IP clauses in contracts

Uniseliz, S.A.R.L, a French SME devoted to alcoholic beverages importation, signed an international sales agreement with a Cuban export company, where, both companies agreed on the sale of a lot of “Sierra Madre” rum bottles, “Sierra Madre” was registered in the European Union as a European Trade Mark and had a great reputation among rum connoisseurs since it is considered one of the best Cuban rums.

Lessons learned

Include in your distribution or purchase agreements a specific reference to the trademark of the goods you intend to buy.

Sometimes, a trademark could be even more important than the type of product or its quality.

An arbitration clause is almost mandatory in international purchase agreements. It may be very useful to avoid length litigations and the uncertainty and costs of litigating abroad.