ISBN 9788130910413,International Commercial Agreements

International Commercial Agreements

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Thorogood Limited

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ISBN 9788130910413
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ISBN 9788130910413
Publisher

Thorogood Limited

Publication Year 2009
ISBN-13

ISBN 9788130910413

ISBN-10 8130910411
Binding

Paper Back

Number of Pages 224 Pages
Language (English)
Subject

Business & management

electing institutional or ad hoc arbitration
Drafting an arbitration clause
Ad hoc arbitration clauses
Institutional arbitration clauses
Conclusion
COMPETITION LAW CONSIDERATIONS
Introduction
Articles 81 and 82 of the Treaty of Rome
EC law: the basic prohibitions
Article 81: Treaty of Rome
Infringement of Article 81
Minor agreements exempt
Article 82
Infringement of Article 82
Modernisation Proposals
Vertical Agreements
The exemption
Methodology of analysis of the Regulation
Specific vertical agreements
Agreements dealing with intellectual property rights
Competition and parallel imports
Typical licence of technology agreements
The Technology Transfer Block Exemption
Ancillary provisions
The protection of trademarks and the free movement of goods
Horizontal agreements
Block Exemptions for Specialisation Agreements and Research and Development Agreements
Scope of Guidelines on Horizontal Co-operation Agreements
Analytical framework
Research and Development Agreements
Production agreements
The Specialisation Block Exemption Regulation
Purchasing agreements
Commercialisation agreements
Agreements on standards
Environmental agreements
Mergers and joint ventures
Notification to the commission
The Merger Regulation
Mergers in the UK
The UK Competition Act 1998
UK competition law based on EU law
UK guidelines
The UK Competition Law
Conclusion
TECHNIQUES FOR DRAFTING COMMON CLAUSES
Introduction
Interpretation
Indemnity
Force Majeure
Change of control
Severability
Notices
Waivers
Conclusion
NEGOTIATING AND ENTERING INTO E-CONTRACTS
Introduction
Pre-contract considerations
Who are the parties?
Forming valid e-contracts
Using standard terms
Website design and hosting agreements
The Distance Selling Directive 1997/EC
The Database Directive
Conclusion
DRAFTING AGENCY AND DISTRIBUTION AGREEMENTS
Introduction
Types of arrangement
Distributor and agent contrasted
Sole and exclusive agents contrasted
Franchise
Commissionaire
The two classic forms of agency
Tax issues
Competition law and agency agreements
European law
Sale of goods by agents in the EU
Applicable law
Who does the directive not apply to?
Regime under the directive
Rights and obligations
Remuneration
Creation of agency agreements
Notice for termination
National breach of contract provisions
Non competition clauses
Damages and indemnity payments
Practical points for agents and principals
Sale of goods by agents outside the EU - relevant laws
Global overview of agency laws
English Common Law of Agency
Checklist of points to consider including in an agency agreement
Distribution agreements: type, form and key considerations
Common clauses in distribution agreements
Competition law distribution agreements
The Regulation applies to vertical agreements
The exemption
Guidelines
Practical steps
Laws of distribution around the world
Conclusion
INTERNATIONAL LICENSING AGREEMENTS
Introduction
What may be transferred
Typical clauses
Jurisdiction and applicable law
How much does it cost?
Computer software licensing agreements
The Software Directive
The Copyright Directive 2001/29/EC
Databases
Competition law
Conclusion.
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