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CANADA: Fyfe v. Vardy (c.o.b. Dial-a-Bottle).

CANADA, 17 December 2018
In this recent summary judgment decision of the Ontario Superior Court, the defendants had granted certain rights to the plaintiffs to operate a “dial-a-bottle” business opportunity in a particular city.

SPAIN: Agents - Return of commissions already received and alternative drafting of the agreement.

SPAIN, 17 December 2018
The Court of Appeal of Barcelona has issued a judgment (406/2018 of September 20, rec. 354/2018 ECLI: ES:APB:2018:8348) voiding the clause foreseeing the return of a commission received by the Agent when the contract with the client ended.

UK: Agent for supply of downloaded software not protected by UK Regulations.

UK, 19 November 2018
The English Court of Appeal has decided in Computer Associates v The Software Incubator that an agent who represents a principal supplying software by electronic download only is not a commercial agent within the meaning of the UK regulations implementing the European directive on commercial agents.

SPAIN: a recent case law on goodwill indemnity in agency agreement.

SPAIN, 19 November 2018
Clientele remaining with the Principal; advertising by the Principal and prestigious brand: reduction on the maximum compensation.

POLAND: Verdict of the Polish Supreme Court dated February 15, 2018, I CSK 487/17.

POLAND, 19 November 2018
Polish Supreme Court ruled that, pursuant to the Polish Civil Code, payment of the commission is a necessary element of the agency agreement and that del credere clause is valid, provided that the agency agreement stipulates the remuneration for the agent.

ITALY: The consideration of the post-contractual non-competition obligation can be excluded in agency contracts.

ITALY, 15 October 2018
In recent years, the Italian Supreme Court issued two important judgments (Cass. No. 12127 of June 11, 2015 and No. 13796 of May 31, 2017), excluding the onerousness of the post-contractual non-competition agreement of the agent.

COLOMBIA: Recent decisions refine the essential elements to differentiate the Commercial Agency from the Commercial Concession Contract.

COLOMBIA, 15 October 2018
In recent years, Colombian courts have refined the elements that differentiate a commercial agency agreement against other similar arrangements, like distribution, supply, and concession schemes.

AUSTRALIA: Update - Report on Senate Franchising Code of Conduct inquiry.

AUSTRALIA, 15 October 2018
This is an update to our April 2018 Article published on the IDI April newsletter on the Senate Franchising Code of Conduct inquiry.

U.S.A.: Franchise Anti-poaching Agreements Under Attack in U.S.

USA, 17 September 2018
For more than 40 years, many franchisors have used provisions in their franchise agreements that prohibit franchisees from recruiting or hiring employees of other franchisees of the franchisor or of the franchisor itself.