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Does your business know what an international contract is and how to identify one?
Knowing how to spot an international contract is important for two reasons:
1) It will shape your involvement as the in-house lawyer. Is this a contract you can advise on or do you need to seek external advice? If the latter, this may have an impact on the timescales the business is working to and you may need to manage their expectations in this respect.
2) There will be some areas which the business should be looking into from the outset to avoid delays at a later date. For example, in an international distribution agreement where you are manufacturing the goods, you will need to consider the ownership of intellectual property early. Does your business own the IP rights in your brand name and goods in the territory you are hoping to have your goods distributed in? If not, can you get registration for your brand name/goods in that territory? Has the business checked whether someone has already registered your brand name/products in that territory?
Wragge & Co commercial partner, David Lowe, has prepared a checklist to help you consider the key issues which arise in international contracts for the supply of goods.