Ask the Experts Twitter Q&A – Legal Pitfalls of Exporting

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 @ElizabethMWard1They 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? 

@JamieHillUK 

export license

@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?

@JamieHillUK 

Union flag branding

@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? 

@JamieHillUK 

ts and cs template

@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? 

container ship

@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_TeamMake 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_TeamNeed help with Incoterms? Attend our Understanding Incoterms course, 2 Mar

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