Section 11 of the Act provides various terms relating to the appointment of arbitrators and states that an application can be made out to the relevant court having jurisdiction over the subject matter of a dispute, in order to obtain an order of appointment of arbitrator. In a recent landmark judgment of the Supreme Court […]
You can find relevant, former articles on the IDI website at: https://www.idiproject.com/news/australia-update-report-senate-franchising-code-conduct-inquiry and https://www.idiproject.com/news/australia-report-senate-franchising-code-conduct-inquiry Following two further extensions by the Senate to the due date for the report, the report, Fairness in Franchising, was released on 14 March 2019 by the Parliamentary Joint Committee on Corporations and Financial Services (the Report). The full report is […]
In the decision no. DOK – 1/2013, issued on 25 June 2013 (DOK3-410-4/12/AS), the President of the Office of Competition and Consumer Protection considered as practice restricting competition and violating the prohibition mentioned in Article 6 (1) (1) of the Act on Competition and Consumer Protection, concluding by the company (franchisor) agreement with franchisees operating […]
Although the relevant contracts were license agreements for the sales of licensed football merchandise (merchandising), the decision in fact concerns the restrictions on the sales and distribution of such products within the EU and the EEA market. Basically, Nike Inc., through different subsidiaries of its group obtained the IP license for the manufacturing and distribution […]
The distributorship agreement was to remain in force until terminated by either party without a cause by serving 90 days advance notice. The agreement also provided an option to OTIS Elevator Company to terminate the agreement immediately after serving a notice of default to the distributor, and if the default continued for 10 days. The […]
Sub-postmasters were required to enter into agreements which were similar to franchise agreements. The Post Office claimed that they had found shortfalls – some small, but others large, in the accounts of 550 sub-postmasters. The Post Office demanded repayment, but the sub-postmasters argued that the shortfalls did not arise through their carelessness or dishonesty but […]
On June 2018 very few countries had fulfilled this obligation: Italy was one of the first one, through Law n. 63 dated 11.05.2018, and Spain has adapted it in February 2019. As the Directive says companies do valuate trade secrets as much as IP rights. In addition to patents, design rights and copyright, companies also […]
The decision primarily deals with the proof of damages in connection with a premature termination of a distribution relationship. Moreover, it discusses the proof of the net annual earnings in connection with a claim for goodwill compensation in terms of article 418u of the Swiss Code of Obligations (“CO”). The new decision is of considerable […]
Three remarkable decisions have been selected and presented below for the aim of reflecting the latest tendencies under Turkish case law. 1. The factors to be taken into account while calculating the goodwill indemnity of an insurance agent. In its decision dated 4.10.2018 and numbered 2018/6010, the 11th Chamber of the Supreme Court reversed the […]
The facts involved a Distributor (Cervigal SL) and Warsteiner Brauerei Haus Kramer KG (Manufacturer) who signed a distribution agreement for some beers. Once the agreement was terminated, the Distributor asked for a goodwill compensation of around 80.000 euros. First Instance Court n. 2 of Redondela, refused the claim because it considered that the Distributor did […]
1 Introduction Scandic Markiser AS (the franchisor) had terminated the franchise agreement with a notice period of three months due to falling sales compared with the previous year. About 14 days after the termination notice was sent, the franchisor terminated the agreement with immediate effect due to alleged material breach, claiming that SVT Gruppen AS […]
In 2017, the Franchisor and the Franchisee signed a Franchise Agreement granting the Franchisee an exclusive right to operate and sub-franchise a Russian ice cream brand “KOROVKA” (格林诺夫) in Lianyungang City, Jiangsu Province, China (“Territory”). The Franchise Agreement outlined detailed provisions regarding the benefits provided to the Franchisee for a share of the franchise fees […]
With this reform, the limits of the unlawful behaviour have been redefined and broadened, both under the subjective element and the objective element. With reference to the objective element of the conduct, the modified article 99 introduces the notion of “significantly benefits”, in order to explain what kind of goods could be recognized as infringing […]
NON-COMPETITION CLAUSE Injuction 2916/2018 Court of First Instance of Athens The applicant (franchisor) had created a business organizational system for the trading, commercial representation and manufacturing of electronic cigarettes and technical expertise for the provision of relevant and related services, and it had developed a network of shops via the franchising method. The defendant (franchisee) […]
Regarding the criterion of the main activity in relations of commercial representation Article 2 (2) of the directive regulates, that each member state has the right to foresee that this directive does not apply to those, whose activities of the commercial agents are considered as non-primary under the law of that member state. An issue […]
The consultation term has ended 31 January 2019. There is good news for the sector: it has become an independent act which does not relate anymore to the widely criticized Dutch Franchise Code. More good news: the bill focuses to a high degree on the precontractual information obligations, by which franchisees are protected from taking […]
In order to assess whether such a situation exists, the courts must therefore first establish the existence of an ‘economic dependence’ between two undertakings – that is to say, that one of them is in a situation such as to give rise to an excessive imbalance of rights and obligations in its commercial relations with […]
In order to better understand the seriousness of the consequence of a possible application of the principles established on territorial restrictions and cross selling, we should first of all analyse the distribution system implemented by Guess in the EEA countries. 1. The Guess distribution system in the EEA From the text of the decision, the […]
