Unfair Competition Law: European Union and Member StatesKluwer Law International B.V., 2006 M01 1 - 251 pages The book delineates, with extraordinary clarity and precision, the working of unfair competition law throughout the European Union. Its four comprehensive chapters encompass: basic considerations of definition, subject matter, enforcement, and applicable law: international provisions under the Paris convention, TRIPS, and WIPO model law; analysis of relevant EC directives and regulations and ECJ jurisprudence; and extensive discussions of the national unfair competition laws of all 25 Member States. For each Member State, specific topics covered include such considerations as the following: sources of law; competition law in a nutshell; regulation of advertising; direct marketing; sales promotion; risk of confusion; disparagement, defamation; misappropriation, imitation; impediment of competitors; and breach of the law. The author also provides a selected bibliography of sources for each country. It would be difficult to find a more useful analysis of European Unfair Competition Law than this systematic study. It is practical, thorough, clarifying, and readable, all at the same time. The author untangles the most complex of apparent contradictions with impressive skill. Copies of this book will quickly take their places on the working shelves of interested practitioners, academics, and officials throughout Europe. |
Contents
Intellectual property laws | 6 |
Countryoforigin principle | 12 |
The Paris Convention | 21 |
Directives Regulations | 34 |
4 | 36 |
Directive 9755EC concerning comparative advertising | 41 |
Comparisons exploiting a competitors reputation | 48 |
8 | 54 |
e Other regulations on advertising | 189 |
Disparagement | 190 |
Luxembourg | 191 |
Regulation of advertising | 192 |
b Comparative advertising | 193 |
Concealed advertising | 194 |
Direct marketing | 195 |
Denigration and disparagement | 196 |
11 | 65 |
The proposed Regulation on Sales Promotion | 67 |
Unfair Competition Law in the Member States | 69 |
17 | 91 |
Cyprus | 92 |
a Risk of confusion | 100 |
Enforcement | 101 |
France | 113 |
Germany | 125 |
Great Britain | 137 |
Sales promotion | 147 |
Danger of confusion | 148 |
Greece | 149 |
Sources of law | 150 |
Regulation of advertising | 152 |
b Comparative advertising | 153 |
Aggressive advertising | 154 |
Direct marketing | 155 |
Denigration disparagement | 156 |
Impediment of competitors | 157 |
Sources of law | 158 |
Regulation of advertising | 159 |
a Misleading advertising | 160 |
b Comparative advertising | 161 |
Directive 977EC on Distance Contracts | 162 |
Information requirements | 163 |
Passing off imitations | 164 |
Ireland | 165 |
Advertisement | 166 |
b Discrediting competitors misleading allegations | 168 |
Sales promotion | 170 |
Direct marketing | 171 |
Danger of confusion | 172 |
Italy | 173 |
Sources of law | 174 |
Regulation of advertising | 175 |
b Comparative advertising | 176 |
Concealed advertising | 177 |
Aggressive advertising | 178 |
Trips | 179 |
Disparagement and denigration | 180 |
Misappropriation imitation risk of confusion | 181 |
Impediment of competitors 10 Indications of geographic origin | 182 |
Latvia | 183 |
Regulation of advertising | 184 |
Concealed advertising | 185 |
Sales promotion | 186 |
Lithuania | 187 |
Regulation of advertising | 188 |
Impediment of competitors | 197 |
Malta | 198 |
Netherlands | 200 |
Regulation of advertising | 201 |
b Comparative advertising | 203 |
Concealed advertising | 204 |
f Product and mediaspecific advertising regulations | 205 |
Sales promotion | 206 |
Misappropriation exploitation of reputation imitation | 207 |
Breach of the law | 208 |
Poland | 209 |
Regulation of advertising | 211 |
b Comparative advertising | 212 |
Intrusive advertising | 213 |
Direct marketing specific marketing techniques | 214 |
Sales promotion | 215 |
Breach of statutory duty | 216 |
Sanctions procedural rules | 217 |
Portugal | 218 |
Regulation of advertising | 220 |
Concealed advertising | 221 |
Direct marketing | 222 |
Misappropriation exploitation of reputation imitation | 223 |
Slovak Republic | 224 |
Regulation of advertising | 225 |
b Comparative advertising | 226 |
e Product and media specific advertising regulations | 227 |
Direct marketing | 228 |
Enforcement | 229 |
Regulation of advertising | 231 |
Sales promotion | 232 |
233 | |
Sources of law | 234 |
Regulation of advertising | 236 |
Concealed advertising | 237 |
e Product and media specific advertising Prohibitions | 238 |
Sales promotion | 239 |
Danger of confusion | 240 |
Impediment of competitors | 241 |
Sweden | 242 |
Regulation of advertising | 244 |
b Comparative advertising | 245 |
Concealed advertising | 246 |
f Other advertising regulations | 247 |
Information duties | 248 |
Sales promotion | 249 |
Misappropriation imitation | 250 |
Breach of the law | 251 |
Common terms and phrases
According to Art act of unfair adver Advertising Law advertising regulations alcohol Alexandridou fn applies Article aspects Autorità Garante basis BGH GRUR breach broadcasting C.Cons CA Paris Chapter claim clause of Art common law communication comparative advertising comparison Concealed advertising concurrence déloyale considered Consumer Ombudsman Consumer Protection Consumer Protection Act contains contract Cour de cassation criminal damages danger of confusion deception decision denigration direct marketing disparagement EEmpD enforcement example exploitation of reputation forbidden Greffe/Greffe GRUR Int imitation infringement injunction instance interpretation Kaulamo Market Court Marketing Practices Act Member misleading advertising ÖBl principle prohibited provisions pyramid schemes radio Recht regarding requirements restricted risk of confusion rules Sales promotion SopMenL specific sumer target group television advertising tobacco tobacco advertising trade trademark law unfair commercial practices unfair competition law unlauteren Wettbewerbs unsolicited violation Werbung Wettbewerbsrecht ZNKU