Following our webinar on the legal pitfalls of exporting, we ran a live Twitter Q&A on the very same topic.
Answering questions were @JamieHillUK @VirtuosoIP and @ElizabethMWard1. They were later joined by @ChamberInt_Team and @ChamberInt_Tim.
Here’s a look back at the questions and answers from the day.
@OpentoExport : Welcome everyone to today’s live #AsktheExperts export Q&A with us, @JamieHillUK and @VirtuosoIP. First question coming up…
Question 1: When do you need an export licence to export from the UK?
@VirtuosoIP: @OpentoExport As a rule of thumb, you need an export license to export anything which could be dangerous or subject to certain regulations.
Question 2: How do I find out if there are restrictions for my goods in my chosen market?
@VirtuosoIP: @OpentoExport This is a question that must be answered locally, the trade and investment departments of the country will have the info.
@OpentoExport: @JamieHillUK @VirtuosoIP We recommend using the Market Access Database – you find out relevant information for the country you export to
@JamieHillUK : #asktheexperts Great advice , link is here http://madb.europa.eu/madb/indexPubli.htm
Question 3: What do I do when there are restrictions for my goods in the country of destination?
@VirtuosoIP: @OpentoExport It depends on the circumstances – investigate further and be careful who you sell the goods to!
Question 4: How can I find out what the local product liability laws are in a my chosen market?
@VirtuosoIP: @OpentoExport This is a question that should be posed to your local distributor and a local lawyer if you can find one – it will be worth it
@ElizabethMWard1: @VirtuosoIP @OpentoExport a good freight or shipping agent is often a good source of local information about restrictions.
@VirtuosoIP: @OpentoExport #AskTheExpert product liability for some goods varies a great deal across the World. CHECK first.
@ChamberInt_Tim : Attend @LeedsCityRegion #Export Network in Leeds to meet international law firms who will help with product liability advice #asktheexperts
Question 5: Where do I get info regards the legal position and rights regards Distributors in US & Australia?
@OpentoExport: If you need help and information regarding #Agents and #Distributors, check out our webinar – http://ow.ly/XZhE5
@VirtuosoIP: @OpentoExport its possible to have a contract covered by the laws of England & Wales
@VirtuosoIP: @OpentoExport We regularly draft distribution contracts for distributors in these countries with a jurisdiction clause specifying UK law
Question 6: Can I put my branding on top of the Union Flag?
@OpentoExport: @JamieHillUK There is no legal issue with putting branding on top to the Union Flag.
@VirtuosoIP: @OpentoExport you have to be careful when you use it. You cannot mislead the public that there is any official endorsement by the State
Question 7: . What do I do if I find an international biz is infringing on a trademark I protect in the same international market?
@VirtuosoIP : @OpentoExport If you’re trade mark is registered locally, you would seek to enforce it through the local courts
@ElizabethMWard1: @OpentoExport #AskTheExpert @VirtuosoIP always make sure you register your trade mark BEFORE exporting.
@ElizabethMWard1: @OpentoExport #AskTheExpert @VirtuosoIP the only brands that can be fully protected are registered trade marks
@VirtuosoIP : @OpentoExport REMEMBER, trade marks are territorial so if you have a trade mark in the UK, it does not mean you can enforce it elsewhere
Question 8: Where can I find a decent Terms and Conditions example template for export?
@VirtuosoIP : @OpentoExport normally, these agreements being so important, they need to be tailored to the particular circumstances of the exporter
@OpentoExport: #AskTheExperts You need to be careful with templates – one size fits all can be a problem.
@ChamberInt_Tim : Chambers can help with T’s&C’s also talk to a good commercial law firm. Consider adding an #Arbitration clause #asktheexpert #ChamberInt
Question 9: Customer uses French Law on contract. How can you guard against claim outside normal warranty if they claim French Law Decennial Liability?
@VirtuosoIP: @OpentoExport you will be subject to the laws as specified in the contract, if French, we would advise to speak to a French lawyer.
Question 10: Your container has missed the ship! Who is responsible? What can you do?
@VirtuosoIP: @OpentoExport Depends on the particular facts (whose fault it was), it would also be useful to check the Incoterms at this point
@ElizabethMWard1: @OpentoExport #asktheexperts @VirtuosoIP Liabilty? Check your shipping terms – these are known as Inco Terms.
@JamieHillUK : picture
@ChamberInt_Team: Make sure you use & understand Incoterms rules – most commonly used terms in international trade @OpentoExport #asktheexperts #ChamberInt
@OpentoExport : Thanks @JamieHillUK @VirtuosoIP for answering questions today. If you have further questions, please use our forum! http://ow.ly/XZbmK
@OpentoExport: And if you have any more answers to these questions – please share them! That’s all from us for now, have a great weekend!
@ChamberInt_Team: Need help with Incoterms? Attend our Understanding Incoterms course, 2 Mar http://goo.gl/wwfKlR @OpentoExport #asktheexperts #ChamberInt
