As is well known, European Union and Italian trademark legislation is based on the principle of the so-called “trademark exhaustion”, understood in the sense that, once a product is put on the market in Italy, or in the territory of the European Union or the European Economic Area (EEA) by the trademark owner or with […]
Saskatchewan’s first and only comprehensive franchise statute, The Franchise Disclosure Act (the Saskatchewan Act), received royal assent on May 8, 2024. Saskatchewan is the seventh Canadian province to enact franchise legislation, following Alberta, Ontario, Prince Edward Island, New Brunswick, Manitoba and British Columbia (collectively, the Regulated Provinces). On April 25, 2025, the Saskatchewan Gazette published The Franchise Disclosure […]
Many distribution agreements contain an arbitration clause. In Norway, the usual form of arbitration is “ad hoc” arbitration. Arbitration clauses are generally short – referencing only the Arbitration Law (LOV-2004-05-14-25). Lawyers are frequently appointed as arbitrators. And in small countries (or in large law firms…) the lawyer or his/her firm may have various connections to […]
On 18 March 2025, the Italian Competition Authority (AGCM) opened an investigation against the company Morellato S.p.A. for alleged anti-competitive conduct. In particular, this conduct consists in prohibiting the members of its (selective) distribution network from selling products on online platforms managed by third parties (‘marketplaces’), and the alleged unlawfulness of this conduct would derive […]
1. LEGAL SOURCES. Competition is at the heart of Canada’s economy. A healthy competitive environment pushes companies to be more responsive to consumer needs, resulting in greater choice, higher quality goods and services, and ultimately lower prices for consumers. In a significant step towards achieving the above and modernizing Canada’s competition laws, the federal government […]
One of the lesser-known but legally significant phenomena in trademark law is genericide or genericization. It is a process by which a formerly distinctive trademark becomes a common name for a type of product or service. As a result, the trademark owner may lose their rights, since the trademark no longer fulfills its essential function: […]
A franchisor (Leen Bakker) entered into a franchise agreement with a franchisee in 1995. Pursuant to that franchise agreement, the franchisee operates a home furnishings store under the Leen Bakker franchise formula. A termination clause in the franchise agreement provides, inter alia, that termination takes place with a term of 13 months, and that the […]
In Norway there are no specific laws on distribution, and agreements are subject to the freedom of contract. However, the general underlying obligations of loyalty fair dealing (which in Norway are codified in Marketing Act art 25) must be taken into consideration when assessing your rights and obligations. We touched upon this subject in an […]
Jura Poland is the exclusive importer of Jura brand coffee machines in Poland. The President of the Office of Competition and Consumer Protection (UOKiK) stated that Jura Poland, together with its official distributors, who were also retailers, including major electronics chains in Poland such as RTV Euro AGD, Media Markt and Media Expert, was involved […]
For the purpose of distributing the goods entrusted to it for sale, a real estate agent company uses the services of a commercial agent, by contract concluded in 2015. The principal having unilaterally terminated the contract in 2020, the agent, who had found clearly similar employment immediately after this termination, sued her for payment of […]
The Indian Government has published the draft Digital Personal Data Protection Rules 2025 (“DPDP Rules”), intended to provide the implementation framework required under India’s Digital Personal Data Protection Act 2023 (“DPDPA”) which was passed into law in August 2023 and has been in suspended animation since. The DPDP Rules provide clarity on various implementational aspects […]
In Kigen v NOR Capital [2024] EWHC 3164 (Ch), which was not a franchise case, the High Court was asked to interpret a clause to establish whether a “Success Fee” was payable. The case sets out the principles of contractual interpretation, that apply in the United Kingdom. The clause required a Success Fee to be […]
2. Seller’s contract avoidance requires a fundamental breach. 2.1 No fundamental breach if difference in quality is not significant (e.g. the goods are still usable). 2.2 No fundamental breach if defects can be easily remedied (except if buyer has lost confidence in seller’s ability to remedy). 2.3 No fundamental breach if the buyer refuses seller’s […]
The Australian Government has released the revisions to the Franchising Code of Conduct, with significant implications for both franchisors and franchisees. The Competition and Consumer (Industry Codes-Franchising) Regulations 2024 is to come into effect on 1 April 2025, (subject to some sections taking effect from 1 November 2025), (referred to here as the New Code). […]
China launched a comprehensive anti-corruption campaign in 2024 to rectify misconduct in the medical services and the purchasing and sale of medical products. The Central Commission for Discipline Inspection has issued several notices emphasizing the need to combat corruption in the pharmaceutical industry. On May 2024, the National Health Commission, along with 13 other government […]
On 12 December 2024, The Danish Eastern High Court issued an interesting judgment concerning an international distribution contract. The judgment concerned, inter alia, questions on exclusivity and the question of loss suffered by a distributor as a result of (direct or indirect) sales made by the supplier into a geographical area assigned to the distributor. […]
California Senate Bill 919 (S.B. 919), signed into law in 2024, marks a significant expansion to the California Franchise Investment Law (CFIL) and establishes new regulatory requirements for third-party franchise sellers.[1] This law mandates third-party sellers, including franchise brokers, broker networks, and franchise sales organizations, register annually with the state and comply with presale disclosure […]
Aroma Arbitration: Brewing Bias? The Ontario Court of Appeal’s recent decision in Aroma Franchise Company, Inc. v Aroma Espresso Bar Canada Inc. (the “Aroma Decision”)[1] explored the grounds of arbitrator impartiality and disclosure obligations under the UNCITRAL Model Law on International Arbitration (the “Model Law”), adopted in the International Commercial Arbitration Act, 2017, S.O. […]
