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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 16928
Experience:  30 years as a practising solicitor.
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I’m shipping we deal with an organisation called BIMCO who

Customer Question

I’m shipping we deal with an organisation called BIMCO who have industry standard contracts which state their copyright. When I approached them verbally about a copyright infringement they said they don’t have the resources to chase these matters. Can the contract be declared void if it had been issued without the consent or fees paid to BIMCO?
JA: Do you have a registration record?
Customer: I only have a copy of the agreement signed this year which is with the old logo (changed in 2016) and the copyright clause has been deleted but the contract is still titled as BIMCO
JA: Have you talked to a local attorney? Has anything been filed in court?
Customer: Not yet. I want to get a basic understanding if there is a case to void the contract on that basis alone
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I also have a query about GDPR consent missing from contacts of employment
Submitted: 1 year ago.
Category: Law
Expert:  Virtual-mod replied 1 year ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 1 year ago.
I can wait thanks
Expert:  JGM replied 1 year ago.

Thanks for your question. I am a copyright solicitor in the UK. Can you explain the nature of your relationship with BIMCO please? Please let me see the contract if possible.

Customer: replied 1 year ago.
I approached a former colleague and of last year to form a partnership and approach a client I had been working with about a future cooperation. We were successful to obtain the business and at the time ha discussed initially to use his company with the full expectation to move the business into a second company once things settled down with COVID etc. He as CEO prepared a BIMCO agreement for the client to sign which they did and later sent me an offer of employment under his company with a further offer to be a director in the other company and to transfer possible profit to that company to pay me dividends. He had no intention to make me a shareholder nor move the whole business into the other company and I didn’t feel that this was legally correct so when I pushed for a shareholder agreement he basically told me he has the business and he withdrew his offer of employment to me. This is after I did all the work to recruit, book flights, prepare contracts for the crew. I have a copy of his BIMCO agreement which he presented to the client and I have seen that it is an old template (they updated their logo a couple of years ago) and he has removed the BIMCO copyright footer. As BIMCO issue their contracts to members through a system they control and invoice for, i believe this is an infringement of their copyright. The client would like to get out of the contract but feel legally bound to it as it has a minimum term of 12 months. It puts them in an awkward position as they have met this man once and have worked with me since 2007 so the entire agreement was on the understanding that they would continue to work with me
Expert:  JGM replied 1 year ago.

I still don’t understand what BIMCO is and what it provides.

Customer: replied 1 year ago.
BIMCO is the world’s largest direct-membership organisation for shipowners, charterers, shipbrokers and agents. In total, around 60% of the world’s merchant fleet is a BIMCO member, measured by tonnage (weight of the unloaded ships).
Customer: replied 1 year ago.
SmartCon is the new and improved way of working with BIMCO contracts. The biggest change is that you can finally download and have an authentic and secure version of a BIMCO contract on your own computer.Get the full overview under “Payment options and available contracts” and sign-up below, today.
Expert:  JGM replied 1 year ago.

So how and what is the business deal with the client? Can you explain your situation a little more please?

Customer: replied 1 year ago.
The client has signed the Contract unaware that it is not a genuine contract issued through BIMCO and there could be an infringement of the copyright . Can the contract be voided or termination given for thatt reason?
Expert:  JGM replied 1 year ago.

You haven’t told me what the contract is for and what services the company is to provide.

Customer: replied 1 year ago.
The contract is to provide seafarers for a ship. It explains the legal obligations as ship owner and crew manager, who is responsible for what costs and services and other clauses related to insurance etc.
Expert:  JGM replied 1 year ago.

And where does BIMCO come in?

Customer: replied 1 year ago.
The supplier provided an old BIMCO contract template to them which has not been issued through BIMCO. He had therefore abused their copyright. I have been in contact with BIMCO who have confirmed this now. I don’t think we need to go any further. Thanks for your help. All the best
Expert:  JGM replied 1 year ago.

That in itself wouldn’t void the contract. The issue of breach of contract is a separate one.