Author: Leonie Marder
Publisher: diplom.de
ISBN: 3832483713
Category : Law
Languages : en
Pages : 61
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Book Description
Inhaltsangabe:Abstract: With the coming into force of Directive 97/55/EC, one of the issues that arose was as to how EU Member States will choose to implement the provisions concerning admissibility of comparative advertising. This dissertation will focus on the Directive s transposition into English and German law with special regard to price comparisons, each model of implementation being situated at the extreme end of the scale. English law, having traditionally supported comparative advertising now has had to face a much stricter approach put forward by the Directive. We shall enquire into the extent to which, in absence of an English law of unfair competition, s.10(6) of the 1994 Trade Marks Act, the torts of passing off and injurious falsehood, and the British Code of Advertising provide for compliance in that sphere. German law, on the other hand, having long opposed comparative advertising, has readily incorporated Directive 97/55 into §§2 and 3 of its 1909 Act Against Unfair Competition (UWG). German literature on the Act s compliance with the Directive has been widespread and the respective analysis will thus be limited to assessing opinions of academics, lawyers, judges, and members of the German government. I then compared those two models of implementation from the wider angle of the civil law/common law divide and general principles underlying Community law, before finally making proposals for amendments and assessing the impact the Directive had on each national law system. Effectively, German law has thus, in my view, provided for implementation to a fuller extent, as well as being the Member State which has felt the Directive s impact much more strongly than England. Inhaltsverzeichnis:Table of Contents: Introduction1 Chapter 1.The Law of Comparative Advertising in England7 1.1Rejection of a Law of Unfair Competition9 1.2The Law of Comparative Advertising11 1.3Implementation of Directive 97/55/EC14 Chapter 2.The Law of Comparative Advertising in Germany22 2.1The Law of Unfair Competition under the 1909 Act Against Unfair Competition22 2.2Implementation of Directive 97/55/EC26 Chapter 3.Analysis: Implementation of Directive 97/55/EC in England and Germany compared33 Conclusion43 Annex47 Bibliography47 Table of cases52 Statutory material53
Author: Stephen York
Publisher:
ISBN:
Category : Electronic commerce
Languages : en
Pages : 516
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Author:
Publisher:
ISBN:
Category : Computers
Languages : en
Pages : 238
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Book Description
Author: Ansgar Ohly
Publisher: Hart Publishing
ISBN:
Category : Law
Languages : en
Pages : 248
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Book Description
Intended for the British reader, this volume analyzes the comparative advertising directive, which regulates any advertisement or promotional representation that explicitly or implicitly identifies a competitor. Background is provided both to the regulation of comparative advertising in the UK and Germany and to the passing of the directive itself. Over half the volume is devoted to appendices in which various legal texts from the UK, Germany, and Europe are compared. Annotation copyrighted by Book News, Inc., Portland, OR
Author: Willem van Boom
Publisher: Routledge
ISBN: 1317033167
Category : Law
Languages : en
Pages : 284
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Book Description
One of the most important EU consumer protection directives of the past decade, the 2005 Unfair Commercial Practices Directive, or UCPD, is brought under examination in this stimulating volume. Bringing together leading experts in the comparative law and consumer law domain, the book discusses the impact of the Directive and whether the many possible issues identified at its inception have been borne out in practice. Divided into four parts of 'Implementation, Approximation and Harmonization', 'Vulnerability', 'The UCP Directive and Other Regimes', and finally 'Enforcement', the volume examines the various policy developments, the growing body of case law, the decisions of relevant national enforcement authorities, as well as the legislative debates which have surrounded the implementation of the UCPD in Member States. This book provides a valuable assessment of the impact of a major EU directive almost ten years after its adoption, and as such will be of interest to academics, legal practitioners and the judiciary working in the areas of European and Consumer law.
Author: Bram B. Duivenvoorde
Publisher: Springer
ISBN: 331913924X
Category : Law
Languages : en
Pages : 255
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Book Description
This book investigates the regime of consumer benchmarks in the Unfair Commercial Practices Directive and explores to what extent this regime meets each of the goals of the Directive. In particular, it assesses whether the consumer benchmarks are suitable in terms of achieving the three goals of the Directive: achieving a high level of consumer protection, increasing the smooth functioning of the internal market, and improving competition in the market as such. In addition to providing a thorough analysis of the consumer benchmarks and their relationship to the goals of the Directive, at a more practical level, the book provides insight into the working and consequences of the benchmarks that can be used in the evaluation of the Unfair Commercial Practices Directive and its application by the CJEU. This assessment is important because the Directive, while promising to regulate unfair commercial practices in a way that achieves the Directive’s goals, has removed the possibility for Member States to regulate unfair commercial practices themselves.
Author: European Commission. Directorate-General for Health and Consumer Protection
Publisher:
ISBN:
Category : Competition, Unfair
Languages : en
Pages : 36
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Book Description
Recoge:1. Time for clear legislation - 2. Unfair commercial practices - 3. Who is concerned? - 4. The black list - 5. Implementing the directive.
Author: Helena Legido-Quigley
Publisher: World Health Organization
ISBN: 9289071931
Category : Medical
Languages : en
Pages : 242
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Book Description
People have always travelled within Europe for work and leisure, although never before with the current intensity. Now, however, they are travelling for many other reasons, including the quest for key services such as health care. Whatever the reason for travelling, one question they ask is "If I fall ill, will the health care I receive be of a high standard?" This book examines, for the first time, the systems that have been put in place in all of the European Union's 27 Member States. The picture it paints is mixed. Some have well developed systems, setting standards based on the best available evidence, monitoring the care provided, and taking action where it falls short. Others need to overcome significant obstacles.
Author: Geraint Howells
Publisher: Routledge
ISBN: 135167532X
Category : Law
Languages : en
Pages : 429
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Book Description
In Rethinking EU Consumer Law, the authors analyse the development of EU consumer law on the basis of a number of clear themes, which are then traced through specific areas. Recurring themes include the artificiality of the EU’s consumer image, the problems created by the drive towards maximum harmonisation, and the unexpected effects EU Consumer Law has had on national law. The book argues that EU Consumer Law has the potential of enhancing the protecting of consumers throughout the EU and could offer a model for consumer law elsewhere in the world, but in order to unlock this potential, there needs to be a rethink with regard to the EU’s approach to consumer law and policy.
Author: Mckee
Publisher: McGraw-Hill Education (UK)
ISBN: 0335226442
Category : Medical
Languages : en
Pages : 312
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Book Description
While there may be consensus on the broader issues of the core objectives of the health care system, expectations differ between EU countries, and European national policy-makers. This book seeks firstly to assess the impact of the enlargement process and then to analyse the challenges that lie ahead in the field of health and health policy.
