The Peach International Company is a start up specializing in the "high tech communications" domain. The firm is at the higher level of technology in the domain of "standard mobiles". Indeed, the company provides phones that contain all the advantages of actual mobile, 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 the mobile screen and can be adapt to plasma TV reception thanks to a wireless system available on this particular phone.
The company wants to develop this process all around the world. Its strategy is to tap into markets where the technology is not present, and where the demand could be profitable for the company's growth. Today, the company wants to target the Republic of Utopia. That's why this report aims at providing information on the actual situation of this country and on the relative issues that could reach the development of this technology.
Many different aspects will be taken into consideration in the report. First at the state level, the company has to take care of the slow and corruptible bureaucracy that be establish and well known in Kingdom of Utopia. This reality engenders slow legal administrative procedure that can limit the different tasks involved in the development of a company such as Peach International.
[...] In this case, Peach International can use it to specify the protection to Kingdom of Utopia. This individualize protection could be apply also by the national office of Kingdom of Utopia. This is advisable if you only want protection in a few countries. The protection could be also insuring in Europe by using the Patent Cooperation Treaty (PCT) through the World Intellectual Property Organization (WIPO). All this protection can permit to save the I TV-phone, but in all these application, Peach International Company has to take care about the duration of each protection, to renewal them when he will time to do. [...]
[...] 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. This number must be defined thanks to a market surveys and on the potential of equipment with the new application to each people. This part also demonstrates the obligations of the local distributor. This term define the obligation of a minimum quantity of product to buy. [...]
[...] With the creation of this subsidiary, Peach International will create a second moral personality for its structure. The shares will be manage and own by the holding in the USA. Legally: A subsidiary is a society which is possessed by an other company (Société Mère in French) for more than 50% of the capital. * In this case the most relevant decisions is that Peach International, Inc may have 100% of the capital of the subsidiary, to control all the decisions and process for the development of its marketing and promotion campaigns . [...]
[...] That's why we have to consider the relevant legal information in the role, the liability and in the organization of its subsidiary for Peach International. 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. [...]
[...] The acceptance to help Peach international in the different administrative tasks and on the local specificities of the country could be a real strength in the development of a quickly business and profitable one. But we have to consider all the legal issues and procedures in this report to despite future problem with this partner. In the same time of this implementation on the Kingdom Utopia country, Peach International wants to establish a subsidiary in a European country. This subsidiary should be in charge in the different operations in “marketing and promotion”. [...]
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