Automotive - Bird & Bird
& Automotive
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AutomotiveOur International Automotive Industry Group provides a full range of contentiousand non-contentious corporate, commercial, intellectual property and regulatorylaw services to investors, manufacturers, suppliers, distributors and dealers.Our service is based on a deep knowledge of theautomotive industry; we genuinely understandthe key dynamics of the marketplace as well asthe business relationships that drive it.Through our heritage and expertise in intellectualproperty and other technology-driven sectors, wealso have a strong understanding of the processeswhich are critical to the successful growth anddevelopment of the sector including IT, electronicsand outsourcing.We are able to advise at all stages of the lifecycle of amotor vehicle – from initial design and developmentthrough to serial production, sales and distribution and,eventually, disposal. This includes advising on commercialcontracts, enforcement and exploitation of intellectualproperty, EU and competition law and other regulatoryand environmental matters (in particular sustainability),warranty issues, product liability and recall, financingand investment opportunities.We operate as one international integrated group witha common approach; our lawyers are used to workingtogether as a seamless team. Our ability to provideteams of expert lawyers in each of the major Europeanjurisdictions and in Asia ensures a uniformity of service,experience, approach as well as joined up thinking.Our clients range from large multi-nationals to smallerdomestic companies and include suppliers of automotiveparts and investment goods, motor vehicle manufacturers,distributors of motor vehicles, as well as logisticsbusinesses and investors.‘‘Christian Kessel is very good, getsdown to business, I would recommendhim to every company within theautomotive sector and has an advisoryapproach which is always innovativeand creative at the same time.”Juve HandbookAboutBird & Bird is an international law firm that provides aunique service based on an extensive knowledge of keyindustry sectors and areas of legal practice. We have anoutstanding reputation for helping our clients achievesuccess through our innovative and creative solutions.We always put our client’s business objectives first.With offices in Abu Dhabi, Beijing, Bratislava,Brussels, Budapest, Copenhagen, Dubai, Dusseldorf,Frankfurt, The Hague, Hamburg, Helsinki, Hong Kong,London, Lyon, Madrid, Milan, Munich, Paris, Prague,Rome, Shanghai, Singapore, Skanderborg, Stockholm,Sydney and Warsaw and cooperation agreements inIndonesia, Korea, Malaysia, Portugal, Switzerland (Genevaand Lausanne) Tunisia and Turkey, together with closeties with firms in other key centres in Europe, Asia andthe United States, we are well placed to offer our clientslocal expertise within a global context.Automotive & 01
Legal issuesLife cycleMotor vehicle and associated legal issues lifecycle1.Design of new modelsDevelopment of parts3.Pre-production ofparts and prototypes4.Serial productionLegal issuesLegal issuesLegal issuesLegal issues1.1 Case study2.1 Case study3.1 Case study4.1 Case study IP rights Environmental andregulatory law issues at thisstage and throughout thelife cycleDeveloping a comprehensivegroup-wide frameworkagreement between a tier-1supplier and an OEM regardinga new family of cars1.2 Case studyAdvising on an internationalarbitration dispute involvingkey patents for interior cardesign spray technologyExamples of our experience2.1.3 Case studyAdvising a GPS systemdeveloper on the coordinationof environmental registrationsin Europe in light of theRoHS and WEEE directive1.4 Case studyAdvising a multi-industryconsultancy on the design andbuild of road car engines andarmoured fighting vehicles Technical & IP rights Outsourcing (developmentof component parts)Development agreementsREACH issues Financing of production andmanufacturing facilitiesDeveloping a standardjoint developmentagreement pursuant to therequirements of the EUResearch & DevelopmentBlock Exemption Regulationfor a leading supplier2.2 Case studyAdvising on the outsourcing ofthe design of manufacturingprototypes of drivelines andindependent suspensionsystems for armouredfighting vehicles2.3 Case studySuccessfully acting in a caseregarding infringement of designrights on rims for a leadingGerman manufacturer2.4 Case studyAdvising on infrastructureand data protection issues ofa car-to-car communicationsystem developed by an OEM2.5 Case studyAdvising a leading navigationtechnology supplier onlicensing of technology fora proprietary infotainmentsystem to a leading Italianand US car manufacturer Development agreements Tools agreements Production contractsNegotiating a worldwidestrategic supplier contract withan important tier-1 supplier3.3 Case studyImplementing an industrycost index for a tradeassociation of EU equipmentmanufacturers (compliancewith anti-trust law)3.2 Case studyAdvising on and negotiatingtools agreements includingadvice on the legalityof restrictions imposedon parts manufacturersusing tools owned by thesupplier in respect ofsupplies to third parties3.4 Case studySuccessfully acting ina high profile patentinfringement litigationrelating to turbochargers inGermany, France and Italy IP rights Supply agreements forparts, modules, systems,logistics agreements Competition law issuesSetting up a joint venturebetween a Europeanmanufacturer and an Indiancompany on the outsourcing ofspare parts production to India4.2 Case studyAdvising a major US tier-1supplier on the revision ofall its European contracts;drafting and adapting allrequired contracts to locallaws; roll-out management;training of members of thepurchasing department;transparent creation ofthe supplier webpage4.3 Case studyAdvising on a pan-Europeanlogistics outsourcing inrespect of the transportationof a major manufacturer’scomponents and body shells4.4 Case studyAdvising a German tier-1supplier on its threat witha delivery stop in order toenforce a claim for priceincreases vis-à-vis its customer(major German OEM)
5.Distribution toend customers6.Import and export7.Warranties8.DisposalLegal issuesLegal issuesLegal issuesLegal issues5.1 Case study6.1 Case study7.1 Case study8.1 Case study Distribution agreements Competition law issuesDefending a manufacturer’sselective and exclusivedistribution network beforethe French competitioncouncil further to a complaintby French distributors5.2 Case studyAdvising a leading starterbattery manufacturer onthe competition law aspectsof setting up a new Europewide distribution model5.3 Case studyAdvising a manufacturer ofautomotive lighting productson the compatibility ofcertain pricing practicesin the aftermarket withcompetition law5.4 Case studyNegotiating a joint ventureagreement for an OEM withan EU distributor for theimplementation of a webdistribution platform Customs and trade lawissuesAdvising on contractswith importers in AsiaPacific, including dealersin Korea, Malaysia, Japan,Thailand, Singapore,Hong Kong and China6.2 Case studyAdvising on several casesfor car manufacturers and/or car importers against theirdistributors, mainly withrespect to the termination ofthe contractual relationship6.3 Case studyAssisting in one of thelargest border seizures inItaly for patent infringementwhereby several thousand airconditioning units equippedwith a refrigerant importedfrom China to Italy infringedthe owner’s patent rights Defects Safety Product recallDefending the Germansubsidiary of a large US tier-1supplier in an 80m recall/warranty dispute with leadingOEMs and taking recourseagainst the tier-2 supplier7.2 Case studyAdvising a componentmanufacturer in connectionwith a global product recalland field refit due to defectivecomponents provided by athird party manufacturer7.3 Case studyDefending a 57m warrantyclaim brought by a largeUS manufacturer and itsSwedish, German and UKsubsidiaries on the basis ofdifferent governing laws7.4 Case studyAdvising a major Germaninsurance company onthe defence of the insuredtier-1 supplier in a productliability case against a leadingGerman OEM ( 75m) Specific environmental andsustainability issuesAdvising on the EUWEEE regulation (wasteelectronic and electricequipment regulation)8.2 Case studyAdvising on environmentallaw aspects as toclassified installation8.3 Case studyAdvising a leading insurancecompany on the impact ofthe WEEE regulation onits warranty insurances
IT and AutomotiveIT agreements, including outsourcingand managed services agreements Dealing with the complexities of contractual relationsand clash of cultures on the balance and allocation ofliability between OEM and Tier 1, Tier 2 suppliers andproviders of information technology Developing and negotiating IT outsourcing andmanaged services agreements Addressing the challenges in multi-tiering design andintegration projects when laying the contractual basisfor complex networks and IT architecturesDesign, manufacturing and logistics process Advising on purchase, licensing and maintenanceof computer-aided design software, hardware andtechnologies Dealing with business critical software applications,user interfaces and all major platforms, includingmulti-platform agreements Advising on sophisticated supply chain and logisticsagreements for all aspects of manufacturing, includingplanning, management, intellectual property licensing,transportation and storage Providing legal and regulatory advice in connectionwith the implementation of a world-class automatedmanufacturing and supply processFunctional safety, embedded systemsand open source Providing legal advice and risk assessment ondevelopment projects for functional safety systemsrelying on ISO 26262 Legal support for the development, procurement andmaintenance of embedded and cyber physical systems Advising on the regulatory and data privacy challengesin implementing and operating such systems Providing legal advice on IP and liability aspects relatedto the use of open source softwareInnovative usage concepts Drive and pay per use – advising on e- andm-commerce, including IT infrastructure projectsfor innovative distribution and usage models Providing compliance assessments on dataprivacy, telecoms regulatory and relatedonline marketing concepts04 & AutomotiveE-mobility/smart grids/telecoms Legal advice on regulatory requirements oftelecommunications law, energy law, e-commerceregulations, data privacy and data security laws Providing strategic advice for the protection ofinnovation and building the contractual frameworks toimplement business models associated with electricalvehicles in the world of e-mobility Support with standardisation, payment services, zoningregulations and planning lawBig Data and Automotive Legal advice on privacy, data ownership and datasecurity, standardisation and regulations regardingthe use of large amounts of data coming from vehiclesensors and components and their coordination withintelligent infrastructures Advice on the development and deployment of legalframeworks for liability allocation between OEM andsuppliers with regard to the use of big dataInfotainment Advice on the development and deployment oflegal frameworks for the relationships with contentproviders, IT providers and service providers Legal advice on telecommunication regulations, IPissues, connectivity, data access, TV and multimediacontent distribution, advertising and informationdistributionAutonomous vehicles and assisted driving systems Advice in the field of general tort law, product liabilitylegislation, product safety regulations and Advice on optimising contract structures, reflecting theappropriate allocation of potential risks and liabilityregarding the development and manufacturing ofautonomous vehicles and assisted driving systems“Alexander Duisberg has a stellarreputation with experiencethat spans the entire spectrumof matters in IT law.”Who’s Who Legal
Recall/Dispute Resolution advice1. Development of initial strategy For claimant or defendant Initial legal analysisNotification of defect Considering need for recall2.(safety relevant defect) Considering terms for recallRecall by OEM Evaluation of technical causes3.of (alleged) defect and legalassessment For internal risk assessment For submission to opponent In-depth evaluation of strengthsand weaknesses of caseLegal assessment4. Assessment of recall/warranty Defining thresholds for Involving insurer Providing continuous legalcosts incurred by OEMsettlementassessmentSettlement discussions If settlement is impossible5. Claiming damages Defending against damagesLitigation/ArbitrationAutomotive & 05
IP advice, enforcementand dispute resolution1. Ownership and entitlement of IP Collaboration agreements Consultancy and Trade mark clearanceTrade mark/design filingFreedom to operate opinionsConfidentiality agreementsRegulatory advice Leveraging your IP portfolio Technology transfer agreementsR&D agreementsIP due diligence/auditIP finance Multi-jurisdictional IP litigation Revocation, cancellation, Competition and licensing disputes Patent/trade mark/designemployment issuesCreation and evaluation Development of applicationstrategies Licensing and royalties Joint venture financing and2.opportunitiesand brandsExploitation3.Defence andenforcementopposition and entitlementproceedings Reputation management IP arbitration and mediation Passing off and unfair competitioninfringement actions Anti-counterfeiting and productpiracy strategy National and EU-wide borderseizures detention“Unlike many competitors, Bird & Birdhas managed to substantially expandits business in the automotive suppliersector by acquiring several new highcalibre clients.”Juve Handbook06 & Au
Our International Automotive Industry Group provides a full range of contentious and non-contentious corporate, commercial, intellectual property and regulatory law services to investors, manufacturers, suppliers, distributors and dealers. About Bird & Bird is an international law firm that provides a unique service based on an extensive knowledge of key industry sectors and areas of legal .
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3.1 General Outlook of the Automotive Industry in the World 7 3.2 Overview of the Automotive Industry in Turkey 10 3.3 Overview of the Automotive Industry in TR42 Region 12 4 Effects of COVID-19 Outbreak on the Automotive Industry 15 5 Trends Specific to the Automotive Industry 20 5.1 Special Trends in the Automotive Industry in the World 20
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