Marketing and Advertising Law in a Process of Harmonisation PDF Download
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Author: Ulf Bernitz
Publisher: Bloomsbury Publishing
ISBN: 1509900691
Category : Law
Languages : en
Pages : 296
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Book Description
The law on marketing and advertising has undergone profound changes based on the EU directives on unfair commercial practices and misleading and comparative advertising. The legislation partially requires full harmonisation and contains a comprehensive blacklist of prohibited practices. However, in other areas, only minimum harmonisation is required. A comprehensive case law from the CJEU has emerged, but still many issues remain open, unclear and debated. The EU Commission has an active interest in the field and has published numerous reports on the question. In addition it has developed revised, comprehensive guidelines on marketing business to consumer (B2C), which are fully discussed here. Further Commission initiatives in the area on business to business (B2B) marketing are also in the making, underlining the importance of this new collection.
Author: Ulf Bernitz
Publisher: Bloomsbury Publishing
ISBN: 1509900691
Category : Law
Languages : en
Pages : 296
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Book Description
The law on marketing and advertising has undergone profound changes based on the EU directives on unfair commercial practices and misleading and comparative advertising. The legislation partially requires full harmonisation and contains a comprehensive blacklist of prohibited practices. However, in other areas, only minimum harmonisation is required. A comprehensive case law from the CJEU has emerged, but still many issues remain open, unclear and debated. The EU Commission has an active interest in the field and has published numerous reports on the question. In addition it has developed revised, comprehensive guidelines on marketing business to consumer (B2C), which are fully discussed here. Further Commission initiatives in the area on business to business (B2B) marketing are also in the making, underlining the importance of this new collection.
Author: Anne-Dorte Bruun Nielsen
Publisher: Nordic Council of Ministers
ISBN: 9789289307420
Category : EU-ret
Languages : en
Pages : 204
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Book Description
Author: Paul Jordan
Publisher:
ISBN: 9781787423909
Category :
Languages : en
Pages : 520
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Book Description
Virtually every business is involved in advertising and marketing in one form or another. However, advertising is subject to a complex and often daunting web of law and regulation. Although in many cases there have been attempts to harmonise relevant laws, there are still significant national variations. Furthermore, in recent years digital marketing and targeting methods have changed the face of the advertising industry beyond recognition.Updated for 2020, International Advertising Law addresses the relevant law and regulations, as well as setting out practical considerations. The book covers key areas of advertising law such as local complaints procedures and enforcement, comparative advertising, influencer campaigns, sales promotions, ambush marketing, product placement, direct marketing and online behavioural advertising. The book also addresses the particular requirements in certain industries that are subject to specific advertising regulations (eg, gambling, alcohol, pharmaceuticals, financial products/services, food and tobacco/e-cigarettes).Edited by Paul Jordan, partner and head of advertising and Andrew Butcher, senior associate at UK law firm Bristows, this book includes chapters from leading experts in 30 jurisdictions. This new edition of International Advertising Law is essential reading for lawyers, in-house counsel, advertising executives and anyone else involved in the advertising/marketing industry. The book serves as an invaluable and straightforward guide to navigating these complex legal and regulatory regimes.
Author: David Nowak
Publisher: GRIN Verlag
ISBN: 3638446549
Category : Business & Economics
Languages : en
Pages : 22
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Book Description
Seminar paper from the year 2002 in the subject Business economics - Law, grade: 1,0, Savonia University of Applied Sciences , course: Marketing Law, 19 entries in the bibliography, language: English, abstract: It is not an easy task to create a nice film, wonderful music or a new software. But since it is really easy to copy the created economic value, this work has to be protected in order to keep this innovation process going and provide an incentive for the creation of investment in new works. Therefore a need for legal protection had arisen, which lead to enacting Intellectual Property rights. Many countries have seen the need for this protection. The following work outlines the European and partly the International Legislation of Intellectual Property Rights by first explaining the specific property right and further providing information about European and International legislation. Internationally, IPR are regulated by conventions like the Patent Cooperation Treaty, the Madrid Agreement for the international registration of brands, the Hague Agreement for industrial signs, and the Bern Convention of copy rights. Within the EU, the European Patent Office and the EU Regulation on Trademarks are responsible for the enforcement. Nationally, the national legislation as well as the registration offices take care of those issues. The IPR consist of Copyright, Trademark, Patent, and Design. They all are generally described as intellectual property or intangible property because they are property rights that cannot be touched or felt like personal property (e.g. car) or real property (e.g. land). However, the terms have different meanings and define different things.
Author: Peter Schotthöfer
Publisher: Kluwer Law International B.V.
ISBN: 9041159606
Category : Law
Languages : en
Pages : 850
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Book Description
Most cross-border advertising occurs uncontroversially. However, because international advertising activity falls under so many diverse areas of law, some familiarity with the dense web of legislation, regulation, and case law that may effect its use is essential for all advertisers. This well-known book, now in a fully updated third edition, provides all the necessary information in an easy-to-use country-by-country format. Twenty-six country reports, each by a local expert, provide detailed information on the particular legal environment in each country vis-à-visadvertising, including specific effects of all relevant treaties and trade agreements. Among the issues and topics taken into account are the following: · effect of import restrictions on advertising; · use of price comparisons in advertising; · ‘cold calling’; · consumers’ right to dispute resolution; · ‘blacklisted’ practices; · use of a language other than that of the target country; · special rules for agricultural products; · principles of non-discrimination and equal treatment of nationals; · precautionary principle versus risk principle; · protection of trademarks; · false or deceptive indication of source; · product ‘placement’ in non-advertising communications; · respectful interaction with religious, cultural, and social values; and · when a statement may be deemed ‘misleading’. Because the freedom to market a product simultaneously in several countries is a significant economic benefit, the invaluable information and guidance in this book on what is legally possible in a broad range of countries will be enormously beneficial to firms in all fields that engage in the sale and marketing of products or services. Corporate counsel and marketing directors will warmly welcome this new edition of a proven handbook. "
Author: Can Akdeniz
Publisher: Can Akdeniz
ISBN:
Category :
Languages : en
Pages : 40
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Book Description
Advertising and marketing are the basics of success in any business. A business or a company's income depends directly on advertising and marketing. They are the essential part of the business process. It is the process where the public is made aware of the product that the business is selling. Although people mistake them for the same thing, marketing and advertising are quite different and quite important in their own way. The final income of a company depends on how good their advertising is and how thorough their marketing techniques are. The quantity of a product that company is selling is a direct result of advertising and marketing the product. The subject is therefore studied and specialized in for the advantages of the company. The experts help get the best plan in action for the company according to the specific needs.
Author: Isidora Maletić
Publisher: Edward Elgar Publishing
ISBN: 1781004145
Category : Political Science
Languages : en
Pages : 225
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Book Description
'At times when so much attention is devoted to the constitutional architecture of the European Union via Treaty amendments or supplements in the aftermath of the Euro-crisis, the core business of European market building through harmonization is all too often neglected. It deserves strong recognition that Isidora Maleti forcefully brings Art. 114 TFEU back to the agenda. Her competent study provides new insights into the major competence rule which still forms the back bone of European Integration. The constant strive of the EU for embarking on non-trade policies against the half-hearted resistance of the Member States deserves indeed a major study, spelling out the details of the rather complex article. Her comprehensive analysis detects the amazing potential of Art. 114 TFEU as a tool to co-ordinate differences in the understanding of what might be a "high level of protection" and it allows for new ways of co-operation between the EU and the Member States. This finding, which is backed through the analysis of the ECJ case law and the notification procedure of Art. 114 TFEU fits into the overall debate on constitutional pluralism which stays away from a hierarchical understanding of the relationship between the EU legal order and the Member States.' – Hans Micklitz, European University Institute, Italy 'This book is essential reading for anyone seeking an up-to-date and critical understanding of the success of the European Union's approach to market harmonisation.' – Veerle Heyvaert, London School of Economics, UK 'Despite all the buzz around the single currency, the heart of the EU edifice remains the internal market. Isidora Maleti 's book is an outstanding contribution of original scholarship that makes this edifice look more solid than ever. By exploring the theory and practice of the archetype legal basis for EU regulatory action, this book dispels the ubiquitous claim that national derogations from European standards are reflective of a weak integration process and convincingly argues that national regulatory differentiation may instead provide opportunities for reflexive learning and risk prevention. The law and policy of harmonisation is European internal market's scholarship at its best and ought to be essential reading to all scholars interested in the dynamics of EU integration.' – Alberto Alemanno, HEC Paris, France and Editor, European Journal of Risk Regulation This innovative book explores the constitutional compromise between the European Union's legislative competence and member states' regulatory autonomy, and analyses the reconciliation of economic integration and welfare protection within the European internal market. It does so through the original lens of article 114 TFEU, the law-making clause underlying the European harmonisation process. Focusing on a critical provision and the controversial derogation mechanism contained therein, the book discusses contemporary, universally fundamental topics, such as risk assessment and related responsibility allocation within the constraints of complex legal frameworks, the preservation of regional regulatory autonomy against the background of centralised legislative norms, and the interaction of economic integration with policy interests like consumer, environmental and health protection. Highlighting the collaborative rather than adversarial value of national deviations from common European measures, the study not only complements the literature available on 'negative integration' of the internal market, but also challenges traditionally accepted axioms, revealing opportunities for risk prevention and legitimacy enhancement stemming from diverse European and national regulatory standards. This detailed book will be of wide international appeal to academics, practitioners, students, judges, policy-makers and officials working within the European Union and government representatives of individual member states, as well as anyone more generally interested in the dynamics of EU integration.
Author: Mary Alice Shaver
Publisher: Routledge
ISBN: 1317456599
Category : Business & Economics
Languages : en
Pages : 272
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Book Description
Advertising is an important and visible component of marketing, competition, and consumer awareness. As many companies grow and expand to serve multinational audiences worldwide, there is a concomitant need to understand culture, customs and regulation in the world markets. Not only businesses but consumers and students as well need to understand the workings of advertising and its regulation in worldwide markets. This book is designed to fill this need for students and professionals. The book takes a thorough and critical view of the process in 21 countries, representing four continents of developed countries. An important feature of this handbook is the consistent, carefully plotted format of each chapter, facilitating easy access to key information. For each country, the chapters cover the following: form of government history of regulation along with current operating regulation systems route/manner in which cases are brought forward to regulating bodies advertising codes, if any, and how they work amount of money spent on advertising by year consumerism and its role in advertising specific regulation of advertising to children, health advertising and tobacco advertising sanctions and control of advertising found inadmissible position of commercial speech in country--if any Countries included are Argentina, Australia, Canada, Chile, China/Hong Kong, Colombia, Belgium, Brazil, Denmark, Finland, France, Japan, Korea, Mexico, Peru, Portugal, Spain, Sweden, the United States, and the United Kingdom. Each chapter's contributing author is a known expert in advertising with a particular insight on that country's language, culture, and advertising industry.
Author: Marta Cantero Gamito
Publisher: Edward Elgar Publishing
ISBN: 1788118413
Category : Law
Languages : en
Pages : 352
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Book Description
This book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through examination of what are found to be the three major proxies of transnational private ordering: private contracts, standards and codes.
Author: Damien Gerard
Publisher: Bruylant
ISBN: 2802767186
Category : Law
Languages : en
Pages : 167
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Book Description
The idea of fairness has recently re-entered the policy discourse underpinning competition law enforcement, in the EU and beyond. Of course, the term “unfair” can be found in the EU Treaty and the avoidance of consumers’ exploitation is the ultimate aim of competition principles. Still, the boundaries of fairness as a driver of competition enforcement appear unclear and, for some, dangerously flexible. At the same time, whilst the application of competition rules has over the years been focusing on restrictions to the competitive process with the effect of harming consumers, a wave of cases recently brought or decided at EU and national level appear to be inspired by wide and somewhat elusive fairness considerations, including non-discrimination, neutrality, equality of opportunities, natural justice or avoidance of abuse of law. Reference can be made to cases relating to product design, IP licensing, geo-blocking, network neutrality, privacy concerns or fiscal justice. This volume explores how fairness may guide competition enforcement, what its significance may be in explaining recent trends and actual outcomes, and what implications can be observed or expected by relying on a fairness standard in the design of substantive principles. Associating lawyers and economists, practitioners and academics, it discusses the boundaries of fairness in a world where the rationality of markets has been profoundly shaken by recent crises.
