Two days ago, i went to visit clients in a technology business with a team partner。
After management was 90, the company developed very quickly, with most of its income coming from abroad. Thanks to policies and the dividends of globalization, they have been “stepping on the wind” for years。
But when the business is big, the problem comes。
The time bombs hidden behind high growth
I will give some real examples。
Patent. Their products have been sold to more than 20 countries and territories around the world, but overseas trademarks and patent applications have not been distributed at all. What does that mean? This means that if a person has taken their appearance patents or brand trademarks locally, the container may be seized by customs as soon as it arrives in port, and the market costs of the previous period are fully covered。
Personnel. Foreign trade operators have been communicating with their clients on a permanent basis with their own personal micro-credit, whatsapp, and all their resources are in their own mobile phones. In case of a sudden departure of a cadre, the company has no contact with its clients and several million orders a year may follow。
Contract. The current version of overseas sales contracts is old, and the key terms of after-sales, compensation and intellectual property are largely blank. In the event of product quality problems or customer disputes outside the country, the company has little contractual protection and may face an unlimited claim。
Operation. The whole industry is still in a broad regulatory phase and many rules are not so detailed. But that does not mean that there is no risk. In the event of an accident, the company not only incurs civil liability but may also face criminal liability。
Each of these problems alone is a headache. Together, it is a time bomb hanging over the head of the enterprise。
They came to us not because they were afraid, but because they wanted to go further
Honestly, i'm surprised。
It is the impression of many that start-ups, especially those that are strong, tend to have a “run first” attitude to compliance, and then find a way to make up for them when problems arise。
But the boss is different after 90。
They are well aware that compliance is no longer a question of whether or not to do it, but whether or not to live。
So they volunteered to invite our team to do a full compliance comb。
On that day of the meeting, we spent more than two full hours, from morning to noon, in four core directions — patent access to sea, personnel systems, sales contracts, operational compliance — all over the status quo, risks, what support is needed, and all over management。
How can we help
Many of my friends asked me: "what can foreign lawyers do to help a maritime company?"
In fact, it's four words: pave the way, cover the floor。
In response to this client's specific situation, four support programmes were given for the first phase:
First, the overseas intellectual property landscape。
Through pct or the paris pact, they are assisted in fast-go-land patent and trademark applications in key markets such as the united states, the european union and latin america. An internal system of technical confidentiality is being put in place to prevent the leakage of core designs during the voyage。
Second, the human resources compliance system。
Customize staff manuals, performance appraisals, social media management norms. Relocation of customer resources to the corporate common account, closing the “person-to-client” loophole。
Thirdly, commercial contracts were fully upgraded。
Rewriting of a sales contract in chinese and english to complete the core terms of sale, quality assurance, liability limitation, intellectual property. At the same time, the risk of high recovery is shifted out of line with global product liability insurance。
Fourth, operational compliance and process optimization。
Helping them to conduct a comprehensive mapping of the risk gaps in their operations, by designing systems and processes to minimize the probability of risk occurring in their daily operations。
Compliance, not brakes, but pave the way
I'm impressed after talking to these entrepreneurs after 90。
They are young, but different from the generation of reckless entrepreneurs — they have focused very much on compliance since day one。
It's not because they're weak, it's because they want to go further。
Our value has never been to brake a running business. Rather, while protecting their “strikes”, they were helped with legal expertise to pave the way and dig deep into the moat。
Legal services at sea are not shackled。
It's the wings that help them in compliance -- more steady and farther。
If you are also facing confusion about compliance during the sea trip, or if you have stepped on the pits in the context of intellectual property, overseas contracts, cross-border labour, etc., and if you are welcome to leave a message in the background, we will provide an initial risk checklist based on your business phase。
Let's get out of the sea and make sure we keep the road steady。
