CASE COMMENTS: DISTRIBUTION – EXCLUSIVE CONCESSION – TERMINATION – STOCK RESTITUTION 

Exclusive distribution: The French Supreme Court rules that a representative who has applied marks on goods can refuse to return them but is still responsible of unfair competition when he sells them despite the prohibition notified by the principal (Colegram / Elsodent et G-Pharma)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The fate of stocks after the termination of the relationship between a supplier and a distributor fuels a rather rare but worthwhile dispute, given the lack of consensus on the solutions to be adopted. Although unpublished, the ruling handed down on 9 September 2015 by the Court of Cassation sheds a rather unexpected light, no doubt due to a factual context that is specific to say the least. A dentist had designed an aspirating dental mirror for which a patent had been filed. He had concluded an exclusive distribution contract - later taken over by a company incorporated with his wife - under which another company was responsible for the exclusive

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Nicolas Éréséo, Exclusive distribution: The French Supreme Court rules that a representative who has applied marks on goods can refuse to return them but is still responsible of unfair competition when he sells them despite the prohibition notified by the principal (Colegram / Elsodent et G-Pharma), 9 September 2015, Concurrences N° 1-2016, Art. N° 77901, pp. 113-114

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