A pledge, usually in writing, given by a company to any customers that something is of specified quality, content, benefit or that it will provide satisfaction or will perform or produce in a specified manner. A guarantee also outlines what will happen should the buyer not be satisfied with his purchase.
When more parts or products are produced than are necessary, this is called surplus production. Illegal surplus production signifies those products which are additionally produced and used compared to the agreed quota of a brand owner. These products are sold without the proprietor’s knowledge.
Products are considered as parallel imports when they are legally produced in the country of origin but are sold on the market of another country without permission of the brand or copyright owner.
A trademark is a distinctive sign or indicator used by an individual, business organisation, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.
The law considers a trademark to be a form of property. Proprietary rights in relation to a trademark may be established through actual use in the marketplace, or through registration of the mark with the trademarks office or registry of a particular jurisdiction. In some jurisdictions, trademark rights can be established through either or both means. Certain jurisdictions generally do not recognise trademark rights arising through use. If trademark owners do not hold registrations for their marks in such jurisdictions, the extent to which they will be able to enforce their rights through trademark infringement proceedings will therefore be limited.
Product liability is the area in which manufacturers, distributors, suppliers, retailers and other persons or legal entities that make products available to the public are held responsible for injuries caused by defective products. If consumers are harmed by a defective or unsafe product, they may have a cause of action against the persons who designed, manufactured, sold, or delivered the product.
To acquire a valid copyright, a work must have originality and some modicum of creativity. However, what is protected under copyright is the expression or embodiment of an idea, and not the idea itself. According to the major international intellectual-property protection treaties (Berne Convention, Universal Copyright Convention, and WIPO Copyright Treaty) five rights are associated with a copyright:
The right to: (1) reproduce the work in any form, language, or medium; (2) adapt or derive more works from it; (3) make and distribute its copies; (4) perform it in public; (5) display or exhibit it in public.