Research Proposal on "Case in International Business Law"
Research Proposal 3 pages (1110 words) Sources: 3 Style: MLA
[EXCERPT] . . . .
International Business LawEnergyTech, Sonatrach, and others wish to enter into a joint venture (Sonaventure) for the construction of a pipeline that will transport liquefied natural gas from Sonatrach's refineries in Algeria through Tunisia, Libya, Egypt, and Jordan into Syria. Sonaventure will contract with local construction firms to assemble the sections of the pipeline.
EnergyTech's contribution will be a license of the Technology to Sonaventure, and EnergyTech will receive 10% of Sonaventure's annual profits, rather than a royalty. Preliminary negotiations will cover the establishment and terms of the JV as well as the licensing of the Technology.
The primary risk that is being taken by EnergyTech is the concern that its technology will be taken and used by another party. The use of subcontractors exacerbates that risk, because it increases the number of entities who will have access to the Technology, while, at the same time, decreasing the likelihood of a successful recovery from any one source if the technology was misappropriated. Therefore, the licensing agreement must look at the following factors: the definition of the use of the IPR under the license, whether such use is exclusive or non-exclusive, geographic limitations, application, quantity, confidentiality concerns, and derivate works or improvements. Another issue is that EnergyTech will not be taking a royalty, but will instead be entitled to a share of annual profits, which can make EnergyTech vulnerable to questionable accounting practices. An additional concern is that there are so many different countries involved in the transaction, which means that the laws of each of these dif
download full paper ⤓
Reasoning/Analysis/Conclusions: The license must be narrowly construed to only allow the joint venture to use it for the construction of the pipeline in question and to prohibit any member of the JV from using it for their own purposes, moreover because most of the involved countries are not members of WTO, EnergyTech needs to take substantial steps to protect its IP before entering into the agreement. Local laws can prevent, restrict, or alter licensing agreements, therefore EnergyTech needs to engage local counsel in each country to determine licensing rights, as well as insert a provision that Sonaventure is responsible for any licensing breaches, whether committed by Sonaventure or one of its subcontractors.
To protect EnergyTech's profit-sharing, the agreement would have to require the company to submit to International Accounting Standards, and to allow EnergyTech to hire an accountant to audit the books on a regular basis. This would prevent Sonaventure from creative accounting practices that would demonstrate no profit, thus depriving EnergyTech of its benefit of the bargain.
Choice of law and choice of forum provisions will be crucial parts of the contract, because of the involvement of so many different companies in so many different companies.
Because choice of law and choice of forum customs would not normally suggest the application of U.S. law in a contract dispute, it is essential that a U.S. choice of law clause be made a part of the parties' agreement. However, because… READ MORE
Quoted Instructions for "Case in International Business Law" Assignment:
My company, EnergyTech, is a small, privately run company based in Houston, Texas. EnergyTech has a U.S. patent on a special technology that is used in the construction of oil & gas pipelines (the *****Technology*****). Sonatrach, the Algerian state-owned oil & gas company, wishes to enter into a joint venture with EnergyTech and a number of other international investors (together, the *****JV Parties*****) for the construction of a pipeline that will transport liquefied natural gas from Sonatrach*****s refineries in Sidi Bel Abbès, Algeria through Tunisia, Libya, Egypt, Jordan and finally ending near the outskirts of Damascus, Syria. Sonaventure will not have any of its own employees; instead, it will contract with local construction firms in each of these countries to assemble the various sections of the pipeline.
The JV Parties will each contribute capital in exchange for ownership interests in the joint venture, which will be named *****Sonaventure.***** The only exception to this is EnergyTech, whose contribution will take the form of a license of the Technology to Sonaventure. Instead of a royalty, EnergyTech will receive 10% of Sonaventure*****s annual profits.
Preliminary negotiations for the joint venture agreement, which will contain all provisions relating to (a) the establishment and terms of the joint venture as well as (b) the licensing of the Technology, will begin in Algiers at the end of this month. My boss is a technical expert and will be flying to Algiers to give a brief background of the Technology and also to represent EnergyTech in preliminary discussions. Knowing that I have taken International Business Law, she asks me to write her a memo that:
 outlines the issues and risks that EnergyTech will need to consider overall in connection with the joint venture (not just in connection with the preliminary negotiation); and
 suggests any provisions that she should demand to have included in the joint venture agreement in order to protect EnergyTech*****s interests.
My boss understands that you I am not a lawyer and she is not looking for legal advice or conclusions. However, she expects you to use the knowledge you gained from the readings and lectures in International Business Law. I can consult any of the materials from that class and ANY OTHER materials available to me (general knowledge, Internet, etc.). To the extent that I do any research outside class materials, I should cite my sources in footnotes (which will not count toward the word limit).
Above all, my boss expects a well-written, thoughtful and professional work product. But because of the strict word limitation (see below) she also needs you to be concise and get straight to the point.
The memo should be not more than 1,000 words and double spaced.
NOTE: I WILL BE E-MAILING TWO POWERPOINT FILES THAT HAVE ALL OF THE CLASS NOTES FOR YOUR REFERENCE.
*****
How to Reference "Case in International Business Law" Research Proposal in a Bibliography
“Case in International Business Law.” A1-TermPaper.com, 2008, https://www.a1-termpaper.com/topics/essay/international-business-law-energytech/79226. Accessed 1 Jul 2024.
Related Research Proposals:
Business International Business Law Essay
![Paper Icon](https://www.a1-termpaper.com/images/term-paper-3.png)
Business
International Business Law
In the case of Lucy v. Zehmer 196 Va. 493, 84 S.E.2d 516 (1954), the Supreme Court of Virginia had to figure out the enforceability of… read more
Essay 4 pages (1268 words) Sources: 0 Topic: Law / Legal / Jurisprudence
Case Note and CAE Law Case Study
![Paper Icon](https://www.a1-termpaper.com/images/term-paper-3.png)
international business law, there are a number of different issues that are constantly being wrestled with. To spell out the different terms and agreements that are made during the course… read more
Case Study 12 pages (3545 words) Sources: 1+ Topic: Law / Legal / Jurisprudence
International Business Strategy in Vietnam Business Plan
![Paper Icon](https://www.a1-termpaper.com/images/term-paper-3.png)
International Business
Strategy in Vietnam
Based on the product life cycle, the sports equipment is in an incipient stage and this specifically restricts the strategy which can be selected to… read more
Business Plan 3 pages (965 words) Sources: 3 Topic: Business / Corporations / E-commerce
Business LawCorporation Case Study
![Paper Icon](https://www.a1-termpaper.com/images/term-paper-3.png)
Business Law
a) Robert sold his shares to Susan, who had insider knowledge of the transaction. This transaction, being between two parties and not conducted through the stock exchange, is… read more
Case Study 2 pages (586 words) Sources: 0 Topic: Law / Legal / Jurisprudence
International Criminal Law Term Paper
![Paper Icon](https://www.a1-termpaper.com/images/term-paper-3.png)
International Crime Law
The objective of this work is to Interpret Article 41 of the Vienna Convention on Consular Relations as it relates to the United States and other countries.… read more
Term Paper 6 pages (1557 words) Sources: 1+ Topic: Law / Legal / Jurisprudence
Mon, Jul 1, 2024
If you don't see the paper you need, we will write it for you!
We can write a new, 100% unique paper!