There is far more to the process of expansion into overseas markets
than the translation of the Terms and Conditions license. As one
instance alone, most nations require that all documentation supplied
with the product be in the local language, e.g. Sweden, and that
certain regulatory conditions be met. In the European Union (EU),
software agreements cannot exclude
"1) the making of back-up copies necessary for use of the software;
2) use of the software to observe, study or test the functioning of
the program in order to determine the ideas or principles underlying
it; and
3) in certain limited circumstances, the decompilation (reverse
engineering), i.e., copying of the code and translation of its form to
obtain information necessary to achieve interoperability of an
independently created program with other programs." (See YOUR SOFTWARE
AND HOW TO PROTECT IT, below.)
In addition, portions of the software itself may require
re-engineering or redesign for the new markets. The whole process of
preparing a domestic product for foreign markets is called
localization or globalization.
Localization has become a separate industry, with its own standards
and trade organizations. Localization companies can make certain that
all local languages, customs, and governmental regulations are
harmonized in the product. They maintain databases of language to
insure compliance and conformity. In Ireland, localization for the
European market is a major specialty of the Irish software business.
You would be well advised to seek out such companies. Google searches
with the terms _Ireland software localization_ will provide sufficient
results, including sponsored links.
Two primary links to help with localization and export preparation are
the US Department of Commerce (DOC) and the localization industry
group, Localisation Industry Standards Association (LISA).
DEPARTMENT OF COMMERCE RESOURCES
The DOC maintains several agencies and Web sites the sole purpose of
which is to assist US companies in their expansion into foreign
markets. Among the sites are:
http://www.commerce.gov (Home Page of the DOC)
http://www.commerce.gov/trade_opportunities.html
http://www.export.gov/
http://www.usatrade.gov (US COMMERCIAL SERVICE)
http://www.trade.gov/td/tic/ (TRADE INFORMATION CENTER)
LISA RESOURCES
http://www.lisa.org
Localization Industry Primer (Registration necessary)
http://www.lisa.org/products/primer.html
LISA IP Translation Members
http://www.lisa.org/useful/translation.html
LISA invites its members who offer translation services to be listed
in this section. Please contact
Alison H. Rowles, Director
SMP Marketing Sarl
CP 199
Place de l'Ancienne Gare, 1
CH 1170 Aubonne
Switzerland
Telephone: 41 21 807 1675
Fax: 41 21 807 1661
email: alison@smp-m.com
LISA Quality Assurance Model
http://www.lisa.org/products/qamodel.html
"Assisting the localization development, production and quality
control processes for global product distribution The LISA Quality
Assurance (QA) Model provides guidelines and metrics for localization
quality. The documentation and templates help clients and their
service providers implement a synchronized QA system at multiple
production sites. All registered users are published by LISA to
familiarize more localizers with the model and to increase networking.
The LISA QA Model is the result of localization professionals working
together to influence the industry with standards, tools and quality
procedures. The original guidelines are updated to include the
Japanese, Korean, and Chinese markets, along with revised templates.
The LISA QA Model includes:
Revised Quality Assurance templates for Latin languages
Quality Assurance templates for Asian languages
Case studies and client requirements
Project management and the Quality Assurance process
The LISA QA Model version 1.0 templates with full documentation
The LISA QA Model is a Standardized Quality Assurance Model for
Software Localization
Localization Process Quality Control
QA Checkpoints
QA Procedures for:
Help
Software
Packaging
Documentation
Computer Based Tutorials
Printed and Online Documentation QA:
Language Quality Criteria
Formatting Quality Criteria
Functional Criteria
QA procedures for:
How to Use QA Form templates
Error Criteria
Quality Definitions
QA Form Template Samples
QA Checklists
Software Quality Checklists
Formatting
Country Compatibility
Language
Document Quality Checklists
Language
Formatting
Functional Art & Design
Project Management Follow-up Forms
Client Follow-up Form
Vendor Follow-up Form
Sampling
Types of Sampling
Acceptance Sampling
Acceptance Sampling Procedures"
LISA Localization Project Outsourcing Guidelines [Checklist]
http://www.lisa.org/tmp/Localization_Project_Outsourcing_Guidelines.pdf
LISA LEGAL RESOURCES
http://www.lisa.org/useful/legal.html
INTERNATIONAL E-COMMERCE REGULATION AND COMPLIANCE WHITE PAPER
(Registration required)
http://www.lisa.org/interact/2002/wpregister.html
"INTERNATIONAL E-COMMERCE REGULATION AND COMPLIANCE
What does the e-business need to know about legal and regulatory
compliance issues when offering its information and products online?
Whether a multinational company moving supply and consumer
relationships online or a start-up which may be international from its
inception, companies need to adjust their Web site content and
e-commerce strategies to comply with the laws of target countries."
INTELLECTUAL PROPERTY AUDIT CHECKLIST
http://www.lisa.org/useful/legal/IPAUDIT.PDF
"E. Trade Dress
Typically found in unique, distinctive or non-functional items, or
those bearing an indicator of corporate origin. Can include, without
limitation:
1. Packaging
2. Point of sale display
3. Colors
4. Trade show marketing
5. Graphic design
6. Web site design
F. Trade Secrets
Defined as items not generally known or ascertainable by proper means,
having economic value and the subject of reasonable precautions for
the secrecy thereof. Not typically registrable: dependent on
contractual, statutory or common law enforcement. Includes, without
limitation:
1. Software (source code, proprietary documentation)
2. Customer lists
3. Employee knowledge, training and experience (know-how)
4. Ideas
5. Combination of elements in the public domain (e.g. proprietary
glossaries
or terminologies)
6. Specially-developed customer information and sales practices
7. ANegative Information@ (e.g., negative results of R&D)
8. Production Processes
9. Survey/Research data and conclusions"
"B. Licenses
1. In-bound
2. Out-bound
3. Cross-licensing Agreements
4. 'Bundle of rights' evaluation: what has been licensed?
a. Field of use?
b. Territory?
c. Exclusivity?
d. Sublicensing?
e. Quality control mechanisms?
f. Periodic inspections/reviews exercised?
g. Indemnification?
h. Royalties?
i. Mode of delivery (tax treatment?)
5. Identification of License Manager"
SAMPLE LICENSE AGREEMENTS
To provide simple templates for some of the countries in the European
market, I have uploaded ten sample License Agreements to a Web site <
http://HWLaBadieJr.tripod.com/licenses/ >. These are only for
guidance. Special characters may not display correctly.
To view the documents:
Catalan http://HWLaBadieJr.tripod.com/licenses/catalonia.txt
Danish http://HWLaBadieJr.tripod.com/licenses/denmark.txt
French http://HWLaBadieJr.tripod.com/licenses/france.txt
German http://HWLaBadieJr.tripod.com/licenses/germany.txt
Italian http://HWLaBadieJr.tripod.com/licenses/italy.txt
Dutch http://HWLaBadieJr.tripod.com/licenses/netherlands.txt
Norwegian http://HWLaBadieJr.tripod.com/licenses/norway.txt
Spanish http://HWLaBadieJr.tripod.com/licenses/spain.txt
Swedish http://HWLaBadieJr.tripod.com/licenses/sweden.txt
English (UK) http://HWLaBadieJr.tripod.com/licenses/uk.txt
To use the documents, download the .zip file.
licenses.zip - http://HWLaBadieJr.tripod.com/licenses/licenses.zip
Download the standard form License Agreements for Catalonia, Denmark,
France, Germany, Italy, Netherlands, Norway, Spain, Sweden, and United
Kingdom. Replace every occurrence of XXXXXXXXX with the name of your
company. In each, replace California (or variant nationalized
spelling) with the State of your company's headquarters. In the German
license agreement, replace the YYYYYYYYY with the name of the city of
your company's headquarters.
The US English text of the agreement:
XXXXXXXXX, Inc. Software License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE" CAREFULLY BEFORE
USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE
BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS
OF THIS LICENSE, PROMPTLY RETURN THE SOFTWARE TO THE PLACE WHERE YOU
OBTAINED IT FOR A REFUND.
1. License. The software and any fonts accompanying this License
whether on disk, in read only memory, or on any other media (the
“XXXXXXXXX Software”) are licensed, not sold, to you by XXXXXXXXX,
Inc. or its local subsidiary, if any (“XXXXXXXXX”). You own the media
on which the XXXXXXXXX Software is recorded but XXXXXXXXX and/or
XXXXXXXXX's licensor(s) retain title to the XXXXXXXXX Software. The
XXXXXXXXX Software in this package and any copies which this License
authorizes you to make are subject to this License.
2. Permitted Uses and Restrictions. This License allows you to
install and use the XXXXXXXXX Software on a single XXXXXXXXX-labeled
or XXXXXXXXX-licensed computer at a time. This License does not allow
the XXXXXXXXX Software to exist on more than one computer at a time.
You may make one copy of the XXXXXXXXX Software in machine-readable
form for backup purposes only. The backup copy must include all
copyright information contained on the original. Except as permitted
by applicable law and this License, you may not decompile, reverse
engineer, disassemble, modify, rent, lease, loan, distribute, create
derivative works from the XXXXXXXXX Software or transmit the XXXXXXXXX
Software over a network. You may, however, transfer your rights under
this License provided you transfer the related documentation, this
License and a copy of the XXXXXXXXX Software to a party who agrees to
accept the terms of this License and destroy any other copies of the
XXXXXXXXX Software in your possession. Your rights under this License
will terminate automatically without notice from XXXXXXXXX if you fail
to comply with any term(s) of this License.
3. Limited Warranty on Media. XXXXXXXXX warrants the media on which
the XXXXXXXXX Software is recorded to be free from defects in
materials and workmanship under normal use for a period of ninety (90)
days from the date of original retail purchase. Your exclusive remedy
under this paragraph shall be, at XXXXXXXXX’s option, a refund of the
purchase price of the product containing the XXXXXXXXX Software or
replacement of the XXXXXXXXX Software which is returned to XXXXXXXXX
or an XXXXXXXXX authorized representative with a copy of the receipt.
THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES AND/OR CONDITIONS ON
THE MEDIA INCLUDING THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF
ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT
APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND
IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED.
XXXXXXXXX SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS LIMITED
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY BY JURISDICTION.
4. Disclaimer of Warranty on XXXXXXXXX Software. You expressly
acknowledge and agree that use of the XXXXXXXXX Software is at your
sole risk. The XXXXXXXXX Software is provided “AS IS” and without
warranty of any kind and XXXXXXXXX and XXXXXXXXX's licensor(s) (for
the purposes of provisions 4 and 5, XXXXXXXXX and XXXXXXXXX's
licensor(s) shall be collectively referred to as "XXXXXXXXX")
EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR
A PARTICULAR PURPOSE. XXXXXXXXX DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE XXXXXXXXX SOFTWARE WILL MEET YOUR REQUIREMENTS, OR
THAT THE OPERATION OF THE XXXXXXXXX SOFTWARE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN THE XXXXXXXXX SOFTWARE WILL BE
CORRECTED. FURTHERMORE, XXXXXXXXX DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
XXXXXXXXX SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY XXXXXXXXX OR AN XXXXXXXXX AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE
SCOPE OF THIS WARRANTY. SHOULD THE XXXXXXXXX SOFTWARE PROVE
DEFECTIVE, YOU (AND NOT XXXXXXXXX OR AN XXXXXXXXX AUTHORIZED
REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THE TERMS OF THIS DISCLAIMER AND THE LIMITED WARRANTY IN PARAGRAPH 3
DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER
ACQUIRING XXXXXXXXX PRODUCTS OTHERWISE THAN IN THE COURSE OF A
BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR
PERSONAL INJURY CAUSED BY XXXXXXXXX’S NEGLIGENCE.
5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING
NEGLIGENCE, SHALL XXXXXXXXX BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS
LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In
no event shall XXXXXXXXX's total liability to you for all damages
exceed the amount paid for this License to the XXXXXXXXX Software.
6. Export Law Assurances. You may not use or otherwise export or
reexport the XXXXXXXXX Software except as authorized by United States
law and the laws of the jurisdiction in which the XXXXXXXXX Software
was obtained. In particular, but without limitation, the XXXXXXXXX
Software may not be exported or reexported (i) into (or to a national
or resident of) any U.S. embargoed country or (ii) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals or
the U.S. Department of Commerce's Table of Denial Orders. By using
the XXXXXXXXX Software, you represent and warrant that you are not
located in, under control of, or a national or resident of any such
country or on any such list.
7. Government End Users. If the XXXXXXXXX Software is supplied to the
United States Government, the XXXXXXXXX Software is classified as
"restricted computer software" as defined in clause 52.227-19 of the
FAR. The United States Government's rights to the XXXXXXXXX Software
are as provided in clause 52.227-19 of the FAR.
8. Controlling Law and Severability. If there is a local subsidiary
of XXXXXXXXX in the country in which the XXXXXXXXX Software License
was purchased, then the local law in which the subsidiary sits shall
govern this License. Otherwise, this License shall be governed by the
laws of the United States and the State of California. If for any
reason a court of competent jurisdiction finds any provision, or
portion thereof, to be unenforceable, the remainder of this License
shall continue in full force and effect.
9. Complete Agreement. This License constitutes the entire agreement
between the parties with respect to the use of the XXXXXXXXX Software
and supersedes all prior or contemporaneous understandings regarding
such subject matter. No amendment to or modification of this License
will be binding unless in writing and signed by XXXXXXXXX.
XXXXXXXXX, INC.
*Note, these are standard forms, but may not reflect your own
circumstances. They are intended only as models, and no warranty to
their suitability is given or implied.
**A Greek license would be useless, requiring a special font to
display. Turkish, while using the Latin alphabet since the revolution,
is also not suitable for this answer. A sample Portuguese license can
be seen at:
GNU Project - Licenses
http://www.gnu.org/licenses/licenses.html
Licenças de Software Livre - Portuguese
http://www.gnu.org/licenses/licenses.pt.html
EUROPEAN UNION REFERENCES
YOUR SOFTWARE AND HOW TO PROTECT IT
a guide for small businesses on how to protect the software you have
developed
software document 30/4/01 2:47 pm
http://www.europa.eu.int/comm/internal_market/en/indprop/comp/software_en.pdf
"You can require users of your software to sign an ‘end-user licence’
before they use it. In a licence, you can set the terms under which
people use your software, including what uses are permissible. Since
you can require users to agree to the terms before they can gain
access to your software, this can provide a valuable form of
protection for your software.
Licences have legal recognition and protection to varying degrees in
different countries. Unlike copyright, trade marks and patents,
however, there is no international agreement covering the design and
status of end-user licences. It is important to bear in mind that end
user licences are not a form of intellectual property right in the way
that patents, copyright and trade marks are regarded as part of
Intellectual Property Law.
Licences can cover a wide range of issues. Many of these can be
confirmed by looking at the licence agreement that comes with any
widely-used software package.
First, and most importantly in terms of the protection provided, the
licence should make it clear that all intellectual property embodied
in the software belongs to you, including copyright, patents and trade
marks.
In addition, if you are allowing access to the source codes for any
purpose, the user must be required to sign a confidentiality agreement
in advance.
You can also provide for termination of the agreement in the event
that the user is in breach of any term of the licence and in certain
other cases. Some terminating events should be automatic e.g.
bankruptcy of the end-user. This is because a third party that may
take over the user’s assets will not necessarily be bound by the terms
of the licence. Some events may entitle you to serve notice, so that
the licence will terminate if the licensee has not complied within a
certain period.
The licence will also need to address the number of copies that can be
made: obviously distinguishing between the use of the software on an
organisation’s network and by individual users. Where special rates
are given for educational and non-commercial uses, the licence should
prohibit commercial uses.
Under the European Commission Software Copyright Directive, you cannot
restrict by contract the following:
• the making of back-up copies necessary for use of the software;
• use of the software to observe, study or test the functioning of the
program in order to determine the ideas or principles underlying it;
and
• in certain limited circumstances, the decompilation (reverse
engineering), i.e., copying of the code and translation of its form to
obtain information necessary to achieve interoperability of an
independently created program with other programs.
For a full description of the restricted acts, you may want to refer
to the Directive in the Official Journal of the European Communities
No. L 122, 17/05/91 p. 42, or via http://www.ipr-helpdesk.org which is
an initiative funded by the European Commission.
For networked software, the following issues will need to be
addressed:
• a licence fee payable at regular intervals e.g. monthly.
• payment for your personnel providing expert advice. If paid for
separately, provision for the payment of value added tax or its
equivalent will be required.
• payment for upgrades, where relevant.
A licence can also have defensive uses for you, in excluding liability
for loss or damage arising from use of the software. The effect of
such disclaimers may be limited in some jurisdictions. You should
discuss this issue with product liability insurers.
Finally, the licence can also provide for receipt of your bulletin
dealing with upgrades, errors and ‘patches’.
Where software has a number of applications, but you yourself are
interested only in licensing a particular one in the field where your
own expertise lies, you can sometimes find other income streams by
licensing others to develop alternative applications of it. In this
case the most important thing is a confidentiality agreement relating
to the source codes because the licensee will require access to these
in order to develop other applications. In most jurisdictions, this
can take the form of a simple letter signed by the licensee. Again, it
is advisable to seek local legal advice.
You should also address the issues set out above on end-user licences.
Given that it is quite straightforward to design and implement
software end user licences, software should never be sold without
requiring the end-user to agree what uses are permissible. The problem
is that the terms of the licence are dependent on the law of the
jurisdiction in which the software is sold.
There may, for example, be requirements that the contract is in the
local language, or it will not be binding on the end-user. This is not
too difficult in the case of software being sold over the counter on
disk. You will need a local lawyer to draft the terms in the local
language, and ensure that when the program is installed the licensee
agrees to the terms, which appear on the screen in the normal way.
In the case of software delivered on-line, the problem is much more
difficult to solve. The problem is that the terms of the licence are
dependent on the law of the jurisdiction in which the software is
sold. Another problem is that some jurisdictions require a signature
and do not recognize electronic signatures. At the very least, you
should consult a lawyer in each of the principal jurisdictions/markets
in which you wish to make the software available on-line.
Inserting a requirement that the software be governed by your own law
is only of limited assistance if you cannot pursue infringers in their
own jurisdiction.
Most importantly, you should consider technological protection
measures, i.e., anti-copying devices within the software, which would
guard against illegal copying."
EU HELPDESK
http://www.ipr-helpdesk.org
INTERNATIONAL RESOURCES AT EASTERN MICHIGAN UNIVERSITY (in cooperation
with DOC)
International
http://www.emich.edu/ict_usa/INTERNATIONAL.htm
Turkey
http://www.emich.edu/ict_usa/shrinkwrap_w_europe_turkey.htm
"Would a shrinkwrap license agreement be enforceable against an
end-user in your jurisdiction ? Are there any precedents in this
regard?
In principle, a "shrinkwrap" license agreement should be
enforceable against a Turkish end-user, provided that the end-user
knew of and accepted its terms upon acquiring the software. This
burden of proof presumably will prove unsurmountable in most cases.
In addition, such a license agreement may be deemed unenforceable
if the Turkish Foreign Investment Department has not approved its
terms. We are not aware of any case where a foreign software vendor
has sought approval of its shrinkwrap license agreement, primarily
because such software is typically imported into Turkey as a "good"
under the normal import procedures. Further research is required."
"Must or should the agreement be translated into the local language of
your jurisdiction?
Turkish law requires the translation of the shrinkwrap license into
Turkish."
"May the shrinkwrap agreement specify that it is governed by U.S. law
if it expressly states that the end-user is receiving its license to
use the software thereunder from a U.S. software manufacturer?
Yes."
Greece
http://www.emich.edu/ict_usa/shrinkwrap_w_europe_greece.htm
"Would a shrinkwrap license agreement be enforceable against an
end-user in your jurisdiction ? Are there any precedents in this
regard?
Although there is no case law to clarify the issue, there is
certainly a reasonable chance that the terms of a shrinkwrap
license, displayed on the box, would be incorporated into the
contract with the end-user."
"Must or should the agreement be translated into the local language of
your jurisdiction?
Yes."
Portugal
http://www.emich.edu/ict_usa/shrinkwrap_w_europe_portugal.htm
"Would a shrinkwrap license agreement be enforceable against an
end-user in your jurisdiction ? Are there any precedents in this
regard?
To the best of our knowledge, there is no case law on shrinkwrap
license agreement enforceability in Portugal. A shrinkwrap license,
however, might be deemed a contrato de adeso (an "adhesion
contract", i.e., a "take it or leave it" agreement). As such, if
the end-user were aware of the terms of the specific agreement, or
should have been aware, a Portuguese court would probably uphold
the language contained in the shrinkwrap license, provided such
language does not impose unreasonable obligations on the licensee.
For this purpose, the software manufacturer may find it advisable
to make the shrinkwrap license language as clear and conspicuous as
possible, particularly those clauses affecting the end-users'
rights (e. g., warranty disclosures and liability limitations)."
"Must or should the agreement be translated into the local language
of your jurisdiction ?
According to Portuguese law, goods sold in the Portuguese market
must have labels and instructions in the Portuguese language.
Hence, the shrinkwrap license agreement must be in Portuguese.
Also, use of the Portuguese language will aid in making the terms
of the agreement clearer for local buyers and avoid an argument
that it was not "clear and conspicuous" and, hence, an "adhesion"."
INFORMATION FROM DOC RESOURCES
Sweden
For further information please turn to http://www.datainspektionen.
http://web.ita.doc.gov/ticwebsite\euweb.nsf/Web+Users+Documents\All+Documents/8c52a786cedf61e7852568ba00503027?OpenDocument)
US COMMERCIAL SERVICE - Consulting and Advocacy
http://www.usatrade.gov/website/Website.nsf/WebBySubj/ConsultingandAdvocacy_AboutConsultingandAdvocacy
"Export Counseling
Our trade specialists near you work directly with our team of experts
overseas in getting you the information and advice that you needto
succeed. We can help you:
Determine the best markets for your products and services
Develop an effective export strategy
Evaluate international competitors
Identify and comply with legal and regulatory issues
Locate export financing
Settle disputes
Win contract bids
Learn about cultural issues and business protocol"
LOCAL OFFICES of US COMMERCIAL SERVICE
http://www.usatrade.gov/Website/Website.nsf/WebBySubj/ConsultingandAdvocacy_ExportCounseling
A BASIC GUIDE TO EXPORTING
http://www.unzco.com/basicguide/index.html
Chapter 7 - Preparing Your Product for Export
http://www.unzco.com/basicguide/c7.html#product
"A company may find that building international recognition for a
brand is expensive. Protection for brand names varies from one country
to another. In some developing countries, barriers to the use of
foreign brands or trademarks may exist. In other countries, piracy of
a company's brand names and counterfeiting of its products are
widespread. To protect its products and brand names, a company must
comply with local laws on patents, copyrights, and trademarks (see
Chapter 9).
A U.S. firm may find it useful to obtain the advice of local lawyers
and consultants when appropriate. The U.S. company may also find it
advantageous to apply for a patent for its product, as well as
applying for an international patent for the countries where it will
be
conducting business. For additional information about applying for
patents, contact the Patent and Trademark Office of the U.S.
Department of Commerce at 1-800-786-9199."
Chapter 9 - International Legal Considerations
http://www.unzco.com/basicguide/c9.html#intellectual
"Intellectual Property Considerations
Intellectual property refers to a broad collection of rights relating
to such matters as works of authorship, which are protected under
copyright law; inventions, which are protected under patent law;
marks, which are protected by trademark law; as well as designs and
trade secrets. No international treaty completely defines these types
of intellectual property, and the laws of the various countries differ
from each other in significant respects. National intellectual
property laws create, confirm, or regulate a property right without
which others could use or copy a trade secret, an expression, a
design, or a product or its mark and packaging.
The rights granted by a U.S. patent, trademark registration,
copyright, or mask work (semiconductor chip) registration extend only
through the United States and its territories and possessions. They
confer no protection in a foreign country. There is no such thing as
an international patent, trademark, or copyright. To secure rights in
any country, you must apply for a patent or register a mask work or
trademark in that country. Copyright protection depends on national
laws, but registration is typically not required. There is no real
"short cut" to worldwide protection of intellectual property. However,
some advantages and minimum standards for the protection and
enforcement of intellectual property exist under treaties or other
international agreements.
International Agreements: The oldest treaty relating to patents,
trademarks, and unfair competition is the Paris Convention for the
Protection of Industrial Property. The United States and over 130
other countries are parties of this treaty. The Paris Convention sets
minimum standards of protection and provides two important benefits:
the right of national treatment and the right of priority.
Overgeneralizing, "national treatment" means that a Paris Convention
country will not discriminate against foreigners in granting patent or
trademark protection. Rights may be greater or less than those
provided under U.S. law but the rights given will be the same as that
country provides to its own citizens."
[...]
"The United States' international copyright regulations are governed
principally by the Berne Convention for the Protection of Literary and
Artistic Works ("Berne"), to which more than 120 other nations adhere.
The United States is also a member of the Universal Copyright
Convention (UCC) and has special bilateral relations with a number of
foreign countries. Under the Berne Convention, works created by a
national of a Berne Union country, or works first or simultaneously
published in a Berne country are automatically eligible for protection
in every other country of the Berne Union, without registration or
compliance with any other formality of law. This is true of works
first published in the United States on or after March 1, 1989 the
date on which the United States acceded to the Berne Convention. Works
first published before March 1989 were protected in many countries by
virtue of the United States' membership in the UCC, if published with
the formalities specified in that convention. Older works may also be
protected as a consequence of simultaneous publication in a Berne
country, or by virtue of bilateral obligations. In any event, the
requirements and protection available vary from country to country,
and should be investigated before first publication anywhere."
[...]
"Piracy of copyrighted materials is also subject to criminal
penalties. In the United States, a person who willfully infringes a
copyright for financial gain is subject to a $25,00 fine, one-year
imprisonment, or both. If the offense involves a substantial number of
infringing copies of phonorecords or motion pictures, or trafficking
in counterfeit labels for phonorecords, motion pictures, or other
audiovisual works, the penalties may be as much as $250,000 and
five-year imprisonment. In addition, a court may order seizure and
destruction or other disposition of infringing copies and equipment
used in their manufacture.
Some foreign countries provide criminal penalties for infringement,
either as the exclusive remedy or in addition to private suits. The
remedies available against an infringer will vary from country to
country.
Ease of enforcement will depend on a number of factors. If a
government action is required, as with criminal penalties, are the
local authorities cooperative? If private remedies are available, may
the intellectual property owner get an injunction as well as damages?
How long will it take to get enforcement? What methods are available
to obtain proof? These and other questions are part of a detailed
study that should be done for each country before investing."
TRADE INFORMATION CENTER
http://www.trade.gov/td/tic/
http://www.usatrade.gov/website\MRD.nsf/Allwithout_CCG/0ddc49a8daa51fb58525687800562d2a?OpenDocument)
"1. INTRODUCTION This report provides an overview of the $800 million
computer hardware market in Ireland. It examines the market structure,
distribution practices, and highlights market opportunities for U.S.
firms seeking to penetrate the Irish and European marketplaces
2. MARKET PROFILE Software is one of Ireland's fastest growing
business sectors with growth being about 15% every two years. In 2000,
the Irish computer software market should exceed $800 million. The
Irish software industry is comprised of over 600 firms employing
almost 19,000 people in a broad range of activities including
development and customization, localization and translation,
production and distribution, and technical support. It is an
exported-oriented industry with over 90% of domestic production sold
abroad. Indeed, some industry observers rank Ireland behind only the
United States as a software exporter. The industry is comprised of
three categories of companies: multinational corporations (MNCs)
exporting to the EU and beyond, indigenous companies engaged in
exporting, and indigenous firms servicing the local Irish market. The
MNC sector is comprised of over 110 international software producers,
including: five of the top 10 independent software companies in the
world, seven of the top 10 package software vendors in Europe, and six
of the top computer services groups in Europe. U.S. firms account for
much of this investment with Microsoft, Lotus, Symantec, Informix,
Sun, Platinum, Novell and EDS having operations in Ireland. MNCs
account for almost 90% of industry output and are using Ireland as a
European localization and translation base. These companies not only
republish and distribute software from their base in Ireland but also
are involved in software localization, translating applications into
the major European languages and packaging those products for sale. As
a result, some 60% of all PC package software sold in Europe each year
is manufactured in Ireland. There are over 1,000 personnel employed in
localization, translation, and customization activities in Ireland.
Software localization is considered to have strong growth potential
within Ireland as the country has a significant competitive advantage
in this area. Ireland has become a significant world center for
software development because of its skilled, highly-educated
workforce, excellent supply infrastructure, cost competitive
environment, and sophisticated telecommunications network. The country
produces over 400 computer science graduates annually and these
individuals are being employed in the local software development
laboratories of major international software firms. There is also a
strong indigenous sector consisting of both small specialized firms
operating at the forefront of software development technologies and
larger companies that have successfully targeted niche markets
worldwide. Indeed, the small size of Ireland’s domestic market has
necessitated a strong focus on international markets by indigenous
firms in order to achieve sustainable growth. Thus, more than 80% of
all indigenous software companies are active in international markets.
3. MARKET ACCESS No import restrictions are imposed by the Irish
government on computer software imports from the U.S."
For further information please turn to www.datainspektionen.se
IV QUESTIONS ON CONSUMER PROTECTION:
A. WHAT LAWS/AGENCY GOVERNS CONSUMER PROTECTION IN HOST COUNTRY? The
Swedish Consumer Agency (Konsumentverket) handles consumer protection
in Sweden and there are a number of laws that govern the rights of
consumers. The most important are the Consumer Sales Act, the Consumer
Services Act, and the Marketing Act.
B. DOES HOST COUNTRY HAVE LEGISLATION THAT SPECIFICALLY GOVERNS THE
RIGHTS OF CONSUMERS ENGAGED IN ELECTRONIC COMMERCE TRANSACTIONS? The
above laws also apply to electronic commerce transactions.
C. DOES HOST COUNTRY HAVE LAWS GOVERNING THE RETURN OF DEFECTIVE
ITEMS? DIGITAL ITEMS? The Consumer Sales Act governs the return of
defective items, digital as well.
V. QUESTIONS ON MARKETING, ADVERTISING, AND LABELING REQUIREMENTS:
A. DOES HOST COUNTRY HAVE LAWS GOVERNING THE USE OF LANGUAGE IN
ADVERTISING? ARE CERTAIN SUPERLATIVES NOT PERMITTED (E.G. THE BEST,
BETTER THAN ALL THE OTHERS)? The Marketing Act governs advertising in
general. Comparative advertising is permitted. However, if a company
claims to be the biggest, it has to be able to prove this should the
Consumer Ombudsman deem it necessary. Therefore, companies generally
tend not to use this language.
B. DOES HOST COUNTRY HAVE SPECIFIC RULES ABOUT REBATES AND SPECIAL
OFFERS? The rules have become more liberal in Sweden during recent
years and merely state that offerings have to be presented in a clear
way, with the regular value stated.
C. DOES HOST COUNTRY HAVE RULES LIMITING OR PROHIBITING CONTESTS?
There are no rules that limit or prohibit contests.
D. DOES HOST COUNTRY HAVE RULES GOVERNING SALES AND ITEMS ON SALE?
Items on sale must be part of the vendor’s regular offering.
E. WHAT ARE THE LABELING REQUIREMENTS FOR PACKAGED SOFTWARE SOLD AT
RETAIL? There are no special labeling requirements for packaged
software sold at retail.
F. ARE THERE ANY LOCALIZATION REQUIREMENTS FOR IT PRODUCTS SOLD AT
RETAIL? See VI.
G. DOES THE HOST COUNTRY HAVE REGULATIONS STATING THAT TEXT ON
PACKAGING, INSTRUCTIONS, AND MANUALS OF GOODS IMPORTED AND SOLD IN
COUNTRY BE IN ITS NATIVE LANGUAGE? FOR EU COUNTRIES, IS THERE AN
EU-WIDE REGULATION MANDATING SUCH ACTION? All texts, instructions and
manuals must be in Swedish. The are some exceptions, e.g. custom
software when vendor and buyer agree on language.
VI. QUESTIONS ON STANDARDS/TESTING:
A. ARE THERE CURRENTLY ANY STANDARDS OR TESTING REQUIREMENTS FOR THE
IMPORT OF COMPUTER HARDWARE AND PERIPHERALS? IP NOT, ARE THERE ANY
REQUIREMENTS IN THE PROCESS OF DEVELOPMENT? To meet the EU EMC and Low
Voltage Directives, IT products sold in Sweden must carry the CE mark.
1) IF SO, WHAT ARE THE REQUIREMENTS AND WHAT IS THE PROCESS OF
COMPLYING? In order to be able to attach the CE mark on a product, it
has to be tested by an accredited testing lab to make sure it conforms
to the above mentioned directives. The company has to be able to
present a Declaration of Conformity if requested.
2) DOES THE HOST GOVERNMENT ACCEPT CERTIFICATION FROM U.S. TEST LABS
OR WILL THEY ONLY ACCEPT DOMESTIC CERTIFICATION? WITH WHOM MUST THEY
REGISTER (AGENCY, CONTACT NAME, PHONE NUMBER, FAX NUMBER, E-MAIL)? The
Swedish Government accepts certification from U.S. labs. For more
information please see www.swedac.se and www.semko.se.
Page 49 Office of Computers and Business Equipment, USDOC, November
1...
(document source:
http://web.ita.doc.gov/ot/mktctry.nsf/504ca249c786e20f85256284006da7ab/4e376c649c6bb6b1852569ea0055af8c/$FILE/ExportITEurope.pdf)
"Page 49 Office of Computers and Business Equipment, USDOC, November
1999 47 necessary to maintain the sites, answer customers' questions,
and fulfill orders generated electronically. For web sites,
localization in terms of "look and feel" also is critical, according
to European industry analysts. Web applications and content that cater
to local customs and culture will be well received. Software products
with financial applications sold in Europe must be compatible with the
Euro.13 Germany adopted the Euro, whereas the United Kingdom has not.
Software sold in Germany must be Euro-compatible and able to handle
the Deutschmark and Euro simultaneously until 2002, when the Euro will
completely replace the Deutschmark. Market experts recommend that
software vendors wishing to sell in the United Kingdom build in Euro
compatibility because it is expected that the UK will adopt the Euro
at some point in the future. The UK financial services industry is
Euro-compliant, due to its interaction with other European firms, so
any financial services software sold in the United Kingdom must
accommodate the Euro. E-commerce applications developed in the United
States will have to be changed for the European market to account for
differing payment methods. Credit card penetration in Europe,
particularly in Germany, is not nearly as high as it is in the United
States. Many European customers prefer to be invoiced after ordering
products over the Internet. Specifics on common German and UK payment
practices are detailed in chapters 3 and 4, respectively. Web sites
will need to accommodate these different payment systems. European
data protection laws that regulate the flow of personally identifiable
data, such as credit card information, also affect e-commerce
applications. The European Data Protection Directive is summarized in
Chapter 1. OFFER INPUT INTO TRADE POLICY FORMULATION
Countries' trade and regulatory policies affect business
opportunities, and the U.S. government works to create effective trade
policies that facilitate U.S. firms' international business. Many U.S.
firms work closely with U.S. government officials to formulate trade
policies vis-a-vis U.S. trading partners, including the EU. U.S.
government officials solicit and welcome input from U.S. industry on
issues such as trade agreements and trade barriers that impact firms'
ability to do business in foreign markets. The Trans Atlantic Business
Dialog (TABD) is an informal process set up by U.S. and EU businesses
to help shape U.S.-EU trade policy. The private sectors develop joint
U.S.-EU trade policy recommendations, working together with the U.S.
government and the European Commission. Joint U.S./EU working groups
make recommendations to governments on key priorities for the
transatlantic business community."
Companies producing customized software conduct product localization
and other custom d...
http://www.usatrade.gov/
"Page 1 Washington contact 1730 Rhode Island Ave.
(document source: http://web.ita.doc.gov/ticwebsite\educate.nsf/All/0b9f66dc78b4e6db8525686200620a6e/$FILE/LISA+Localization+Conference+9-10+March+2000+--Wash+DC.pdf?pib2ip=170.110.104.27&pib2port=2100)
Page 1 Washington contact 1730 Rhode Island Ave., NW, Ste. 712
Washington, DC 20036 T 202/331-1550 * F 202/331-1663 E
main@robertbrandon.com 7, rte due Monastere 1173 Fechy - Switzerland T
+41 21 821 32 10 F +41 21 821 32 19 lisa@lisa.org www.lisa.org
Localization Conference Washington, D.C. March 9-10, 2000 WHAT The
Localisation Industry Standards Association (LISA) -headquartered in
Geneva- is sponsoring a major Forum for Industry entitled The
Multilingual Millennium: From Walls to Webs, in the Washington area on
March 9 and 10, 2000. LISA is the preeminent association promoting the
importance of localizing product to maximize export possibilities and
to globalize markets. In the past year, LISA has held Forums in
Shanghai; Monterey, Calif.; and Budapest. LISA will hold its June 2000
Forum in Yokohama. WHO LISA's Forums attract 350-400 executives from
"product" producers (software & hardware, hard goods shipped or
produced globally, e-businesses), localization service providers
(translators and localizers, tool manufacturers, multilingual web
integrators, etc.), and many start-ups on the product and service
sides of the industry. The DC 2000 Forum and pre-forum activity
sponsors to date include Berlitz International, Deloitte Touche
Tohmatsu, IBM, Intertrans, Johnston & Associates, Inc., Sutherland
Asbill & Brennan LLP, TRADOS, and Global Business magazine. Program
partners include U.S. Department of Commerce International Trade
Administration, Greater Washington Board of Trade International
Business Council, Northern Virginia Technology Council, and the
Washington International Trade Association. WHY Localization is an
essential part of the growing global economy and the explosion of
e-business, which together eliminate borders, but not the need to
provide goods and services geared to many languages and cultures.
Producers increasingly need to globalize their product line and
services, making this a demand-pushed industry. Though increasingly
everywhere, localization still is not well understood by many
businesses, journalists, policymakers, and potential investors. The
Forum will be an opportunity to learn more of the details of
localization from leading industry executives and analysts. It will
provide a singular chance to gain more insight into the challenges and
opportunities for the localization industry, as well as to network
with business owners and other executives. LISA "PARTNERS" LISA is
entering "promotional partnerships" with a number of area and national
associations (trade associations, High Tech councils, Boards of Trade,
etc.) to promote the Forum nationally and locally. Because of LISA's
partnering with the International Trade Administration of the U.S.
Department of Commerce, additional promotion will be made in the U.S.
and worldwide to ITA's business constituents. Such partnerships
provide maximum exposure for the D.C. events. In return for promotion
and endorsement (use of logo, newsletter mention, and the like),
"partner" association members can attend the Forum at significantly
reduced rates. PRE-FORUM GLOBALIZATION SEMINAR LISA will also be
holding a one-day globalization seminar in Washington at the Ronald
Reagan International Trade Center on March 8. Expert panelists will
provide an overview of the importance to the U.S. economy of
localization; educate participants on how to reach global markets and
attract foreign consumers through developing localized versions of
their products; survey the technology that allows multilingual
Internet and product development; and explore business and investment
opportunities in the localization industry. This Seminar is for
businesspeople, service professionals, policymakers, and members of
the media new to localization who want an overall picture of the
reality of globalization and its impact in the new "multilingual
millennium."
Europe
Localisation Industry Standards Association/LISA
Founded in 1990 in Switzerland as a private, non-profit association,
LISA is now a premier organization for the localization and
internationalization of industry. The current memership of 180 (March
2000) includes software publishers, hardware manufacturers,
localization service vendors and an increasing number of companies
from related information technology sectors.
LISA defines its mission as "promoting the localization of industry
and providing a mechanism and services to enable companies to exchange
and share information on the development of processes, technologies
and business models connected with localization, internationalization
and related topics". One of the main vehicles for this are the LISA
Forums, at which members can listen to acknowledged industry experts
and exchange news and views, thus ensuring that multilingual software,
documentation and other products are manufactured worldwide to the
highest possible standards. LISA gathers, processes and distributes a
wide range of information on the industry and relevant issues.
The Localisation Industry Standards Association
7 Route du Monastere
CH-1173 Fechy, Switzerland
tel: 011-41-21-821 3210
fax: 011-41-21-821 3219
E-mail: lisa@lisa.org
web: http://www.lisa.unige.ch/" [http://www.lisa.org]
OTHER RESOURCES:Sponsored Links
Software License control for the Internet Age
http://www.belarc.com (White Paper)
Software Licensing
http://www.eAladdin.com (White papers and information)
SEARCH TERMS
Department of Commerce (search for _software localization EU_ at DOC)
EU contract law translation
Portuguese translation service
software localization service
globalization service
software license
All Google disclaimers apply. The above is not intended to be, nor
should it be regarded as, legal or commercial advice, and it cannot
substitute for counsel from qualified professionals. It is for
informational purposes only.
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