...New INCOTERMS effective January 1, 2011 The International Chamber of Commerce (ICC ) has published revisions to its International Commercial Terms, also known as INCOTERMS®, that take effect on January 1, 2011. The revised rules, designated "INCOTERMS 2010", contain a series of changes, such as a reduction in the number of terms to 11 from 13. The DAF, DES, DEQ, and DDU designations have been eliminated, while two new terms, Delivered at Terminal (DAT) and Delivered at Place (DAP), have been added. INCOTERMS 2010 also attempt to better take into account the roles cargo security and electronic data interchange now play in international trade. WHAT INCOTERMS ARE - INCOTERMS are a set of three-letter standard trade terms most commonly used in international contracts for the sale of goods. First published in 1936, INCOTERMS provide internationally accepted definitions and rules of interpretation for most common commercial terms. In the US, INCOTERMS are increasingly used in domestic sales contracts rather than UCC shipment and delivery terms. WHAT INCOTERMS DO - INCOTERMS inform the sales contract by defining the respective obligations, costs and risks involved in the delivery of goods from the Seller to the Buyer. WHAT INCOTERMS DO NOT DO - INCOTERMS by themselves DO NOT: • Constitute a contract; • Supersede the law governing the contract; • Define where title transfers; nor, • Address the price payable, currency or credit terms. These items are defined by the express terms in the...
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...Introduction to Geographical Indications "Geographical indications are…indications, which identify a good as originating in the territory…or a region or locality in a territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin." It can also be defined as a sign used on goods that have a specific geographical origin and possess qualities or a reputation that is due to that place of origin. Most commonly, a geographical indication consists of the name of the place of origin of the goods. For example, "Champagne," "Cognac," and "Tuscany" are geographical indications designating the specific geographical origin from which they originate. Agricultural products typically have qualities that derive from their place of production and are influenced by specific local factors, such as climate and soil. Under the TRIPS Agreement, countries are under no obligation to extend protection to a particular geographical indication unless that geographical indication is protected in the country of its origin. Prior to 2003, India did not protect geographical indications of Indian origin. In order to comply with India's obligations in the TRIPS Agreement, it enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999, which came into force with effect from 15th September 2003. The present geographical indications regime in India is governed by the Geographical Indications of Goods (Registration...
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...Trips Industrial designs geographical indications INTEGRATED circuits Undisclosed information ADV.MANISHA PANDYA ROLL NO.17 * BUSINESS LAW GROUP* LLM SEM II SUBMITTED TO PROF.TIWARI CONTENTS Chapter I * INTRODUCTION * GATT*WTO* TRIPS* * ------------------------------------------------- Implementation in developing countries Chapter II * What are intellectual property rights? * Geographical indication * Early agreements –History * Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) * ------------------------------------------------- Marketing * International trade * SECTION 3: GEOGRAPHICAL INDICATIONS Art. 22, 23, 24 Protection of Geographical Indications * Industrial design right * SECTION 4: INDUSTRIAL DESIGNS Article 25 * SEC 7: PROTECTION OF UNDISCLOSED INFORMATION Article 3 Chapter III * CONCULSION BILOGRAPHY & WEBOLOGY Chapter I GATT * WTO * TRIPS* The General Agreement on Tariffs and Trade (GATT) was a multilateral agreement regulating international trade. According to its preamble, its purpose was the "substantial reduction of tariffs and other trade barriers and the elimination of preferences, on a reciprocal and mutually advantageous basis." It was negotiated during the United Nations Conference on Trade and Employment and was the outcome of the failure of negotiating governments to create the International Trade Organization (ITO). GATT was signed...
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...Tropical Niche to Sub-Saharan Desert Niche Tropical Niche to Sub-Saharan Desert Niche Every living organism has a niche. Niche defines the organism’s “job,” or role in the community (Ireland 2013, p. 51). Since every niche is different organism must find ways to adapt to its particular niche. Adaptation is a must to ensure survival in any niche so let’s take a look at two different niches and see what adaptations could take place to help ensure survival. My personal niche at the current time is the great state of Hawaii. Hawaii is located in the tropics with mild summers in the upper 80s and winters that in the high 70s to low 80s. I can expect rain often here just depending on the location that I am currently in. Within this niche I am the sole provider for the family. I help provide the military with knowledge and leadership. My family and I are often found outside playing by the beaches and enjoying the water. In the sub-Saharan desert I would not be able to enjoy the ability this water as water is scarce. When I look at the similarities between the tropics and sub-Saharan desert there are not very many if any that really stand out. One similarity that the tropics does have with the sub-Saharan desert is sand. The desert is made up mostly of sand while often found on areas near water in the tropics. Now when I look at the differences there are a lot but a few that come straight to mind. The amount of rain fall. The tropics receives more rain also allowing for the vegetation...
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...Office Order No. _____ Series of 2014 RULES AND REGULATIONS ON GEOGRAPHICAL INDICATIONS Whereas, Section 4 of Republic Act No. 8293 or the Intellectual Property Code of the Philippines (“IP Code”) provides that geographical indication is an intellectual property right; Whereas, Section 9.1 of the IP Code states that among the functions of the Bureau of Trademarks is the search and examination of the applications for the registration of geographic indications and the issuance of the certificates of registration; Whereas, in order to pursue and facilitate the conferment of protection to geographical indications, it is fundamental that a system of registration and framework of rules be established and implemented by the Intellectual Property Office; and Whereas, Section 7.1 (a) of the IP Code states that the Director General shall manage and direct all functions and activities of the Office, including the promulgation of rules and regulations to implement the objectives, policies, plans, programs, and projects of the Office. Now, therefore, in consonance with the foregoing and the policy of the State to enhance the enforcement of the intellectual property rights in the Philippines, the following rules and regulations on geographical indications are hereby promulgated: Article I Preliminaries Rule 1. Title. -- This regulations shall be known and cited as the Rules and Regulations on Geographical Indications. Rule 2. Definition of Terms. --The following...
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...Community Rights and Geographical Indications Introduction The Concept of Community. The first step in considering the meaning of community is to understand that, fundamentally, it is a fluid concept. What one person calls a community may not match another person’s definition. A person may be a member of a community by choice, as with voluntary associations, or by virtue of their innate personal characteristics, such as age, gender, race, or ethnicity. As a result, individuals may belong to multiple communities at any one time. When initiating community engagement efforts, one must be aware of these complex associations in deciding which individuals to work within the targeted community. A community is a group of two or more people who have been able to accept and transcend their differences regardless of the diversity of their backgrounds (social, spiritual, educational, ethnic, economic, political, etc.) This enables them to communicate effectively and openly and to work together toward goals identified as being for their common good. The word community can refer to a specific group of people or it can describe a quality of relationship based on certain values and principles. A community is a group of all leaders who share equal responsibility for and commitment to maintaining its spirit. Community is reflective, contemplative and introspective. Communities may be viewed as systems composed of individual members and sectors that have a variety of distinct characteristics...
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