2016 ACC Annual Meeting, October 16-19

2016 ACC Annual Meeting, October 16-19

Session 511: Going Global: A Direct-to-Consumer Global Market Expansion Primer

Presenters:
Shaka Johnson, Associate General Counsel, Oculus VR, LLC
Jonathan Jung, General Counsel, iLuv Creative Technology
Simon Seidler, Associate General Counsel, GoPro

Course Outline

Overview

· Walk through typical distribution methods

o [(mfr, distributor, retailer, consumer), (mfr, retailer, consumer), (mfr, consumer)

· Talk through a “start from scratch” approach

· Who, What, Where, When, Why, and How

Approach

· Experience-based, practical approach

· Not an instruction manual, more like a quick-start guide

· Local counsel is important, this approach increases effectiveness

Going Global – Considerations

· What do we mean by “Global”?

· What do we mean by “direct-to-consumer”?

· What is the product/service?

“Why” makes a difference

· Sometimes

· Serving underserved customers

· Saturated other markets

“What” makes a difference

· Physical goods

· Digital goods

· Services

“Where” makes a difference

· (picture of the globe)

· Going “there” is good

Where are you selling from?

· Where are the tax professionals?

· Logistics

· Reverse Logistics

Where are you selling to?

· The “free for all” countries

· Countries with consumers and money

· Language

· A word about the BRICS (be careful chasing them)

“When” makes a difference

· Easiest first

· First-world first

· All at once

“How” are you selling?

· How are you getting paid?

· What currencies?

· Duties, Tariffs, Fees (oh my!)

· Advertising and promotions

“How” is it delivered?

· Shipped

· Downloaded/Streamed

· Remote

“Who” is selling matters?

· Entities

· Agents/Distributors (indemnity and goodwill)

· Salespeople

BRICS part 2

· Brazil – imports, incentives, corruption, and theft

· Russia –

· India –

· China – regulated industries, joint ventures, consumers, and counterfeits

Other helpful tips

· IP issues?

· Are there regulatory requirements (wireless devices for example)?

· Consumer protection schemes (Brazilian consumer courts)?

· FCPA

· Customary t’s and c’s (UK example)

Additional notes

· ACC colleagues are a good source for local referrals

· Recommended publications