COMMERCIAL

The key areas of our Commercial practice include among others (alphabetically):

  • Advertising, Marketing and Sponsorship
  • Agency, Distribution & Franchising (commercial and industrial)
  • Commercial Cooperation
  • Payment, Security Finance (Commercial & Supplier Credit)
  • Commercial and operating lease
  • E-commerce
  • Logistics
  • Outsourcing Services
  • Retail & Wholesale Networks

Advertising, Marketing & Sponsorship

Our practice covers areas as diverse as advertising ethics, collective bargaining, compliance, consumer protection, contests, events, intellectual property licensing, media shops, privacy, promotions, public relations, sponsorship and unfair practices.

We represent clients in all matters involving advertising, marketing, public relations and intellectual property. Being a first tier firm in Media and a recommended firm in Intellectual Property, we offer an excellent mix of expertise in the advertising/media market.

We possess a broad and deep understanding of the advertising and marketing business because we are involved in every phase of our clients’ work. From concept to distribution, we work with clients on all contractual, regulatory, intellectual property, media and business law issues that relate to advertising, media, promotion and marketing.

We understand the business needs and regulatory concerns of our clients and are involved in every aspect, from intellectual property protection to regulatory, governmental, legislative and self-regulatory concerns. We pay high attention to issues related to marketing to children, consumer-created content, and issues associated with remote selling, such as negative options, continuity plans and automatic renewals. We have a long experience working with large multinational mobile marketing companies and their cooperation with mobile operators

We follow closely a shift in the funding and/or creation of a sizeable portion of content generation to advertisers, marketers and are able to guide and support clients both on the selling, but also the acquisition side.

Our work includes drafting and negotiating agreements and advising on:

Agency (advertising), Compliance, Consumer Protection, IP, Licensing, Marketing, Mobile Marketing Media and Media Purchase, Privacy, Regulatory, Sponsorship, Standard Terms, Talent.

Agency, Distribution & Franchising

A significant part of our commercial practice is devoted to agency, distribution and franchising agreements. Our experience in commercial networks dates back at least 35 years. We have assisted clients in entering the Greek market, setting up agency and distribution networks, designing franchise systems, entering in master franchise agreements or franchise agreements in Greece and elsewhere, drafted contracts and policy documents, and in regulatory and government licensing issues where applicable. Our clients benefit from our long experience in designing and operating distribution or franchising systems, in a manner best promoting their interests and business. In doing so, we carefully consider all contract law issues, issues potentially touching upon national and EU competition, consumer protection and intellectual property rights legislation, as those are inextricably linked with the trade of goods and services. We are also very experienced in the field of electronic commerce and its increasing influence on traditional commerce. These are areas where we stand out from many of our piers. With our significant accumulation of knowledge and expertise, together with our long time scientific participation in legislative committees and discussion groups, we can safely guide our clients to legally sound transactions and/or operating patterns, which at the same time make commercial and financial sense. 

Our clients benefit from our extensive specific arbitration and litigation experience in these areas, which also (but very importantly) helps in addressing problems preventively (starting from the agreement phase), thus minimizing the risk of disputes.

Our combined deep knowledge of regulatory issues and licensing processes, allow us to assist our domestic clients in reorganizing their business and our foreign clients to correctly prepare their entry and positioning in the Greek market.

We have assisted clients in setting up and servicing country - wide distribution networks for motor vehicles and motorcycles and spare parts. We have set up and followed up a large number of retail and franchise networks for consumer goods (apparel, household & personal care, appliances), mobile telephony services, food and beverages, branded coffee shops and several other industries. We have extensive experience in setting up and servicing country - wide fossil fuels retail networks (filling stations) including regulatory, administrative and town planning requirements. Our practice covers also sector specific financing arrangements and dispute resolution.

Commercial Cooperation

We can organise and support all kinds of commercial cooperation, (including imports, exports, domestic networking, logistics, transports, joint ventures, outsourcing) by proposing comprehensive tailored agreements and arrangements, which may include commercial and/or suppliers’ credit arrangements. We also excel in the resolution of all forms of commercial disputes, especially on complex and atypical matters.

Payments Financing & Security (Commercial  & Supplier Credit)

Issues concerning Payments Financing and Security have always played an important role in Greece and have become more important due to the crisis. The weak and reluctant local banking system has brought capital controls, scarcity of financing and cash flow dehydration, which makes a toxic mix with an aggressive and punishing tax system. Commerce must inevitably, somehow support production and on the other side of the same coin, suppliers must support traders. This requires a custom-made flexible and inventive approach, aiming to provide functionality and mutual comfort.

Difficult circumstances have caused the relevant arrangements to be thought over in more complex and sensitive reincarnations, as the players wish on one hand to preserve their market shares and on the other hand cannot afford to take pre-crisis exposures. Balancing the system is a particularly delicate operation, also considering the necessity of decent workable safeguards. We do have the experience to forge viable balanced agreements, wherever reasonably possible. It goes without saying that we also have many years of experience in negotiating adjustments and rearrangements, also within a litigation, especially those going beyond debt collection.

We fully cover every possible form and aspect of providing and securing B2B credit. We are very experienced in complex and atypical debt collection litigation in cases, which exceed the role and breadth of a collection agency. We support all types of factoring, forfeiting and financial leasing solutions. We regularly represent leasing companies, also lessees in negotiating and drafting operating and commercial lease agreements of property and/or movables, as well as sale - leaseback transactions.  We have a particular expertise in aviation related financial leasing, also on dry and wet operating lease arrangements. Our practice also covers sector specific dispute resolution.

Commercial Lease

Commercial lease is regulated in Greece, affording certain protection to the tenant, but also to the landlord. We support either landlords or tenants in commercial lease agreements, also in associated disputes.  

Sale of goods

We assist clients in selling their goods safely and successfully in Greece and internationally, dealing with all aspects of this activity. We draft complex sale of goods agreements from consumer goods to any kind of industrial or IT hardware and technology goods. We deal with issues of product liability, warranties, manufacturer guarantee and consumer protection issues, transfer and delivery, risk issues, sale with retention of title, sale on consignment, commercial transactions insurance, payment and security, issues of conflict of law and jurisdiction. Our firm holds a long experience in this sector in regard with Greek and EU legislation, but also on applying Incoterms and International By-lateral or Multilateral Agreements.

E-commerce

Considering the overall orientation of our firm, but most importantly our TMT practice excellence, e-commerce comes as a natural home field for our practice. We have a deep knowledge and full understanding of the technical, contractual, intellectual property, consumer protection, privacy and data protection and regulatory issues associated with the organization of e-commerce activities and transactions.

We provide full scale structuring, regulatory, transactional, tax, website security and dispute resolution services to clients engaged in online sales and/or services, but also to ISPs, Telcos, IT developers, Banks, Payment Services providers Logistics and Postal Services Providers. Please see the list of industries we cover, for their e-commerce related business.

Logistics and Outsourcing

We have particular expertise in sector specific logistics, including dry goods, air conditioned and refrigerated warehousing, controlled climate warehousing for living plants and flowers, liquids, fuels, chemicals, appliances, pharmaceuticals, secure storage and bonded warehousing and data centres.

Our above sector specific expertise, allows us to fine tune a variety of agreements for the inspection and acceptance of goods, physical stocktaking, segregation, IT interfacing, order processing, picking, invoicing physical delivery and physical returns of goods, warehousing security and insurance, which are typical to this industry.

Alongside logistics, we provide advice in regard to the integrated or detached outsourcing of IT and/or accounting and/or tax services, of any breadth and depth or service level. The drafting and negotiation of SLAs is a very significant strength of our practice, more so when it comes to highly technical SLAs, where we definitely stand out.

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