IAM magazine
http://www.lesusacanada.org/meetings/annual-meeting/2014-annual-meetingCPA Global US
IAM magazine RSS feed IAM magazine on Twitter IAM magazine on Linked-in
Intellectual Asset Management
Subscriber login
Search

Unfair Commercial Practices Directive sets out clearer rules for mark owners - International Report

Unfair Commercial Practices Directive sets out clearer rules for mark owners

Zacco - Denmark

Louise Unmack

26 Mar 3008
Unfair Commercial Practices Directive sets out clearer rules for mark owners
Zacco - Denmark
Louise Unmack
 
26 Mar 3008

The deadline for implementing the EU Directive on Unfair Business-to-Consumer Commercial Practices has now expired. In Denmark, the directive is implemented by a regulation to the Marketing Act, which sets out what practices are always considered unfair in relation to consumers.

Although the directive does not entail any changes to the act’s provisions on fair commercial practices (Section 1) and misleading commercial practices (Section 3), it remains an important step towards harmonising marketing law with the European Union. It is also of particular significance to trademark owners, as most counterfeit cases are run with reference to the Marketing Act as well as the Trademark Act.

The considerable differences in the laws on unfair commercial practices in different member states has resulted in increased costs to Danish companies and trademark owners that have engaged in cross-border marketing and other promotional activities within the internal market. These differences have also meant that consumers are less certain about their rights, thereby undermining confidence in the internal market.

The directive’s aim is to remove such differences by fully harmonising the law on unfair commercial practices and introducing a uniformly high level of consumer protection. For instance, the directive introduces a general prohibition on unfair commercial practices that are likely to materially disadvantage the average consumer. This is complemented by special provisions on misleading and aggressive marketing, as well as a blacklist of marketing practices that are always considered unfair in relation to consumers. As a starting point, the directive establishes that other marketing practices must be assessed in view of a reasonably well-informed, observant and circumspect consumer.

This definition of the consumer necessarily depends on a court’s interpretation. However, it is possible that resulting case law could lead to some adjustment to Danish practice concerning the law on fair commercial practices, especially where this concerns trademarks.

For further information please contact:

Louise Unmack
Zacco
www.zacco.com
Email: louise.unmack@zacco.com
Tel: +45 3948 8000


Close

Register for more free content

  • Read more IAM blogs and articles
  • The Editor's weekly review by email
Register now  
Issue 0