “to ensure that nothing contained in a commercial agency contract is repugnant to imperative \[mandatory\] provisions” 9 of any law applicable to the contract.

Compulsory Hiring

Italian policy in which companies employing more than 35 employees must hire 15% of its workforce from the following categories of people: war disabled, blind, deaf, or mute people and orphans and widows by reason of military service or work.

Consultation Procedure

Includes the giving of notice provided for either in the collective bargaining agreement or by custom and practice.

* An Italian employer must follow this when terminating employees.

Consulting Contract

Legal agreement between a consultant and a client. Sales of services are generally executed through employment and consulting contracts.

Conversation Contract

A contract in which the employee receives, at the cost of the employer, enhanced government unemployment benefits and retraining or educational opportunities. If the ground for dismissal is economic, then the discharged employee has: (1) a right to a transfer if another position is available within the company and (2) a right to reemployment for a period of one year in the event that the economic factors change.

* In France, employees may choose this option instead of a right to a severance payment when being dismissed.

Council on Services

Established by Part V of GATS

Customs Modernization Act of 1993

Requires importers and exporters to submit to periodic customs audits and to comply with strict record-keeping requirements.

Dismissal for Cause

* An employer in Italy may terminate an employee without notice where the dismissal is for cause. Something grounded on such grave misconduct, whether intentional or negligent, that the employment relationship is no longer capable of being reasonably continued.
* Reasons short of theft are unlikely to justify a dismissal for cause. The dismissal must be based upon justified reasons such as closing a product line, notice must be in writing, and it must give the reasons for the dismissal.

Duty to Defend

A liability-insurance provision which obligates the insurer to take over the defense of any lawsuit brought by a third party against the insured on a claim that falls within the policy's coverage. Insurer’s duty to defend is broader than its duty to indemnify

Effects Test

* The second part of the two-prong test that determines the extraterritorial application of U.S. securities laws. Determines whether the alleged foreign illegal activities are likely to have an effect within the U.S. It has been used to determine the extraterritorial applicability of many U.S. laws such as discrimination, antitrust, and tort law.
* It stands for the principle that the exercise of jurisdiction is appropriate where the illegal activity abroad injures someone within the United States. However, it does not justify the exertion of SEC jurisdiction where no fraud is committed within the United States and the securities are purchased outside the United States

Employment as a Property Right

In Germany, employment is considered a property right, and can also have taxation implications for the foreign firm.

Employment-at-Will Doctrine

The philosophical foundation of the U.S. employment relationship. Provides that except for express employment contracts the employment relationship may be terminated at the will of either party. The “at will” concept may be defined differently in other legal systems**.**

EU Directive on Distance Contracts

Consumer protection statute that requires the (foreign) seller to disclose certain types of information. The required disclosure information includes location of seller, price and additional costs, and the minimum length of time that the consumer will be bound to the contract. The Directive allows the seller to solicit over the telephone, but it is required to follow up with a written confirmation. An e-mail confirmation does satisfy the writing requirement. The statute mandates a consumer right of withdrawal. 

European Works Council Directive

Requires large companies, mostly multinational corporations, to establish European Works Councils (EWC). 

Evergreen Statutes

Limit the ability of a principal or employer to discharge an employee or agent.

Federal Trade Commission (FTC)

regulates virtually all forms of advertising in the United States. It is empowered to prevent “unfair and deceptive practices.”

Foreign Sales Representative

An agent who distributes, represents, services, or sells goods on behalf of foreign sellers

Framework Agreement

A type of contract that is commonly used as a multi-supplier agreement, establishing a long term relationship to deliver works as an approved supplier for the buyer. The WTO GATS is considered a framework agreement containing basic obligations which apply to all member countries

Freight Forwarder

The freight forwarder serves three vital functions for importers and exporters: (1) arrange for the shipment of goods with carriers (freight forwarder reserves space on the carrier well before actual shipment date by entering into a booking contract), (2) act as a freight consolidator, and (3) process required documentation

French Labor Code

The national law that governs work and labor relations in France. Requires a meeting with the employee being discharged and notice, making immediate dismissal impossible.

General Agreement on Trade in Services (GATS)

Applies the general WTO principles—national treatment, most-favored nation, and transparency—to the trade in services. The GATS agreement places a strong emphasis on the liberalization of services to benefit developing countries

Hiring by Number

“Annunzione numerica.” Italian hiring process in which employers are required to file an application with the Placement Office indicating the category and qualifications sought. Unemployed workers are given priority over those wanting to change jobs. The practice has recently been liberalized to enable employers to engage in more direct hiring.

Hiring List

List kept by the Italian Placement Office that includes workers seeking a job.

ILO Declaration on Fundamental Principles and Rights at Work

enumerated a number of “core labor standards” including:

(1) freedom of association and the right to collective bargaining,

(2) elimination of all forms of forced or compulsory labor,

(3) abolition of child labor, and

(4) elimination of discrimination in respect of employment and occupation

Indemnity in Lieu of Notice

Failure to give notice obligates the employer to pay an indemnity payment - an amount equal to the pay the worker would have received for the period of the required notice.

Independent Contractor

An independent contractor, such as a consultant, is an independent agent. Agency law governs the principal–agent relationship between the hiring company and the consultant

International Accounting Standards (IAS)

International standards for accounting developed by the IASC. IOSCO has focused its attention on developing a common international prospectus that could be used for listing and filing in all exchanges. These efforts are essential to further enhance the free flow of capital and related services

International Labor Organization (ILO)

Historically has been associated primarily with the development of international norms applicable to labor issues. The Treaty of Versailles established the ILO in 1919 with the stated principle that “labor should not be regarded merely as a commodity or article of commerce.”

International Organization of Securities Commissions (IOSCO)

Made it a goal to achieve the comparability of information required under national securities laws in order to facilitate cross-border offerings and listings by multinational securities issuers. In order to achieve this goal, IOSCO has proposed the development of a generally accepted body of disclosure standards that could be used in a uniform disclosure statement for cross-border offerings and listings

Labor Clause

A common device used to advance labor standards is the inclusion of these clauses in trade agreements. This was expressly done in regional free trade agreements such as the North American Free Trade Agreement (NAFTA) and more specifically in EU legislation but was rejected in the enactment of the WTO Agreements. 

Lenham Act

(Trademark Act.) The Lanham Act prohibits three forms of unfair competition related to trademark infringement: (1) false advertising, (2) passing off (counterfeiting), and (3) false designation of place of origin. The Lanham Act defines false advertising as the use of a “false or misleading description of fact, or false or misleading representation of fact in commercial advertising or promotion which misrepresents the nature, characteristics, qualities, or geographic origin of his or another person’s goods, services, or commercial activities.”

Less Developed Countries (LDCs)

Low-income countries confronting severe structural impediments to sustainable development. They are highly vulnerable to economic and environmental shocks and have low levels of human assets. 

Materiality

International standards fail to provide a definition, so its definition varies from country to country. All countries require that a company or issuer disclose all material information and it’s crucial in determining the accuracy of documents and statements. The U.S. Supreme Court defined materiality as “An omitted fact is material if there is a substantial likelihood that a reasonable shareholder or investor would have considered it important.” 

Mixed Sales

Transactions that include two or all three of the modes of doing business (sale of goods, license, sale of services)

Most-Favored Nation

Obligation set out in GATS that states that each party “shall accord immediately and unconditionally to services and service providers of any other member country, treatment no less favorable than that it accords to like services and service providers of any other country.”

Multimodal Transport

Combines more than one mode of transportation to move an individual shipment. The shipper works with and establishes a contract with a single carrier (also called a multimodal transport operator \*MTO for short). The MTO will rely on several independent contractors or sub-contracted carriers to move the freight, but the shipper will only deal with the MTO.

Mutual Recognition Agreements (MRAs)

Agreements aimed at reducing trade barriers in specific industries. Trade barrier reduction is to be achieved through the mutual recognition of each other’s product testing and certification procedures. 

National Treatment

Means that a member country cannot discriminate against foreigners in granting patent or trademark protection. Rights conferred may be greater or less than provided under U.S. law, but they must be the same as those that the country provides its own nationals

Non-Partnership Clause

Typically states that “the party being hired is to perform as an independent contractor and nothing contained herein should be construed as creating a partnership between the parties to this agreement.” Should be included in an independent contractor agreement to prevent the principal from being vicariously liable under agency principles.

Office of Service Industries

Organization created by the U.S. Department of Commerce that is responsible for analyzing and promoting the services trade. The Office of Service Industries provides information on opportunities and operations of services abroad. A number of its divisions focus on specific industry sectors including information, transportation, tourism, marketing, finance, and management.

Organization for Economic Co-operation and Development (OECD)

Intergovernmental economic organization with 38 member countries, founded in 1961 to stimulate economic progress and world trade. Together with governments, policy makers and citizens, they work on establishing evidence-based international standards and finding solutions to a range of social, economic and environmental challenges.

Recognition Requirements

MFN requirements for the purpose of securing authorizations, licenses, or certification to provide a service. These types of requirements pertain mostly to professional trades including legal, engineering, medical, insurance, and accounting. 

Redundancy

The term for “laying off” workers no longer needed because of a restructuring or downsizing. Allowed in France only following consultation with labor unions. Also, the selection of workers to be dismissed must be based upon the criteria established by law that factors in the number of family dependents, seniority, and organizational needs

Russian Labor Code

The national law that governs work and labor relations in Russia. The employment relationship is heavily regulated and makes it very difficult for the employer to terminate employment. It is important to seek legal consultation before dismissing an employee.

Securities and Exchange Commission (SEC)

Administers federal securities laws in the U.S. It has been deemed fair by U.S. courts “to demand compliance with U.S. laws and regulations of any person or entity who has purposely made a connection with the United States for the sale or purchase of a security, and its conduct has the effect of undermining the stability and fair operation of the securities markets within the United States.”

Sexual Harassment Policy

At the minimum, a policy should state the company’s general policy, provide workable definitions of inappropriate conduct, and provide a user-friendly complaint procedure.

Trans-Atlantic Business Dialogue (TABD)

Nongovernmental group in the EU that aims to harmonize standards related to electronic commerce. The group “endorsed bilateral and multilateral cooperation in the area of electronic commerce and identified five priority issues: protection of personal data and privacy; digital signatures and harmonized legal framework; encryption; tax, tariff, and customs; and intellectual property, protection, and associated liabilities.”

Transfer Pricing

Refers to a method of tax avoidance. In structuring contracts between itself and its foreign subsidiaries, a corporation will often attempt to recognize or transfer any profits to subsidiaries located in low-tax countries. The U.S. IRS requires that such intracompany transactions be conducted at arm’s length. 

Transparency

MFN requirements that include publication of all relevant laws and regulations pertaining to the providing of services by foreign individuals or companies. Since domestic regulations and not cross-border rules provide the most significant influence on services trade, provisions spell out that all such measures of general application should be administered in a reasonable, objective, and impartial manner.

Unitary Taxation

An approach for taxing multinational corporations or cross-border business transactions in which corporate profits are apportioned to the different taxing authorities using a formula based on sales, payroll, and property within each jurisdiction.

Work for Hire Clause

Should be inserted into any employment or independent contractor agreement in which the employee or independent contractor is being paid to develop new technology or to perform research and development. This clause makes it clear that all rights to the research and intellectual property rights are to revert to the employer. A typical work for hire clause reads that “all inventions, creations, and research of the employee (or independent contractor) during the term of his employment shall be work for hire and shall be the property of the employer, and that all rights to the intellectual property shall be assigned by the employee to the employer.”

Works Council

In Germany, provide representation for employees at the workplace and have substantial powers – extending to an effective right of veto on some issues. Although not formally union bodies, union members normally play a key role within them. Dismissals are permitted only following consultation with these.

Heritage Mutual Insurance v. Advanced Polymer Technology

97 F. Supp. 2d 913 (S.D. Ind. 2000)

* Insurance Services Organization (“ISO”) is a trade association that develops standard insurance forms and clauses.
* “Advertising injury” is a type of insurance coverage provided in standard versions of commercial general liability insurance policies (CGL).
* Under insurance law, the insured is required to prove that her claims fall within the coverage provision of her policy, but the insurer bears the burden of proving specific exclusions or limitations to policy coverage.
* Insurer’s duty to defend is broader than its duty to indemnify.
* When an insurance contract contains an ambiguity, it is strictly construed against the insurance company.

Agent

often, under many national laws, an agent can bind the principal (manufacturer-exporter) to contracts with third-party customers, either through actual or apparent authority

Agent-Distributor Searches (ADS)

American companies new to exporting can make use of U.S. Commercial Service in the Department of Commerce. The Service can promote your products abroad through trade fairs, advise the exporter on the various requirements for exporting and importing goods, provide the names of dependable customs brokers and freight forwarders, and, most importantly, it maintains a list of reputable distributors for most countries of the world, which may be accessed through Agent-Distributor Searches (ADS)

Actual Authority

refers to specific powers, expressly conferred by a principal (often an insurance company) to an agent to act on the principal's behalf. This power may be broad, general power or it may be limited special power. Specific powers are also known as "express authority

Apparent Authority

An agent’s power to act on behalf of a principal, even though not expressly or impliedly granted. This power arises only if a third party reasonably infers, from the principal’s conduct, that the principal granted such power to the agent."

Best Efforts Clause

* Should require the distributor to use best efforts to achieve a maximum number of sales.
* In order to measure or benchmark what is meant by best efforts, the clause should fix a “minimum sales quota” or annual thresholds of quantity of goods that need to be sold should be specified. This allows the exporter a just cause to terminate the contract or deny a renewal of the contract.
* The best efforts obligation can be further detailed by requiring the distributor to spend a minimum amount of money on advertising and sales promotion.
* From the distributor’s perspective, the best efforts requirements should be interrelated with the force majeure clause so that the distributor is excused from meeting minimum sales obligations in the event that sales are restricted due to unforeseen events, such as the imposition of import restrictions.

Block Exemption

a block exemption is simply a statutory recognition that certain types of business practices are to be permitted even though they technically violate EU competition (antitrust) law

Commercial Agency

Arrangement that involves hiring a foreign sales representative as an independent contractor. This relationship has been defined as the hiring of an agent “to prospect for and visit customers with a view to negotiating and, when appropriate, concluding sales agreements in the name and for account of the exporter of goods, services, technology.” 

Confidentiality Clause

should state that the obligations continue after the termination of the contract. The distributor must maintain the confidentiality of the exporter’s trade secrets indefinitely after the termination of the distribution contract, except in the cases where the confidential information becomes part of the public domain

Consignee

The person or firm named in a bill of lading to which goods are to be turned over is the consignee

Consignment

* Under a consignment contract, the exporter (consignor) ships the goods to a distributor in a foreign country (consignee). The risk of the goods not selling and being returned remains with the exporter.
* This is different than a distribution contract where the foreign distributor normally purchases the goods and assumes the risks of not being able to resell the goods. A consignment contract is also different from a commercial agency contract where the agent procures a sales contract and the exporter sends the goods directly to the buyer

Consignor

Under a consignment contract, the exporter (consignor) ships the goods to a distributor in a foreign country (consignee).

Consulting Contract

* Legal agreement between a consultant and a client. Sales of services are generally executed through employment and consulting contracts.


* should be specific as to the scope of the engagement, such as for advertising or technology services, and should emphasize the independent status of the consultant.

Customized Market Analysis

The U.S. International Trade Administration offers a fee-based service that locates foreign agents and distributors and provides Customized Market Analysis (CMA) reports that identify potential foreign representatives

Default Clause

From the perspective of the exporter it is best to include a detailed list of events that allow for termination. This list is placed in either the default or termination clause

Del Credere Agent

relationship is generally recognized when the agent guarantees its customer’s payments to the principal. The agent acts not only as a salesperson or broker for the principal, but also as a guarantor for the buyer. If the buyer is unable to pay, a del credere agent may become liable for the unpaid amount. The contract should explain the extent of the agent’s liability.

Dilution of Trademark

the contract should also make clear that trademarks and brand names are the exclusive property of the exporter, and that any rights in any new trademarks or copyrights related to the products, such as a new slogan, developed by the distributor shall be assigned to the exporter

Escape Clause

allows for the termination of the agency contract with a fixed period of notice. Some contracts specify that either party may terminate the agreement with written advance notice of 30, 60, or 90 days

EU Regulation 1983/83

deals with the legality of exclusive distribution agreements. One method is to obligate the distributor to send orders from customers outside its territory to either the manufacturer exporter or to a distributor allocated to the customer’s territory. However, such a provision is invalid under EU Regulation 1983/83. The distributor cannot be prohibited from making passive sales—those in which the customer seeks out the distributor, but a clause prohibiting a distributor from openly soliciting outside its territory is enforceable under the EU Regulation

EU Directive 86/653

provides that agency contracts should provide for a minimum notice of termination. A reasonable notice period is one month per year of service. A commercial agent will be owed an indemnity upon termination to the extent that he has brought new customers to the principal or significantly increased the principal’s volume of business. Article 17(3) of the EC Directive also allows national laws to provide for a damage claim to the agent, especially if at the time of termination the agent had not completely amortized his costs and expenses relative to the representation. Article 117(5) requires the agent to notify its principal of a claim for indemnity or damages within one year from the date of termination

Evergreen Statute or Law

Provisions related to the termination of the agreement are the most important part of an international agency contract. This is because of the existence of host country laws that restrict a foreign company’s right to terminate an agency agreement. These laws often impose minimum notice requirements for terminating an agent or require the payment of an indemnity upon termination unless the termination is based upon a just cause. These laws are different than the employment regulations discussed earlier in the chapter. Unlike employment regulations, evergreen statutes do apply to agents acting as independent contractors

Foreign Consultant

a variation of the foreign sales representative or commercial agent. The same issues of host country labor laws and agency termination laws apply to the consulting relationship

Goodwill Indemnity

owed to the distributor upon the termination of the distribution agreement

Guide to Drafting International Distribution Agreements

The International Chamber of Commerce’s (ICC’s ) Guide to Drafting International Distribution Agreements  outlines the underlying risks of the distribution relationship and the ways to deal with such risks in the distribution contract. A brief review of this guide is a good starting point for analyzing this pivotal contractual relationship. Distributor is defined in the guide as “not a middleman, but a dealer who buys goods in order to resell them in his own name, even if he is often called an agent.” Thus, calling a distributor an agent is a misnomer. In contrast, an agent is generally an independent contractor owing certain fiduciary obligations to the principal. It should be noted, however, that a distributor might act as both an agent and as a distributor.

Independent Contractor Clause

The non-partnership and independent contractor clause makes clear that the licensee is not acting as an agent or partner of the licensor, hopefully preventing the licensor from being held liable for the actions of the licensee under agency law principles

Independent Contractor Status

is important in order for the consignor to avoid the employee protection laws of the country of import, which can be onerous

Just Cause Termination

either party may terminate distribution contracts for just cause. Any type of breach may not be sufficient to justify the termination of the contract. Some courts and arbitration panels make a distinction between a material breach justifying termination and a minor breach leading to a bad faith termination of the contract

Just-in-Case Distribution

based upon bringing the goods closer to the customer, which means increasing the number and strategically placing distribution centers throughout the supplier’s market, which strengthens the supplier’s JIT capabilities.

Just-in-Time Contracting

an inventory strategy that companies employ to increase efficiency and decrease waste by receiving goods only as they are needed in the production process, thereby reducing inventory costs. It aims to reduce costs and wastes, such as the costs of warehousing large inventories of supplies or manufactured products. JITalso refers to the ability to quickly respond to changes in the market and the needs of customers and has been tied to total quality management (TQM).

Key Personnel

certain employees are considered essential, they should be recognized in the contract

No-Agency-Non-Partnership Clause

* a distribution contract with a distributor in a country with evergreen statutes that protect employees and commercial agents at the time of termination should include not only an independent contractor clause, but also a no-agency-non-partnership clause.
* Such a clause characterizes the distribution relationship as simply one between a seller and a buyer. Furthermore, the contract does not create an implied partnership or joint venture between the parties.
* To support this characterization the contract should allocate to the distributor all matters relating to customer credit, billings, and invoices, and that the risk of nonpayment is borne by the distributor. This type of clause seeks to avoid the evergreen protections provided to employees, commercial agents, or distributors

Non-Challenge (Validity) Clause

prohibits the distributor from challenging the validity of the manufacturer-exporter’s IPR

Noncompetition Clause

are susceptible to nonenforcement. Generally, a distribution contract cannot prohibit the agent or representative from also selling the products of another company. The one major exception is that U.S. courts will allow such clauses in cases involving patented property rights where the distributor is given an exclusive license. Thus, one strategy to increase the chances of enforceability is to tie exclusivity to noncompetition.

Price-fixing Clause

are most likely illegal- is an agreement (written, verbal, or inferred from conduct) among competitors that raises, lowers, or stabilizes prices or competitive terms

Principal

manufacturer-exporter

Products Liability Clause

assigning the risk of product liability claims to the distributor

Public Domain

refers to information, images, and creative works that have become part of public information and are freely useable. For example: previously protected intellectual property rights that have expired or have been forfeited; trade secrets that have been leaked or reverse engineered become part of the public domain.

Reservation of Rights Clause

* states that any rights not expressly granted to the distributor remain with the exporter
* the licensor reserves any IP or contractual rights that are not expressly transferred to the licensee

Termination Clause

specific termination rights are detailed in a termination clause. The termination clause provides the specific grounds upon which the licensor may unilaterally terminate the license agreement. The licensor should make it clear that the termination of the license also requires the termination by the licensee of any sublicenses. Under some foreign laws the unilateral termination of a licensing agreement by the licensor may require the payment of an indemnity

Territorial Restrictions

limiting the distributor’s sales to an assigned territory

Total Quality Management (TQM)

After working with industries in Japan after World War II, W. Edwards Deming returned to the U.S. and started the TQM movement. The main insight is that by consistently looking at lowering costs, manufacturers inevitably lowered the quality of their products. The International Standards Organization (ISO) defines TQM as: “A management approach of an organisation centred on quality, based on the participation of all its members and aiming at long term success through customer satisfaction and benefits to all members of the organisation and society.”

Tying Clause

that require the distributor to purchase other items along with the licensed product are generally unenforceable. One exception is when tying products or services is needed to ensure the quality of the licensed or distributed product. In such cases, a requirement that the licensee purchase materials from certified suppliers is likely to be enforced.

U.S. Commercial Service

American companies new to exporting can make use of U.S. Commercial Service in the Department of Commerce. The Service can promote your products abroad through trade fairs, advise the exporter on the various requirements for exporting and importing goods, provide the names of dependable customs brokers and freight forwarders, and, most importantly, it maintains a list of reputable distributors for most countries of the world, which may be accessed through Agent-Distributor Searches (ADS).

**L. Schuler AG v. Wickman Machine Tool Sales Ltd.**

**[1974] AC 235**

* It is important to be specific in listing causes or types of defaults that trigger the ability of a party to terminate a contract. However, the case shows that the parties should be cautious not to insert a default clause that if literally interpreted would result in an unjust termination.
* The idea that not all breaches trigger a right to terminate was noted by Lord Diplock when he stated that the “correct test is to look at the events, which have occurred as a result of the purported breach and to decide if these events deprived the party attempting to terminate of the benefits that it expected to receive from the contract.”
* The battle between Lord Reid and Lord Wilberforce is centered on different approaches to contract
* The United Kingdom Supreme Court only came into existence on October 1, 2009. Previously, the court resided in the House of Lords, which is the upper house of the UK Parliament. The Judicial Committee of the House of Lords was entrusted with carrying out its judicial duties. Its members were called “Law Lords.” Thus, prior to the creation of the Supreme Court the judges or justices of the high court were called Lords. And yes, female members of the court were also called “Law Lords”!

Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)

Grants the licensor or intellectual property owner the rights to prevent imports of licensed goods into its domestic market. These additional rights should be clearly delineated in the agreement. TRIPS is divided into three parts, which provide: general provisions, scope of intellectual property rights, and enforcement provisions.

Anti-Bootlegging Statute

(1994). Criminalizes the unauthorized recording, transmission to the public, and the sale or distribution of or traffic in unauthorized recordings of live musical performances. Bootlegging is distinct from piracy; the former deals with commercially unreleased performances and the later deals with duplication of commercially released recordings