The Peach International Company is a start-up specialized in the "high tech communications" domain. The firm deals with the ?higher level of technology' and specializes in the domain of "standard mobiles". The company provides phones that contain all the advantages of an actual mobile, such as the digital camera, MP3 player, but with a particular added value. Effectively, the company is a pioneer in the reception of TV channels by satellites, directly on to the mobile screen and can also be adapted to plasma TV reception, thanks to a wireless system available on this particular phone. The company now wants to promote this concept all around the world. The strategy adopted is to tap into markets where the technology is not yet popular where the demand could be profitable for the company growth. Today, the company wants to target, first, the Republic of Utopia. This report, therefore, aims at providing information on the actual situation of this country and on the relative issues that could reach the development of this technology.
[...] We have to provide the best informations to permits a quickly and good business for Peach International. That's why we can going first on the description of the main issues to consider for the implementation Implementation issues in Kingdom of Utopia As we show briefly in our introduction, many aspects and issues must be considered by Peach International for its implementation in the Kingdom of Utopia. Patents First is about the protection of its technology and on the patent procedure. [...]
[...] Legal analysis and solutions Patent legislation and solutions Actually, the protection of the company patent, and more over about the concept TV phone, is filed on USA and in Europe, under the OHIM. To be insuring that the protection is available in Kingdom of Utopia, Peach International can try to file its application on the EPC. The European Patent Convention offers a protection in more than 30 countries in Europe. This patent protection offers the opportunity to be protected in this area of the world. [...]
[...] It is possible to sign an exclusivity contract or agreement but Peach International should be careful to respect all the anti-trust and non-competition rules. Condition for maintaining exclusivity: order to maintain its exclusivity rights in a territory, a distributor is usually required to purchase at least certain amount of the relevant product during the term of the exclusivity, or during each year of the agreement. Minimum quantity can be different for different periods of time. It is preferable for manufacturers to have the discretion to either terminate the entire agreement or the exclusivity in an event of non- compliant with the minimum obligations.” Peach International must negotiate and determined with Pivophone Global, the minimum quantity of products ordered per month. [...]
[...] Indeed, if people learnt this business method, it can be prejudicial for Peach International and its reputation. If there is some accusation and an intervention of an international organism as WTO, or CISG it could be very damageable, financially, for the company. That's why the solutions to use bribery to accelerate the procedure are not recommended, because there are too many risks within this method of negotiation. That's why there are no concrete solutions to despite this local problem of bureaucracy. [...]
[...] The head quarter should consider the way of the bribery to despite these risks but it's not in the company policy, and the risks are important. This only way to accelerate the different procedures is a reality, but to respect the business of Peach International, other solutions must be found. Exclusive distribution Peach International has also to consider the way to make the contract for the exclusive distribution with its local partner Pivophone global. The rules must be well define, and the guarantees also. Different clauses must be considered to establish the contract to despite the risks in the development of the I TV-Phone. [...]
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