Dr. Heiko Franke
Dr. Heiko Franke mainly advises in the area of trade & distribution. His clients include German and international groups of companies as well as medium-sized companies with a strong international focus. His activities include in particular the structuring of distribution systems and the negotiation of purchase and supply contracts as well as distribution contracts, e.g. contracts with commercial agents, distributors, franchisees and commission agents. He also drafts and optimises other typical "commercial" documents for his clients, such as general terms and conditions of purchase and general terms and conditions of sale and delivery, consignment agreements, confidentiality agreements (NDAs), MoUs and LOIs.
Another focus of his practice is the representation of clients before state and arbitration courts, typically in cross-border litigation. This includes the representation of German clients against their distribution partners abroad as well as the representation of foreign clients against their German distribution partners.
Dr. Franke has worked for many years in major international law firms. He is the author of numerous specialist publications.
- 2019: Founder and partner of the law firm Hartmannsberger Franke
- 2014 - 2019: Lawyer and Salary Partner (2017-2019) at Taylor Wessing
- 2011 - 2014: Lawyer at Baker & McKenzie
- 2010 - 2011: Lawyer at Wilmer Hale
Trade & Distribution
Can suppliers demand that their customers pay higher prices than those agreed between them in the medium or long term due to increased raw material prices, and if so, on what basis?
Trade & Distribution
For a little more than half a year now, the Law on the Protection of Trade Secrets (GeschGehG) (the “Law”) has been in force. In implementation of the EU Directive 2016/943, the Law brought about some fundamental changes in the area of protection of trade secrets.
- Co-author in Flohr/Wauschkuhn, Vertriebsrecht (Distribution Law), 2nd edition 2018
- Commission refund in case of partial non-execution of the contract (with Dr. Benedikt Rohrßen), in: IWRZ 2018, 107-11
- Indemnity circulation – Discussion of BGH, Az. I ZR 229/15: Indemnity claims of commission agents (with Dr. Benedikt Rohrßen), in: IHR 2017, 62-70
- No effective preliminary exclusion of the authorised dealer's claim for compensation in the EEA – Discussion of the BGH ruling of 25.02.2016 - VII ZR 102/15 (with Dr. Benedikt Rohrßen), in: IWRZ 2016, 125
- News on the commercial agent indemnity claim and its meaning and purpose, in IHR 2016, 100-104
- Co-author and co-editor of "Examenskurs IPR, IZVR und Europarecht" (1st edition 2005)