Legal Aspects of International Trade And Enterprise

Executive Summary of Starbucks vs. Ethiopia Case Study

Through this report, the purpose is to discuss in-depth about the “Starbucks vs. Ethiopia Case Study” and the main aim is to discuss the coffee wars trademark issues. As the Starbucks most dependable product is the “Coffee” and each year, the company has its international strategies and the Ethiopian coffee industry. It is also important to note some of the world’s finest coffees, for example, Harrar®, Sidamo®, and Yirgacheffee® that have started to originate within Ethiopia. the coffees that have a unique flavor, along with aroma which can distinguish some of the coffees from the rest of the global countries. It is also how the countries like the rich flavors, aromas are due to the special coffee beans in Ethiopia. Towards, the dispute which arose was the Starbucks application for the name of the Shirking Sun-Dried Sidamo which was the legal trademark name and there was also the successful application, that was going around globally and with the trademark owner, and it is also the ability to reach out the using the masses with the important decision making

Contents

Executive Summary.

Introduction.

Facts of the Case.

Identification of the Legal Issues.

Explanation of the ICJ, Court or tribunal’s decision.

Significance of the case in international law..

References.

Introduction to Starbucks vs. Ethiopia Case Study

Through this report, globally, the world produces approximately 7 million tons of coffee.1 and together there are 500 billion cups of coffee annually produced. The potential profits have been derived from the massive coffee trade and it is important to note, how there have been intellectual property strategies that would be based on the multi-national coffee purchasers, and through the coffee-producing countries that can be based on the less obvious. In the famous case of the Starbucks versus Ethiopia, the battle of the war was in between the dispute that advocates how to use trademarks and the intellectual dispute rights over the term “Siam”. The main purpose is to describe how there has been a cascading impact and how to describe the coffee products, that could experience the Government of Ethiopia and the coffee giant Starbucks (Pavlenko et al, 2019). The Ethiopian economy has so far, been heavily dependent on the trade of the primary products and through the trade of wars, the potential problems faced are of the "copyright" and the "trademark" issues (Pylypenko, et al, 2019). As Ethiopia country's limited tradable goods and it alone from the coffee can generate approximately 60 percent of the total export earning, despite the Starbucks application for the trademarks names and the patent rights, still the country under the GI and protecting the laborers and industry filed the case (Yi, 2018).

Facts of the Case

In the case that started with the trademark war in between the application of Ethiopia and with the processing during the time, the company Starbucks would be able to solve and be able to attain the time. It is important, that Ethiopia asked Starbucks who would further be dropping the application and it was later used with the hesitant to approach with for Ethiopia to approach the type of certification. The company Starbucks has been one of the consistent awardees of and it is known to be one of the ethical companies that have proceeded with the various Corporate Social Responsibility programs. In March 2005, Ethiopia has filed the names Yirgacheffe, Harrar, and Sidamo with the U.S. Patent and Trademark Office. As such names are the regional traits of the country; the three coffees that have been producing with the country are known to be one of the finest coffee. Through the initial work for the trademark, such names have arisen from the Ethiopian governments and it has been known to be one of the commercial advantages. The country is known to be a key deriving by applying for the trademark due to holding a distinct name and it wanted to attain the exclusive ownership and from the Ethiopian coffee names, that would gain from the world market and even maintain a large portion of coffee sales and even cover the lucrative market see it. The country Ethiopia is known to be one of the l licensing agreements with coffee retailers that would be consequently be increasing the income and there would be an obligation from the Ethiopian farmers. As the country enjoys a strong reputation and there would be a country association associated with it, it is important to protect the national heritage of the coffees and even command a very high retail price within the international market. Now, as far, there is only 5 to 10 percent of the belongingness of the retail price that has gone back to Ethiopia; and it is important to be the profit that could be shared and distributed in between the distributors and for the subsequent middlemen, that can be across the marketing sector. It is also important that countries. The country has also started with the cup of cappuccino that has been sold with the US$ 4, and it is important to grow the growers in Ethiopia and it is also developing across to the less then dollar a day (Pauwelyn 2016). It is also important to protect the rights of the farmers that have abandoned coffee production and it is necessary to protect for the returns and work in the engagement of the profitable narcotic plants. The case rests on the side of the strong ethical commitment that has outlined the case, for the corporate code, and observed for the products, across the coffee shops. Such beliefs and values can be stressed to work alongside for the stores. It is due to the trademark dispute that can work following Starbucks and Ethiopia and it has given a rise to the various criticisms that have directed over the coffee chain. Towards the questions, there has been a Starbucks’ decision that has applied to Ethiopia's application, which if allowed would give the livelihood of coffee farmers. Further, there has been a conflict that has risen with the Company's commitment and it is necessary for the social responsibility along with ethical sourcing (Patel, 2017).

The country Ethiopian government is seeking to narrow down the gaps and coexists in between the retail price that could cover the return to the producers, that can protect the intellectual property rights (IPRs) It is also important to narrow down the differentiating the coffee that has been placed within the market place and further to achieve the higher returns (Lester, 2018). During 2004, the government has also initiated with the Ethiopian Coffee Trademarking and Licensing Initiative (the Initiative) and to provide the solution that would have been divided in between the coffee farmers and further on how to receive their beans and as to how the retailers would be charged for the coffee as they have been part of the different countries. It is important to understand if the Ethiopian Fine Coffee can work in accordance to the Stakeholder Committee (the Stakeholder Committee) and there can be cooperatives, private exporters along with the Ethiopian Intellectual Property Office (EIPO) that could connect with the government bodies (Lester, 2017).

Identification of the Legal Issues

IP Management

The EIPO has been covered with the vast leadership and there has been a major initiative that could rise and work alongside, with the mechanism that could attain a greater share and also have the higher country’s coffee growers. Through the initiative, there can be higher retail prices that cover the Harrar, Sidamo along the Yirgacheffe – and it is important to attain the coffee brands of Ethiopia (Gibson, 2016). The theory has been the highest payer that can cover the bigger. Access and has included the big companies that can do what seems to be right and how much for the skills or financial means. It is also an important recognition of the brands that would cover the international markets and finally establish the long term demand for them (Garg, 2019).

The company's key strategy has been to cover the Stakeholder Committee that can work with a higher recognition that could cover the Ethiopian coffees. The brand has been placed, over the expanding specialty coffee market; and with time, the country has to cover Ethiopia's ownership and for better misappropriation. The company also aims to share the higher retail prices that could cover the demand of the Ethiopian coffee as to would go to the rural producers. the government's decision, to work and also in line with the best use IPRs can be obtained with the ownership of Ethiopian coffee names, and it would be important to expand over the international recognition and even work for the maximize returns (Flaga-Gieruszyńska, 2019). The company has the issue of the registration that could be faced over Ethiopian coffee and with the geographical indication (GI) that would be the best course of direction. The country has even expanded with Ethiopia and it is important to work across the different set regions and to work in the famous (Frolova, et al, 2018). The company has also shown the rich workings across the circumstances to protect the production and even make GI registrations to be higher suitable than the intellectual property (IP) protection.

IP Dispute Resolution

The company is working with the vast majority of the trademark strategy that covers the Ethiopian coffee that has been faced with 2006. Through the United States Patent and Trademark Office (USPTO) the company has even approved over the application that could register the Yirgacheffe. The company would be working in line with the National Coffee Association (NCA), which has been identified with the coffee roasters and even with the United States, and it is necessary to protect he EIPO's applications for the trademark first Harrar, and for the Sidamo. The company that would be working the names that can also work with the generic description of coffee, and for the overall not eligible that could work for the registration as per the United States trademark law. The USPTO has even turned down the application for Harrar in 2005 and even for the Sidamo in 2006.

The company has faced the issue of experiencing the wide media, that has even been following the low driving force that could work for the NCA objection, and it can offer publicly to assist for the EIPO that can set over the national system of certification marks and for the farmers that could protect and core the coffee through the “robust” geographical indications (Flaga-Gieruszyńska, 2019). The company is also known to be experiencing the wide workings of the effective approach and there can be registering trademarks that could be described for the geographically and it is important for the contrary that can work with the general trademark law along with the custom. The company EIPO can also work with the disagreed. It is also important to be focused on geographical locations and to provide distinctive coffee types (Balwicki, 2018). Father, it is necessary for the intellectual property (IP) tools that can be chosen that could meet the specific needs and situations.

The IPO has even filed rebutted the USPTO decisions and there has been strong evidence for the terms like Harrar and Sidamo that can acquire the distinctiveness. It is also important to work in line with Starbucks and it is important for the Ethiopian government that could actively be resolving the differences by identifying the flexible ways to look forward. It is also important to focus on the announcement in 2006 and to reach out for the mutually satisfactory agreement that can work with the line of the distribution, marketing, and even for the licensing to be provided to Ethiopia’s specialty coffee designations and promote to provide recognition to the names of Harrar, Sidamo, and Yirgacheffe (Flaga-Gieruszyńska, 2019).

Financing and Partnerships

The case also provided inept issues of the secured financial support that was faced by the Department for International Development (DFID) of the UK, which has provided an insight over the Kingdom, and there has been a Washington-based non-governmental organization (NGO. The company also has a high cost of legal services and there has been foreign trademark registration that has created the problem with the initial difficulties. Ethiopia has not been a member of the Madrid system that can cover the international registration of marks (Flaga-Gieruszyńska, 2019).

Licensing

The company has acquired the trademarks, Ethiopia has also sought the -free licensing scheme and the purpose was to recognize and be able to distribute the across trademarks use. It is also the reputation that could work with the reputation and good that can cover the specialty coffees that would be related to the trademarks.” The government coffee can work for the highest market visibility that could demand the highest export premium that could be provided with the highest share (Flaga-Gieruszyńska, 2019)..

Impacts of the Ethiopian Initiative

The Ethiopian Coffee Trademarking and Licensing Initiative set a new dimension in the buyer-seller relationship. The significance of the Initiative is likely to go not only beyond the coffee trade but also beyond the borders of Ethiopia (Flaga-Gieruszyńska, 2019).. Producers of primary goods in many developing countries often receive only marginal returns. The Initiative has created the momentum for change and bears the potential to offer more feasible ways to improve the commercial prospects and financial returns for marginal producers of coffee or other similar commodities. For developing countries, a new frontier is set to leverage benefits from their IP assets (Flaga-Gieruszyńska, 2019).

Branding

The company is known to be under the profile dispute with Starbucks that has increased with the popularity and there would be Ethiopian coffee. It is also important that can be based on the media coverage that can be working with the effect of greatly and it is the public knowledge and it is important to work for the Ethiopia’s coffees. “The price is of the Yirgacheffe has increased by the $ 0.60 cents to $ 2 a pound. It is important to resolve the stakeholders interest and work for the approved July 2008 under the four brands that have been identified with the name “Ethiopian Fine Coffee” and there can be “Harar Ethiopian Fine Coffee,” “Yirgacheffe Ethiopian Fine Coffee” and “Sidamo Ethiopian Fine Coffee” (Flaga-Gieruszyńska, 2019). .

Explanation of the ICJ, Court or Tribunal’s Decision

It started with the Starbucks that has expanded since the Seattle first operation in the 1971 and now it has expanded across the 16,000 locations over the 50 countries (Lester, 2018). The company CEO and Chairman Howard Schultz’s has the desire to bring the best quality coffee bean traditions of Starbucks that could merge with the European coffeehouse. The company can bring more than the rich culture “West Coast Yuppie fad.” The company has expanded with the increased market share, sales, and even with the profit margins, loyalty along with market awareness. The company has initiated with the strong ethical values and with the corporate social responsibility, that could help to expand with the commitment to serve the highest-quality and to trade from the today and the future, with the worth more than 3.2 billion dollars. The company has also expanded with the intellectual property strategy. During August 2010, Starbucks has also applied for the 241 trademark applications within the United States Patent and Trademarks Office (USPTO). And the company has not been shy off to intellectual property and it is important to the woman that has been named as the “Sam Buck” and they have been calling the coffee shop “Sawbucks (Kang, 2020). “The company is known to protect its name and the brand image and there can be a defense that could belong to the firm's trademarks backfires. The company is known to be under the trademark dispute and has been following the government of Ethiopia for the specialty coffee “Sidamo.” “Sidamo” has been known and referred to as the Sidamo region of Ethiopia. The country is known to be an original and also one of the key birthplace country place from which it has been identified, it is also one of the poorest countries across the globe (Hoagland, 2020). The country has by far known to be one of the organ places of the population, 44 percent has been living under the national poverty line in 2000. The country has been having Ethiopia's primary export and there has been an economic performance that would cover the coffee sector. The company Starbucks is known to be one of the purchasers of the fine brands and of the specialty coffees that have resulted in the selling of the premium that has covered into the retail market. Ethiopian farmers have been known to be one of the organs of the position that can benefit and can even cover with the high prices that have been covered with the superior coffees. Such as, a pound of Starbucks' roasted Shirking Sundried Sidamo that can be sold for the $26 in 2007, and there has been an average e of the farmers that have covered across over with the $1.45.

Significance of The Case in International Law

The country Ethiopia is known to be one of the licensing agreements with coffee retailers that would be consequently be increasing the income and there would be an obligation from the Ethiopian farmers. The country is known to be a key deriving by applying for the trademark due to holding a distinct name and it wanted to attain the exclusive ownership and from the Ethiopian coffee names, that would gain from the world market. It is also important that countries. Now, as far, there is only 5 to 10 percent of the belongingness of the retail price that has gone back to Ethiopia; and it is important to be the profit that could be shared and distributed in between the distributors and for the subsequent middlemen, that can be across the marketing sector. The country has also started with the cup of cappuccino that has been sold with the US$ 4, and it is important to grow the growers in Ethiopia and it is also developing across to the less then dollar a day (Pauwelyn 2016). Even maintain a large portion of coffee sales and even cover the lucrative market see it. As the country enjoys a strong reputation and there would be a country association associated with it. It is also important to protect the rights of the farmers that have abandoned coffee production and it is necessary to protect for the returns and work in the engagement of the profitable narcotic plants. It is important to protect the national heritage of the coffees and even command a very high retail price within the international market.

Conclusion on Starbucks vs. Ethiopia Case Study

It is concluded, that the Ethiopian coffee is also known for the rich culture and society and there are approximately 15 million people directly or indirectly people that are actively working within the Ethiopian coffee industry. It is also important to note some of the world’s finest coffees, for example, Harrar®, Sidamo®, and Yirgacheffee® that have started to originate within Ethiopia. the coffees that have a unique flavor, along with aroma which can distinguish some of the coffees from the rest of the global countries. It is also how the countries like the rich flavors, aromas are due to the special coffee beans in Ethiopia. Towards, the dispute which arose was the Starbucks application for the name of the Shirking Sun-Dried Sidamo which was the legal trademark name and there was also the successful application, that was going around globally and with the trademark owner, and it is also the ability to reach out the using the masses with the important decision making.

References for Starbucks vs. Ethiopia Case Study

Balwicki, Ł., Stokłosa, M., Balwicka-Szczyrba, M., & Tomczak, W. (2016). Tobacco industry interference with tobacco control policies in Poland: legal aspects and industry practices. Tobacco Control25(5), 521-526.

Frolova, E. E., Polyakova, T. A., Dudin, M. N., Rusakova, E. P., & Kucherenko, P. A. (2018). Information security of Russia in the digital economy: the economic and legal aspects. Journal of advanced research in law and economics9(1 (31)), 89-95.

Flaga-Gieruszyńska, K. (2019). The Role of a Court Expert in Determining the Sale Price of an Enterprise or Individual Assets in the Polish Bankruptcy Law—Selected Legal Aspects. Effective Investments in Capital Markets (pp. 79-92). Springer, Cham.

Garg, R. (2019). Issues in Insolvency of Enterprise Groups. Journal of National Law University Delhi6(1), 50-64.

Gibson, J. (2016). Community resources: intellectual property, international trade, and protection of traditional knowledge. Routledge.

Hoagland, D. W. (2020). Enterprise Law of the '80s. Routledge.London. The UK.

Kang, T. (2020). One Of The Most Frequently Discussed Issues In International Investment Arbitration: State-Owned Enterprise. Talent Development & Excellence12(2).

Lester, S., Mercurio, B., & Davies, A. (2018). World trade law: text, materials, and commentary. Bloomsbury Publishing.

Meyer, F. V. (2017). International trade policy (Vol. 14). Routledge.London. The UK.

Patel, N. (2017). An emerging trend in international trade: a shift to safeguard against ISDS abuses and protect host-state sovereignty. Minn. J. Int'l L.26, 273.

Pauwelyn, J. H., Guzman, A., & Hillman, J. A. (2016). International trade law. Wolters Kluwer Law & Business.

Pavlenko, O., Triakina, O., Garmash, E., Bogdanova, E., Jeifets, V., Babayev, I., ... & Zafeiropoulos, P. (2019). Facilitation and security of international trade: innovative mechanisms and instruments. Routledge.London. The UK.

Pylypenko, A. A., Savytska, N. L., Vaksman, R. V., Uhodnikova, O. I., & Schevchenko, V. S. (2019). Methodical Maintenance of Management of Logistic Activity of the Trade Enterprise: Economic and Legal Support. Journal of Advanced Research in Law and Economics10(6 (44)), 1723-1731.

Yi, L., & You, Y. (2018, August). A Study on Bilingual Talents Cultivation Model of International Trade Practices from the Perspective of Production-education Integration and School-enterprise Cooperation. In the 8th International Conference on Education, Management, Information, and Management Society (EMIM 2018). Atlantis Press.

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