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CRIMINAL OFFENCE AND INDUSTRIAL PROPERTY

The legal system provides us with different devices for prosecuting brand imitations. Here we analyse the penal route which can be found in Article 274.1 of the Penal Code. Fundamental elements of types of criminal offences 1.1.- “Industrial or commercial...

THE UNFAIR COMPETITION BEFORE THE COMPETITION AUTHORITIES

This article provides an overview of Defence of Competition and Unfair Competition actions. Is it possible for the National Competition Commission to hear an Unfair Competition conflict? 1.- Claims for damages: a difficult process 1.1.- The Law for Defence of...

SPANISH AND COMMUNITY REGULATIONS FOR FRANCHISE CONTRACTS

SPANISH LEGISLATION Royal Decree 2485/1998 implements Law 7/1996 on Retail Trade and regulates duty free tariffs. It is defined as: a contract by which the franchisor gives the franchise, in exchange for financial compensation, the right to exploit a franchise in...

CONTRACTUAL LIMITS ON COMPETITION AND COMPETITION LAW IN SPAIN

  1.- Prohibition of competition and Labor Law Employment agreements, especially those referred to senior managers, use to include a clause to prohibit competition. The employee cannot work for the competitors of the company once he has terminated his employment...