Dr. Amelie Pohl Attorney at law

Distribution Law covers all types of distribution. Dr. Amelie Pohl examines strategies and contracts, performs preparation, actualization, and termination of contracts, as well as the development of appropriate business strategies.

Authorized distributors have the right to market a specific product such as motor vehicle parts or other business trade goods. International contracting occurs frequently. In order to act correctly from the outset in regards to important economic decision making, whether national or international, we carefully examine our clients contractual relationships, provide an in-depth understanding of the importance of all clauses involved, and bring clear understanding of any possible aspects that are not recorded in the contract. What is not stated in a contract is often as important as what is stated.

Entrepreneurs and their commercial agents have to consider numerous legal details during their collaboration, as well as the terminating conditions of the contract. In practice, very often, legal regulations, like commission payments and compensation claims, become reduced, even though, this is not permitted. We diligently analyze our client’s contracts, pinpoint legal issues, particularly in relationship to enforcement of claims.

As online distribution becomes more popular, integrating legally water-tight strategies of distribution into the operation or distribution with other independent contracting partners, is challenging. In order to give your online distribution legal strength, we consider the implications of the Distant Selling Act and cartel law.

The franchising of goods or services by entrepreneurs demand specific legal requirements. Franchise contracts are affected by numerous legal considerations. We verify franchisability, the creation, actualization and termination of contracts, as well as judicial dispute resolution practices with contracting partners. Most importantly, we consult with you for additional legal protections that are rarely considered when starting a franchise.

Unlawful contractual agreements which may involve protection of territory, purchase obligations, price compliance, often lead to complaints at the Federal Competition Authority and exposure to fines. We create relevant antitrust contracts and examine and revise existing contracts. Entrepreneurs’ agreements must comply with cartel law related to distribution of products, competitors, resellers, or manufacturers. Each entrepreneur is affected regardless of their market share.

Fashion brands are often conveyed with distribution agreements from their fashion agencies for specifically determined territories or entire countries. Many particular features must be discovered and clarified between the contracting parties. We create and examine contracts between manufacturer and independent sales partners/ agents.

We carefully prepare your terms and conditions so that they are legally enforceable. We recommend the yearly review of existing contracts, because of constantly changing legal situations and jurisdictions. We will keep you compliant with current law.

We create distribution contracts, master franchise contracts and supply contracts for the EU-region and other countries. We also match any contracts created in the EU-region, or other countries with Austrian law.

What are intellectual rights, and how can they be protected and passed on? The intellectual rights protection law gives exact specifications that need to be considered. We will create the appropriate documents and contracts that protect and license your intellectual rights.

We assist real estate and commercial brokers with the protection of broker commissions and compensation of expenses. We also help real-estate brokers with their duty to clarify and provide information related to the creation of broker contracts.

Entrepreneurs must register their trademark correctly in the appropriate categories, in order to protect their intellectual property. We assist in the contractual transfer of broker law.

Data protection is becoming very important and is the subject of increasing new legal regulations. We assist you in meeting all legal requirements.

Entrepreneurs have to make sure that their contracts are correctly classified, which depends on established experience and not on the title of a contract. There are major financial differences in contracts for work and labor/ service which must be considered.

Entrepreneurs who create for themselves a legally unjustified competitive advantage can result in legal warnings or even punitive injunctions. We examine your advertising tools accordingly.

In regards to distribution strategies, we recommend which corporate structure is most suitable for your company. We create for you a memorandum of association and consult with you international strategies.

Rental agreements with contracting distribution parties have to consider the legal framework of the contracting parties. In order to protect business location and contractual terms, in case of contract termination, special clauses are recommended. We create for you legally correct clauses in regards to rental contracts within the distribution framework.

Companies must be organized in a way that all legal requirements are traceable to minimize any future liabilities. The law firm Dr. Pohl examines companies in regard to regulation of the protection of employees, product liability, data protection, cartel law, and distribution.