The term "international marketing" refers to that set of activities undertaken by the company in order to develop or optimize its presence on the foreign market. The research aims to analyse the problematic aspects that these activities raise on the legal level: through an approach based on the integration of the economic and legal culture, the essay aims to identify the most relevant legal aspects of the marketing process, to analyse the critical aspects for the company and to propose concrete solutions. The research was conducted in collaboration with Gruppo Meccaniche Luciani, which besides being a well-known shoe mold manufacturer, projects innovative designs through its creative branch, called Luciani LAB. The company invests constantly in innovation: it was particularly important the purchasing of a powerful, state-of-the-art 3D printer, which allowed the company to design different products, including a bag, prototype them, and then promote through specific campaigns, described in this paper. These ones reflect the peculiarities of the small / medium-sized enterprise approach to marketing, described by the majority doctrine as intuitive and empirical, far from the theoretical and strategic marketing management. The collaboration with the company has been the main reference for the development of the method of research: the company has promoted its products through various marketing tools such as advertising inserts in magazines, e- mail marketing and trade fairs. These activities differ from one another not only because of their functions, or the public they refer to, but also and above all because of their legal discipline: each one is regulated by a set of rules and raises issues that fit into a specific legal framework. In order to reach a systematic discussion of related legal profiles, we chose to classify the marketing actions into three groups: those related to communication, to the aspects of the product and the ones referring to the customer. For each of these areas, it has been identified a precise critical issue for the company. In relation to the first group, advertising, the research highlights the criticisms related to the possibility of legally protecting the creative idea behind the advertising message: it questions the effectiveness of the legal instruments for its protection, which are copyright law, unfair competition and regulatory discipline. The second profile of research concerns the legal discipline of the e-mail marketing, one of the most widely used digital communication tools. The invasiveness of this system in the personal sphere of the recipients calls for the adoption of appropriate remedies by the companies in order to avoid violating the privacy provisions. The research analyses the legal implications arising from the use of this instrument, in particular those relating to the processing of personal data, in the light of national and European Union law, and related to the collection of e-mail addresses of potential recipients. Lastly, the constant participation in the trade fairs by the company demonstrates how the aspect of the product is a decisive marketing tool for company competitiveness: the company is deeply interested in protecting its external appearance from the imitation of competitors. The legal protection of the appearance, that is, the protection of the exclusive right to use it, constitutes the most important legal issue that links the marketing process to the product of the company. The appearance of a product can be protected on the basis of different disciplines both at national and supranational level, which are design law, trademark law, copyright and unfair competition law. The essay focuses in particular on design law, describing the regulatory framework, the set of interests involved in the case and highlighting the main criticalities in the interpretation of norms, both in domestic and European Union law. The research examines doctrine and jurisprudence opinions in relation to the interpretation of some key provisions of the discipline, such as art. 6 and 7 of EC Regulations, no. 6/2002, concerning the "individual character" and the "disclosure", the two basic requirements in order to obtain the registration and consequent legal protection of the design. National judges from Member States, apply these notions in different ways: this contributes to undermining the uniform application of the discipline throughout the EU. In this sense, the role of the Court of Justice of European Union is fundamental for the achievement of a complete harmonization of the interpretations. Articles 16 and 17 of the Directive 98/71/ EC provide the cumulation of the protection conferred by design law with other regulations. These provisions raise issues of systematic and competitive importance; in particular, trademark and copyright law guarantee a potentially perpetual protection, as opposed to design law. This difference makes the cumulation problematic at level of coordination and competition, as it stimulates the emergence of "creative monopolies" on the forms of the product. The purpose of this research is to expand knowledge on marketing, with particular reference to the legal profiles related to the promotion of the product within the European Union. The added value and the most original aspect of the research is its strong adherence to the reality of the small / medium-sized company: through the integration of legal research and the study of marketing business, the essay outlines the practical problems arising from the implementation of daily marketing activities. It aims to be useful to all small / medium sized businesses that are unprepared to address the challenges posed by marketing and find difficulties in understanding the impact of its legal implications.
IL MARKETING INTERNAZIONALE DI UN ACCESSORIO-MODA IN MATERIALE PLASTICO ECO-COMPATIBILE: ASPETTI ECONOMICI E PROFILI GIURIDICI. UN PROGETTO PER LUCIANI LAB
PETRINI, Maria Celeste
2018
Abstract
The term "international marketing" refers to that set of activities undertaken by the company in order to develop or optimize its presence on the foreign market. The research aims to analyse the problematic aspects that these activities raise on the legal level: through an approach based on the integration of the economic and legal culture, the essay aims to identify the most relevant legal aspects of the marketing process, to analyse the critical aspects for the company and to propose concrete solutions. The research was conducted in collaboration with Gruppo Meccaniche Luciani, which besides being a well-known shoe mold manufacturer, projects innovative designs through its creative branch, called Luciani LAB. The company invests constantly in innovation: it was particularly important the purchasing of a powerful, state-of-the-art 3D printer, which allowed the company to design different products, including a bag, prototype them, and then promote through specific campaigns, described in this paper. These ones reflect the peculiarities of the small / medium-sized enterprise approach to marketing, described by the majority doctrine as intuitive and empirical, far from the theoretical and strategic marketing management. The collaboration with the company has been the main reference for the development of the method of research: the company has promoted its products through various marketing tools such as advertising inserts in magazines, e- mail marketing and trade fairs. These activities differ from one another not only because of their functions, or the public they refer to, but also and above all because of their legal discipline: each one is regulated by a set of rules and raises issues that fit into a specific legal framework. In order to reach a systematic discussion of related legal profiles, we chose to classify the marketing actions into three groups: those related to communication, to the aspects of the product and the ones referring to the customer. For each of these areas, it has been identified a precise critical issue for the company. In relation to the first group, advertising, the research highlights the criticisms related to the possibility of legally protecting the creative idea behind the advertising message: it questions the effectiveness of the legal instruments for its protection, which are copyright law, unfair competition and regulatory discipline. The second profile of research concerns the legal discipline of the e-mail marketing, one of the most widely used digital communication tools. The invasiveness of this system in the personal sphere of the recipients calls for the adoption of appropriate remedies by the companies in order to avoid violating the privacy provisions. The research analyses the legal implications arising from the use of this instrument, in particular those relating to the processing of personal data, in the light of national and European Union law, and related to the collection of e-mail addresses of potential recipients. Lastly, the constant participation in the trade fairs by the company demonstrates how the aspect of the product is a decisive marketing tool for company competitiveness: the company is deeply interested in protecting its external appearance from the imitation of competitors. The legal protection of the appearance, that is, the protection of the exclusive right to use it, constitutes the most important legal issue that links the marketing process to the product of the company. The appearance of a product can be protected on the basis of different disciplines both at national and supranational level, which are design law, trademark law, copyright and unfair competition law. The essay focuses in particular on design law, describing the regulatory framework, the set of interests involved in the case and highlighting the main criticalities in the interpretation of norms, both in domestic and European Union law. The research examines doctrine and jurisprudence opinions in relation to the interpretation of some key provisions of the discipline, such as art. 6 and 7 of EC Regulations, no. 6/2002, concerning the "individual character" and the "disclosure", the two basic requirements in order to obtain the registration and consequent legal protection of the design. National judges from Member States, apply these notions in different ways: this contributes to undermining the uniform application of the discipline throughout the EU. In this sense, the role of the Court of Justice of European Union is fundamental for the achievement of a complete harmonization of the interpretations. Articles 16 and 17 of the Directive 98/71/ EC provide the cumulation of the protection conferred by design law with other regulations. These provisions raise issues of systematic and competitive importance; in particular, trademark and copyright law guarantee a potentially perpetual protection, as opposed to design law. This difference makes the cumulation problematic at level of coordination and competition, as it stimulates the emergence of "creative monopolies" on the forms of the product. The purpose of this research is to expand knowledge on marketing, with particular reference to the legal profiles related to the promotion of the product within the European Union. The added value and the most original aspect of the research is its strong adherence to the reality of the small / medium-sized company: through the integration of legal research and the study of marketing business, the essay outlines the practical problems arising from the implementation of daily marketing activities. It aims to be useful to all small / medium sized businesses that are unprepared to address the challenges posed by marketing and find difficulties in understanding the impact of its legal implications.File | Dimensione | Formato | |
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TESI_finale_PETRINI.pdf
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TESI_finale_PETRINI.pdf
accesso aperto
Dimensione
3.03 MB
Formato
Adobe PDF
|
3.03 MB | Adobe PDF | Visualizza/Apri |
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https://hdl.handle.net/20.500.14242/194534
URN:NBN:IT:UNIMC-194534