The Coronavirus and distributorship under the new ICC Force Majeure Clauses.

INTERNATIONAL, 24 March 2020
The purpose of this text is to introduce the new ICC Force Majeure Clauses in the context of the most conspicuous current example of an impediment beyond the control of the parties. The writer of this article was a member of the Drafting Group of the new ICC Force Majeure and Hardship Clauses, which are to be published soon. Also Fabio Bortolotti and Ercüment Erdem from IDI membership took...

NETHERLANDS: Upcoming new rules on franchising.

NETHERLANDS, 24 March 2020
In December 2018, the Under-Secretary of Economic Affairs and Climate, Mona Keijzer presented the Dutch draft Franchise bill to the franchise sector for the purposes of consultation. After completion of the consultation stage and after receiving the advice from the Council of State, an amended draft bill was sent on 10 February 2020 to the Dutch Parliament.

RUSSIA: The Russian Government has adopted rules for digital labeling of new products and order of access to labeling information.

On January 07th, 2020, the Russian Government completed another stage of implementation of the Track & Trace digital-labeling system called “Chestny ZNAK” (“ T&T System ”) by determining the labeling timelines and rules for selected products. Further, on the same date, the authorities published an order of accessing the information, on the turnover of the labeled products. These...

EU: IDI met with the EU Commission in view of the revision of VBER 330/2010.

EU, 17 February 2020
The International Distribution Institute (IDI) had a meeting at the European Commission with the team in charge of the revision of the VBER 330/2010.

MEXICO: Franchising and Data Protection.

MEXICO, 17 February 2020
In Mexico, the franchise agreement will be governed, and subject to the terms agreed, by the parties, as well as by the provisions set out in the Industrial Property Law (“IPL”) and its implementing Regulation and, for aspects not regulated in the IPL, the general rules of the Federal Civil Code and the Commercial Code will apply. Additionally, depending on the franchise, other laws may also...

SPAIN: Goodwill indemnity shall include all the remuneration of the agent.

SPAIN, 17 February 2020
The Supreme Court (Judgement 506/2019 of October 1 rec. 3226/2016 EDJ 2019/700965) confirms that Goodwill Indemnity in an Agency agreement shall consider all the retributive elements of the relationship included in all connected agreements.

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IDI, 20 January 2020
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POLAND: Does the conclusion on the contract on the material liability for entrusted property between the principal and the agent create an employment...

POLAND, 20 January 2020
On the 3rd of April 2019, the Polish Supreme Court (case no. III PK 99/18) has issued a verdict, in which he responded to the question, of whether or not concluding agreements on material liability for entrusted property (typical for an employment relationship), can decide on recognition of the agency agreement, as a contract of employment.

THAILAND: Guidelines on Unfair Trade Practices in the Franchise Business.

THAILAND, 20 January 2020
The Trade Competition Commission (TCC) on 6 December 2019 issue the “Guidelines on Unfair Trade Practices in the Franchise Business”.