Monday, March 25, 2013

Industry announcement- Export Cargo


A key pieces of work for industry's information and/or comment have been released by the Office of Transport Security (OTS).

The Discussion Paper: Building a More Secure End-to-End Supply Chain for Our Australian Air Cargo Exports (Discussion Paper) outlines the key policy changes in the Securing the air cargo supply chain framework for international export air cargo. Before the new framework is put into place, industry members are invited to give feedback on what the proposed measures mean for your business and/or the changes in general. 

The Discussion Paper is a key piece of industry consultation, the feedback from which will inform the upcoming Regulation Impact Statement and ensure that the final security framework is appropriate for the Australian context. 

The proposed security changes will be implemented from July 2014 creating new regulatory obligations for businesses involved in exporting cargo by air. A summary of the new security framework is available from the Department’s website at securing the air cargo supply chain framework. 

Feedback from a range of air cargo industry participants and exporters will ensure that the final security framework is appropriate for the Australian context. 

To read the discussion paper and have your say, visit the website at: www.infrastructure.gov.au/transport/security/cargo 

Comments must be submitted by Sunday 28 April 2013.

To find out more information on what these changes mean for your business, the opportunities available under the new framework, or to register for industry updates, please contact us on:

Phone: 1800 007 024
Email: supplychaininformation@infrastructure.gov.au 
Visit: www.infrastructure.gov.au/transport/security/cargo 

The Export Barometer is back and you could win an Apple Ipad2


The Export Council of Australia would like to invite you to take part in the 2013 DHL Export Barometer.

Complete the survey and we’ll put you in the draw to WIN an Apple iPad 2!

The DHL Barometer surveys exporters around Australia each year about their views on the exchange rate, share market, skill shortages and other important issues that impact on their global business prospects.

The DHL Export Barometer is used by the Reserve Bank of Australia, other economic policy institutions and reported widely throughout the Australian media. 
Your views as a current exporter would be highly appreciated and will help DHL to provide a more accurate snapshot of the experience and views of Australian exporters in the current global economic environment.

To complete the survey and put yourself in the draw for an Apply iPad 2, please click here to access the survey link. 

The online multiple-choice survey takes less than 10 minutes to complete and you will be responding directly to DHL.

Should you decide to participate, a copy of the DHL Export Barometer executive summary will be emailed to you in July, giving you a head start on identifying key international business trends and planning your export strategies for the coming year.

Friday, March 22, 2013

Global Markets – Do We Really Need Translation Services?


By Cynthia Dearin

As globalization accelerates and volumes of cross-border and international trade continue to expand, Australian firms are being exposed to a range of opportunities in international markets. However, with the high Australian dollar squeezing margins and putting pressure on company budgets, firms are looking for ways to minimize costs.

Exporters and companies with international operations face challenging questions about the need to invest in translation and localization services. Is it really necessary to provide information to consumers and counterparts in languages other than English? Could doing so significantly increase the bottom line? Or would the money be better spent elsewhere in the business?

Surprisingly, it’s hard to overstate the value of translation services for companies looking to capture or retain market share in international markets. As Nataly Kelly and Jost Zetzsche point out in their new book Found In Translation, a recent study from industry research firm Common Sense Advisory found, based on a survey of consumers in eight countries that 72.4 per cent of consumers were more likely to buy a product if provided with information in their own language. In fact, more than half the respondents said that the ability to obtain information in their own language was even more important to them than price. Business owners take note: If you’re keen to differentiate your product in the international arena, language can be a differentiator.

Mark Saba, CEO of Australian translation services firm Anecsys Translation concurs.  "Making information accessible is vital to success in foreign markets. It’s about adapting a product to a culture, making it easy for to your customer to understand what you’re saying to them”.

“The easier it is for the potential customer to understand the product or service that is being presented to them, the more likely the exporter is to make a sale,” he says.

Research from the European Commission highlights similar trends. A 2011 study based on a Gallup survey of language preferences among Internet users in twenty-three European countries revealed some surprising findings. The study found that, when given a choice of languages, nine out of ten Internet users always visited websites in their native languages. 42 per cent of respondents said that they never purchased products and services in other languages.

The bottom line - as Kelly and Zetzche stress – is that translation is vital for any company that wants to do business in multiple markets. Customers expect to receive information in their native language and in an age of global competition and increased access to information, translating content into other languages is about being business savvy.

Cynthia Dearin is Managing Director of Dearin & Associates, a boutique consulting firm based in Sydney, Australia. Dearin & Associates specializes in offering government relations and regulatory compliance consulting and cross-cultural training. We also offer assistance with international market entry, export issues and procurement. While most of our clients are Australian businesses and non-profit organizations holding trade, investment or cultural ties to the Middle East and North Africa, our consultants have worked for top consulting firms and development agencies worldwide.


Sunday, March 17, 2013

Chile: Market snapshot

AUSTRALIA-CHILE TRADE RELATIONSHIP OVERVIEW

Chile retains an open economy with a liberal trade regime and has a stable democratic government. Driven by a market-oriented economy, Chile’s economic growth is propelled by exports, which account for more than one third of GDP, with commodities constituting almost three quarters of total exports. Copper, the country’s key export, provides one third of government revenue.  Other key exports include forestry products, vegetables, fruit, fishmeal, fish (salmon in particular) and wine.

Australia’s trade relationship with Chile is worth approximately AUD$2 billion and Australia is the sixth largest investor in Chile. The relationship between the two countries has been bolstered by the Free Trade Agreement (FTA), which entered into force on 6 March 2009. It was Australia's fifth FTA and the first with a Latin American country. The key interests and benefits of the agreement are:

• Elimination of tariffs on all existing merchandise trade by 2015
• National treatment for Australian goods, services and suppliers in the Chilean market for procurements above agreed value thresholds.
• Locks in both sides' liberal services and investment regimes
• Locks in both sides' high standards of IP protection for patents, trademarks, geographical indications and copyright.

Australia’s key exports to Chile are coal, beef, coke and semi coke of coal and measuring and analysing instruments. Major imports from Chile include copper, lead ores and concentrates, wood and fertilisers (excluding crude). 

The export of services to Chile are valued at AUD$224 million dollars with the two major contributors being professional, technical and other business services ($119 million) and education, worth $260 million.

Chile has a uniform tariff of 6 per cent; however, due to its network of FTAs, the average tariff applied is well under that. Chile has preferential trade agreements in place with 64 countries (including with 10 other APEC members – the USA, South Korea, Mexico, New Zealand, Singapore, Brunei, Japan, China, Malaysia, Vietnam and Peru). Chile recently signed agreements with Thailand, Hong Kong, Indonesia and Russia and is also participating in the Trans-Pacific Partnership negotiations. 

TIPS FOR DOING BUSINESS IN CHILE

Currently there are roughly 120 Australian businesses operating in Chile. As with most countries, it is difficult to do business without connections in the market. For that reason it is advisable to utilise the services provided by Australia’s state and federal trade bodies. They will be able to assist in providing forums to network and can connect you with the right people. The badge of Government is looked upon favourably in the Chilean business community. 

Trade and Investment Queensland
Av. El Golf 40 Piso 12
Las Condes, Santiago
Tel: +56 9 7387 2390
chris.rodwell@trade.qld.gov.au

Austrade
Av Isidora Goyenechea 3621 
Floor 9, Office 902
Las Condes, Santiago  
Tel: +56 2 733 4700
Daniel.Sullivan@austrade.gov.au

• Chile is considered a high-context culture, which means that generally the people are relational, collectivist, intuitive, and contemplative. People in these cultures emphasize interpersonal relationships and developing trust is an important first step to any business transaction.  Moreover, people in these cultures are less governed by reason than by intuition or feelings.  Words are not as important as context, which might include the speaker’s tone of voice, facial expression, gestures, posture and even the person’s family history and status.

 
• Additionally, it is important to balance your expectations around deadlines and adherence to time frames for completing tasks. Although this is a generalisation, it is prudent to follow up with people and regularly monitor progress on tasks as not to be left scrabbling at the last minute. 

•Although you will find that most top level government officials and businessmen and women can and will speak English, it is not generally very widely spoken in the country. When meeting with companies, unless you are sure that there will be a fluent English speaker present, it is advisable to have a translator. It is not uncommon for people to say they can speak English when really their English is very limited and this can make meetings difficult to conduct effectively.

•Translating marketing material into Spanish is also very important if you want to promote your service/product effectively. In the initial instance, translating a one pager on your company into Spanish and using that at expos and conferences may prove useful (Google Translate will not suffice). 

•Be aware that generally the working day starts between 9am and 10am and most people take roughly an hour, sometimes more for lunch. Most people finish work around 7pm (in Santiago peak ‘hour’ goes from about 6pm -8:30pm). 

OPPORTUNITIES FOR AUSTRALIAN EXPORTERS

Mining and METS 

Chile’s copper industry is the largest in the world and is complemented by a strong history of sustained growth in the mining sector and world class export infrastructure. Local demand for mining equipment and technology has been propelled by the growth in the mining industry (roughly 10 per cent per annum), and is serviced for the most part by foreign suppliers.

Looking ahead, a portfolio of mining projects equating to approximately USD $70 billion by 2018 puts the sector at the gates of a phase of unprecedented expansion. This will require overcoming several operational and geological challenges, for instance, decreasing ore grades. This creates opportunities for Australian suppliers, especially those that produce technologically advanced products and services that improve efficiency, productivity and sustainability.

Education and training

During his visit to Australia in July 2008, Foreign Minister Foxley signed three Memoranda of Understanding with Universities Australia, the Group of Eight Universities and TAFE Directors Australia for up to 500 Chilean scholarship students to study at the postgraduate level at Australian universities and up to 400 at TAFE Colleges, commencing in 2009.

In May 2012, 1,354 Chilean students were enrolled in Australian education institutions. Chile is currently the third-largest source of international students from Latin America, after Brazil and Colombia.

Chile also has the highest rate of computer ownership in the region and the Government invests a significant amount into ICT. There are therefore opportunities for hardware and software suppliers and demand for training and niche accreditation in the areas of insurance, banking, IT, hospitality and catering.

Energy

Chile is diversifying its energy supply matrix and increasing power generation capacity. The country boasts two liquefied natural gas regasification plants, a number of coal-fired plants in construction and others in planning, and large, medium and small scale hydro projects under development. There are opportunities for Australian companies in asset management, construction and consultancy. Renewable energy is also well supported by the Government, creating opportunities in project financing/ management, carbon trading and consultancy. 

Financial services

The financial services sector is the second-largest in Chile (behind mining) accounting for 16 per cent of GDP (approximately US$27 billion). There are opportunities for Australian financial services companies in the Alternative Investment Market as well as with mid-tire mining companies looking to raise capital/expand/diversify. 

Other

There are franchising opportunities for Australian companies in Chile as well as opportunities for agribusiness in the areas of ovine and bovine genetics and production technologies.

TIPS FOR IMPORTING INTO CHILE

For those looking to import in goods into Chile, there are two free trade zones (Zonas Francas), Punta Arenas in Region XII in the South of Chile and Iquique in Region I in the North. They are areas close to port facilities where goods are stored and technically considered outside of the national customs territory and therefore are free of import tariffs and the 19 per cent VAT payment. The goods can be stored in these zones for however long is necessary before they are transferred to their final destination. Customs taxes are only payable when the goods reach their final destination.  

Author: Stacey Mills
Export Council of Australia
Ph: + 61 2 8243 7460
Education & Training: www.aiex.com.au

Japan: Market snapshot

Bilateral Trade Relationship

Japan is the third largest economy in the world in terms of GDP and is characterised by a democratic, constitutional monarchy, respect for the rule of law and commitment to regional security. Japan’s large population and significant number of wealthy, highly educated citizens, makes it one of the world’s largest consumer markets in the world.

Australia and Japan share a strong bilateral relationship which is built on mutual interests, especially in the area of trade. Japan is Australia’s second largest export market. In 2011-2012 exports to Japan were valued at $53.1 billion or 16.8 per cent of Australia’s total exports. Japan sits behind the USA and the UK as Australia’s third largest foreign investor, with investments in 2011 totalling roughly $123.4 billion, of which over 40% was foreign direct investment.

In terms of merchandise trade, Australia’s key exports to Japan are coal, iron ore and concentrates, beef and copper ores and concentrates. In services, personal travel (excluding education) and transport contribute the largest amount in export value. Japan’s key imports into Australia are passenger and goods vehicles, refined petroleum and civil engineering equipment and parts.

Trade Agreements

A Free Trade Agreement (FTA) between Australia and Japan has been under negotiation since 2007. Two key benefits of the FTA would be reduced tariff and non-tariff barriers to trade and expanded export opportunities for trade in the agricultural sector which is currently quite regulated.

Japan and Australia also sit on a number of regional forums including APEC and ASEAN.

Economic Outlook

There are three key factors that could impact on Japan’s economic outlook moving forward. These include:

• The impact of the 2011 earthquake and tsunami which severely affected Japan’s global supply chains and has left the country with power shortages. Nuclear power constituted 30% of the total energy supply.
• Japan has an ageing population. By 2050, the population is expected to fall by 20 million from where it stands currently at 127 million. With fewer tax payers to fund the increase in expenses associated with an aging population, the government will be forced to increase taxes.
• The weak global economy is hampering the recovery of the Japanese economy following the devastating 2011 natural disasters.
• The Government is expected to continue with monetary easing in an attempt to stimulate the economy, and have increased their target inflation rate to 2 per cent. On a positive note, the weakening Yen is increasing competitiveness and analysts expect the strengthening of global markets, coupled with resilient domestic demand, will enable Japan to emerge from recession by mid-2013. Nevertheless, the future remains uncertain as the country faces an ongoing battle with deflation.


Doing business in Japan
The Japanese are very polite, and business etiquette is extremely important. Politeness, sensitivity and good manners are the pillars of Japanese business etiquette. When doing business in Japan, also take note of the following:

• Business cards should be printed with English on one side and Japanese on the other. It is not so important to have you address translated, more so you name and company name. Carry at least 100 cards for a one week business trip. Present your business cards with two hands and with the Japanese side facing upwards to the most senior member of the Japanese party first, bowing slightly as you do so. NEVER write notes on a Japanese business card, treat them with respect and store them away only after the meeting closes.
• English is not widely spoken in the business world so an interpreter is normally required
• Japanese business attire is formal. Men should wear blue or black suits, a white shirt and subdued tie. Women should be conservatively well dressed, wearing either trousers or a longer skirt suit.
• When it comes to attending business meetings, be sure to arrive at least 5 minutes early and call ahead if you are running late. Wait to be seated. It looks good to take a lot of notes during the meeting at it shows your interest in the matter.
• Do not shake your hosts hand when first meeting as the Japanese seldom shake hands. Be pleasant and do not speak derogatorily about anyone, even competitors, be willing to learn and ask lots of questions (just not about their personal life).


Opportunities for Australian Exporters
Prominent sectors including energy, education, food and agribusiness, have been identified as export growth markets. However, for Australian exporters, the focus should be on higher value-added and knowledge intensive sectors as these are seen to offer the most promising prospects for exports growth to Japan. These can include:

• biotechnology and nanotechnology
• building materials and products
• bloodstock and equine industry
• creative industries including architectural design and arts
• clean technology and renewable energy
• education and training
• food and agribusiness
• health and lifestyle products and services
• mining
• energy infrastructure
• finance and investment.
• information technology
• aerospace


Tariffs and taxes
Japan has low or zero tariffs on most industrial products but maintains tariffs and restrictions on some agricultural items. Australian products enter the country at the lowest rate notified, with the exception of preferential rates, with a ‘self-assessment’ system designed to accelerate customs clearance allowing prior calculation of duty by importers.

Author:
Stacey Mills
Export Council of Australia
Ph: 02 8243 7460
Fax: 02 9251 6492
Education & Training: http://www.aiex.com.au

Business Success in the US: US Consumer Trends for 2013

With nearly two dozen education sessions, the International Home + Housewares Show is a great place for retailers and manufacturers to look into the industry’s crystal ball. I attended a great session when I was in Chicago with Tom Mirabile who is the Senior Vice President of Global Trend and Design at Lifetime Brands Inc.  Mirabile outlined four key trends that will shape the US housewares market in 2013 and relate equally to all consumer products.

1.       Engaging Both Young and Mature Audiences
The first trend specifically applies to Gen Y, (ages 17-36), and Baby Boomers, (ages 37-67). “Gen Y is starting to move out of their family home, as the nation has added more than two million households in the past year,” he said. “This generation will determine what happens with housing in the next 20 years. They are creative, self-expressive, smart, innovative and resourceful. They create their own trends versus waiting to see what a trend is. About 70% of Gen Y’s have brand loyalty and they don’t make a purchase without consulting people. Gen Y have a rising affluence, so they have a strong position in the market.”

Baby Boomers, Mirabile said, “‘Seem to run the world,’ yet they only have 41% of consumer spending, so we give them too much credit.” There are 80 million Baby Boomers, he said, and they are reinventing retirement, partly out of need, but a large part is desire. “They are spending less on frills and more on experience. They don’t see themselves ageing, they see themselves evolving,” he explained.

In the middle of both generations is Gen X, who are ages 37-46, raising families and who have 21% of consumer spending. “Their median household has fallen 59% over the last eight years,” Mirabile said, so their discretionary spending is low. “So with these people you have to give them an experience and something special, as well,” he said. “They make shopping lists and keep them; they download coupons from site, so the engagement is very onsite. This generation is also big on in-home food experience and they are doing that with drink mixers, espresso machines, sushi cookware, cupcake pans and tortilla makers. They are looking for more retail experiences. The bottom line is that you have to follow the money trail and create products that are accessible to every generation.”

2.       Understanding the Changing American Dream
“The second consumer trend still entails owning a home,” Mirabile said, “but inside that home are changes taking place, including adjustable lighting, conversational seating, home décor and design. In particular, “people are spending even more time in their kitchens and creating memories with their children,” he said. “The kitchen is the foundation upon which many memories are built. So help the consumer create interaction.”

“With that kitchen foundation come the ‘what’s next’ culture,” Mirabile said. “For example, breakfast becoming a headliner, ‘mocktails’ in entertaining, tea is the new coffee and cured meats and charcuterie are what’s next,” he said.

3.       New Definitions of Value and Luxury
The third trend focuses on the value of products, partly due to the economic recession and limited discretionary spending. With this trend, “Being a smart consumer is a badge of honour,” Mirabilie said. “Consumers hunt for deals and discounts with relish, if not pride. It is enjoyable to save money, so home cooking is up. And do it yourself can be anything, including sewing, craft and even cleaning. Purchases are being driven by the total store experience, including convenience, relevance and compelling value regardless of location or value. It’s important to recreate that experience.”

4.       Perception & Reality: A Wake-Up Call
The last trend involves our society diversifying in new ways. For example, the number of married couples without children has increased, there is a decline in marriage rates and divorce is increasing among people ages 50 and over. “We have to pay attention to these wake up calls so that our message is broader, yet engaging and welcoming to every generation, ethnicity and age group,” Mirabile said. “There are so many new family types, including friends living together with children, grandparents raising children, and people who are unmarried with children. You need to consider those new family types in your messages.”

With that wake-up call mentality, Mirabile pointed out that product discovery has evolved to the
point where consumers are discovering new products “on the go” and even faster than ever. “Consumers love online reviews,” he said. “We still think that we have control over our brand. But people don’t listen to retailers, they listen to each other. They rely on you for information, but they rely on each other to say whether or not they should buy something.”

Author:
Ian Smith
CEO – Access USA Pty Ltd
0417 020 429

Monday, March 11, 2013

Export Council of Australia- the voice for Australia's exporters


The Export Council of Australia (ECA) is the peak Industry body for the Australian export community. The ECA is the next exciting step in the evolution of the Australian Institute of Export (AIEx) which, for over 50 years, has had the interests of Australian exporters at heart.

Last year the organisation underwent some major changes and we are very pleased to launch a new video to explain these changes.

Please enjoy!

Kind regards

Export Council of Australia

Wednesday, March 6, 2013

The Export Council of Australia supports the Governments industry and innovation initiative, but fails to understand the reduction to funding for the Export Market Development Grants (EMDG) scheme

The Export Council of Australia supports the Governments industry and innovation initiative, but fails to understand the reduction to funding for the Export Market Development Grants (EMDG) scheme.

“The two strategies seem to be in conflict”, Mr. Murray CEO of the Export Council of Australia said in response to the recent announcements. On one hand the Government is saying the manufacturing sector needs to be developed and innovation and export capability building are being encouraged, yet on the other, they want to take away the mechanism that is proven to assist Australian companies launch into export.

“The conflict”, Mr. Murray said, “goes further. Research clearly supports the fact that exporting companies embrace innovation, so why not support them as much as possible?”

Since 2010, the Government has reduced the EMDG scheme by 40% from a $200million cap to just $125million. Since that time there have been years when the payout has dropped to 60% off what exporters’ were expecting. This is despite every review undertaken by Government supporting the schemes excellent return on investment, as well as research by the Council showing that up to 26% of companies would never have entered into export without the program.

According to Mr. Murray this is one of the most difficult periods in the history for Australian business and particularly exporters. Countries around the world are pushing their export activity in an attempt to avoid recession. Low international currencies, low interest rates and strong government support is helping drive the export activity among our competitors.

“Now”, Mr. Murray said, “is not the time to pull back on supporting this important sector; a sector that contributes 22% to GDP and is responsible for one in five jobs.”

The recent changes to the scheme, apart from reducing the cap, include the reduction in support for established markets. Mr. Murray notes that nobody can argue against getting behind the trade opportunities presented by the Asian markets; after all Asian markets are expanding and contribute significantly to Australia’s export activity. However, it is imperative not to underestimate the value of established markets to new exporters. Many companies start out in the US and Europe and build from there. Reducing support in these markets, for what is a relatively small amount of money, simply doesn’t make sense.   

The Export Council of Australia encourages the Government to look at the big picture and ensure that programs designed to encourage industry development and innovation are closely linked with programs designed to build export participation and growth.    

For reference, the Export Market Development Grants Amendment Bill 2013 was introduced into Parliament on 13 February 2013 and contains some important changes to the Export Market Development (EMDG) scheme. A summary of key changes, are listed below:

• Excluding approved bodies and joint ventures, the maximum number of grants has been increased to 8
• Exclude expenses relating to the promotion of sales to the markets of the USA, Canada and the European Union in grant years six, seven and eight for all applicants except approved bodies
• Remove the limit on administrative expenditure from the legislation and introduce a power for the Minister to set the limit on administrative expenditure by determination
• Prevent further approval of joint ventures after 30 June 2013
• Remove event promoters from the EMDG scheme
• Prevent the payment of grants to applicants engaging an EMDG consultant assessed to not be a fit and proper person
• Enable a grant to be paid more quickly where a grant is determined before 1 July following the balance distribution
• Require applicants to acquit claims by individually paying for claimed expenses.


Moreover, the Gillard government released their Industry and Innovation Statement, A Plan for Australian Jobs, on 17 February 2013. Total Government investment in this scheme is $1 billion. Below is a brief summary of their key initiatives:
• A new Industry Participation Authority will help businesses build the capabilities and connections to win work
• Legislating Australian Industry Party (AIP) arrangements, requiring major projects worth $500 million or more to implement AIP Plan to give local industry opportunities to win work on a commercial basis.
• The Government will invest more than $500 million in establishing up to 10 Industry Innovation Precincts to drive business innovation and growth in areas of Australian competitive advantage.
• The first two Precincts will be a Manufacturing Precinct with locations in South East Melbourne and Adelaide and a Food Precinct headquartered in Melbourne.
• A new Industry Innovation Network will allow businesses around Australia to take part in Precinct activities, gaining access to knowledge, support, services and partnerships regardless of their location.
• A new $350 million round of the Innovation Investment Fund to stimulate private investment in innovative Australian start-up companies.
• Changes to venture capital tax arrangements to improve clarity and certainty for investors and encourage participation by "angel" syndicates.
• A new Growth Opportunities and Leadership Development (GOLD) initiative to provide focused support for SMEs with high growth potential.
• Extending the successful Enterprise Connect program for SMEs to more manufacturing firms and to new sectors like professional services, information and communication technologies, and transport and logistics
• A new Enterprise Solutions Program to help SMEs develop solutions to public sector needs and become better equipped to win work through public tenders.


- END -
Media contact
Ian Murray
Executive Director, Export Council of Australia
Tel: 02 8243 7410   M: 0438230245
E:
ianmurray@export.org.au

Business Success in the US: Managing the Risk of Product Liability in the U.S.

- Patrick B. Fazzone, Partner Butzel Long Tighe Patton, PLLC

The attractiveness of the U.S. market for consumer products is often offset by the challenges, especially the confusing puzzle of product liability laws. Since it is the product manufacturer that is in the best position to ensure that its products are not injurious to consumers in their intended use, this is an issue that first and foremost must be addressed by that party. Appointment of U.S.-based distributors does not remove a manufacturer’s duty to exercise care in the design, manufacture, presentation and marketing of its products. 

The proper course for a manufacturer who wishes to minimize the incidence of product liability claims is first and foremost to understand the laws in this area. There is no single uniform product liability law in the United States. Rather the “law” is a patchwork of fifty jurisdictions plus the federal government, each of which may approach issues of product liability differently.

It is not unusual for a single U.S. product liability claim to be stated or brought in multiple counts or theories. Normally, product liability causes of action will claim negligence, breach of warranty and strict liability in tort. Statutory claims may also be brought under circumstances in the manufacturer or distributor breached a statutory obligation to the class of persons of which the plaintiff was a party.

Risks of suit may be substantially reduced through an aggressive and comprehensive program which seeks to eliminate possible hazards in product design, or product manufacture as well as by improving warnings and instructions on the products to be manufactured for distribution in the American market. Some of the potential cost from a claim can be shifted through product liability insurance. However, insurance coverage cannot and does not remove the underlying potential exposure for injury due to use or misuse of a product.

Creating an effective program is not an impossible task. Rather it simply requires the attention and commitment of a company’s senior management acting with advice from counsel on the risks and how best to address them.

Patrick B. Fazzone, Partner Butzel Long Tighe Patton, PLLCPatrick specializes in sophisticated commercial transactions, corporate law, technology transfers and international trade law. Patrick has advised Australian companies on companies on the protection of their intellectual property, establishment and structuring of U.S. start-up companies, joint ventures and other commercial arrangements, managing the risk of product liability, contracting with the United States Government, and the drafting of sales and technology agreements. Patrick is also Chairman of the Trade and Government Committee of the American Chamber of Commerce in Australia. He focuses on providing practical and effective advice and solutions to his clients.