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Legal Handout for Global Business

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Submitted By aagarwal
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International Business
Spring 2012
CHECKLIST FOR INTERNATIONAL BUSINESS
Carolita Oliveros1
1. Business Structure: What type of business structure will you form? Will you form a U.S. business entity or an entity under the laws of the local country where you sell your product?
2. Distribution Model: Rather than form a foreign business entity, will you sell your product through a sales representative / agent or a distributor? What is the difference between a sales rep and a distributor? 3. Licenses and Permits: What licenses and/or permits are required to sell in the country? What regulatory requirements do you have to comply with? Is your business or product subject to special licensing requirements with the U.S. Government (such as Dept of Commerce or State Dept)?
4. Regulation of Product: Is your product a highly regulated product because it is being shipped to a country on the “prohibited list” of countries or because it is dangerous in some way or because it is very sophisticated technology that the U.S. Government wants to protect?
5. Name Check: Have you done a name check with the appropriate government agency to be certain that the business and/or product name you want to use is available?
6. Protection of Intellectual Property Rights and Branding: Have you trademarked, copyrighted or patented (as appropriate) your intellectual property rights in your brand, image, product, trade name, logo, data sheets, promotional and marketing materials, website content, downloadable manuals, ebooks, mp3, software, movies etc. in the US as well as in foreign markets? USTR Special 301
Report regarding countries designated on the Priority Watch List (10 countries) or the Watch List (22 countries) for IP infringement and piracy such as Russian Federation, China, Argentina, Chile,
Canada
7. Domain Names, Websites, Email Addresses: Have you registered your

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