Smooth and Clear Limited

Case

Smooth and Clear Limited (S&C Limited) is a company duly registered in “Sunny Island” a Caricom Country. They are involved in the manufacture and distribution of skin care products in the Eastern Caribbean and are seeking to enter the Jamaican market. S&C Limited’s signature product line “Glow” is known for its skin bleaching properties. The management of S&C have visited Jamaica on several occasions and have conducted surveys and feasibility studies. The company has contacted several business persons and entities in Jamaica and is now contemplating incorporating a new company in Jamaica with a different name solely owned by Smooth and Clear Inc.

You have been hired as a consultant to examine the legal and regulatory implications of S&C incorporating and operating business in Jamaica. You have noted the following in your preliminary research:

a) There are several complaints on S&C’s facebook page regarding scarring allegedly resulting from use of Glow.

b) S&C has several employment matters pending including conflicts with staff regarding work hours, overtime, maternity and vacation leave policies for employees and their preference for entering into contracts of service.

c) In addition they have been cited on several occasions for “not providing” a safe place of work.

d) The “Glow” name and logo is only registered in Trinidad, however, they have never sought to patent the secret formula.

Your discussion paper will be presented at their next management meeting for consideration. Your paper should discuss the legal and regulatory implications of their choice, your recommendations-with cogent reasons - of other options they may consider. The following matters should be reviewed:

i. The relevant compliance and regulatory matters in Jamaica. For the avoidance of doubt your discussion should include the requirements under the Companies Act and relevant Consumer Protection Laws.

ii. Potential contractual,...