Towards A European Unfair Contest Law

Towards a European Unfair Competition Law

has been dipping into a new book, Towards a European Unfair Competition Law: a clash betwixt families, past times Rogier W. de Vrey. The writer (left) is a Junior Associate Professor at CIER (the Centre for Intellectual Property Law) at the University of Utrecht; he also edits a periodical on intellectual holding as well as advertising law.

What the publisher says:

"The principal aim of this mass is to utter over the Earth of unfair contest police line inward the European Union. In this respect, the diverse efforts that bring been made inward the past times to come upwards to harmonization of this surface area of police line as well as the reasons that they were exclusively partially successful are reviewed. In addition, the International as well as European regulations that refer to unfair competition, like, e.g., the Paris Convention, the TRIPs as well as the recent 2004 Unfair Commercial Practices Directive are discussed. Also an overview is given of the unfair contest laws inward the United Kingdom, FRG as well as the Netherlands amongst abide by to the ‘problem-areas’ of slavish imitation, misleading advertising, denigrating one’s competitor, merchandise secrets as well as finally, misappropriation of valuable merchandise assets.

Unfair contest police line is traditionally considered role of intellectual holding law. Not exclusively the relation of unfair contest police line to intellectual holding laws are thence role of the intelligence but also the areas of consumer protection police line (since unfair contest police line is partly orientated towards consumer protection) as well as contest (as an economical concept) is the topic of thorough review".

What the IPKat says: The writer has for sure made every essay to read widely roughly his dependent area as well as to gain familiarity amongst unlike systemic approaches to unfair competition: this may survive seen non exclusively from the fact that he spent fourth dimension amongst the Max Planck Institute inward Munich as well as the Queen Mary Intellectual Property Research Institute inward London, but also from the broad ambit of the sources he has read (the bibliography is nearly impressive). But it's non but the bibliography that impresses - the writer has produced a serious run of scholarship, for which he is to survive congratulated.

The book, which is electrical flow to September 2005 as well as thence contains reference to Directive 2005/29 concerning unfair business-to-consumer practices, consists of relatively few chapters: they address, respectively,

* International as well as European Law (the 'International' fleck makes depressing reading since it shows how niggling it has been possible to accomplish inward the plain of unfair contest other than inward securing a broad understanding that something should survive done);

* Dutch law. Taking a historical perspective, the writer leads the reader through the diverse stages inward the evolution law, through the Lindenbaum/Cohen Supreme Court illustration to the diverse legislative reports as well as proposals leading to the introduce law.
* German law. This is some other painstaking concern human relationship of the evolution of High German statute police line to the UWG 2004.

* English law. This chapter is quite adventurous, addressing topics such every bit malicious falsehood as well as the diverse voluntary codes of advertising practise every bit good every bit the essence of English linguistic communication illustration police line on passing off as well as merchandise secrecy.

* Comparative law, inward which the writer addresses the upshot whether an overall concept of unfair contest tin survive said to underpin the laws of the 3 compared jurisdictions.

is no admirer of indexes as well as rarely uses them himself; nonetheless on this occasion he feels that a expert index mightiness help the reader who does non bring the chance to read the mass from comprehend to comprehend but does desire to banking concern friction match upwards on specific developments or trading practices. The index to this mass is really brusque and, existence located ahead of the appendices, is quite slowly to miss.

Bibliographic details: published past times Martinus Nijhoff 2006. ISBNs 10 ninety 04 15040 4;
13 978 9004150 twoscore 9. Hardback. xvii + 358pp plus a minor issue of appendices. List cost €165.00/US$ 223.00. Rupture factor: low-to-medium - the book's non also heavy, but the cover's smoothen as well as shiny so y'all tin easily drib it on your foot.