- Author(s): Richard Christou
- Publisher: Sweet & Maxwell
- Edition: 6 Ed
- ISBN 13 9789381082621
- Approx. Pages 1084 + contents
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Description
The publication of the sixth edition of International Agency Distribution and Licensing Agreements represents something of a landmark given that it now 25 years since the first edition came out in 1986. Although the basic prin¬ciples and purpose of the book remain unchanged, it has been considerably expanded over the years and is now somewhat more than double in size compared to the first edition. This has been due firstly to the inclusion of a substantial number of chapters on the local law of various important trading nations, and secondly to the need to deal in detail with the increasing impact of EU law over this period, which has been driven partly by the expansion of the EU to include many more Member States than was the case in 1986, but more particularly by the increasing expertise, experi¬ence and sophistication of the European Commission officials whose task it is to enforce EU law, and by the further development of a substantial body of case law based both on Commission Decisions and judgments handed down by the European Court. Although this edition does not neglect the development of the various harmonisation regimes designed to promote the free flow of goods and provision of services throughout the EU, and the growing emphasis on consumer protection legislation, perhaps the greatest impact has come from the transformation of EU competition law from its origins as largely, in effect, a rule-based system to one which is considerably more flexible and focuses on the economic impact rather than the form of the relevant transaction. The most radical changes in this direction stemmed from the Modernisation Package published in 2003 and founded upon Council Regulation 1/2003 (with its emphasis on self-assessment) and can now be seen more fully developed in increasing detail both in current Commission Decisions and in the approach taken in the latest round of block exemptions issued by the Commission. It is clear that EU competition law, by a different route, has come considerably closer to the US approach to antitrust law based upon the distinction between illegality per se and the rule of reason. Through the operation of Council Regulation 1/2003 this approach has now been adopted into the local competition law of the various EU Member States.
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Contents
1. Definitions and Interpretations
2. Agency Agreements Outside the EU
3. Agency Agreements Inside the EU
4. Distribution Agreements Outside the EU
5. Distribution Agreements Inside the EU
6. Selective Distribution for Technical and Luxury Products
7. Manufacturing Agreements Outside the EU
8. Manufacturing Agreements Inside the EU
9. Consultancy Agreements
10. Escrow Agreements
11. Software Distribution Licences
12. Trade Mark Licences
13. France
14. Germany
15. The Russian Federation
16. The United States
17. Brazil
18. Australia
19. Japan
20. India
21. The United Arab Emirates
22. China
23. Choosing between Agents, Distributors and Licensees practical guidelines
Appendices
Index
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Author Details
Richard Christou, Solicitor (M.A. Cantab.)
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