While China is the factory to the world, Korea is, still, a great choice for those that enjoy less headaches. Even though Korea tends to be easier to painlessly manufacture OEM in, Korea is not without risk or pains. Thus, we advised over the years on these pages to, always, do your due diligence in Korea.
We see an alarming number of cases of fraud and, also, an alarming number of cases where a product infringes on a patent or is made to standard that does not allow the item to be marketed.
I have wrote a good deal in other posts how the key to success in dealing with Korean businesses is, often, in listening to my wonderful Italian mother.
“My mother once told me to look both ways before crossing the street, carry an umbrella in the spring, and don’t go out alone at night. The advice can go a long way when doing business in Korea or in most parts of the world. It is best, before doing business with any Korean company to do a little due diligence (look both ways), have a carefully drafted agreement (carry and umbrella) and employ some Korean know-how (hire local professionals).”
This post will focus on one of the most important issues related to drafting OEM agreements in Korea. Please check on my numerous other articles on Korean Due Diligence including: Doing Business in Asia and Korea Contracts. Don’t Forget the Counter-Party. Please don’t forget due diligence. Also, don’t forget about liquidated damages: Liquidated Damages Clauses in Korea and the multitude of other issues discussed on this blog.
Specificity in OEM and Like Agreements in Korea
To, often, we see foreign-based OEM agreements drafted to less than a professional standard for the needs in Korea. Often these agreements are nothing more than cut and paste of product descriptions into an OEM agreement. No this is not adequate. It is, also, not adequate to just refer to your Spec Sheet. A little care at the beginning, often leads to, less headaches and costs in the end.
For example, I would never go into a bespoke suit shop and request a “beautiful two-button grey suit,” you, also, should not be ordering products based on general descriptions. Suits come with different fabrics, different buttons, different thread, different liners, different designs, different blah blah blah.
If your lawyers hasn’t broken your product down to the thread, you may have the wrong lawyer.
Ask you lawyer to provide you with a Specification Sheet Sample. Most good lawyers will have one. Fill-out the Specification Sheet Sample and have your attorney review it. Also, it may be advisable to have a QC professional (many law firms have them inhouse), also, review the Spec Sheet.
If you would like a consultation from a lawyer in Korea, please schedule a call at: Schedule a Call with an Attorney.
- How to Successfully Manufacture OEM in Korea: First Break Products Down to the Threads
- Last week’s Recap of the Top Legal Headlines in South Korea for the week of July 26, 2021:
- Last week’s Recap of the Top Legal Headlines in South Korea for the week of August 2, 2021:
- Last week’s Recap of the Top Legal Headlines in South Korea for the week of August 9, 2021:
- Alternative Legal Fee Arrangements at Korean-based Law Firms: Limited Scope Representation Explained
- Audit Proof your Independent Contractor Expenses
- Korean Corporate Tax Law Amendments for FY 2021
- New Korean Corruption Investigative Unit Established to Investigate High-Ranking Public Officials in Korea
- International Arbitrations in Korea under the IBA Rules
- Korea’s Fairness in Subcontracting Transactions Act Amendments of July 2021