Unfair Competition Law: European Union and Member States

Front Cover
Kluwer 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
Enforcement
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
Copyright

Common terms and phrases

References to this book

Bibliographic information