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Principles of European Business Law

Principles of European Business Law. About the Course. The purpose of the course is not to supply its participants with contract law as a whole. It is more practical and focuses on the role of the lawyer in cross-border contract negotiations. You will be required to:

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Principles of European Business Law

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  1. Principles of European Business Law

  2. About the Course The purpose of the course is not to supply its participants with contract law as a whole. It is more practical and focuses on the role of the lawyer in cross-border contract negotiations. You will be required to: • Negotiate, as a group, the best possible agreement for your client; • Taking into account the cross border, multi-jurisdictional, intellectual property and other applicable legal aspects of the agreement.

  3. Contributors • BengtOttervik *Negotiation Strategist • Ohad Graber-Soudry*IP specialist Field Trips – Practical Tips • MannheimerSwartling - Law Firm • Vinge - Law Firm • Gullikson - Law Firm

  4. Assessment Method of evaluation: • Through oral performances during the seminars and negotiations. • Through evaluation of the final contract. • Written examination at the end of the course. • In order to pass, students are required to meet 80% attendance on the course.

  5. Groups

  6. Groups • Group Leaders: • Email to Justin.Pierce@jur.lu.se the following: • Photos of all group members; • Names and email addresses of all group members.

  7. CASE STUDY – Types of Agreement

  8. FishNet, AB (A Swedish Company) FishNet is a small Swedish company that holds patents on a unique fishing net, EnviroNet, that weighs fish caught by anglers without causing undue distress to the fish. They manufacture and distribute EnviroNet themselves, but their capacity is limited given their size. They are currently operating at about 90% capacity.

  9. EnviroNet Patented Technology

  10. FishNet, AB Questions In 2001 FishNet started selling EnviroNet on the Swedish market; in 2003 the Finnish; in 2006 the Danish. FishNet now wish to actively expand their market to optimise the exploitation of the patented technology. They are unsure of how to structure their expansion.

  11. Group Considerations Take 10 minutes – think about the answers you would give to FishNet AB

  12. New Market Supply Agreement What sort of payment terms? Standard terms? Are they enforceable? Product liability? Quality? Cash flow; market presence; strength of IPR i.e. trademark; production capability; delivery chain; expertise.

  13. Agency Agreement Enters Agreement with FishNet/ not the agent. Agent appointed by FishNet Paid a commission by FishNet Risk? Cash flow? Production? Costs?

  14. Distribution Agreement Exclusive? Territorial? Trademark? Patents? Licence? Minimum Quantities? Lower the price? Who pays for marketing? Who produces? What about know-how?

  15. Licence Agreement What type of licence, worldwide? limited? Royalties? One off payment? Trademark? Transfer of technology and know-how? Quality?

  16. The Commercial Side

  17. The Lawyer JP Morgan “I don’t want a lawyer to tell me what I cannot do. I hire him to tell me how to do what I want to do.”

  18. News • Reading for Ohad on Friday under the Course Material tab.

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