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In place of direct distribution (through the creation of an establishment, a subsidiary or through DenE-Commerce), its products and/or services can also be distributed indirectly. Indirect distribution includes agents, distributors, franchisees or Commission agents. Are there laws that require distribution agreements or intellectual property licensing agreements to be registered with a government authority or approved by a government authority? What jurisdictions, procedures and remedies do suppliers and distributors have to resolve disputes? Are foreign companies limited in their ability to make use of these tribunals and procedures? Can we expect fair treatment? To what extent can an applicant require disclosure of documents or testimony from an opposing party? What are the pros and cons of a foreign company in resolving disputes in your country`s courts? The same applies to the guarantees granted to any downstream customer, unless the customer is a consumer because a consumer`s legal rights cannot be invoked. With respect to product recalls, there is no requirement in the act. According to the case law, a manufacturer must keep its products under surveillance and take the necessary preventive measures to identify risks to products protected by law (as health). The extent and date of these measures depends on the individual case, in particular the good risk and extent of possible injury (Federal Court of Justice, decision of 16.12.2008). Distribution agreements can determine which party is responsible for a recall and its costs. Individual agreements are not subject to specific limits. However, the terms and conditions are subject to strict judicial review: they may be unenforceable if they are incompatible with fundamental legal principles, if they limit essential contractual rights and obligations, if they are surprising or ambiguous (s.

310 al. 1, 307, 305c BGB). Therefore, these conditions should take into account who would normally be responsible for the recall and costs, depending on the product (loan or not, etc.). At the end of the distribution chain, consumer protection laws are enforced, that is, between the seller and the consumer who buys. Legal law provides a 2-year guarantee that the products are safe. In the event of a default, the buyer has the right to demand after-the-fact benefits (corrective or deliveries of a product without defect), a price reduction or a termination (all without fault) and, if the seller acted with fault (art.

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Interview with Ezra Shihan – Part 1

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