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Negotiating a distribution agreement is like a courtship. Everything is easy at first. But good distribution agreements, like good marriages, must stand the test of time and you need to include a pre-nuptial to avoid a bitter divorce. This panel covered the key elements of a good distribution agreement as well as potential traps. Topics included exclusivity, effect of competition laws, trademarks, indemnification, insurance, marketing, responsibilities for quality and compliance with laws, pricing issues,the impact of State law on distribution agreements, the long reach of US law to distribution relationships outside the US, and what to consider if there is a break-up.

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