I.

MARKETING
LEAD-IN 1a Read the following text about marketing and pay attention to the highlighted terms.

Marketing is the craft of linking the producers of a product or service with customers, both existing and potential. Contrary to the popular conception according to which marketing is just about promotion, it includes the following four areas of activity:
(i) (ii) (iii) (iv)

Product (management) deals with the specifications of the actual product or service and how it relates to the end-users needs and wants; Pricing refers to the process of setting a price for a product, including discounts; Promotion* includes advertising, publicity, word of mouth, and personal selling, as well as the various methods of promoting the product, brand, or company; Place or distribution refers to how the product gets to the customer; for example, point of sale placement or retailing.

These four elements make up the marketing mix, also known as the Four Ps of marketing. A fifth P, which is sometimes added, is packaging, that is, all the materials used to protect and present a product before it is sold. A marketer* will use these variables to craft a marketing plan. For a marketing plan to be successful, the mix of the four Ps must reflect the wants and desires of the consumers in the target market. Marketers depend on marketing research to determine what consumers want and what they are willing to pay for. Marketers hope that this process will give them a sustainable competitive advantage. Marketing management is the practical application of this process.
(adapted from http://en.wikipedia.org/wiki/Marketing)

*promotion also means (a) in an organisational hierarchy system: the advancement of rank or position (the opposite is demotion); (b) in sports leagues: the mandated transfer of the best team(s) of a lower league into a higher league at the end of the season (the opposite procedure is relegation) *marketer (a) someone who works in the area of marketing; (b) an organisation that sells particular goods or services 1b iv). 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12_ 13) Associate the following aspects with one of the four areas of marketing presented above (iwhether there should be quantity discounts; what existing products to discontinue; what product(s) to produce and sell; where should the product or service be available; how to disseminate information about a product, product line, brand, or company; how long it will take for a product to penetrate the market; how much to charge for a product or service; how much it will cost to keep an inventory of products on store shelves and in channel warehouses; what sort of payments should be accepted; how to increase sales; whether to use a price skimming strategy or a penetration pricing strategy; what brand name to use; whether there are supply chain/physical distribution and logistical issues to deal with;

14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) 29) 30) 31) 32) 33) 34)

what image you want the price to convey; whether to use a product differentiation* strategy; how important customer price sensitivity and price elasticity are; how to balance a product portfolio*; whether there are legal restrictions on retail price maintenance, price collusion*, or price discrimination; what logo to use; when the product or service should be available; how to create a corporate image; whether multi-level marketing channels should be used; planned obsolescence* considerations; whether electronic methods of distribution should be used; how to support a product with advertising, publicity, or special activities; what prices the competitors are charging; who should control the channel/who should the channel captain be; what the best product positioning* is; whether channel relationships should be informal or contractual; whether zone pricing (different prices in different geographical areas) should be applied; whether to use individual branding or family branding; where/when the product or service should be available; whether there is any danger of getting involved in a price war; whether the product should be distributed through wholesale.

*product differentiation making ones product as different as possible from its competitors by means of brand names, attractive packaging, etc. so that buyers may recognise and buy the product of their choice *product portfolio range of products *price collusion agreement between a group of companies to fix a common price to avoid competition *obsolescence becoming out of date; planned obsolescence the replacement of goods, not because they are worn out, but because the owners have been persuaded to buy new goods by the pressure from advertisers *product positioning how a company would like a product to be seen in relation to its other products, or to competing products 2 Read the following text about various pricing methods. For each blank (1-20), derive the appropriate word from the words given in CAPITALS at the end of each gapped line. There is an example at the beginning (0). A well chosen price should do three things: achieve _0_ profitability, fit the __1__ of the marketplace (will customers buy at that price?), support a product positioning and be consistent with the other __2__ in the marketing mix. From the __3__ point of view, an __4__ price is a price that is very close to the maximum that customers are prepared to pay. In __5__ terms, it is a price that shifts most of the consumer surplus to the producer. Price lining is the use of a limited number of prices for all your product __6__. This is a tradition started in the old five and dime stores in which __7__ cost either 5 or 10 cents. Its underlying __8__ is that these amounts are seen as suitable price points for a whole range of products by perspective customers. It has the advantage of ease of administering, but the disadvantage of __9__, particularly in times of inflation or __10__ prices. A __11__ leader is a product that has a price set so low that it acts as a promotional device and draws customers into the store. PROFIT REAL VARY MARKET EFFECT ECONOMY PRODUCE OFFER THING RATIONAL FLEXIBLE STABLE LOSE PROMOTE

The price/quantity relationship refers to the __12__ by most consumers that a __13__ high price is a sign of good quality. The belief in this relationship is most important with complex products that are hard to test, and __14__ products that cannot be tested until used (such as most services). The greater the __15__ __16__ a product, the more consumers depend on the price/quantity hypothesis and the more of a premium they are prepared to pay. Premium pricing (also called prestige pricing) is the strategy of pricing at, or near, the high end of the possible price range. People will buy a premium priced product because they believe the high price is an __17__ of good quality; they believe it to be a sign of self worth: they are worth it, it __18__ their success and status. It is a signal to others that they are members of an exclusive group; and they require __19__ performance in this application. The cost of product __20__ is too high to buy anything but the best.

PERCEIVE RELATE EXPERIMENT CERTAIN ROUND

INDICATE AUTHENTIC FLAW FUNCTION

(http://en.wikipedia.org/wiki/Pricing_methods)

3a Read the text below about brands and decide which word A, B, C or D best fits each blank (1-20). There is an example at the beginning (0). Brands A brand takes the _0_ form of a symbolic construct created by a marketer to represent a collection of information about a product or __1__ of products. This symbolic construct typically consists of a name, identifying __2__, logo, visual images or symbols, or mental concepts that distinguish the product or service. A brand often carries connotations of a products promise the point of __3__ of a product or service among its competitors which makes it special and unique. Marketers attempt __4__ a brand to give a product a personality or an image. Thus, they hope to brand, or burn, the image into the consumers __5__; that is, associate the image with the products __6__. Because of this, a brand can form an important element of an advertising theme: it serves as a quick __7__ to show and tell consumers what a supplier has offered to the market. Brands originated with the 19th-century __8__ of packaged goods. Industrialization moved the production of many household items, such as soap, from local communities to centralized factories. __9__ factories, cursed with mass-produced goods, needed to sell their products in a wider market, to a customer __10__ familiar only with local goods. It quickly became __11__ that a generic package of soap had difficulty competing with familiar, local products. The packaged goods manufacturers needed to convince the market that the public could __12__ just as much trust in the non-local product. Well known products acquire brand recognition. When a brand has __13__ a mass of positive sentiment among consumers, marketers say that its owner has acquired brand equity. A brand name __14__ that part of a brand consisting of words or letters that humans can verbalize. A brand name that has acquired legal protection becomes a trademark. Branding has become part of pop __15__. Numerous products have a brand identity: from __16__ table salt to designer clothes. Non-commercially, branding can also apply to the marketing of __17__ which supply ideas or promises rather than goods and services such as political parties or religious organizations. Consumers as a group may look on the brand as an important aspect of a product, and it can also __18__ value to a product or service. It carries the reputation of a product or company. A branded laundry detergent may sell twice as much as a store-brand detergent. __19__ the two products may resemble each other closely in almost every other respect, people have learned to regard the branded product as superior, and to believe that because it costs more it __20__ better quality.
(http://en.wikipedia.org/wiki/Brand)

0 1

A structure A number

B image B collection

C form C assembly

D shape D group

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

A mark A divergence A by A brains A character A way A advancement A Those A base A likely A locate A developed A implies A culture A common A items A combine A Since A gives

B type B difference B through B memory B qualification B solution B advent B Some B basis B probable B set B advanced B comprises B education B often B units B add B Yet B lends

C sign C variety C in C consciousness C quality C answer C attainment C Other C platform C apparent C place C expanded C involves C experience C frequent C entities C join C Because C offers

D trace D distinction D with D mind/ D condition D sort D descent D These D basics D visible D store D accumulated D comprehends D knowledge D customary D unions D mix D Although D bids

3b This excerpt is about types of branding. Think of the word that best fits each space (1-10). Use only one word in each blank. There is an example at the beginning (0). A premium brand typically costs more than _0_ other products. An economy brand is a brand targeted __1__ a high price elasticity market segment. A fighting brand is a brand created specifically to counter a competitive threat. When a companys name is used as a product brand name, this is referred to as corporate branding. When one brand name is used for __2__ related products, this is referred to as family branding. When __3__ a companys products are given __4__ brand names, this is referred to as individual branding. When a company uses the brand equity associated with an existing brand name to introduce a new product __5__ product line, this is referred to as Brand Leveraging. When large retailers buy products __6__ bulk from manufacturers and put their own brand name on them, this is called private branding. Private brands can be differentiated from manufacturers brands, also referred to as National Brands. When __7__ or more brands work __8__ to market their products, this is referred to as Co-Branding. When a company sells the rights to use a brand name to another company __9__ use on a non-competing product or in __10__ geographical area, this is referred to as brand licensing.
(http://wikipedia.org/wiki/Brand_management)

3c The 2001 ranking of the 100 most valuable brands worldwide by Business Week magazine contained 62 American, 30 European, and 6 Japanese brands. Can you give some examples of prominent American, European and Japanese brand names? Complete the table below with the information required, as in the example provided. Brand Lego Hersheys Boeing BP Qantas Ikea Nestl Telstra The Gap Country? Denmark Product? toys

Cadbury Canon Woolworths Sony BRIO Rip Curl Columbia Records Nintendo Guinness 4a Read the text below about sustainable competitive advantage and think of the word which best fits each blank space (1-30). There is an example at the beginning (0). Competitive advantage In marketing and strategic management, sustainable competitive advantage is an advantage that one firm _0_ has relative to competing firms. It usually originates in a core competency. To be really effective, the advantage __1__ be difficult to mimic, unique, sustainable, superior to the competition, and applicable to multiple situations. Examples of company characteristics that __2__ constitute a sustainable competitive advantage include: customer focus superior product quality extensive distribution contracts accumulated brand equity and positive company reputation low-cost production techniques patents and copyrights government protected monopoly superior employees and management team. The list of potential sustainable competitive advantage characteristics is very long. __3__ there are some commentators that claim that in a fast changing competitive world, __4__ of these advantages can be sustained in the long run. They claim that the __5__ truly sustainable competitive advantage is to build an organization that is so alert and so agile __6__ it will always be able to find an advantage, no matter what changes __7__. A companys core competency is the __8__ thing that it can do better than its competitors. A core competency can be __9__ from product development to employee dedication. __10__ a core competency yields a long-term advantage to the company, it is __11__ to be a sustainable competitive advantage. The concept of core competencies was __12__ in the management field. C K Prahalad and Gary Hamel (1990) introduced the concept in a Harvard Business Review article. They wrote that a core competency is an area of specialized expertise that is the __13__ of harmonizing complex streams of technology and work activity. As an __14__, they gave Hondas expertise in engines. Honda was able to exploit __15__ core competency to develop a variety of quality products from lawn mowers and snow blowers to trucks and automobiles. To __16__ an example from the automotive industry, it has __17__ claimed that Volvos core competence is safety. Ever since Prahalad and Hamel introduced the term in the 1990s, many researchers __18__ tried to highlight and further illuminate the meaning of core competence. According to Leonard-Barton, D. Capabilities are considered core if they differentiate a company strategically. On the other hand, Galunic and Rodan (1998) argue that a core competence differentiates not only between firms but also inside a firm it differentiates __19__ several competencies. In other words, a core competency guides a firm recombining __20__ competencies in response to demands from the environment. It is important to __21__ between individual competencies or capabilities and core competencies. Individual capabilities stand __22__ and are generally considered in isolation. Gallon, Stillman, and

Coates (1995) __23__ it explicit that core competencies are __24__ than the traits of individuals. They defined core competencies as aggregates of capabilities, __25__ synergy is created that has sustainable value and broad applicability. That synergy __26__ to be sustained in the face of potential competition and, as in the __27__ of engines, must not be specific to one product or market. So __28__ to this definition, core competencies are harmonized, intentional constructions. Coyne, Hall, and Clifford (1997) proposed that a core competence is a combination of complementary skills and knowledge bases embedded in a group or team that __29__ in the ability to execute one or more critical processes to a world class standard. Two ideas are especially important here. The skills or knowledge must be complementary, and taken __30__ they should make it possible to provide a superior product.
(http://en.wikipedia.org/wiki/Marketing_Management)

4b Below is an example of core competency. Choose the appropriate product names from the box to complete the description. charging processors sprayers can mowers blowers saws percolators hedge work toaster busters bread lights rotary

Black and Deckers core technological competency is in 200 to 600W electric motors. All of their products are modifications of this basic technology with the exception of their __1__ benches, flash __2__, battery __3__ systems, __4__ ovens, and coffee __5__. They produce products for three markets: the home workshop market drills, circular __6__, sanders, routers, __7__ tools, polishers, and drivers; the home cleaning and maintenance market dust __8__, vacuum cleaners, __9__ trimmers, lawn __10__, leaf __11__, and pressure __12__; the kitchen appliance market __13__ openers, food __14__, blenders, __15__ makers, and fans.
(adapted from http://wikipedia.org/wiki/Core_competency)

5 Below is a list of past and current/future trends in marketing management. Complete the table according to the examples provided. Past using tactics short-term focus on profitable transactions Present/Future focusing on marketing strategies building customer lifetime value

using tactics focusing on marketing strategies building customer lifetime value short-term focus on profitable transactions sales built through advertising segmented in depth especially on behavioural variables like usage rate, loyalty, or benefit organised by product units everyone in the company doing some marketing focus on capturing new customers brands built through a coordinated integrated marketing strategy involving all points of contact between the company and the public performance measured by financial metrics

marketing department exclusively responsible for the marketing individual and hierarchical work structures segmented on geographic or demographic variables performance measured by financial, strategic, and marketing metrics organised by customer segment cross functional teams emphasis on keeping existing customers

READING 1 A trademark is a distinctive name, phrase, symbol, design, picture, or style used by a business to identify itself and its products to consumers. If the business identified is a service rather than a product, the mark is sometimes called a service mark. Skim the article below about trademarks and choose the most suitable heading for each section (1-5) from the list below (A-E). A B C D E Consumer protection and confusion Policing trademarks: abandonment and genericism Protectable marks and secondary meaning Uses Comparisons to copyright and patent law Trademarks ______1______ In text and advertising one often sees the symbol trade next to a phrase or image that a company thereby claims as a trademark, or the symbol reg, which signifies that the trademark or service mark has been registered with the relevant trademark registry. Trademarking is a central legal component for corporate branding. In many countries colours (such as the colour orange for champagne and the colour brown for parcel delivery), three-dimensional marks, sounds, and even smells are also capable of trademark protection. In the European Union, for example, the smell of cut grass has been registered in respect of tennis balls. In the United States, the Metro-Goldwyn-Mayer sound of a roar of a lion has been registered in respect of motion pictures. The main purpose of trademark law is to protect the public from being confused or deceived about the origin and quality of a product. This is accomplished by the mark owner preventing competitors from using a mark that the consuming public is likely to confuse with theirs, whether because it is identical (such as another computer manufacturer calling themselves Apple Computer/Apple) or sufficiently similar (such as a soft drink called Popsi, to mimic Pepsi though the similarity need not be that great). A trademark is protected when the law allows the mark owner to stop competitors from infringement by these confusingly similar marks. Though registration is available in most countries, showing conclusive right to use the registered mark, many jurisdictions (in common law* countries, at least) will still protect unregistered marks as long as the owner claiming infringement can prove ownership through earliest and consistent use. It is not necessary for an infringing use to be intentional, though damages in an infringement lawsuit will be greater if there was intent to deceive. ______2______ A trademark is not treated strictly as property because certain words must remain free to identify or describe a class of products in general, to ensure both consumer understanding and competition in the given market (or simply for everyday use). For this reason, a generic term will not be protected (for example, Apple as used for apples), or, absent the development of public association with a

particular source known as secondary meaning, marks that are merely descriptive of the goods concerned (red or juicy for apples), or those marks that are merely a surname or geographically descriptive. In some jurisdictions, secondary meaning may be presumed if the trademark user can prove exclusive use of the mark for a defined period of time. Otherwise, tools such as consumer surveys may be used as evidence to show that the public will chiefly associate the descriptive word or surname with the trademark user and his product. Worthy of more protection are suggestive marks, which involve more imagination on the part of the consumer to understand a quality of the product than merely descriptive marks (such as the Mercury image for FTD suggesting delivery speed), and arbitrary marks, which are common words but used in a context in which they have no meaning (such as Apple Computers/ Apple for computer). Fanciful marks get the most protection, being invented words or terms (such as Kodak). Though these categories most easily apply to word marks, graphic elements are also evaluated similarly. For example, a pine tree shape is descriptive when used on pine-scented products. Most jurisdictions exclude some categories of terms and symbols from ever gaining protection as trademarks. In addition to generic terms, described above, this may include marks used for official government business (such as national flags), marks that are deceptive regarding the nature or origin (including geographic origin) of the product, and marks that are offensive or obscene. ______3______ By identifying the source of goods or services, trademarks help consumers to identify their expected quality and assist in identifying goods and services that meet the individual consumers expectations. Trademarks also fix responsibility. Without trademarks, a sellers mistakes or low quality products would be untraceable to their source. Therefore, trademarks provide an incentive to maintain a good reputation for a predictable quality of goods. For example, a consumer that purchases and likes Nabisco Premium saltines has a reasonable expectation that Nabisco Premium saltines found anywhere in the United States will be of uniform taste and quality. Failure to maintain consistent quality can lead to abandonment of a mark, when the law will no longer protect the trademark because it has ceased to function as an indicator of a particular product. Marks may also be abandoned by naked licensing, which involves the owner granting rights to use the mark to another party without sufficiently controlling how or on what they use it. The mark is then released for general use. Because the emphasis is on consumer protection, the user of a trademark does not own the mark in the same way that it may own a copyright. With some exceptions, the protection of a trademark is limited to certain markets, which can be defined by either the type of product or service, or even a particular geographic area. For example, though Lexis-Nexis/Lexis and Lexus are confusingly similar marks, using the former for a news and information service and the latter for luxury cars means that the public is not likely to confuse one while looking for the other, and so neither can restrict the other's use. A trademark may also be limited geographically, if it can be determined that products or services do not compete because of the physical separation of their markets. Considering the national and even global nature of most manufacturers and distributors, the reach of print and broadcast advertising, and the disregard of the internet for geographic boundaries, this limitation is likely to be an issue in fewer and fewer cases. The market-specific limitation is not interpreted strictly. Instead, attention is given to how closely related markets are (such as pancake mix and pancake syrup), or how likely it is that the mark owner will bridge the gap and move into the other product or geographic market. ______4______ Trademarks must be actively used and defended. A company claiming (even registering) a trademark that fails to make active use of it, or fails to defend it against infringement, may lose the exclusive right to it. Aside from inconsistent product quality, failure to use the mark for a period of time (often statutorily defined) will result in abandonment of the mark, meaning that it is available to anyone to use. An abandoned mark is not irrevocably in the public domain but instead can be reregistered by anyone who has regained exclusive and active use, including the original mark owner.

Further, if a court rules that a formerly trademarked term has become genericized/generic trademark through common use (such that the average consumer doesnt view it as a trademark), it may also be ruled invalid. For example, the Bayer companys trademark Aspirin has been ruled generic in the United States, so other companies may use that name for acetylsalicylic acid as well (though it is still a trademark in Canada). Xerox for copiers and Band-Aid for adhesive bandages are both trademarks that are at risk of becoming generic, which both brands actively try to fight. In order to prevent them from becoming generic, and to prove that they are attempting to defend the trademark, trademark owners often contact those who appear to be using the trademark incorrectly, from web page authors to dictionary editors, and request that they cease the improper usage. For example, Adobe sent e-mails to many web authors using the term photoshopped telling them that they should only use the term modified by Adobe® Photoshop® Xerox has also taken out print advertisements declaring that you cannot xerox a document, but you can copy it on a Xerox Brand copying machine. Such efforts may or may not be successful in preventing genericism in the long run, which depends less on the mark owners efforts and more on how the public actually perceives and uses the mark. In fact, legally it is more important that the trademark holder visibly and actively seems to attempt to prevent its trademark from becoming generic, regardless of real success. One principle of trademark law in various jurisdictions in Europe is that of wrongful threats, which is designed to prevent large corporations from bullying smaller companies. Where one person makes a threat to sue another for trademark infringement, without a genuine basis or intent to carry out that threat, the threat itself becomes a basis for legal action. This power is used quite frequently; in addition to the obvious cases where the person threatening never had a trade mark, it catches out foreign corporations who have a trade mark in their home jurisdiction but not in the country concerned and companies who have a trade mark which has lapsed or, if the mark is not strong enough for dilution protection, is not for the goods/services concerned. The final group who get caught by this provision are those claimants/plaintiffs who sue, and find that the court agrees with a defendant who claims that the mark is invalid for some reason (such as non-use). In that case the mark was never valid, and thus all threats to sue on it were groundless; the defendant can walk away with damages from the claimant. ______5______ While trademarks protect indications of product source, copyrights protect literary and artistic works, and patents protect useful designs. While those concepts of intellectual property may be separable in theory, in practice many features of products may be placed in more than one category. The shape of a bottle may be eligible for patent protection, for example, but also may come to serve as a unique indicator of the manufacturer and thus as trade dress. Titles and character names from books or movies may also be protectable trademarks, while the work as a whole falls under copyright protection. Especially in countries such as the U.S., where copyrights and patents eventually expire into the public domain but trademarks do not, drawing these lines can be very necessary but extremely difficult for lawyers and judges. Unlike patents and copyrights, which in theory are granted for one-off fixed terms, trademarks remain valid as long as the owner actively uses and defends them and maintains their registrations with their jurisdictions trademark registry. This often involves paying a periodic renewal fee.

Unlike trademarks, there is no abandonment in copyright or patent law. A copyright or patent holder may sit on his creation and prevent its use. Additionally, copyright and patent owners do not necessarily have to actively police their rights. However, a failure to bring a timely infringement suit against a known infringer may give the defendant a defense of implied consent when suit is finally brought.
(http://www.englishnetlinks.homestead.com/files/Business.htm)

*common law case/ precedental/ judge-made law; a system of law used in English law, all of the states of the United States (except Louisiana) and other former British possessions, such as Australia, Canada, India, and Ireland; derived from the body of rulings made by a countrys courts

2 Read the text more attentively and choose the answer (A, B or C) which you think fits best according to the text. 1) Trademark protection A is valid for registered trademarks only. B is not effective for unregistered trademarks. C may apply to both registered and unregistered trademarks. Trademark law may be applicable when ownership of trademark is A infringed either intentionally or unintentionally. B purposefully infringed. C infringed without intention. The least protectable trademarks are A marks with secondary meaning. B coined marks. C arbitrary marks. Trademarks help mainly A customers to identify goods and services. B owners to meet customers expectations about product specifications. C customers to trace low-quality goods and services. A trademark can become invalid when A the owner fails to meet quality expectations. B it loses its distinguishing power for such reason as non-use. C both A and B occur. Trademark holders fight genericism A by appealing to the trademark protection law. B on their own through any medium available. C by sending print warnings to those who misuse their marks. When it comes to compare trademarks, patents and copyrights, A its always easy to distinguish among these forms of intellectual property. B patents and copyrights are valid for one given period of time. C validity length for trademarks may be extended but only if a fee is paid.

2)

3)

4)

5)

6)

7)

VOCABULARY 1a l). Sections 4 and 5 abound in legal terminology. Match the terms (1-12) to their definitions (a1) infringement 2) statutorily defined 3) rule (vb.) 4) jurisdiction 5) provision 6) defendant a) b) c) d) e) 7) defense (BE: defence) 8) claimant/plaintiff 9) lawyer 10) judge 11) sue 12) suit (n.)

give an official decision arguments used in defending oneself, especially in a court of law a person who brings a charge against someone (the defendant) in a court of law according to the law make a legal claim against someone

f) g) h) i) j) k) l) 1b 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12)

a public official who has the power to decide questions brought before a court of law abuse of ones rights; breach of law a person whose business is to advise people about laws, write formal agreements, or to represent people in court a person against whom a charge is brought in a court of law a case at law; trial the right to use the power of an official body, especially to make decisions on questions of law a condition in an agreement or law Complete the sentences below with vocabulary from 1a. The court has _____ in favour of the sacked employee. The prisoners _____ was rather unconvincing. It was ruled that the defendant pay damages to the _____. A new retiring age has been _____ defined. According to the _____ of the contract the interest on the loan must be paid monthly. This conflict is not to be treated lightly. I think you should consult a _____. This is a(n) _____ of our nations fishing rights. The UN court has no _____ over non-members. A _____ is considered to be innocent until the police and the lawyers have proved his/her guilt to the jury. He was _____ for breach of contract. The victims have started a _____ to get compensation for their injuries. The _____ sentenced her to two years imprisonment.

2a Here are some verb + market combinations. Explain their meanings and then make up your own sentences based on real facts. 1) enter/penetrate 2) dominate 3) monopolise 4) abandon/leave/withdraw from 5) drive X out of 6) research 7) saturate

a market

2b Market is often used in such collocations as market growth, market demand, market value; or loan market, target market, stock market; or firm market, soft market, open market. Find more such collocations in a business dictionary, on the Internet or in specialist publications. Share your list of collocations with your group. Be prepared to explain any term in case your colleagues ask you to. LANGUAGE FOCUS (1): TYPES OF SENTENCE 1 Study the following explanations of the structure of a sentence.

(i) A sentence is an expression of a thought or a feeling. A simple sentence can be as short as one word: Start! Usually, however, a sentence has two essential elements: a subject and a predicate. The following is a simple sentence in the purest of forms: (1) Trademarks must be defended.

The simple sentence can begin to get complicated when we use compound/homogeneous parts of a sentence (two or more subjects/predicates/objects, etc., or when we use modifiers: (2) In many countries, three-dimensional marks, sounds, and even smells are also capable of trademark protection. (3) A copyright or patent holder may sit on his creation and prevent its use. (ii) A compound sentence is made up of two independent clauses or simple sentences joined by a comma and a co-ordinating conjunction or adverb or asyndetically (without any conjunction). A compound sentence may be used when you wish to express two ideas that are equal in importance, as in (4) While trademarks protect indications of product source, copyrights protect literary and artistic works, and patents protect useful designs. (5) In that case, the mark was never valid, and thus all threats to sue on it were groundless. Independent sentences may be linked together by the following types of co-ordinating conjunctions and adverbs/adverbial phrases: Copulative (addition): and, not onlybut (also), neithernor, now, then, furthermore, besides, likewise, moreover, again, in addition, etc. Adversative (contradiction or contrast): but, still, yet, on the other hand, while, whereas, nevertheless, etc. Disjunctive (choice): or, eitheror, else, otherwise Resultative (inference, consequence, conclusion): so, therefore, then, thus, hence, accordingly, consequently Explanatory: for Below are shown some variations on the form of the compound sentence. The subject or the auxiliary verb or both can be omitted in the second clause if they are identical with those in the first clause, as in (6) The shape of a bottle may be eligible for patent protection, for example, but [the shape/it] may also come to serve as a unique indicator of the manufacturer and thus as trade dress. A compound sentence can combine closely related sentences by using a semicolon (;) instead of a co-ordinating conjunction: (7) In that case, the mark was never valid, and thus all threats to sue on it were groundless; the defendant can walk away with damages from the claimant. (iii) A complex sentence consists of at least one independent clause and at least one dependent clause/sub-clause. An independent clause is a simple sentence that can stand alone. A dependent clause is a group of words which contains a finite verb, but which cannot stand alone. An essential dependent clause contains information necessary to the meaning of the sentence. A nonessential dependent clause can be removed from the sentence without changing the meaning of the sentence. For example, the dependent clauses in (8) and (9) contain essential information, but the dependent clause in (10) does not, as genuine understanding is identified in itself. (8) In some jurisdictions, secondary meaning may be presumed if the trademark user can prove exclusive use of the mark for a defined period of time. (9) In a world as competitive as that of the telcos will be in coming decades, nothing may be taken for granted. (10) This requires a level of genuine understanding, which goes beyond rapidly acquired skills. Punctuating dependent clauses The only time that an essential dependent clause is set off from the rest of the sentence by a comma is when the essential dependent clause comes before the independent clause. Wherever it occurs, a nonessential dependent clause is set off by a comma or commas.

(iv) In a compound complex sentence a co-ordinating conjunction sometimes joins two complex sentences, or one simple sentence and one complex sentence, as in (11) In the late nineteenth century, mass manufacturers began to build their own cadres of salesmen, and in doing so, they developed the first modern sales forces as their use of salesmen set the pattern for companies in the decades that followed. (12) This did not mean that these businessmen were not primarily interested in profit, but rather that they harbored a deep enthusiasm and personal zeal for their enterprises, which they communicated to their sales forces According to their function in the sentence, dependent clauses can be divided into:

noun clauses (13) Another problem is that much of the research and background material is rapidly outdated as the pace of change accelerates.

adjective/relative clauses (14) Worthy of more protection are suggestive marks, which involve more imagination on the part of the consumer to understand a quality of the product than merely descriptive marks.

adverbial clauses (15) Failure to maintain consistent quality can lead to abandonment of a mark, when the law will no longer protect the trademark because it has ceased to function as an indicator of a particular product. 2 Go over the texts included in this unit and find at least two more examples of each type of sentence discussed above. LANGUAGE FOCUS (2): NOUN CLAUSES 1 Study the following explanations of noun clauses.

Like a noun, a noun clause acts as the subject or object of a verb or the object of a preposition, answering the questions who(m)? or what?. Noun clauses are introduced by the following subordinators: conjunctions: that, whether, if pronouns: who, what, which adverbs: when, why, where, how Noun clauses may function as (i) (1) (2) (3) (ii) (4) (5) (6) subject What they claim is shown by this quarters sales figures. It is likely that the mark owner will bridge the gap and move into the other product or geographic market. (anticipatory it) It is known that Tesco is market leader among UK supermarkets as it sells more than any other chain. subject complement Its underlying rationale is that these amounts are seen as suitable price points for a whole range of products by prospective customers. What they claim is that their products core competence is safety. That is why they have opened an oversees sales office.

(iii) (7) (8) (iv) (9) 2

object of a verb They argue that a core competence differentiates not only between firms but also inside a firm among several competences. The students asked their professor how the public can be protected from being confused or deceived about the origin and quality of a product. object of a preposition Instead, attention is given to how closely related markets are, or how likely it is that the mark owner will bridge the gap and move into the other product or geographic market. Read an article in English and write out examples of noun clauses. Make up your own examples following the various sentence patterns you have found in the article.

SPEAKING 1 Discuss the following question.

Can a poor product be made successful by clever marketing techniques? Think of some examples. 2 1) 2) 3) 4) 5) Think of a market that you are familiar with. Answer the questions below. Can competition in the market be described as intense/stiff/tough or low-key? How many competitors are there in this market? Who is the market leader? Who are the two key players? If one competitor increases its market share, can the others maintain their market share at the same level?

Prepare a two-minute presentation based on your answers to the above questions.