Seminar presented by the UIA with the support of the Porto Bar Association (Conselho Regional do Porto da Ordem dos Advogados)Register Now!

Cross-border contracts, fashion and intellectual property: a perfect match to face the challenges posed by the recent legal developments affecting the international supply, sale and distribution of goods.

During the seminar we will analyse the main topics of contract drafting, taking into account the balance of power between the parties, and the need to comply with more and more stringent legal requirements and the need to strengthen IP rights protection in a business sector that is quickly evolving.

The recent ratification of the International Sales of Goods Convention (CISG) by Portugal offers the opportunity to raise awareness on the advantages of applying the CISG in cross border sale contracts and how legal barriers between states can be overcome through uniform rules. Participants will discuss how to strengthen protection of the business interest, including the protection of the business IP rights by applying CISG and through negotiating and drafting effective contractual provisions in international sale and distribution agreements. The interaction between general conditions of sales and the sale contract, the choice of law applicable to the contract and the choice of means of dispute resolution: choice of court, arbitration, etc.. What are the needs and trends of the fashion industry? What are the challenges faced by the Portuguese brands?

This general part will be followed by an analysis of some critical aspects: the new antitrust EU Regulation 2022/720, how the exhaustion principle may fail to apply when there is a risk of tarnishment of trademarks and how that may affect distribution agreements of branded luxury goods, the importance of choosing the right IP instrument to protect the image, trademark and brand of the business. The exponential growth of e-commerce has determined the need for business to strengthen protection against grey market sales; may trade mark protection be the right solution to address this issue? Furthermore, another critical issue that will be discussed is the recent package of rules set up to protect the consumers and how this affects the internet sales of fashion goods with particular regard to the drafting of standard terms.

Legal experts, academics and practitioners will share their experiences and in practical workshops to implement such principles through clear and effective contractual clauses.

We look forward to seeing you in Porto in March 2023!

Register now!