Unfair Competition Law: European Union and Member StatesThe 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. |
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Contents
Chapter2 International Protection Against Unfair Competition | 17 |
WIPO Model Provisions on Protection Against Unfair Competition | 23 |
Directives Regulations | 34 |
g Internal market clause | 66 |
Chapter4 Unfair Competition Law in the Member States | 69 |
Cyprus | 92 |
Finland | 105 |
France | 113 |
Concealed advertising | 194 |
Direct marketing | 195 |
Denigration and disparagement | 196 |
Impediment of competitors | 197 |
Malta | 198 |
Netherlands | 200 |
Regulation of advertising | 201 |
b Comparative advertising | 203 |
Germany | 125 |
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 |
Intrusive advertising | 162 |
Information requirements | 163 |
Passing off imitations | 164 |
Ireland | 165 |
Advertisement | 166 |
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 |
Direct marketing | 179 |
Disparagement and denigration | 180 |
Misappropriation imitation risk of confusion | 181 |
Breach of the law | 182 |
Latvia | 183 |
Regulation of advertising | 184 |
Concealed advertising | 185 |
Sales promotion | 186 |
Lithuania | 187 |
Regulation of advertising | 188 |
e Other regulations on advertising | 189 |
Disparagement | 190 |
Luxembourg | 191 |
Regulation of advertising | 192 |
b Comparative advertising | 193 |
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 |
Other editions - View all
Unfair Competition Law: European Union and Member States Frauke Henning-Bodewig Limited preview - 2006 |
Common terms and phrases
According action activities addition alcohol applies aspects associations authority basis breach broadcasting cause Chapter civil claim clause Code commercial practices Community comparative advertising comparison competitor concerned confusion considered Consumer Protection contains contract Convention Court damages danger deception decision detailed Directive discussed disparagement economic effect Enforcement especially European example exist exploitation fact first GRUR Int imitation important indications industrial instance interests interpretation Italy lead mark marketing Marketing Practices means Member misleading advertising objective ÖBl obligation offers origin Paris particular parties permitted person practices presentation principle prohibited provisions question reasonably reference regarding regulations relating relationship reputation requirements restrictions rules Sales promotion specific standard statements television term tobacco tort trade trademark unfair competition law violation ZNKU