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You are here: Malaysian Exporters Section | Going Global: Beginner's Guide | Understanding Legal Aspects of Exports

Understanding Legal Aspects of Exports

Exporting your firm's products or services can provide you a valuable opportunity for growth.

International Sales Contract

  • International contracts for the sale of goods can be very complex 
  • Includes specially prepared contracts 
  • Also includes contracts that have “standard terms” and “conditions” that are often in small prints on a standard order form 
  • Before you negotiate an international sales contract, ask for advice on the legal implications from a professional who specialises in international contracts 
  • This includes information about:

» Defining the key terms (e.g. International CommerciaI Terms- Incoterms 2000) commonly used in international trade
» Limiting agreement to the contract
» Description of the goods
» Payment clause
» ‘Retain property until payment’ clause
» Force majeure liability or obligation on both parties
» Local jurisprudence
» Reciprocal legal agreement within Malaysia and other country
» Arbitration clause.

 

Intellectual Property Rights (IPRs)

  • Intellectual property (IP) is a collective term used to refer to laws that protect new inventions, designs, writings, films, and so on, which are protected by copyrights, patents, industrial designs, trademarks or integrated circuit topographies
  • Trademarks are the most importants IPRs and initially need three years to be registered
  • Need to register trademark in Malaysia and country that you are exporting to
  • For manufacturing companies, patterns and industrial design must be registered with Perbadanan Harta Intelek (MyIPO) in Malaysia.