CHINA: Comments on the first Chinese Court decision recognizing and enforcing a foreign judgment on a franchise case on the grounds of reciprocity.

CHINA, 15 April 2021
Foreign franchisors have expressed concern about the recognition and enforcement of foreign judgments in China.

POLAND: Verdict of the Appeal Court (Sąd Apelacyjny) in Gdańsk dated 26.05.2020 r. (V AGa 21/20).

POLAND, 15 April 2021
The prohibition on competitive activity by an agent during the term of an agency agreement derives from the general provision of Article 760 of the Civil Code, which provides for a duty of loyalty.

KUWAIT: Recent Decision of Kuwait Cassation Court on time-barred plea concerning compensation claim.

KUWAIT, 15 March 2021
Kuwait Cassation Court no 3416/2019 Commercial Circuit – Decision issuance date 22/12/2020.

COLOMBIA: Law 2069 of 31 December 2020.

COLOMBIA, 15 March 2021
The Colombian government recently issued Law 2069 of December 31, 2020, which aims to establish a regulatory framework that favors entrepreneurship, growth, consolidation and sustainability of companies, in order to increase social welfare and generate equity.

DENMARK: Danish principal was not obliged to pay goodwill indemnification at termination of agency agreement.

DENMARK, 15 March 2021
The Danish Supreme Court recently decided to what extent an agent's contractual obligations could be changed due to passivity. (Case n. BS-7909/2020-HJR - Jo & Co BVBA v. DK Company Vejle A/S - The Supreme Court's decision of 28 January 2021)

ITALY: Critical remarks on the investigation opened by the AGCM against Benetton for abuse of economic dependence in franchising.

ITALY, 15 February 2021
On 17 November 2020, the Italian Antitrust Authority (AGCM) opened an investigation against Benetton s.r.l. and Benetton Group s.r.l. for abuse of economic dependence in a franchising and product resale contractual relationship.

CHINA: Non-competition clause and agreement in a franchise business.

CHINA, 15 February 2021
Having non-competition terms in a franchise agreement is very common when negotiating a franchise business, however, how to draft such a clause or even inserting such provisions in an individual agreement on it could be tricky in China.

NORWAY: The definition of a commercial agent.

NORWAY, 15 February 2021
In a recent judgement from the Norwegian Appeal Court, the court ruled that the claimant – Norep AS (Norep) – was not entitled to indemnity in accordance with the Agency Act as it found that Norep did not qualify as an agent based on the definition in the Agency Act.

NETHERLANDS: Royal decree confirms effective date of 1 January 2021 for new Dutch Franchise Act.

NETHERLANDS, 18 January 2021
By royal decree of King Willem-Alexander of 25 November 2020 the new Dutch Franchise Act enters into force per the 1st of January 2021.