You live in Vancouver and own a company that makes recreational trampolines. You have engineered a specialized trampoline material that retains its stretch and bounce over time and throughout harsh weather conditions. Since the start of the COVID-19 pandemic, your trampoline business has grown exponentially. Your product is very popular all across Canada. You are interested in expanding your business into the United States, but you have no interest in actually overseeing the cross-border operations. You have no time to learn the manufacturing and marketing regulations in America, and you are concerned about cross-border tax implications and border closures. You contact James, a leading manufacturer in the trampoline industry, who set up his business in Mexico 20 years ago and now manufactures and sells trampolines in both Mexico and the U.S. He has an excellent reputation for both safety and sales in both markets. His company makes decent trampolines, but they lack longevity and durability. James is interested in adding a high end durable trampoline to his product line. 1. To learn more about the durability of your product, James orders a shipment of two of each size and shape of your trampolines, to be delivered to his testing facility in Mexico. Its a large order, and while James has a good reputation, you do not know him very well. a. Which laws will govern this transaction? Why? (3 marks) b. Identify and explain how you could make this international transaction more secure. (3 marks) c. If you have doubts during the above transaction, who would you contact and what would you request? (2 marks) 2. You are seriously considering expanding into the American trampoline industry, by working with James. However, you are concerned about losing control over the new material you created that makes your trampolines so durable and springy. a. Name & explain what laws might help you protect your control over the trampoline material; include any benefits/downsides. (6 marks) b. What legal standard must be met before such protection will be granted? (4 marks) c. Where will you seek the protection? Through what procedure? (10 marks) d. How would you enforce such protection? (4 marks) 3. You and James decide to work together. You especially like that he has 3 U.S. manufacturing facilities and established connections with U.S. retailers. a. There are 7 major foreign market strategies. Identify and briefly explain the strategy that is the best fit for your work with James. Also, explain why this method is the best fit. (6 marks) b. What 5 major legal issues will you need to consider, before entering into this specific type of agreement? (5 marks) c. What major legal issues will you need to address in your contract that are specific to this type of foreign market expansion agreement? (9 marks) WARNING: NO COLLABORATION PERMITTED 4. You live in Canada, James lives in Mexico; you meet at his Arizona (U.S.) manufacturing plant to sign an 8 year contract. Two years into the contract, you and James have a disagreement. a. Which two methods of dispute resolution will you try first, and why? (5 marks) b. If this dispute goes to court, how will the court determine which jurisdictions laws to apply to the contract? (8 marks) c. There are many reasons to choose arbitration over litigation; name and explain two reasons specific to international commercial disputes. (4 marks) 5. The above issues are resolved. Six years into the contract, James arranges to meet you in Vancouver. He is arrested at the airport, when his flight arrives from Mexico. You learn there is a warrant for his arrest in the U.S. a. There is no warrant in Canada for James. Explain why he was arrested. (4 marks) b. What is the legal test? (2 marks) 6. Intellectual Property Law contains elements of public international trade law and private international trade law. a. Explain 5 ways IP issues are characteristic of Public International Law and 5 ways IP issues are characteristic of Private International Law. (10 marks) b. Explain why it is important for a Vancouver business owner to understand IP issues from both public and private international trade law perspectives. (5 marks)