Distributor Agreement In German

If a party`s market share exceeds 15% but not 30%, a non-competition clause applies for the duration of the contract if it is limited to a maximum of five years. If products are sold on premises owned by the supplier or if they are rented by the supplier from third parties that are not related to the buyer, the maximum penalty of five years does not apply. However, the non-competition clause may not exceed the period for which the buyer occupies the premises. At the end of the duration of the contract, a non-competition clause applies, where the market share of a party is 15%, but not more than 30%, if it is necessary to protect the know-how transferred to the distributor and limited to competing products, the premises of the concrete trader and a period of one year. Yes, a mediation or conciliation agreement is applied in Germany (§§ 1029 and § 278a ZPO). The proprietor of an EU trade mark has in principle the right to prevent all third parties who do not have their consent from using in their commercial transactions a sign identical or similar to that of the EU trade mark (Article 9 of Regulation No 2017/1001). However, these rights have been exhausted “in respect of goods placed on the market by the proprietor or with his agreement in the European Economic Area under this trade mark” (Article 15(1) of the EU Trade Marks Regulation). . . .