Distribution, Commercial Agency, Marketing and Franchising Arrangements
We support our clients in the negotiation and legal drafting of their national and international distribution systems. Our advice extends to the selection of the most suitable distribution form to the strategic and contractual issues as well as the development of strategies for designation, including trademark applications before the national and international authorities.
The duties of a commercial agent include, in particular, the development of new markets nationally and internationally as well as customer care. For many companies the agent is an irreplaceable intermediary for sales. The individual drafting of a commercial agent’s contract is therefore very important and must incorporate key provisions, e.g. regarding the territory, the extent of distribution, provisions for payment of commission, non-compete clauses, reporting and marketing obligations and compensation claims upon termination of the contract. In this context we also have to consider any general terms and conditions of business as well as the increasingly important provisions of European and German cartel law.
The Commercial Agreements practice area at Taylor Wessing has many years of experience in the establishment of franchise systems and the supervision of franchisors and franchisees. In addition to drafting, we also represent our clients in disputes with contractual partners or third parties both inside and outside of court.
In the field of e-commerce we support our clients with the establishment of internet portals, B2B- and B2C-platforms as well as with the arrangement of strategic co-operation. Our advice includes the contractual structuring of internet distribution taking into account any consumer protection in place for this particular type of distribution. Together with our intellectual property colleagues we also advise our clients on the protection [and defence] of business models and technology as well as on issues concerning trademarks, competition and data protection.