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FOCUS AREAS ~ LEGAL & REGULATORY FRAMEWORKS

Regulation of channels is the touched by a myriad of legal dimensions including contract, competition, trade marks, agency, intellectual property, US anti-trust, European Treaty of Rome, VAT, Customs and many other detailed issues. These articles touch on a number of important points and considerations for the channel manager. Please note that you should contact a specialist counsel before acting on any of the topics covered.

Articles

Facing up to grey markets
Max Hotopf
Legal but unauthorised channels bedevil many suppliers. But they can also be a blessing. We interview Anne Coughlan, professor of marketing at Kellogg School of Management about how to react.

Protecting the company’s trademark? That’s not my job!
Paul Sher
As a channel manager what do I need to know about Trademark Protection? Why should I care? In any case: What can I do about it?

Choice of law: Best legal strategy
Max Hotopf
By changing just one word in the contract and applying say English law rather than Belgian, you could avoid paying out hundreds of thousands of euros. Paul Sher, a partner at Rawlings Giles Sher, a law firm that specialises in channels and distribution looks at how to make the right choice of law.

Commission awaits Bayer decision
Max Hotopf
Remember all that kerfuffle last year when GlaxoSmithKline imposed quotas on its distributors in mainland Europe? In an effort to curb grey importing, GSK set limits on how much any distributor in any country could buy.

Planning for termination
Max Hotopf
Like divorce, cutting your links with channel partners can be arduous, expensive and stressful. Paul Sher, a partner at Rawlings Giles Sher, a law firm that specialises in channels and distribution, looks at how to get out smoothly.

GSK on collison course with the European Commission
Max Hotopf
Europe's top pharmaceutical wholesalers are set to take legal action against GlaxoSmithkline. The drugs giant has also put itself on a collison course with the European Commission with its latest attempt to limit parallel imports.

Distributors set to take legal action against GSK
Max Hotopf
Big pharmaceutical distributors are readying themselves for legal action against GlaxoSmithKline, claim the heads of national distributor trade associations. From the start of this year GSK has limited supplies to European distributors in order to halt parallel imports. The rest of the drugs industry is watching GSK's progress with bated breath. Merck Sharp & Dohme and Eli Lilly are both operating similar schemes and many other drugs companies are preparing to follow suit.

Car makers breath sigh of relief
Max Hotopf
Carmakers look set to keep most of the privileges they enjoy under the current European Union block exemption.

Making the agency model work in Europe
Paula Staunton
In our new legal regular column, Paula Staunton, a partner at solicitors Osborne Clarke looks at how agency agreements can be made to work in Europe. And everything you need to know about downsizing across borders.

Motor industry uses block exemption to cut dealers
Max Hotopf
Motor manufacturers are rationalising their dealer channels, following the introduction of the new European Union block exemption. This should lead to the emergence of larger dealer groups selling multi-brands.

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