Legal Literature

Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 2., (a)

This article deals with the effects of the implementation of article 6.2.(a) of the UCP Directive on trade mark protection. The author concludes that its national implementation in Austrian law (section 2 para 3 no 1 of the Austrian Unfair Competition Act) broadens the legal protection against imitations or replicas of goods and trade marks, although not all types of cases will in the future fall within the scope of  the prohibition of misleading actions, and thus have to be resolved by applying the new general clause.