BUSINESS LAW 9A - Other independent contracts.pptx" and "BUSINESS LAW 9B - Contracts related to the marketing of goods Flashcards
What are the main types of international contracts for the construction of industrial works?
The main types include:
Construction contracts.
Design, build, and operate contracts.
Contracts for the construction of buildings, engineering works, and turnkey projects.
What is the FIDIC Suite of Contracts?
The FIDIC Suite of Contracts is a set of standardized contracts often used in international construction projects to ensure clarity and fairness in complex projects.
What is international transfer of technology?
It involves the transfer of systematic and practical technical knowledge, either through the assignment of property rights or by granting a user’s license. It is regulated by the Paris Industrial Property Convention and the European Patent Convention.
What are the requirements for patentability?
For an invention to be patentable, it must meet the following criteria:
Novelty.
Inventiveness.
Industrial applicability.
What is “know-how” in the context of technology transfer?
Know-how refers to secret technical knowledge related to production or services that is not patented but is protected as a trade secret. It has commercial value because it is kept confidential
What is an international franchise agreement?
An international franchise agreement grants the franchisee the right to sell goods or services under the franchisor’s brand and use their uniform sales presentation. The franchisee pays fees such as an initial franchise fee and royalties.
What is the role of an independent foreign agent in international trade?
An independent foreign agent acts as an intermediary who finds buyers or sellers for the principal’s goods. They do not take title to the goods, bear no risk of non-payment, and are typically paid a commission.
What are the obligations of an agent under an international agency contract?
The agent must:
Look after the principal’s interests.
Act dutifully and in good faith.
Make efforts to find partners and conclude transactions.
Share information with the principal.
What is the difference between a sole distributorship and an exclusive distributorship?
Sole distributorship: Only the supplier and the distributor can sell on a specific territory.
Exclusive distributorship: Even the supplier is barred from selling on the territory (not allowed in the EU).
What is the principal’s obligation in an international agency contract?
The principal must:
Act dutifully and in good faith.
Share relevant information with the agent.
Pay the agreed remuneration to the agent.
When is an agent entitled to commission after the termination of an agency contract?
An agent is entitled to commission if:
The transaction is mainly attributable to the agent’s efforts during the contract period.
The transaction was entered into within a reasonable period after the contract ended.
The order reached the principal or agent before the contract terminated.
What is the significance of the EU Directive 2016/943 in protecting trade secrets?
The EU Directive defines a trade secret as information that is:
Secret (not generally known).
Has commercial value because it is secret.
Has been subject to reasonable steps to keep it confidential.
What are the key differences between an agent and a distributor?
Agent: Does not take title to goods, bears no risk of non-payment, and acts as an intermediary.
Distributor: Takes title to goods, bears the risk of non-payment, and resells goods independently.
