International trade law refers to the body of law that governs international trade relationships between countries. It is a complex system of legal rules and regulations that sets out the rights and obligations of countries engaged in trade. International trade law covers a wide range of issues, including tariffs, trade agreements, intellectual property rights, investment, and dispute resolution.
Although International Trade sounds complex, our Firm makes it simple and safe. We understand the rules of trade within our regional blocs, and with Kenya’s international trade partners. To safeguard our clients from the risks involved, we conduct due diligence on the foreign sellers; bidding processes; the means and mode of carriage; insurance, and port clearances. International trade law also includes laws and regulations related to customs, import and export regulations, and trade sanctions. These laws are enforced by domestic agencies in each country and are often subject to international dispute resolution mechanisms, such as the WTO's Dispute Settlement Body.
We also advise and aid in applying for: Agreements or parts thereof with any country or countries relating to importation, exportation, or transit; Applied rates of duties and taxes of any kind imposed on or in connection with importation or exportation; Fees and charges imposed by or for governmental agencies on or in connection with importation, exportation or transit; Laws, regulations, and administrative rulings of general application relating to rules of origin; Import, export or transit restrictions or prohibitions; Penalty provisions for breaches of import, export, or transit formalities; Procedures for appeal or review; Procedures for importation, exportation, and transit (including port, airport, and other entry-point procedures), and required forms and documents; Procedures relating to the administration of tariff quotas; and Rules for the classification or valuation of products for customs purposes.
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Intellectual Property (IP) is described as the creation of the mind. Intellectual Property Rights (IPR) bestow upon the inventor/creator or their assignee a solitary right to completely employ their invention/creation for a specified duration. It is widely acknowledged that IP assumes a pivotal function in contemporary economics.
The significance of intellectual labor in innovation has been firmly established, as it constitutes a crucial factor in ensuring that public benefit is derived from such endeavors. The realm of research and development (R&D) has witnessed a substantial surge in costs, accompanied by a corresponding increase in the required investments for commercializing a novel technology.
Although all doctrines of IP are intangible, IP has acquired the same attributes as tangible property. Most forms of IP can be registered, sold, leased, transferred, licensed and used as security. Further to the foregoing, Kenyan law requires that all forms of IP regardless of their place of registration to be recorded with the Government.
In IP registration, we aid in: Conducting searches to ascertain the credibility of the applications; drafting specifications, lodge applications; give clarity on any issues that arise from the applications; advise and defend clients on issues relating to registration or protection of IPR; and commercialization of IP. Further, we advise and litigate on trade secrets and traditional Knowledge. The Firm also advises on Collective Management Organizations in Copyright and undertakes Recordation of IP.
Corporate law is a legal area that presides over the conception and functioning of companies. This pertains to the fields of contract and commercial law. In conformity with state regulations, a corporation represents a commercial enterprise structured as a legal entity. The regulation of the establishment, structure, and cessation of corporations is governed by varying legislations across distinct jurisdictions. A corporation is a legal construct that exists as a separate entity from its shareholders, possessing the capacity to engage in contractual relationships, institute legal proceedings, and undertake other operations necessary for the maintenance of a commercial enterprise such as: Sole Proprietorships, Companies, and Partnerships. Religious bodies, local churches, and Non-Governmental Organizations.
Mvera, Nyanje & Mambo Advocates LLP (MN&M) has an elaborate division in authority for: actualizing or guide in the: registration of corporate bodies; Management of the corporate bodies; and dissolution of the same. In the management of corporate entities, the Firm conducts legal audits to confirm compliance of the entities with the laws in place. The essence of the legal audit is to avoid criminal liability and increase the chances of winning any legal suit to 98%.
Further, the Firm undertakes:
In commercial transactions, the firm has extensive experience in: conducting due diligence; drafting; executing; editing; perusing and advising on: Purchase & Sale Agreements; Non-Disclosure & Confidentiality Agreements; Capital Equipment Purchase and Leases; Commercial Security Agreements; Commercial Property Leases; Construction Contracts; Consulting Agreements; Distribution, Dealer, and Sales Representative Agreements; Employment Agreements; Guaranties for Financing; Inter-Creditor, Subordination and other Banking and Lending Agreements; Joint Venture Agreements; Loan Agreements; Mortgages, Liens, Deeds and Easements; Security Agreements/Instruments; and Shareholder Agreements among others.