Use with Export Practice & Management Fifth Edition by Alan Branch ISBN 1–84480–081–4 © 2006 Alan Branch Chapter 19 International trade law

Use with Export Practice & Management Fifth Edition by Alan Branch ISBN 1–84480–081–4 © 2006 Alan Branch Topics covered in this chapter Introduction International conventions – Vienna convention Product liability Intellectual property – patents – designs – copyright – trade marks Employment law Legal framework for information and communication technology CMI rules of electronic bills of lading International transport law WTO settlement procedure

Use with Export Practice & Management Fifth Edition by Alan Branch ISBN 1–84480–081–4 © 2006 Alan Branch Introduction International trade law/regulations is an important area for the international entrepreneur to comprehend. This chapter examines briefly some of the key areas and the discerning trader/student is recommended to engage a lawyer when conducting overseas trade and/or obtain one of the recommended books at the end of the chapter.

Use with Export Practice & Management Fifth Edition by Alan Branch ISBN 1–84480–081–4 © 2006 Alan Branch International conventions – Vienna convention Important to comprehend the role of international conventions and focus on the Vienna convention. Product liability Note of the product liability in the USA and the EU directive. In the particular focus on the types of liability. Intellectual property – patents – designs – copyright – trade marks An important area on which to focus. Note the key points in patents – 3, designs – 2, copyright and trade marks. Monitor WTO progress in intellectual property.

Use with Export Practice & Management Fifth Edition by Alan Branch ISBN 1–84480–081–4 © 2006 Alan Branch Employment law This is especially important when employing personnel overseas. It is particularly regulatory throughout EU. Visit the ILO website. Legal framework for information and communication technology A very important area to comprehend in the development of electronic communication including payment. Note role of ICC and UNCITRAL and visit their websites. CMI rules of electronic bills of lading Note the nine areas examined.

Use with Export Practice & Management Fifth Edition by Alan Branch ISBN 1–84480–081–4 © 2006 Alan Branch International transport law A very complex area – examine each area and monitor progress – legal framework for multi modal transport: note the role of UNCITRAL: combined transport – note the five points examined: international road transport CMR – primary focus on European road transits: international rail transport COTIF/CIM – primary focus on European rail transits: international air carriage – Warsaw convention – keep up to date on development of Montreal convention: sea carriage – note the four areas examined – an enormous range of case law exists on maritime transport which you may choose to research. WTO settlement procedure Note the ten stages identified

Use with Export Practice & Management Fifth Edition by Alan Branch ISBN 1–84480–081–4 © 2006 Alan Branch Key Concepts Ensure you understand the following: Introduction – the role of international trade law. International conventions – Vienna convention – the role of conventions and particularly Vienna convention. Product liability – a key area to comprehend for the exporter. Intellectual property – patents – designs – copyright – trade marks – comprehend each area. Employment law – particularly in countries in which the exporter trades.

Use with Export Practice & Management Fifth Edition by Alan Branch ISBN 1–84480–081–4 © 2006 Alan Branch Legal framework for information and communication technology – especially the trade payment and the role of international agencies. CMI rules of electronic bills of lading especially to those traders using the bills of lading. International transport law – give this area particular attention. WTO settlement procedure and methodology. Conclusion Readers interested to develop their knowledge of trade law are urged to obtain one of the books detailed in the recommended reading – e.g. ICC publications.