Comparative advertising and price: Implementation of Directive 97/55/EC in Germany and England compared

Language: English

Published by Diplom.De Okt 2004, 2004

3838683714 / 9783838683713

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Seller: BuchWeltWeit Ludwig Meier e.K., Bergisch Gladbach, GermanyBuchWeltWeit Ludwig Meier e.K.

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This item is printed on demand - it takes 3-4 days longer - Neuware -Doctoral Thesis / Dissertation from the year 2004 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, University of the West of England, Bristol (Faculty of Social Sciences, School of Law), language: English, abstract: 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 into2 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:Introduction1Chapter 1.The Law of Comparative Advertising in England71.1Rejection of a Law of Unfair Competition91.2The Law of Comparative Advertising111.3Implementation of Directive 97/55/EC14Chapter 2.The Law of Comparative Advertising in Germany222.1The Law of Unfair Competition under the 1909 Act Against Unfair Competition222.2Implementation of Directive 97/55/EC26Chapter 3.Analysis: Implementation of Directive 97/55/EC in England and Germany compared33Conclusion43Annex47Bibliography47Table of cases52Statutory material53 64 pp. Englisch.…

Seller Inventory # 9783838683713

Title
Comparative advertising and price: Implementation of Directive 97/55/EC in Germany and England compared
Author
Leonie Marder
Publisher
Diplom.De Okt 2004
Publication year
2004
Condition
Neu
Binding
Taschenbuch
Language
English
ISBN 10
3838683714
ISBN 13
9783838683713
Item weight
107 grams
Dimensions
210x148x5 mm

BuchWeltWeit Ludwig Meier e.K.

Bergisch Gladbach, Germany

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