2023 IDI Annual Conference

RESTRICTIONS ON THE FREEDOM OF CONTRACT

To what extent can you trust that your distribution or franchise contract will not be reinterpreted or rebalanced by Courts

BOLOGNA | 9-10 June 2023

FULL PROGRAM SOCIAL PROGRAM
Introduction DISCUSSION PANEL. Encroachment, breach of exclusivity and reservation of rights in franchise agreements DISCUSSION PANEL. Penalty and liquidated damages clause: where can they be declared null or readjusted by Courts DISCUSSION PANEL. “Hot issues” regarding termination of distribution and franchising agreements DISCUSSION PANEL. Validity and effectiveness of jurisdiction and arbitration clauses Drafting a standard franchise agreement to be used word-wide, governed by the Unidroit Principles. To what extent can this kind of approach be practicable? 1 WS - IP protection of retail offline and online store’s layout 1 WS - IP protection of the layout of offline and online shops: the brand owner’s perspective 1 WS - DISCUSSION PANEL. Available IP protection in different areas of the world 1 WS - DISCUSSION PANEL. How to draft effective contractual provisions for decharacterising the shop 1 WS - DISCUSSION PANEL. The enforcement of IP rights in different jurisdictions 2 WS - DISCUSSION PANEL. Preparing for negotiation of the goodwill indemnity pursuant the “German model” 2 WS - DISCUSSION PANEL. Termination for cause as a mean for avoiding indemnity 2 WS - Setting-off the clients’ portfolio with the goodwill indemnity 2 WS - DISCUSSION PANEL. Strategies concerning the choice of forum and applicable law 3 WS - Introduction 3 WS - DISCUSSION PANEL. Online restrictions 3 WS - DISCUSSION PANEL. Complying with rules on “untrue agents” in retail agreements 3 WS - Dealing with dual distribution 3 WS - DISCUSSION PANEL. Active and passive sales revisited