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Presentación
#UIAPorto
Seminar presented by the UIA with the support of the Porto Regional Council of Portuguese Bar Association
(Conselho Regional do Porto da Ordem dos Advogados)
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.
Comité organizador
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Comité Organizador
Mariaelena GIORCELLI President of the UIA International Sale of Goods commission, Bortolotti , Mathis & Associati, Turin, Italy Christoph OERTEL President of the UIA Contract law commission, Brödermann Jahn Rechtsanwaltsgesellschaft MBH, Hamburg, Germany Marita DARGALLO NIETO President of the UIA Intellectual Property commission, BUIGAS, Barcelona, Spain Francisco Javier GARCÍA PÉREZ President of the UIA Fashion law commission, Uría Menéndez Abogados, S.L.P., Barcelona, Spain Joana WHYTE TELLES, Porto, Portugal
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Vendredi 28 octobre
Vendredi 28 octobre
SEMINAR VENUE
Conselho Regional do Porto da Ordem dos Advogados
Centro de Formação
Rua de Gonçalo Cristóvão 347, R/C – Edifício Mapfre,
4000-270 Porto, Portugal
T +351 22 207 4570
REGISTRATION FEES
UIA MEMBER
- On or before February 23 € 340*
- From February 24 € 390*
UIA MEMBER - YOUNG LAWYER (<35) **
- On or before February 23 € 240*
- From February 24 € 290*
NON MEMBER
- On or before February 23 € 390*
- From February 24 € 440*
NON MEMBER - YOUNG LAWYER (<35) **
- On or before February 23 € 290*
- From February 24 € 340*
PORTUGUESE LAWYER
- On or before February 23 € 200*
- From February 24 € 250*
PORTUGUESE YOUNG LAWYER (<35) **
- On or before February 23 € 100*
- From February 24 € 125*
* The VAT (23%) can be applied to the amount stated above according to the European Directive 2006/112/CE of November 28, 2006. If you provide an EU VAT ID number, the VAT will not be charged. For more information, please contact the UIA.
** Please attach proof of age to the registration form to benefit from young lawyers fee
Fees include:
• Attendance at all working sessions
• Seminar documentation
• Coffee breaks on March 23 & 24
• Lunch on March 23
The dinner on Thursday, March 23 is optional and at additional charge.
Please note that the number of places at the seminar is limited. The organisers reserve the right to refuse registrations in the event of excess applications.
In order for your name to appear in the list of participants, which will be distributed during the seminar, your registration form must be received by March 13 at the latest. An updated electronic list will be sent by email to all the participants after the seminar.
CONTINUING LEGAL EDUCATION
Every participant attending the seminar will receive a “Certificate of Participation” at the end of the event that may be to obtain “Credits” for “Continuing Legal Education” - “Continuing Professional Development” purposes, depending on national rules. For more information, please contact the UIA.
LANGUAGE
The working language will be English.
HOTEL INFORMATION
A limited number of rooms have been pre-booked at a preferential rate at the hotels listed below. Reservations should be made directly through the hotel. Credit card details must be given in order to secure your reservation. Please note that the number of rooms is limited. We recommend that you proceed with your reservations as soon as possible.
INTERCONTINENTAL PORTO PALÁCIO DAS CARDOSAS (5*)
900 meters from the Seminar Venue
Praça da Liberdade 25,
4000-322 Porto, Portugal
T +351 220 035 600
icporto.info@ihg.com
- Double Room – Single Occupancy: EUR 150
- Double Room – Double Occupancy: EUR 165
Prices per night per room. Buffet Breakfast included.
City tax of EUR 2 per pers. per night NOT included.
Reservations should be made online by clicking on the following link:
EUROSTARS ALIADOS (5*)
650 m from the Seminar Venue
Av. dos Aliados 211, 4000-067 Porto, Portugal
T + 351 220 401 300
reservas@eurostarsaliados.com
• Single Deluxe Room: EUR 139
• Double/Twin Deluxe Room: EUR 149
Prices per night per room. Buffet Breakfast included.
City tax of EUR 2 per pers. per night NOT included.
Reservations should be made by email or by phone mentioning “UIA Seminar”
EXE ALMADA PORTO (4*)
400 meters from the Seminar Venue
Rua do Almada 361,
4050-032 Porto, Portugal
T +351 223 405 600
reservas@exealmadaporto.com
- Single Deluxe Room: EUR 99
- Double Deluxe Room: EUR 109
Prices per night per room. Buffet Breakfast included.
City tax of EUR 2 per pers. per night NOT included.
Reservations should be made by email or by phone mentioning “UIA Seminar”
STAY HOTEL PORTO CENTRO (3*)
450 meters from the Seminar Venue
Rua de Gonçalo Cristóvão 111,
4000-408 Porto, Portugal
T +351 220 028 060
portotrindade@stayhotels.pt
- Double or Twin Room: EUR 70
Prices per night per room.
Buffet Breakfast is optional at EUR 9.50 per pers. per day.
City tax of EUR 2 per pers. per night NOT included.
Reservations should be made by email or by phone mentioning “UIA Seminar”
MAISON ALBAR LE MONUMENTAL (5*)
700 m from the seminar venue
Av. dos Aliados 151, 4000-067 Porto, Portugal
T +351 227 662 410
porto.reservations@maisonalbar.eu
- Superior Room - Single Occupancy: EUR 240
- Superior Room - Double Occupancy: EUR 265
- Deluxe Room - Single Occupancy: EUR 280
- Deluxe Room - Double Occupancy: EUR 305
Prices per night per room. Buffet Breakfast included.
City tax of 2€ per person per night not included.
Reservations should be made by email or by phone mentioning “UIA Seminar”
CATALONIA PORTO (4*)
1,4 km from the seminar venue
Rua de Entreparedes, 92, 4000-198, Porto, Portugal
T +351 227 669 490
porto@cataloniahotels.com
- Single Room: EUR 105
- Double Room: EUR 120
Prices per night per room. Buffet Breakfast included.
City tax of 2€ per person per night not included.
Reservations should be made by email or by phone mentioning “UIA Seminar”
CANCELLATION CONDITIONS
All cancellations will be subject to a 50% deduction and will have to be sent in writing, to be received by the Union Internationale des Avocats no later than February 23, 2023. No refund will be made for cancellations received after this date.
VISAS
Anyone who requires a visa invitation letter in order to attend the seminar should register and pay their registration fees no later than February 23, 2023 to ensure there is enough time to obtain a visa.
All cancellations will be refunded in full, minus €50 + VAT to cover administrative costs, provided that the UIA has received the registration documents and total registration fees no later than February 23, 2023.
If you register after this date, only 50% of the amount paid minus €50 + VAT to cover administrative costs will be refunded for cancellations due to visa refusals.
All cancellations due to a visa refusal must be sent in writing and reach the UIA before the seminar. Cancellations must be accompanied by a proof of visa refusal.
If your visa is issued after the seminar date or if you do not have proof of visa refusal, you will not be entitled to a refund.
GENERAL CONDITIONS
All registrations received by the Union Internationale des Avocats (UIA) along with the full payment of fees corresponding to the events selected will be confirmed in writing.
The UIA reserves the right to cancel or postpone the seminar to a later date, change the seminar venue and/or programme, make any corrections or modifications in the information published in the seminar programme and cancel any invitation to participate in the seminar, at any time and at their entire discretion, without having to provide any reasons for the same.
Neither the UIA, nor any of its managers, employees, agents, members or representatives shall be held responsible for any loss or damage, of any nature, suffered (directly or indirectly) by a delegate, accompanying person or a third party following any cancellations, changes, postponements or modifications.
The UIA strongly advises participants to subscribe to modifiable and/or refundable services, as well as to take out a cancellation insurance.
Neither the UIA, nor any of its managers, employees, agents, members or representatives shall be held responsible for any loss or damage, of any nature whatever, suffered (directly or indirectly) by a delegate or accompanying person, except in case of death or personal injury due to gross negligence by the UIA.
The contractual relations between the UIA and each participant (delegate or accompanying person) in relation to the seminar are subject to French law and jurisdiction, to the exclusion of any other law. Paris is the city of jurisdiction.
FORMALITIES
It is the responsibility of participants to ensure compliance with police, customs and health formalities for their journey. Participants unable to take part in the seminar because of their inability to take a flight or any other means of transportation due to being unable to provide the documents required (passport, visa, vaccination certificate, etc.) cannot claim any reimbursement.
FORCE MAJEURE
“Force majeure” means any events external to the parties, of both an unforeseeable and insurmountable nature that prevents either the client or the participants, or the agency or service providers involved in organising the seminar, from executing all or part of the obligations provided for in the present agreement. By express agreement, such will be the case in the event of a strike affecting the means of transport, hotel staff, air traffic controllers, an insurrection, a riot or any prohibition whatsoever decreed by governmental or public authorities.
It is expressly agreed that for the parties, a case of force majeure would suspend the execution of their reciprocal obligations. At the same time, each of the parties shall bear the burden of all the expenses incumbent upon them, resulting from the case of force majeure.
HEALTH
The organisers decline any responsibility in case of any health problems existing prior to the seminar that may lead to complications or be aggravated during the entire period of the stay: pregnancy, cardio-vascular problems, any allergies, special diets, any disorders under treatment and not yet consolidated on the day the seminar starts, psychic or mental or depressive illness, etc. (Non exhaustive list).
PERSONAL DATA PROTECTION
The personal data that you communicate to us shall be processed by the International Association of Lawyers (UIA – Union Internationale des Avocats), with its registered office at 9 rue du Quatre Septembre, 75002 Paris (Tel: +33 1 44 88 55 66 - Fax: +33 1 44 88 55 77 - privacy@uianet.org), in accordance with Act No. 78-17 of January 6, 1978 relating to data, files and freedoms and Regulation No. 2016/679 on data protection, as of its entry into force on May 25, 2018. Your data will be managed by UIA's General Services, Events and Accounts Section:
• For the purpose of administering your registration for the event and your on-site access to the event;
• In order to pay for the selected services - your bank details will be deleted after receipt of your payment;
• In order to communicate information messages from UIA.
To the extent necessary for the execution of their respective tasks, our subcontractors in charge of our seminar organisation, our IT infrastructure, our management, the production and maintenance of our website and extranet, are likely to gain access to your data from time to time. Their servers are located in the European Union.
Data relating to your participation in the event shall be stored for a period of 10 years. We are obliged to archive billing data until the end of the period required for our tax and accounting obligations, i.e. for 7 full tax years. We shall store your contact information to keep you informed until you ask us to stop. You have the right to access your data and have it corrected if necessary.
You may object to any processing of your data undertaken by us for the purposes of our legitimate interests. If you wish for more information, or to lodge a complaint, please contact CNIL (French Data Protection Authority).
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