1, the foreign party only signs individuals.
In international business practice, foreign enterprises have no habit of affixing the company seal to their contracts. Individuals often sign on behalf of the enterprise, and the signer is generally the person in charge of the enterprise or an authorized employee or agent. However, if domestic enterprises do not examine the authorization of the signing representative, once foreign enterprises raise the defense that the signing representative is not authorized, domestic enterprises will easily fall into a passive position after a dispute occurs.
2. Use affiliated enterprises to steal the column.
For example, the signing party shown in the header of the contract is a powerful American company A, but the actual seal is an affiliated company, Hong Kong company A. The names of the two companies are slightly different, but if the actual seal or signature company is an offshore company or a leather bag company with no performance ability, the other party can achieve the purpose of evading debts.
counter-measure
When signing a contract, domestic enterprises should raise their risk awareness, correctly identify and select the contract subject, and avoid unnecessary losses.
Second, intellectual property risk points
1. Regional risks of intellectual property rights
Due to the regionality of intellectual property rights, the same trademark, legally registered in one country, may constitute infringement in another country because it is registered by others. For example, China's trademarks such as Tongrentang and Dabao were registered first in Japan and Southeast Asian countries, which led to the infringement of genuine products entering these markets.
2. Brand processing infringes intellectual property rights.
In OEM (OEM), in order to obtain orders, domestic exporters often neglect to examine whether the entrusting party has legal intellectual property rights such as trademark rights and patent rights, blindly produce, and infringe on the intellectual property rights of third parties after export.
counter-measure
Enterprises should enhance their awareness of intellectual property rights and pay attention to self-protection. On the one hand, we should attach importance to the research and development of independent intellectual property rights, and on the other hand, we should obtain the corresponding intellectual property rights in the sales process as soon as possible through international application and overseas registration, so as to avoid the situation that "Li Kui jy becomes Gui Li". Before production, export enterprises should do a good job in investigating the intellectual property rights of export commodities to avoid infringement.
How to guard against the risks of import and export trade? Foreign trade agency
Third, the risk points of commodity quality
1, mandatory standards are not up to standard.
For example, a domestic enterprise exports cloth to foreign countries, and the contract stipulates 100% cotton cloth. After the goods arrived at the destination port, the foreign party found that the cotton content was below 78% and demanded a refund. China Company paid a high price for breach of contract, which is quality risk.
Developed countries in Europe and America have set high mandatory standards for food, medicine, etc. in terms of quality, environmental protection and hygiene. Even if these standards are not stipulated in the contract, they will be mandatory, and domestic exporters cannot defend themselves on the grounds that there is no agreement in the contract.
counter-measure
Strengthen the refined management of products, improve product quality and technical content, and enhance product competitiveness. The mandatory standards of importing countries should be mastered in advance and produced in strict accordance with the standards.
Fourth, arbitration risk points.
1. The arbitration agreement is unclear.
In international trade, although the way to settle disputes by arbitration has the characteristics of complete autonomy, simple procedures and confidential information, it also has certain risks. In practice, there are cases where the parties to the contract are not clear about the relevant contents of the arbitration agreement, which leads to the arbitration agreement being deemed invalid.
For example, some are not clear about the arbitration institution, some are not clear about the arbitration matters, and some are not clear about the validity and finality of the arbitration award.
2. Overseas arbitration is expensive.
Some international trade contracts stipulate that disputes should be arbitrated by overseas arbitration institutions, such as Singapore and Switzerland. In the event of a dispute, for domestic enterprises, going abroad to participate in arbitration will generate high expenses.
counter-measure
Formulate a clear and specific arbitration agreement. An arbitration agreement generally includes three contents: first, the expression of intention to request arbitration; second, the matters to be submitted for arbitration; and third, the selected arbitration institution. In addition, the contents such as the place of arbitration, the place of trial, the applicable law of arbitration, the nationality of arbitrators, and the application of ordinary or summary procedures can be added.