Originally posted by T54
There are indeed international laws covering licencing and trade. That China turns a blind eye to some of their export hoping that they clear customs in countries of delivery does not mean that they do not exist.
Mattel has world-wide licencing rights for Ferrari including in China, and many toy companies have been licenced outside of the USA: SCX and SuperSlot in Spain, Carrera in Germany and China, Scalextric in the UK and China...
What Mattel is doing with the smaller companies is in direct contradiction with the standards established by the ninternational community and (un)enforced in La Hague. It is more important at this time to comdemn the USA for international terrorism than enforcing the laws in the book, not because of their refusal of licencing (which is their right) but because of their refusal to consider the requests (which is not). They do it because they know that they can crush the little guys under legal costs, so that even if the little guys would win, it is just not worth the expense.
Ahh,
So now an accusation of "terrorism"?? Not even close, friend, not even close. I think that any read of the various Hague Conventions, indeed the rulings of the World Court at the Hague, will show that in commercial and other private-sector matters, the international agreements at the Hague do not supercede the commercial laws of any individual country, INCLUDING the US, as regards matters of intellectual property, within that country. We've already noticed in this thread that some countries choose to be more restrictive, others less. Actually, in the US, it's pretty much in the middle, when compared to the rest of the world.
What Mattel does with licensing doesn't even come close to the edge of anti-trust laws in the US, as these laws do not generally cover licensing arrangements. "Restraint of Trade" laws here cover such outlawed practices as secret (and sometimes not-so-secret) deals between businesses to unreasonably restrict competition (price fixing), or the freezing out of potential competitors by certain exclusive practices. Some countries have more restrictive laws in this regard, others do not. Were the Hague Conventions actually to have precedence in all countries, the laws governing such commercial behavior would not exist--AND such cartels as OPEC would not either.
Bear in mind the real value of protections of intellectual property, in the form of copyrights and patents: They exist for one primary purpose: To encourage innovation in the design and engineering of most of what we, as consumers buy and use (In fact, the preamble to the very first US laws in this regard, the original patent law, enacted at the outset of this republic, states this purpose, and the laws covering trademarks and copyrights do also). No protection of these developments in favor of the developer, no innovation (why bother to create something new, if as soon as it hits the market, anyone can pick it up and copy it????).
In the US, patents are there to protect the inventor of technology, which in scope becomes broader every day, but are limited to technology. In the US, while originally, a patent was issued for 17 years, renewable one time for an additional 17 years, in most cases now, a US Patent can only last 17 years, after which that technology is available to anyone who wishes to make use of it for their own profit.
All other intellectual properties, in the US, are covered by copyright (and copyrights are addressed by international treaties and even, I believe, the Hague. We all are aware of copyrights: They cover such as works of art, literature, music and so on. They also cover such as what is called, in the US, "Trade Dress", or the "looks" of a product, slogans, and even product names. A third area of protection is the trademark: Trademarks are best known as the various logo's (Chevrolet "Bowtie" emblem , the various names or nicknames that GM wishes to proctect--Chevy, Heartbeat of America, "An American Revolution as it is applied to car advertising, Impala, Corvette, Biscayne, and so on) that companies use on their products, in their advertising, or on the product intself. Again, using GM as an example, With the copyrighting of trade dress, a particular GM car need not be "in commerce", meaning they do not need to actually have a particular car in production in order to protect the "trademarks". All that is needed is for GM to keep renewing those traidemarks.
"Trade Dress", or the look of a car, used to be covered, by the automakers, by their applying for, and receiving a patent for the design, say of a bumper, a taillight, a door handle. In the 1980's, with the influx of so-called "counterfeit" parts, in this case, the sheet metal repair panels for repairing crash damage, the concept of copyrighting the looks and shapes of such visual components began, in order for companies such as GM to have the capability of protecting themselves against potential legal liability for parts they themselves did not actually manufacture (remember, the US is perhaps the most litigious society on the planet!). The United States Supreme Court ruled that in order for any company to protect themselves from lawsuits stemming from any product used as a direct-copy replacement on any of their products, current or past, that company had to establish legal control over the looks and quality of that product, and further, the US Supreme Court ruling is quite broad--such protection must be over all categories of products in which those looks might be used, and that, friend, covers even model cars and toys. In other words, "protect against all comers, or lose the rights for all categories of use". Not only is that ruling applicable to US-based companies, but it also extends to any company from any country, selling their products in the US--there is nothing in that ruling that violates any international agreement in this regard. Also, in US Law, with the exception of certain kinds of products, a company who develops a product, idea, whatever, is under no requirement to do business with anyone, or even all comers--they have the right to pick and choose, and that, my friend covers virtually all businesses, except those covered under public utility laws, subject of course to our national prohibitions against discrimination by reason of race, color, sex, nationality, or previous condition of servitude--try it, and see how fast you land in court!)
Manufacturers doing business in the United States, regardless of their country of origin, have lots of leeway as to how restrictive they choose to be: For example, the famed old French company, Hispano-Suiza, frankly does not entertain new ideas for miniatures of their cars (even though Hisso hasn't produced cars in decades), with only a few exceptions (I participated in the design and development of a mid-1930's Hispano Suiza drophead that was used as a prop in one of the various James Bond movies, only under a license from the movie studio--Hisso has steadfastly refused to even reply to licensing inquiries for this miniature (quite accurately done in 1:64 scale, BTW) when I was working in product development at Playing Mantis, then the maker of Johnny Lightning diecast miniature cars. Volkwagen AG, even though they licensed us to produce a very nice line of VW cars and pickups in this scale, refused for 3 years to approve our manufacture of a Karmann Ghia, and, I believe, has never approved the 1949 VW Beetle which we had tooled and in test shots in early 2004. Additionally, VW insisted that all our miniatures be made to German specs, rather than the US Spec cars most Americans are familiar with. Aston Martin, when we developed the Vanquish in this scale, were extremely demanding, both by Ford Motor Company (who owns Aston Martin) licensing, AND Aston Martin's people in the UK as well. Ford is extremely restrictive as to any miniature or model kit they license--the tooling mockups and the first run test shots often go through grueling reviews, by scale modelers on their payroll, before they are approved--sometimes as many as 6 or 7 reviews before the product is released for production. General Motors is just as restrictive, with certain cars, cars they consider to be "signature products", mainly Corvettes and Cadillacs (those MUST be right, or they simply will tell the toy or model manufacturer to "forget it", or if they do produce the miniature or kit, the royalty rate triples, from 10% to 30% of the wholesale price. Daimler Chrysler is less so: If it "looks" like a Chrysler Product (or any of numerous "ancestors" to the current Chrysler line, such as Willys, Nash, Hudson or AMC), it passes, although Dodge will insist that "Dodge" appear on the model, unless it can be demonstrated that the name Dodge wasn't visible on the real car (such as 1966-67 Charger, on which the only DODGE nameplate is on the dashboard). D-C is much, much more restrictive where Mercedes is concerned though, very much in the same manner as VW.
if you have any issues with this situation, rather than just name-calling rhetoric, persuade the lawmakers in your country to change the laws regarding the licensing of such items--in the US, we call that talking to your congressman or senator.
Art