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BLOCKCHAINS AND SMART CONTRACTS. THE SHAPE OF THINGS TO COME?

It seems clear that technological progress and its adaptation to business and social relations are moving at a faster rate than the capacity of the lawmaker to provide a proper legal framework in this area. There are two clear examples of this situation: the management of cryptocurrency, and “Blockchains”, which are closely linked to cryptocurrency. The Blockchain system is based…

SELECTIVE DISTRIBUTION AGREEMENTS. PROHIBITION OF SALES THROUGH NON-AUTHORISED INTERNET PLATFORMS

On the 6th of December 2017, the European Court of Justice (ECJ) issued a very relevant judgment regarding contractual restrictions on sales through the Internet (case 230/16). The matter submitted to the Court was referred by the Regional High Court of Frankfurt (Germany) regarding the dispute between Coty Germany GmbH (principal), as manufacturer of luxury cosmetic goods and Parfümerie Akzente…

CATALONIA: PRACTICAL ASPECTS OF THE APPLICATION OF ARTICLE 155 OF THE SPANISH CONSTITUTION.

On 27th October 2017 the Senate approved, by an absolute majority, the authorisation of the Spanish Government to carry out a series of measures in Catalonia, under article 155 of the Spanish Constitution, in order to fulfil constitutional obligations. Said measures had been proposed to the Senate by the Government a few days earlier, on 21st October, following the failed…

EXHAUSTION OF TRADEMARK, RIGHTS UNDER VOLUNTARY FRAGMENTATION OF PARALLEL RIGHTS

The issue of exhaustion of rights conferred by a trade mark in the context of the fragmentation of parallel rights with the same origin, which was supposed to be closed by the judgment of the EC on the IHT INTERNATIONALE in 1994, is back.  A request for a preliminary ruling concerning the interpretation of article 7 (1) of Directive 2008/95/EC on…

DISTRIBUTION OF LUXURY GOODS THROUGH THIRD PARTIES’ INTERNET PLATFORMS

In practice, suppliers of luxury goods trade their products through selective distribution networks formed by authorized distributors who must comply with a number of requirements for the purpose of preserving the exclusive character of their products. With the boom in sales of products in the Internet through third parties’ platforms, some problems are appearing between principals and distributors. For instance,…