Do you have a link to an article in English explaining some of the
background ? It would help to know a little more of the context.
Just guessing wildly, you might look to see if trade laws have been
violated. The last years have seen a fad where services and suplies must
be bid for on the open market and there are usually rather exact rules
about how the bidding process is to focus on capabilities and not specific
particular brands or products.
i.e. You have to say and solicit bids for 'photocopier' not just 'Xerox'
or bids for 'notebook computers' not just 'iBook' etc.
You'll probably know the trendy phrases being used there to talk about
'putting things in competition' and can bend them back onto the violators.
If they're going to talk the talk, they must also walk the walk.
The example below is from the North American Free Trade Agreement (NAFTA)
but there is, somewhere, a similar publication from the World Trade
Organization (WTO).
Best regards,
-Lars
For example, NAFTA Chapter Article 1007 (Technical Specifications)
http://www.mac.doc.gov/NAFTA/chapter10.html#1007
states:
2. Each Party shall ensure that any technical specification
prescribed by its entities is, where appropriate:
(a) specified in terms of performance criteria rather
than design or descriptive characteristics; and
(b) based on international standards, national technical
regulations, recognized national standards, or building
codes.
3. Each Party shall ensure that the technical specifications
prescribed by its entities do not require or refer to a
particular trademark or name, patent, design or type, specific
origin or producer or supplier unless there is no sufficiently
precise or intelligible way of otherwise describing the
procurement requirements and provided that, in such cases, words
such as "or equivalent" are included in the tender documentation.
4. Each Party shall ensure that its entities do not seek or
accept, in a manner that would have the effect of precluding
competition, advice that may be used in the preparation or
adoption of any technical specification for a specific
procurement from a person that may have a commercial interest
in that procurement.
Lars Noodén ([EMAIL PROTECTED])
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