Distribution and Franchising

Recent Articles

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  21.02.2023

  Europe

  VBER and Ver­tic­al Guidelines leave ques­tion open on what re­stric­tions are per­miss­ible in In­ter­net sales

  Article 4 lit. e) VBER, newly introduced with the 2022 reform of the VBER, regulates a hardcore restriction for all forms of distribution that is specifically geared to Internet commerce, and is now central for the evaluation of by object restrictions on Internet commerce. The requirements are explicitly related to Internet commerce and form a uniform standard of review that is in principle free of contradictions. Together with the Internet-related explanations in the European Commission's Vertical Guidelines, this leads to an increase in legal certainty for the companies concerned. However, the...

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  06.02.2023

  UAE

  Bal­an­cing the books – new dawn for com­mer­cial agen­cies in the UAE

  The most significant update to the UAE commercial agencies regulatory regime in over 40 years has been enacted under Federal Law No. (3) of 2022 on the Regulation of Commercial Agencies (the “New Agency Law”) which comes into force on 15 June 2023. The New Agency Law entirely replaces Federal Law No. (18) of 1981 on the Regulation of Commercial Agencies (the “Old Agency Law”). The New Agency Law still retains a presumption of exclusivity in favour of a registered agent, however it reforms many of the main risks that have troubled foreign principals for many years, enabling...

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  14.06.2022

  England and Wales

  Spot­light on UK Design Law - Part 6 – ‘En­force­ment’

  As acknowledged by the UKIPO in its Call for Views, the UK has one of the most robust and effective intellectual property regimes in the world. However, the UKIPO appreciates that the cost of enforcing rights could be a barrier to enforcement, especially for individuals and SMEs. The Office has therefore sought views from the IP community on the effectiveness of the United Kingdom’s enforcement regime. In our view, the current system is still broadly effective. However, that is not to say that the system is perfect. Based on recent experience, it is clear that start-ups and SMEs are disproportionately...

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  07.06.2022

  England and Wales

  Spot­light on UK Design Law - Part 5 – ‘Fu­ture tech­no­lo­gies and com­puter-gen­er­ated designs’

  The UKIPO recognises that developments in technology act as catalysts for innovation in the designs sector. In its Call for Views, the UKIPO identified in particular the impact of artificial intelligence (AI) in the creation of designs. While acknowledging the benefits of AI tools for designers, the UKIPO emphasised the need to balance protection between designs created by humans and computer-generated designs. Section 2(4) of the Registered Designs Act 1949 (RDA) states that the author of a design shall, “In the case of a design generated by computer in circumstances such that there is no...

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  31.05.2022

  England and Wales

  Spot­light on UK Design Law - Part 4 – ‘First mak­ing avail­able’ and sim­ul­tan­eous dis­clos­ure

  Prior to Brexit, the ability to obtain automatic design protection across all 28 EU Member States shaped the business models and product launch strategies of many British designers. One of the most significant consequences of Brexit is that unregistered design rights can now arise only in the territory in which the design is “first” disclosed. Since the end of the transition period, many businesses have been left with the difficult choice of whether to seek unregistered design protection in the UK only, or in the remaining 27 EU Member States – as it appears that they cannot have...

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  24.05.2022

  England and Wales

  Spot­light on UK Design Law: Part 3 – ‘Over­lap between copy­right and designs’

  The UKIPO recognises that there is a lack of clarity on the extent of overlap between copyright and design law, and how they should co-exist. In particular, the Call for Views notes the uncertainty as to which designs should be considered original “works of artistic craftsmanship”, which qualify for a significantly longer term of protection than even the most generous of design rights. By way of context, UK copyright has traditionally only protected 2-dimensional artistic works except where they could be properly categorised as ‘sculptures’, ‘works of architecture’...

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