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Consumer Products

Portugal

Consumer Products has long been a core area for CMS Rui Pena & Arnaut. Through our commitment to provide complete, solid and strategic advice to our clients, we have developed a significant expertise in Consumer Products with the most diverse clients, from all industry and service sectors and, in particular, in specialist products, including healthcare goods, food and drink or the automotive industry.

Our aim is to understand clients needs, appreciate the broader context and deliver the best fitted solutions to meet clients’ commercial goals.

To this end, we have extensive experience in a variety of high profile contentious and non-contentious matters, namely:

  • A wide variety of commercial agreements, including agency and distribution arrangements, franchising, advertising and marketing, supply of goods and services
  • All regulatory aspects pertaining to promotions, sponsorship and marketing agency agreements, comparative advertising campaigns and disputes, labeling and brand protection
  • Drafting of all relevant types of agreements for consumers, including credit  agreements
  • Advising companies on structuring distribution relationships compliant to EU and Portuguese competition law
  • Restructuring existing franchise and distribution relationships and advising in relation to orderly franchise and dealership terminations

The diversity in background of our cross-disciplinary teams, as well as our close cooperation with Consumer Products lawyers in other CMS offices, enables us to provide an industry-focused service to clients across Europe.

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21/1/2018
Itali­an are mov­ing to Por­tugal to re­tire
Sky Italia 24
02 July 2020
EU agrees new class ac­tion re­gime for con­sumer dis­putes
After a long gest­a­tion, on 30 June 2020 the Coun­cil of the EU pub­lished the text for the col­lect­ive re­dress dir­ect­ive (the “CR Dir­ect­ive”) (text avail­able here). This le­gis­la­tion is in­ten­ded to bet­ter...
19/06/2013
CMS Con­sumer Products Group
18 May 2020
Im­pact of COV­ID-19 on CBD food busi­nesses
The coronavir­us (“COV­ID-19”) pan­dem­ic has driv­en on­line con­sumer shop­ping in the well­being sec­tor in a bid to find products that will pro­tect against, and help man­age the symp­toms of, COV­ID-19. Food...
21 April 2020
Coty v Amazon: CJEU con­firms Amazon is not li­able for trade mark in­fringe­ment...
On 2 April 2020, the CJEU handed down its judg­ment in the Coty v Amazon[1] case, which relates to a re­fer­ral from the Bundes­gericht­shof, Ger­many’s Fed­er­al Court of Justice. The CJEU ruled in fa­vour...
24 February 2020
Or­gan­ic food products face new reg­u­lat­ory chal­lenges
Nat­ur­al­ness is as­so­ci­ated with sim­pli­city. Foods that are sim­pler and less pro­cessed are per­ceived to be “bet­ter”. This may be one of the reas­ons why the de­mand for or­gan­ic cer­ti­fic­a­tion is on the...
17 February 2020
Opin­ion on stand­ard con­trac­tu­al clauses: more a com­pli­ance head­ache than...
A re­cent non-bind­ing Opin­ion of the Ad­voc­ate Gen­er­al has sig­nalled that the stand­ard con­trac­tu­al clauses can con­tin­ue to be used as a safe­guard for trans­fer­ring per­son­al data out­side the EEA. However,...
30 January 2020
New European rules for on­line plat­forms
A new Reg­u­la­tion, known as the Plat­form to Busi­ness Reg­u­la­tion or the On­line In­ter­me­di­ation Ser­vices Reg­u­la­tion, will come in­to force on 12 Ju­ly 2020. It ap­plies to on­line in­ter­me­di­ation ser­vice pro­viders,...
29 November 2019
Gibral­tar’s status with­in the EU
AG opin­ion ad­voc­ates strict in­ter­pret­a­tion of EU dir­ect­ive, but con­firms dis­crim­in­at­ory nature of Bul­gari­an le­gis­la­tion con­trary to free­dom of es­tab­lish­ment The opin­ion of Ad­voc­ate Gen­er­al Hogan (the...
12 September 2019
UK food and cos­met­ic pro­du­cers to the EU to face new reg­u­la­tions after...
As Brexit draws near­er and with the like­li­hood of an un­reg­u­lated exit still not off the table, EU-27 com­pan­ies im­port­ing or selling food or cos­met­ics from Great Bri­tain face li­ab­il­ity risks if they con­tin­ue...
09 July 2019
New Dir­ect­ives reg­u­lat­ing sales to European con­sumers
As part of the European Com­mis­sion’s Di­git­al Single Mar­ket Strategy, the European Uni­on has re­cently ad­op­ted two Dir­ect­ives which will ap­ply from 1 Janu­ary 2022. The Sale of Goods Dir­ect­ive relates...
25 June 2019
New European Dir­ect­ive on un­fair trad­ing prac­tices in the food sup­ply chain
European Dir­ect­ive 2019/633 on un­fair trad­ing prac­tices in B2B re­la­tion­ships in the ag­ri­cul­tur­al and food sup­ply chain has been pub­lished in the Of­fi­cial Journ­al of the European Uni­on. This Dir­ect­ive...