Distribution, Competition and Intellectual Property in Germany

We advise you on all legal issues concerning distribution in Germany, taking into account the applicable European and German competition regulations and the protection of your intellectual property. We can provide consulting services in French, German and English.

Germany has different legal bases for the distribution of goods and services. Options for drafting the relevant contracts with distributors and customers in Germany will vary in accordance with the applicable law. Regulations under both European and national competition law must be observed.

In addition to legal consulting, our team of attorneys with intercultural experience will also help you with the practical implementation in Germany in the following areas.

German legal services concerning Distribution, Competition and IP:

  • General Terms and Conditions for Business in Germany (review and drafting in accordance with international and German law as well as bilingual German-French version)
  • German commercial law, merchant law, commercial agency law and UN sales law
  • Review and adaptation of sensitive contractual clauses to German law (in particular liability warranty and retention of title under German law)
  • Contracts for cooperation with commercial agents, dealers or franchise partners in Germany
  • Termination of distribution contracts with distribution partners in Germany, calculation of possible compensation payments under German law
  • Defence of claims by the distributor in Germany
  • Supply contracts and framework agreements for the German market
  • Amicable resolution of disputes with opposing parties in Germany
  • Intellectual Property: Registrations in Germany and assessment of eligibility for registration; protection measures under German law and notices in Germany
  • European and German competition law (consulting and risk analysis, representation in court, in particular in cases of unfair competition)
  • Sworn and unsworn translations of German and French documents

We train your sales team on topics such as “Legal aspects of distribution in Germany” and “Structure and use of distribution documents in Germany”. Please contact us! We would be happy to send you a training offer.

Did you know that in Germany…

  • as a rule, a maximum period of notice of 6 months must be observed when a dealer contract is terminated in Germany and that compensation is payable only in rare cases under German law?
  • a commercial agent in Germany who has been terminated is entitled to payment of compensation which under German law may not exceed one annual commission?
  • special provisions in German law on the use and permissible content of general terms and conditions apply?
  • the formulation of the limitation of liability clause is particularly difficult in Germany because under German law there are significant judicial and legal restrictions on such clauses?
  • the beneficiary of a post-contractual non-compete obligation in Germany cannot, under German law, simply waive the post-contractual non-compete obligation with immediate effect on termination of a contract, for example a German commercial agency contract?

Our German-French Team for Distribution, Competition and Intellectual Property in Germany: