The document discusses setting up business in a foreign country. It notes that typical motivations include accessing new economic opportunities, resources, markets, and synergies. Key considerations for foreign markets include intellectual property laws, ownership rules, financial regulations, tax regimes, immigration laws, and business rules. The document outlines legal forms for foreign operations such as subsidiaries, branch offices, joint ventures, distribution, agencies, and licensing. It stresses researching individual country and business factors to select the proper legal structure.
Learning Objectives
To learn how firms gradually progress through an internationalization process.
To understand the strategic effects of internationalization.
To study the various modes of entering international markets.
To understand the role and functions of international intermediaries.
To learn about the opportunities and challenges of cooperative market development.
MULTINATIONAL CORPORATIONS #5 - Code of Conduct of MNCSundar B N
Meaning of Code of Conduct
According to the Brandit Commission
Code of Conduct drawn up by the commission on TNC’s, set up by the UN’s Economic and Social Council
According to OECD Code of Conduct in 1976
Learning Objectives
To learn how firms gradually progress through an internationalization process.
To understand the strategic effects of internationalization.
To study the various modes of entering international markets.
To understand the role and functions of international intermediaries.
To learn about the opportunities and challenges of cooperative market development.
MULTINATIONAL CORPORATIONS #5 - Code of Conduct of MNCSundar B N
Meaning of Code of Conduct
According to the Brandit Commission
Code of Conduct drawn up by the commission on TNC’s, set up by the UN’s Economic and Social Council
According to OECD Code of Conduct in 1976
This presentation elaborates the economic crisis in Sri Lanka. It explains the causes of economic instability in Sri Lanka and the factors worsening it. Such miserable economic situation is presenting valuable lessons for other sister asian countries to counter their economic instability. Pakistan, a sister country of Sri Lanka is facing severe political and economic instability these days. Pakistan is learning from the Sri Lankan economic situation and tending to improve its economy but the extreme political instability is hurdling and exacerbating the economic crisis. However, policies are underway to counter the economic crisis and more probably Pakistan will escape the Sri Lankan experience.
Trade relations US & India; the changing facesCharmi Chokshi
this is a presentation on a different kind of trade relations between countries like US and India and their changing faces from years with the conclusion.
Indian economic crisis of 1991,
PERMITRAJ,
PROTECTIVE MARKET and CONTROLLED ECONOMY
liberalization and privatization
devaluation of Indian rupee,
globalization of India
This revision presentation provides an overview of the topic of emerging markets. It highlights some examples of how businesses have pursued a growth strategy in emerging markets and also how developed economies have seen investment coming in the opposite direction. A brief overview of the methods and benefits/drawbacks of international expansion is also provided.
The company is a member firm of HLB International and has the global exposure to help entities comply with corporate tax, once it gets implemented in the year 2023.
Presented by James Longwell, Partner
The information in this presentation is for general information purposes only. It does not constitute a legal opinion or other professional advice.
IP rights are an important class of intangible assets that can be assigned or licensed to generate revenue. Indeed, some companies do not make or sell products; their entire revenue is derived from the licensing of their patents. Suffice it to say, licensing revenue has become a significant source of value in the global intellectual property economy. This webinar will help you better understand the complex legal issues associated with IP transactions.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/buying-selling-ip-2020/
This presentation elaborates the economic crisis in Sri Lanka. It explains the causes of economic instability in Sri Lanka and the factors worsening it. Such miserable economic situation is presenting valuable lessons for other sister asian countries to counter their economic instability. Pakistan, a sister country of Sri Lanka is facing severe political and economic instability these days. Pakistan is learning from the Sri Lankan economic situation and tending to improve its economy but the extreme political instability is hurdling and exacerbating the economic crisis. However, policies are underway to counter the economic crisis and more probably Pakistan will escape the Sri Lankan experience.
Trade relations US & India; the changing facesCharmi Chokshi
this is a presentation on a different kind of trade relations between countries like US and India and their changing faces from years with the conclusion.
Indian economic crisis of 1991,
PERMITRAJ,
PROTECTIVE MARKET and CONTROLLED ECONOMY
liberalization and privatization
devaluation of Indian rupee,
globalization of India
This revision presentation provides an overview of the topic of emerging markets. It highlights some examples of how businesses have pursued a growth strategy in emerging markets and also how developed economies have seen investment coming in the opposite direction. A brief overview of the methods and benefits/drawbacks of international expansion is also provided.
The company is a member firm of HLB International and has the global exposure to help entities comply with corporate tax, once it gets implemented in the year 2023.
Presented by James Longwell, Partner
The information in this presentation is for general information purposes only. It does not constitute a legal opinion or other professional advice.
IP rights are an important class of intangible assets that can be assigned or licensed to generate revenue. Indeed, some companies do not make or sell products; their entire revenue is derived from the licensing of their patents. Suffice it to say, licensing revenue has become a significant source of value in the global intellectual property economy. This webinar will help you better understand the complex legal issues associated with IP transactions.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/buying-selling-ip-2020/
What every business in Bradford needs to know about Intellectual PropertyJane Lambert
Yesterday, I was asked by Steve Ding of Webanbywhere to give the first presentation of the BradfordNetwork. I was delighted to accept that invitation because Steve ran a network for the creative sector in Bradford and Barnsley called Bmedi@ about 10 years ago. The network held talks with leading artists, designers, entrepreneurs, inventors and innovators from West Yorkshire and beyond and regular breakfast meetings at the Business and Innovation Centres in Barnsley. Those events were very well attended. Sadly Bmedi@ disbanded several years ago, It has been sorely missed ever since. At present the only events that can take place are online but the BradfordNetwork hopes to hold some live meetings in the Bmedi@ format with the same sort of speakers once the public health emergency is over.
Presentation given to the Chicago Lean Startup Circle on Dec. 1, 2011.
In a lean startup, getting product-to-market-fit is everything. Along the way, consider core IP issues to make sure your startup owns all of the value that you are adding. You can also have lean IP, just make sure you fully understand the implication of bootstrapping.
As always, consult with a lawyer if you have questions or concerns.
To introduce the importance of legal and regulatory issues to entrepreneurs
To consider the regulatory environments of the Asia–Pacific within which a new venture must exist
To examine intellectual property protection, including copyright, patents, trademarks and domain names
To recognise the important international protection regimes for intellectual property
To critically examine the IP practices of Asia–Pacific countries
To compare the common legal forms of business organisation in the Asia–Pacific, such as sole proprietorship, partnership and corporation
To be aware of the signals that foreshadow insolvency and bankruptcy
To examine the trend for environmental regulations that will affect business entrepreneurship
This chapter has a broad remit in considering the four types of legal and regulatory challenges that entrepreneurs will face in the Asia–Pacific region. We begin with a look at the various regulatory regimes that make up ease of doing business, from starting a company to closing it down. We then examine one of the most critical aspects for entrepreneurs: how to protect your intellectual property. Equally important is to then consider under what legal form to incorporate the firm. Finally, we look at regulations concerning climate change and global warming, regulations that are becoming increasingly troublesome for entrepreneurs. In typical legalistic style, we do need to note that the Asia–Pacific region includes many different countries and the scope of this text is limited to general knowledge. For specific information on legal matters particular to a country and your venture always seek the advice of appropriately qualified professional persons knowledgeable about the jurisdiction of your operations.
What every Business in Wales needs to know about Intellectual PropertyJane Lambert
On 9 Feb 2021, I gave a talk to the Menai Science Park Enterprise Hub entitled "What Every Business in Wales needs to know about Intellectual Property." I prepared these slides for the talk although I did not all of them. Instead, I asked them for their interests which seemed to be registering trade marks and registering designs.
Effective legal representation of innovators and inventors requires careful thought and consideration. Among other things, care must be taken to properly initiate communications, prepare assignments, and handle subsequent legal disputes. This webinar discusses common legal issues that often arise during the representation of innovators and inventors. It also includes valuable advice from both innovators/inventors and the IP attorneys who represent them.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/legal-issues-for-innovators-inventors-2020/
This presentation discusses how to select, protect and properly use a trademark so it can become a powerful brand for your products and services.
As well, it discusses "hot issues" in promotions and advertising law, including:
- recent Competition Bureau enforcement regarding misleading advertising;
- the use of social media in contests and promotions, including the need for transparency when engaging bloggers, endorsers and other "influencers" to promote your brand.
Le gestion de crise : considérations juridiques et pratiques pour traverser l...This account is closed
Au cours de ce programme de formation préparé spécifiquement pour les conseillers juridiques en entreprise, nous vous présenterons une série d’outils visant à vous équiper pour affronter la tempête, peu importe quand et comment elle se présente.
This presentation includes information about legal project management fundamentals, creating a framework for legal project management (define, plan, monitor and manage, review and improve), ethics and the law, conflicts from outside counsel and the general counsel.
Canadian Procurement/Construction Delivery Methods
Various procurement/construction delivery methods exist to provide alternatives as to how risks and responsibilities are allocated for a project and how key factors such as time and price are addressed.
Traditional Delivery Method:
Design-Bid-Build
- Stipulated Price
- Cost Plus
- Unit Price
Contemporary Delivery Methods:
- Construction Management (not-at-risk / at-risk)
- Design-Build
- P3’s
The Canadian government recently announced that the 12 Pacific Rim countries (Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, Vietnam and the United States) negotiating the Trans-Pacific Partnership Treaty (TPP) reached an agreement. According to our government, the TPP will set a “strong regional standard” for the protection and enforcement of Intellectual Property (IP) rights, and will give investors and businesses confidence that the same IP rules will be applied across the TPP region. Before coming into force, the agreement must be ratified by each country.
In this presentation, Scott Foster discusses the IP provisions of the TPP, and examines potential changes to the IP regimes that may arise following an implementation of the TPP in Canada.
In this presentation, Gowlings partner Parul Armitage will look at current trends in life sciences licensing and collaborations.
Topics to be explored include:
Financial terms
Valuations
The continuing saga of the patent cliff
“More payer pressure, more commercialization risk”
Licensing as a commercialization strategy
Academic to industry licensing
The Cloud Computing Contract Playbook - Contracting for Cloud Services, Sept. 30This account is closed
Gowlings partner Paul Armitage discusses what is and isn’t unique about contracting for cloud services; key terms to look for and the differences between cloud and traditional IT services contacts; what to look for in a cloud services provider and its contract; storing data in the cloud; and tips and best practices for cloud services procurement.
It’s widely known that foreign companies looking to acquire strong targets are drawn to Canada’s vast resource sector. But there’s also plenty of M&A activity — and opportunity — across many other Canadian industries, such as technology, life sciences, media and communications, manufacturing and retail.
In this one-hour webinar, experts from Gowlings will share their insights on the Canadian M&A legal regime, and offer tips on how to navigate the complexities of the market and successfully acquire a Canadian company. Topics include:
- Building your acquisition model and determining the most appropriate structure for a Canadian company acquisition
- Determining the applicable tax rules and assessing the potential tax advantages
- An overview of competition law and the Investment Canada Act — due diligence, thresholds and the review process
PLSAs, SEPs and PAEs: The Antitrust/IP Acronyms You Should Know and UnderstandThis account is closed
In this presentation from June 2015, Davit Akman and a panel of other antitrust experts provide an overview of recent regulatory and jurisprudential developments in the U.S., Europe and Canada, and their impact on antitrust counselling and risk assessment.
Key topics discussed include:
• Patent litigation settlement agreements (PLSAs)
• Standard setting and conduct involving standard essential patents (SEPs)
• Conduct involving patent assertion entities (PAEs)
Your company’s people, products, profits and politics have a direct impact on its bottom line.
In this seminar presentation aimed at in-house counsel, HR and other business leaders, you’ll learn from legal and industry insiders on how to master these four key pillars ― and succeed in today’s competitive manufacturing market.
1. Setting Up Business
in a Foreign Country
November 1, 2012
RINSA Global Business Access
Lethbridge, AB
2. Agenda
• Global protection of IP
(Dan Polonenko)
• Setting up business in a
foreign country
(Lorie Wheeler)
2
3. Options for protecting IP
What is IP?
1. Trade-secrets
2. Patents (includes Industrial Designs)
3. Trade-marks
4. Copyrights
3
4. TRADEMARKS
Differences Between the Four Pillars
• Names & designs that are legally protected for
commercial use by a trademark owner
• Trademarks should be registered in each
country where you intend to do business ®
• Have to use them or will lose them
• Rights can be perpetual
BRANDING strategies
4
5. Patents v. Trade Secrets
Trade Secret PROs
Why Patent?
• Never expire – as long as the secret remains secret
• No government filings or approval required
• Can be very successful e.g., Coke, KFC, resins
Trade Secret CONs
• Not everything can be protected – e.g. technology can be
reverse-engineered
• If the secret is exposed, then it’s no longer a secret
• Can be expensive to maintain, requires security,
contracts, complicated processes
5
6. Why Patent??
Patent PROs
Why Patent?
• Legal right to prevent others from making, using, selling
the claimed invention
• Creates commercial opportunities for value capture
• Can control / affect commercialization
Patent CONs
• Becomes public knowledge in 18 mos.
• Becomes “public domain” after 20 yrs.
• Can be expensive to secure & maintain protection
• Need to monitor marketplace for infringement
6
7. When to Patent?
• Invention is easy to reverse-engineer
• Significant business opportunity
• Secure a competitive advantage
• Canada & USA: within 1 yr of a public disclosure
• Everywhere else: before any public disclosure
7
8. The Patenting Process
The Patenting Process
Step 1: Decision to patent
• Invention disclosure
• Commercial value assessments
• Patentability assessment
• Identification of global opportunities & access
• Potential commercialization / licensing
= Go / No go decision
Step 2: Patent preparation, filing,
prosecution, exploitation
8
9. The Patenting Process
Patenting is not
about the technology
It’s to protect the
business opportunities
created by the
technology
9
10. When & where to file patents
Three-step process over 2 ½ years
Step 1: file an application with CIPO or USPTO
• priority date / priority filing
Step 2: file an international patent application (PCT)
with WIPO through CIPO
• within 12 months of priority date
• defers “where-to-file” decisions & costs for 18 months
Step 3: national-phase filings in selected countries
• within 30 months from priority date (18 months after the PCT)
• file where there are business opportunities &/OR
• where competing products may manufactured
10
11. Commercialization
Essential component of patenting decisions
• takes a long time to start generating
(i) revenues & then, (ii) profits
• Product testing & refining (prototypes)
• Production scale-up (final product)
• Low-cost high-quality manufacturing (final product)
• Options for commercialization locally & beyond?
11
12. Reasons for Setting up Business in a Foreign Country
Typical motivations for a Canadian entity:
1) Economic Climate:
• Access to capital
• Lack of credit
2) Access to Resources:
• Access to foreign resources, know-how and technology
3) Strategic Complements and Efficiencies:
• Access to foreign markets generally
• Strengthens local market position and mitigate local risk
• Synergies with foreign technologies and foreign markets
12
13. Legal Considerations: Foreign Markets
• Foreign Intellectual Property laws
• Foreign investors rules on ownership of property
• Financial regulations – taking money out of the
country
• Foreign tax regimes
• Immigration laws
• Foreign rules governing employment 13
14. Choosing a Foreign Country
• Type of business helps with choosing your
countries, eg, oil and gas versus agriculture
technologies
• Research each country for the issues discussed
on the slide above
• Initially research can often be done on the
internet
14
15. Legal Forms of Conducting Business Abroad
A. Direct Foreign Presence:
- Foreign Subsidiary
- Branch Office
- Joint Venture
15
16. Legal Forms of Conducting Business Abroad
B. Indirect Foreign Presence:
- Distribution
- Agency
- Marketing Representative
- Licensing
16
17. Legal Forms of Conducting Business Abroad
C. No Foreign Presence:
- Export from Canada directly to foreign
purchaser
- Transmission of information (i.e., over
computer networks, Internet, etc.)
17
18. Legal Nuances
• Each individual type of legal form has particular legal
nuances and pros and cons.
Note: there are unique legal nuances for each type of
these legal forms.
• Not a one size fits all.
• Need to consider:
- type of business;
- foreign jurisdiction laws; and
- business objectives before selecting corporate
structure. 18
19. Thank You
Dan Polonenko, PhD Lorie Wheeler
Partner, Patent Agent Partner, Business Lawyer
Tel: 604-443-7623 Tel: 403-298-1805
Email: Email: lorie.wheeler@gowllings.com
dan.polonenko@gowlings.com
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