Court of Appeal reverses decision on whether software amounts to 'goods' for purposes of the Commercial Agency Regulations
In a significant decision, the Court of Appeal has reversed the UK High Court's previous decision, ruling that an agent selling software delivered electronically within the UK is not protected by the Commercial Agents (Council Directive) Regulations 1993 (SI 1993/3053) as it does not fall within the definition of 'goods'.
In its recent decision in Coty Germany GmbH v Parfümerie Akzente GmbH, the Court of Justice of the European Union (CJEU) has concluded that if a supplier of luxury products operates through a "selective distribution network" it can prevent its authorised distributors from selling those products on unauthorised third party internet platforms such as Amazon. The case is important as it confirms the status of selective distribution networks and lays out the conditions that must be met to enable a supplier to take advantage of some of the restrictions that can be imposed within such a network.
The start of the New Year has brought a substantial easing of the Iran sanctions. However contrary to the impression given by the press, several important trade restrictions still remain in place. Businesses are well advised to review carefully the new EU (and US) sanction regimes before heading off for new adventures in Iran.