Exporting legal checklist

We have put together a checklist here of the key points that we urge you to think about, prioritise and action as part of your export strategy.

These are taken from the other pieces that we have provided on this website – The links are here if you wish to go back to look over these – ‘Practical Tips When You Trade Online’, ‘Putting Your Intellectual Property In Order At Home’ and ‘IP Protection Overseas’.

  1. Be clear on what your budget will be to get your business trading in overseas markets.  You will need to have the means to be able to invest in registering your trade marks, designs and patents.  Also, you will need to engage legal and other professional advisers along the way.

  2. Have you carried out careful due diligence on your target overseas associates and obtained background information on the company?  We would suggest as a minimum that you search the company’s status, how they trade, credit checks and accounts.

  3. Check to see if your Website is all in order and that you have included online legal policies.  See ‘Practical Tips When You Trade Online’.

  4. Identify the Intellectual Property in your business (trade marks, patents and registered design rights)

  5. Once you have an idea of the IP existing in your business, take action and register what is needed – ensure you register for international protection as well as protection at home.

  6. Engage a solicitor to help you map out what legal contracts you need.  These need to be robust. They will vary in every situation but if you omit to have these carefully drawn up the consequences could be business critical.

  7. Where foreign laws are going to apply you need to speak with a lawyer in the relevant country.  A UK lawyer may be able to recommend a trusted overseas professional and point you in the right direction.

  8. When shipping goods, insurance is going to be a paramount consideration.  Check the insurance of your goods in transit and check at what point is title (ownership) in the goods is passed on to a customer.

  9. Do you know if any specific INCO terms will apply to your goods as they are shipped?  INCO terms are widely used in global sales transactions.

  10. What information and / or contracts will you need to get translated? Website content? Brochures? Payment terms?  Invest in good translations and ensure you own them.

  11. Consider what import and export duties are likely to apply – these can be factored into your legal contracts, e.g. Supply Agreements.  A tax specialist will be able to help you with a clear strategy.

    legal checklist for exporters

Topics: Export Planning, Getting Started, Legislation & Regulation, Product Development, and Protecting IP Abroad
Export Action Plan