Unfair Competition Law-European Union and Member States
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...
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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.
Chapter 1. Basic Considerations I. “Unfair competition” as a separate field of law? Some (historical) observations II. Demarcation from other fields of law III. Subject matters of unfair competition law IV. The general clause and the definition of “unfair” V. Enforcement VI. Applicable law, multi-state conflicts, country-of-origin principle Chapter 2. International Protection Against Unfair Competition I. The Paris Convention II. Trips III. WIPO Model Provisions on Protection Against Unfair Competition Chapter 3. Protection Against Unfair Competition Law on the Community Level I. Primary and Secondary Community law II. The role of the European Court of Justice III. National Unfair Competition Law and Articles 28, 49 EC IV. Secondary Community Law: Directives, Regulations Chapter 4. Unfair Competition Law in the Member States I. Austria II. Belgium III. Czech Republic IV. Cyprus V. Denmark VI. Estonia VII. Finland VIII. France IX. Germany X. Great Britain XI. Greece XII. Hungary XIII. Ireland XIV. Italy XV. Latvia XVI. Lithuania XVII. Luxembourg XVIII. Malta XIX. Netherlands XX. Poland XXI. Portugal XXII. Slovak Republic XXIII. Slovenia XXIV. Spain XXV. Sweden
