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Remember, Recollect The 12 December ...


has been prowling amidst this week's European Commission Official Journals in addition to what should he discovery inward number L 149 (11 June) simply Directive 2005/29 of eleven May 2005 concerning unfair business-to-consumer commercial practices inward the internal marketplace rank in addition to amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC in addition to 2002/65/EC of the European Parliament in addition to of the Council in addition to Regulation (EC) No 2006/2004 of the European Parliament in addition to of the Council. Fortunately this mouthful is given a short, affectionate title: the Unfair Commercial Practices Directive.

The intellectual belongings community doesn't seem to receive got made much dissonance nigh this Directive, which is strange because it has the potential to create a epitome shift inward the provision of a unmarried marketplace rank for fair dealing every bit betwixt traders in addition to consumers.

18 pages inward length, the Directive leads amongst 5 pages of preamble, followed yesteryear 21 Articles. It is followed yesteryear 2 annexes:

* Annex I, which lists several pages of practices which are always considered unfair, and

* Annex II, a helpful checklist of Community police delineate provisions that gear upwards out rules governing advertising in addition to commercial communications.
notices several explicit references to IP.



Could this last the Commission's novel motto?

Preamble ix states:

"This Directive is without prejudice to private actions brought yesteryear those who receive got been harmed yesteryear an unfair commercial practice. It is every bit good without prejudice to Community in addition to national rules on contract law, on intellectual belongings rights ... in addition to to Community contest rules in addition to the national provisions implementing them".
Article vi reads:

"1. Influenza A virus subtype H5N1 commercial practise shall last regarded every bit misleading if it contains fake data in addition to is thence untruthful or inward whatever way, including overall presentation, deceives or is probable to deceive the average consumer, fifty-fifty if the data is factually correct, inward relation to i or to a greater extent than of the next elements, in addition to inward either instance causes or is probable to drive him to receive got a transactional determination that he would non receive got taken otherwise: [...]

(b) the primary characteristics of the product, such every bit its availability,
benefits, risks, execution, composition, accessories, aftersale customer
assistance in addition to electrical load handling, method in addition to appointment of industry or provision, delivery, fitness for purpose, usage, quantity, specification, geographical or commercial origin or the results to last expected
from its use, or the results in addition to cloth features of tests or checks carried out on the product;

(c) [...] whatever statement or symbol inward relation to straight or indirect
sponsorship or blessing of the trader or the product; [...]

(f) the nature, attributes in addition to rights of the trader or his agent, such every bit his identity and assets, his qualifications, status, approval, affiliation or connecter in addition to ownership of industrial, commercial or
intellectual belongings rights or his awards in addition to distinctions; [...].

2. Influenza A virus subtype H5N1 commercial practise shall every bit good last regarded every bit misleading if, inward its factual context, taking trouble organization human relationship of all its features in addition to circumstances, it causes or is probable to drive the average consumer to receive got a transactional determination that he would non receive got taken otherwise, in addition to it involves:

(a) whatever marketing of a product, including comparative advertising, which creates confusion amongst whatever products, merchandise marks, merchandise names or other distinguishing marks of a competitor; [...].
These provisions, which yesteryear Article eleven appear to last enforceable yesteryear consumers in addition to groups affected yesteryear them, must last implemented yesteryear 12 Dec 2007.


No to a greater extent than puzzled pussies, from 12 Dec 2007

says "Watch this space: the Directive is leap to attract involvement every bit to a greater extent than IP-alert traders realise how much it tin touching on them". Merpel says "It looks similar expert materials to me. But volition this wipe out both unfair contest police delineate in addition to passing off every bit nosotros know it, providing a degree of consistent pan-European non-statutory protection for the get-go time?"

Background to the Directive here
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