Search Publication

Vol 2 (2004) - Issue 3

Franchising in Austria

Alexander Petsche and Stefan Riegler,Wolf Theiss,Vienna

This feature gives an overview of the development of franchising in Austria. In particular, the relevant civil law provisions relating to franchising are explained and analysed. In addition, the features relating to competition law are examined.

Bulk buying and early settlement discounts

Joe Louw, Solicitor, Cape Town

This feature discusses a ruling in favour of the franchisee in a landmark South African judgment on this issue, despite the fact that there was no specific provision in that regard in the franchise agreement. (An as-yet unreported judgment delivered on 7 January 2004 in the High Court of South Africa, Cape of Good Hope Provincial Division: Cancun Trading No.150 CC (plaintiff) and Seven Eleven Corporation (Pty) Ltd (defendant).

China—Draft administrative rules on commercial franchising

Vivien Chan,Vivien Chan & Co, Hong Kong

Unofficial translation

Important trade mark judgments in India

Preeti Mehta, Partner, Kanga & Company, Advocates & Solicitors, Mumbai

In the light of the coming into force last year of the Trade Marks Act, 1999, Preeti Mehta analyses a number of important trade mark judgments in India. While the new Act attempts to make Indian law compliant with TRIPS, the existing basic trade mark principles are unchanged—so discussion of previous case law remains relevant in the current context.

New competition procedure regulation for Articles 81 and 82 EC Treaty

Albrecht Schulz, CMS Hasche Sigle, Stuttgart

On December 16, 2002 the new Council Regulation (EC) No.1/2003 (OJ L1/1, January 4, 2003) on the implementation of the rules on competition laid down in Arts 81 and 82 EC Treaty was unanimously passed by the Council of the European Union. It replaces Regulation (EC) No.17/62 (Regulation No.17). The reason for the new regulation was the extension of the number of EU Member States by ten countries as of May 1, 2004.

Italian Senate rules on the regulation of franchise

Professor Avv. Aldo Frignani, University of Turin, Frignani and Associati, Turin and Milan; Marzia Casatta, Frignani and Associati, Turin; and Daria Davitti, Eversheds, Cambridge

This translation of the Rules on the Regulation of Franchise, recently passed into law by the Italian Senate has been prepared to give readers an early opportunity to be informed of the new Italian law. A feature analysing the impact of these rules will be published shortly.

EU Report June 2004

André Bywater and James Webber, Eversheds LLP, Brussels

It is perhaps a case of rounding up the usual suspects again with the EU, as high profile state aid cases continue to grab the headlines in one way or another (Alstom, Alitalia and Ryanair, to name but three). The European Court of Justice has given an important ruling on the thorny issue of intellectual property rights and abuse of a dominant position (IMS Health) and the official hearing took place before the European Court of First Instance in the blocked EU merger case involving GE. Finally, although progress has been made on one EU intellectual property proposal (computer-implemented inventions) political argument continues on another (the EU patent proposal) undermining the EU’s aim at becoming the most competitive global economy.

US Report June 2004

Michael G. Brennan and Tara A. Cope, Piper Rudnick LLC, Chicago

In this issue, US Report discusses several recent court decisions on a variety of issues—the applicability of a state’s franchise law to a franchised business not located in that state; when does a dealer becomes a franchise; and what happens to sub-franchises when the agreement between franchisor and sub-franchisor is terminated.