It is not an easy task to create a nice film, wonderful music or a new software. But since it is really easy to copy the created economic value, this work has to be protected in order to keep this innovation process going and provide an incentive for the creation of investment in new works. Therefore a need for legal protection had arisen, which lead to enacting Intellectual Property rights. Many countries have seen the need for this protection. The following work outlines the European and partly the International Legislation of Intellectual Property Rights by first explaining the specific property right and further providing information about European and International legislation. Internationally, IPR are regulated by conventions like the Patent Cooperation Treaty, the Madrid Agreement for the international registration of brands, the Hague Agreement for industrial signs, and the Bern Convention of copy rights. Within the EU, the European Patent Office and the EU Regulation on Trademarks are responsible for the enforcement. Nationally, the national legislation as well as the registration offices take care of those issues. The IPR consist of Copyright, Trademark, Patent, and Design. They all are generally described as intellectual property or intangible property because they are property rights that cannot be touched or felt like personal property (e.g. car) or real property (e.g. land). However, the terms have different meanings and define different things.
Table of Contents
- Intellectual Property Rights (IPR)
- The Copyright ©
- The Patent
- Design Protection
- The Trademark ™
- Advertising
- European Legislation on Misleading and Comparative Advertising.
- International Codes of Advertising
- Special Rules in some Contracts
- Distance Contracts
- Contracts negotiated away from business premises
- Package Travel
- Purchase of the right to use immovable property on a timeshare basis
- Consumer Credit
- Competition - Law
- Theoretical Introduction
- Undertakings
- The Objective
- Exemptions under Article 81 (3)
- Individual Exemption
- Block Exemption
- Vertical and Horizontal agreements
- Horizontal agreements
- Vertical agreements
- Does it make sense to condemn vertical agreements?
- Exclusive Distribution Agreement (EDA).
- Exclusive Purchasing Agreements (EPA)
- Competition within the Car Sector in the European Union
- Voices against the expiration
Objectives and Key Themes
This brief guide aims to provide a concise overview of European and International aspects of Marketing Law. It explores the legal frameworks surrounding intellectual property rights, advertising practices, specific contract types, and competition law.
- Intellectual Property Rights (IPR) and their protection mechanisms.
- Regulations governing advertising, encompassing misleading and comparative advertising.
- Specific legal considerations for various contract types (distance contracts, package travel, etc.).
- Competition law, including theoretical foundations and practical applications within the EU.
- The balance between innovation incentives and public access to information and goods.
Chapter Summaries
Intellectual Property Rights (IPR): This chapter introduces the concept of Intellectual Property Rights (IPR) as a crucial mechanism for protecting creative works and inventions, emphasizing the need to balance innovation incentives with public access. It details the international and European legal frameworks governing IPR, including conventions like the Patent Cooperation Treaty and the Bern Convention. The chapter also differentiates between various types of IPR, such as copyrights, patents, and design rights, highlighting their respective scopes and enforcement mechanisms.
Advertising: This section examines the legal landscape of advertising in Europe and internationally. It delves into European legislation addressing misleading and comparative advertising, outlining the restrictions and regulations designed to protect consumers from deceptive practices. Furthermore, it explores international codes of advertising, highlighting the global efforts to standardize ethical and legal standards within the industry. The chapter emphasizes the complexities involved in balancing free speech with the need for consumer protection.
Special Rules in some Contracts: This chapter focuses on specific legal regulations impacting certain contract types. It addresses the unique aspects of distance contracts, contracts negotiated outside business premises, package travel agreements, timeshare purchases, and consumer credit contracts. The analysis emphasizes consumer protection and clarifies the special legal considerations and responsibilities inherent in each contract type. The overall aim is to elucidate the specific legal safeguards implemented to protect consumers in these potentially vulnerable situations.
Competition - Law: This chapter provides a comprehensive overview of European competition law, starting with a theoretical introduction to the concepts of undertakings, objectives, and exemptions under Article 81(3). It delves into the specifics of vertical and horizontal agreements, including exclusive distribution and purchasing agreements. The discussion also includes a real-world case study: competition within the European car sector. The overall theme revolves around maintaining a competitive marketplace while considering the implications of various agreements and practices.
Keywords
Intellectual Property Rights, Copyright, Patent, Design Protection, Trademark, Advertising Law, Misleading Advertising, Comparative Advertising, Contract Law, Distance Contracts, Consumer Protection, Competition Law, European Union Law, International Law, Innovation, Economic Incentives.
European and International Aspects of Marketing Law: Frequently Asked Questions
What topics are covered in this guide on European and International Aspects of Marketing Law?
This guide provides a concise overview of European and International aspects of Marketing Law. It explores the legal frameworks surrounding intellectual property rights (IPR), advertising practices, specific contract types, and competition law. The guide includes detailed information on copyright, patents, trademarks, design protection, misleading and comparative advertising, distance contracts, package travel agreements, consumer credit, and competition law within the European Union.
What are the key objectives and themes of this guide?
The main objectives are to provide a concise overview of the legal frameworks related to marketing in Europe and internationally. Key themes include the protection mechanisms for intellectual property rights, regulations governing advertising (including misleading and comparative advertising), legal considerations for various contract types, and the application of competition law within the EU. The guide also touches on balancing innovation incentives with public access to information and goods.
What are the different types of Intellectual Property Rights (IPR) discussed?
The guide discusses various types of IPR, including copyrights, patents, trademarks, and design protection. It explains the scope and enforcement mechanisms for each type and how they are protected under international and European legal frameworks (such as the Patent Cooperation Treaty and the Bern Convention).
What aspects of advertising law are covered?
The guide examines European legislation on misleading and comparative advertising, outlining restrictions and regulations designed to protect consumers. It also explores international codes of advertising and the balance between free speech and consumer protection.
What specific contract types are addressed in the guide?
The guide details special legal regulations for several contract types including distance contracts, contracts negotiated away from business premises, package travel agreements, timeshare purchases, and consumer credit contracts. It emphasizes consumer protection and the unique legal considerations for each.
What aspects of competition law are covered?
The guide provides a comprehensive overview of European competition law. It covers theoretical foundations, including undertakings, objectives, and exemptions under Article 81(3); vertical and horizontal agreements (including exclusive distribution and purchasing agreements); and a case study on competition within the European car sector. The discussion focuses on maintaining a competitive marketplace.
What are the key words associated with this guide?
Key words include: Intellectual Property Rights, Copyright, Patent, Design Protection, Trademark, Advertising Law, Misleading Advertising, Comparative Advertising, Contract Law, Distance Contracts, Consumer Protection, Competition Law, European Union Law, International Law, Innovation, and Economic Incentives.
Where can I find a detailed summary of each chapter?
The guide provides chapter summaries for Intellectual Property Rights, Advertising, Special Rules in some Contracts, and Competition Law. These summaries offer a concise overview of the key concepts and arguments presented in each chapter.
What is the overall aim of this guide?
The overall aim is to give a clear and concise understanding of the key legal aspects of marketing in Europe and internationally, balancing theoretical frameworks with practical applications and real-world examples.
- Citar trabajo
- David Nowak (Autor), Robert Reiter (Autor), 2002, Marketing Law - A brief guide European and International aspects of Marketing Law, Múnich, GRIN Verlag, https://www.grin.com/document/47787
