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