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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: 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:
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 1090
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Book Description
Author: Frank Columbus
Publisher: Nova Publishers
ISBN: 9781590337660
Category : Business & Economics
Languages : en
Pages : 194
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Book Description
Vexing issues concerning internal and external change challenge Europe as it tries hard to regroup, reform and refocus. This series is intended to present an ongoing forum to stimulate discussion of these issues. Political Bailout in Germany; Integrating European Financial Services: Developing Substantive Theory; The External and Internal Balance of the Convergence Process of Transformation Economies to the EU; Economic Effects of Nuclear Phase-Out in Germany; The Asymmetric Adjustment of Prices: Theory and Evidence from UK Manufacturing; European Union: Deeper Integration or Wider Membership? A Multivariate Statistical Analysis: Introduction; Research Design; The European Community on an Uncertain Path; Active Citizenship in the Changing Society -- Evidence from Six European Countries; European Union Media Policy: Finding a Path Between Commercial and Public Broadcasting in a Dual System; Index.
Author: Dudley, Alfreda
Publisher: IGI Global
ISBN: 1613501331
Category : Law
Languages : en
Pages : 341
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Book Description
Ethical values in computing are essential for understanding and maintaining the relationship between computing professionals and researchers and the users of their applications and programs. While concerns about cyber ethics and cyber law are constantly changing as technology changes, the intersections of cyber ethics and cyber law are still underexplored. Investigating Cyber Law and Cyber Ethics: Issues, Impacts and Practices discusses the impact of cyber ethics and cyber law on information technologies and society. Featuring current research, theoretical frameworks, and case studies, the book will highlight the ethical and legal practices used in computing technologies, increase the effectiveness of computing students and professionals in applying ethical values and legal statues, and provide insight on ethical and legal discussions of real-world applications.
Author: Hugh Collins
Publisher: Kluwer Law International B.V.
ISBN: 9041122249
Category : Law
Languages : en
Pages : 317
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Book Description
To encourage cross-border transactions in the Single Market of the European Community, the Commission has proposed general framework legislation to set general standards that forbid unfair marketing practices towards consumers, thereby increasing consumer confidence when deciding whether or not to shop abroad in the Community, either in person or through modern methods of electronic purchasing through the Internet. The essays in this volume critically examine the proposed Directive that prohibits unfair commercial practices, and in particular they consider the potential legal and economic implications of a legal duty to trade fairly in the context of general contract law, the protection of consumers, and the needs of competition policy. The distinguished authors of these essays, from Finland, Germany, Italy, The Netherlands, Spain, and the United Kingdom, explain the different approaches of national legal systems to the legal regulation of marketing practices, and assess the compatibility of the proposed Directive with national law and its likely success in achieving the promotion of trade in the Single Market. About the authorHugh Collins is Professor of English Law at the London School of Economics. He studied law at Oxford and Harvard. He has published extensively in the field of contract law including The Law of Contract 4th ed (London, Butterworths, 2003), and Regulating Contracts (Oxford, Oxford University Press, 1999).
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: Larry A. DiMatteo
Publisher: Kluwer Law International B.V.
ISBN: 9041159703
Category : Law
Languages : en
Pages : 688
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Book Description
For well over a decade this prized guide has served practitioners handling the legal ramifications of international contracting projects. The fourth revised and expanded edition thoroughly describes the new and ever-changing concepts and procedures that continue to redefine the researching, drafting, and execution of international contracts. More profoundly, it takes fully into account the hugely increasing volume of international trade and its ongoing expansion into more and more countries worldwide, and the concomitant need for businesspersons and transactional lawyers to be aware of the numerous recent international conventions and supranational responses to facilitate trade. All the invaluable features of earlier editions are of course still here, including analysis of key contract issues unique to various types of contracting, common contract clauses (such as choice of law and dispute resolution clauses), contract checklists, insights gleaned from actual cases and arbitral proceedings, and clear explanation of the principles of good contract drafting. The major relevant international conventions, model laws, pertinent national laws, legal guides, and other documents and instruments are all covered, with primary texts provided in appendices. Among the numerous issues and topics that arise are the following: • incorporation of standard terms; • difficulties of multiple language contracts; • lex mercatoria; • liability based upon preliminary agreements; • issues of termination; • regulation of Internet sales; • role of model or uniform laws; • sale of services; • national law restrictions on the cross-border sale of services; • intellectual property transfer and licensing agreements; • franchising and joint ventures; • electronic contracting; and • confidentiality, nondisclosure agreements, and covenants not to compete. More than merely an accessible reference that can be used as a framework tool in the negotiating and drafting of international contracts, this volume offers expert insights regarding the reasonableness of many contract clauses and the likelihood of their enforcement in a foreign jurisdiction. Because knowledge of the nuances of international transactional law cannot be overstated, this book is not only valuable but necessary. An adroit combination of contract theory and contract practice, the book continues to provide guidance to the law practitioner and student alike.
Author: Justine Pila
Publisher:
ISBN: 0198831285
Category : Law
Languages : en
Pages : 712
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Book Description
European Intellectual Property Law offers a full account of the main areas of substantive European intellectual property law - including the law of copyright and related rights, patents and plant variety rights, trademarks, design rights, and rights in data and information.
Author: Dennis Campbell
Publisher: Kluwer Law International B.V.
ISBN: 9041107215
Category : Law
Languages : en
Pages : 438
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Book Description
The use of unfair trading practices constitutes a breach of the law against unfair competition. The principle of freedom of competition is vital to any market. Without it, there exists no protection against large companies' obtaining monopolies and then ruthlessly exercising market dominance. The ability of other companies to freely compete with such entities is necessary to protect consumers from, for example, highly inflated prices. On the other hand, the right to compete must be tempered to avoid abuse by traders using unscrupulous methods to sell products or services. Such misuse also threatens to impede the businesses of others and breach the principle of fair competition. This subject is particularly relevant in today's society, where competition plays such an important role and new technologies, such as the Internet, provide more and more room for competition. This special volume of the Comparative Law Yearbook of International Business addresses this important, controversial subject. It gives a country-by-country account of the provisions and procedures laid down in various jurisdictions worldwide. Each contribution is provided by a leading practitioner in the area of competition law. As a result, Unfair Trading Practices is a useful tool for anyone having to deal with unfair acts in the course of trading.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 880
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Book Description
