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The Legal Environment

Introduction

Vispring has continued to rapidly expand and develop its export markets, European Union (EU) Mainland China, South Korea, Singapore, Taiwan, Phillipines, Russia, USA, Canada, UAE, Israel, Australia.

Operating in these territories has impacted not only on the way the products are marketed but also on the product specifications, as consideration must be given to Exchange Rates, Cultural differences and legal requirements.

The company recognized that quite often complex foreign legal systems require somebody locally to be fully versed in the requirements, it would be impossible for Vispring at the start of the process to fully understand all the legal systems for all territories, also, not all legal systems are universal, for example in the USA some states have different legal requirements.

Therefore, it is essential to have a legal contract in place to identify the responsibilities and obligations.

Vispring has been established in many of these foreign territories for a considerable amount of time.

  • EU = 1994
  • Singapore = 1998
  • Russia = 2001
  • UAE ( Dubai & Saudi Arabia) = 2004
  • USA / Canada = 2010
  • Hong Kong = 2012
  • China = 2013
  • Korea = 2014
  • Malaysia = 2015
  • Taiwan = 2016
  • Israel = 2017
  • Australia = 2018

Target Markets 2019 = New Zealand and Mexico

Vispring has seen huge changes to the legal requirements in some of these territories as government policy changes to protect local commerce and consumers interest.

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International trade is simply the exchange of commodities, products, services, money and intellectual property. International law provides a set of rules to determine how these items are traded. To help control this process a common set of rules was implemented and a number of trade organisations have been developed including: World Trade Organisation (W.

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T.O), International Organisation For Standardization (ISO) World Customs Organisation (WCO)

World Trade Organization (W.T.O)

The W.T.O was established on January 1st 1995. Originally, 76 Governments joined it now has 164 Governments (since 29th July 2016), representing 98 percent of world trade dealing with the rules of trade between nations. WTO also has a legal status.

Trade Related Intellectual Property Rights (TRIPS).

  • Copyright and related rights
  • Trademarks
  • Geographical indications
  • Designs
  • Trade Secrets

Trademarks, Geographical indications, designs and Intellectual property rights are mentioned considerably in the Vispring / retailer trade agreement.

International Organization For Standardization (ISO)

I.S.O was established in 1946, Civil Engineers from 25 countries met in London to standardize industrial standards. It now has 164 countries. In 1968 ISO published its first standard on freight containers helping the way goods are shipped, also helping organisations plan to maximise the container capacity.

(ISO standards are mentioned in Vispring / Retailer trade agreements, setting out a minimum requirement for Quality Management.

International Chamber Of Commerce (ICC)

I.C.C was established in 1919 by a group of entrepreneurs who called themselves “The Merchants Of Piece”. Developed to simplify customs procedures, prevent double taxation and introduce a rules based trading system. As well as establishing the International Court of Arbitrationin 1923. The I.C.C published and introduced the first set of Incoterms – setting out the requirements for payment, ownership of the goods and insurance.

Incoterms are detailed in the Vispring / Retailer trade agreements to determine who is liable for the freight charges, duties and taxes and when the transfer of ownership is changed.

In addition to Trade organisations a number of treaties have been implemented: International Convention on Civil and Political Rights.

Vispring has joined or subscribed to a number of trade organisations in various territories . Membership ensures we are kept up to date with changes to any legal requirements specific to the products it is selling.

International Sleep Products Association (ISPA).

In the USA we have a membership to the International Sleep Products Association (ISPA). Mattress being sold in the USA need to be fully compliant with Federal Flammability Standard: 16CFR Parts 1632 and 1633, Law Label Requirement, Flammability Label Requirements and Textile Label Requirements. In addition individual states in the USA require companies to be licensed (See appendices)

British Standards Institute (BSI)

In the UK we have membership to the British Standard Institute (BSI). Mattresses in the UK need to be fully compliant with BS 7177:2008, this specifies the requirements for Fire Testing, items required to be tested and the requirements for Permanent Labels.

The European Union (EU) rules on the single market, confirms products compliant with UK legislation are free in circulation and can be sold to other member states of the EU without barriers.

Israel

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The Legal Environment. (2019, Dec 13). Retrieved from http://studymoose.com/the-legal-environmentjack-hurdon-28th-march-2019-example-essay

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