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Dissertation
Immaterialgüter- und Wettbewerbsrecht

Evaluation Criteria of Misleading Advertising in the European Union

Letzte Änderung: 01.01.11

After the analysis of the sources for the research in the fields of law against unfair competition, EU consumer law and EU law at the Max Planck Institute for Intellectual Property, Competition and Tax Law, the final plan of PhD thesis was prepared and delivered to the supervising professor Vytautas Mizaras, LL.M in the end of February, who approved it afterwards. Most of the time in March was dedicated to the research and draft of the article on the Unfair Commercial Practices Directive (the UCPD), dealing with the objectives of its adoption and problems faced within the implementation process of this directive to the Lithuanian legal system. The article was finished in April. The analysis of the international and EU regulation of the unfair competition law was provided in PhD thesis also in April. May was dedicated to conduct a research dealing with secondary legislation of the EU unfair competition and consumer protection law.

The research on the primary and secondary EU legislation as well as the regulations on protection of the unfair competition and misleading advertising law, particularly in Germany, Italy, Lithuania and the United Kingdom was finalised in June. After the analysis thereof, the comparative analysis of different concepts of advertising regulations met within the aforementioned jurisdictions was drafted. July was dedicated to the analysis of the fairness doctrine met in the UCPD. The chapter of the PhD thesis called “Fairness” most dealing with the requirement to establish the autonomous doctrine of fairness within the EU and the need for the demarcation of the fairness concept from national morals and their requirements of the Member States was completed in July.

The detailed analysis of the general clause banning the unfair commercial practices was also provided in the PhD thesis. The separate phases of its application were explained and conclusions were delivered afterwards. In July the legal requirements related to taste and decency and cultural reasons were also analysed in the work. The diverging doctrinal opinions regarding these exceptions of UCPD as well as the current ECJ case law on these matters were elucidated. In August most of the time was dedicated to analysing the requirement of professional diligence in the general clause banning unfair commercial practices.

Personen

Doktorand/in

Mantas Rimkevicius

Doktorvater/-mutter

Prof. Dr. Vytautas Mizaras

Forschungsschwerpunkte

Zielsetzungen der Europäischen Union