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Vol 5 (2007) - Issue 4

Canada – Limits on the scope of intellectual property rights

Allen D. Israel, Lapointe Rosenstein LLP, Montreal

Recent judicial decisions in Canada have placed limits on the ability of different bundles or categories of intellectual and industrial property rights to cross-pollinate. This inquiry is typically undertaken in circumstances where competitive interests attempt to secure and enforce more than one form of intellectual property for the same product or service in order to obtain a competitive edge. Balanced against these private interests is the public interest in not allowing a person to unduly hinder the development of any art or industry or to unfairly impede free and fair competition in Canada.

China - New franchising regime: filing and information disclosure

Andrew Halper, Eversheds, London and Melinda Xie, Eversheds, Shanghai

Following the promulgation by the State Council of the Regulations on the Administration of Commercial Franchise Operations on 6 February 2007, the Ministry of Commerce (MOFCOM) issued the Administrative Measures for the Filing of Commercial Franchises and the Administrative Measures for the Information Disclosure of Commercial Franchises on 6 April 2007, both of which came into effect on 1 May 2007. The Filing Rules and the Information Disclosure Rules have clarified some of the issues which had remained ambiguous in the Franchise Regulations, and hence a comparatively clearer new franchise regime has come into shape in China.

Germany - Franchisee’s claim for compensation upon termination

Dr. Karsten Metzlaff, Noerr Stiefenhofer Lutz, Berlin

The question whether a franchisee is entitled to claim compensation from the franchisor after the franchise agreement terminates is of increasing practical significance in Germany. This article examines provisions of the German Civil Code and recent case law in Germany and Austria.

Indonesia - Further franchise regulatory developments

Richard Cornwallis, Makarim & Taira S., Jakarta

The Indonesian Government has passed Government Regulation No. 42 of 2007 dated 23 July 2007 on Franchise as part of an Investment Policy Package intended to promote the country's investment climate and improve legal certainty. It is also an effort by the Government to attract foreign franchisors to invest in Indonesia, to protect existing Indonesian franchisees and consumers and to give priority to local goods and materials.

French company’s dealership contract not enforceable in Wisconsin

Michael G. Brennan, Partner and Lauren J. Murov, Associate, DLA Piper US LLP, Chicago

The court considered Wisconsin’s strong public policy of protecting dealers through the provisions of the Wisconsin Fair Dealership Law in declaring unenforceable a forum selection clause in a dealership agreement between a Wisconsin dealer and a French supplier.