Essential Law for Marketers | by Ardi Kolah | ISBN: 9780750655002. Litigation Lawyers Guide. Liability for Defective Products. LEGAL PROTECTION FOR Intellectual Property Rights. DISTINCTION BETWEEN CONTRACT AND TORT.
Essential Law for Marketers
by Ardi Kolah
ISBN:9780750655002
Providing expert guidance on crucial issues for the busy practitioner, this structured text offers clear and concise explanations of the laws that impact on the practice of marketing, advertising, sponsorship, design and public relations.
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Essential Law for Marketers
Foreword
Chapter 1 – Introduction
WHY DO I NEED TO KNOW WHAT THE LAW IS?
HOW DO I USE THIS BOOK?
APPLICATION OF THE LAW
LAW AS IT APPLIES IN ENGLAND AND WALES
Chapter 2 – Making Agreements
OVERVIEW
INTRODUCTION
ANATOMY OF A CONTRACT IN MARKETING
ENFORCING CLAIMS
CHECKLIST
Chapter 3 – Making Statements
OVERVIEW
INTRODUCTION
DEFINITION OF TORTIOUS LIABILITY
DISTINCTION BETWEEN CONTRACT AND TORT
NEGLIGENT MIS-STATEMENTS
MISREPRESENTATION
DECEIT
MALICIOUS FALSEHOOD (‘TRADE LIBEL’)
SLANDER OF GOODS AND TITLE
DEFAMATION
CHECKLIST
Chapter 4 – Liability for Defective Products
OVERVIEW
INTRODUCTION
DEFINITION OF ‘DEFECTIVE PRODUCT’
MANUFACTURE AND DESIGN DEFECTS
WARNINGS AND FAILURE TO WARN
INTERMEDIATE EXAMINATION
DAMAGES
LIABILITY WITHOUT FAULT – THE CONSUMER PROTECTION ACT 1987
DEFENCES, PARTICULAR TO A CLAIM UNDER THE CONSUMER PROTECTION ACT 1987 (PART I)
CRIMINAL OFFENCE
CHECKLIST
Chapter 5 – Intellectual Property Rights
OVERVIEW
INTRODUCTION
WHAT IS IP?
TRADEMARKS
TORT OF PASSING OFF
CURRENT UNCERTAINTY SURROUNDING UK TRADEMARK AND PASSING OFF LAWS
PERSONALITY RIGHTS
PATENTS
DESIGN RIGHT
CHECKLIST
Chapter 6 – Copyright
OVERVIEW
INTRODUCTION
WHAT IS COPYRIGHT?
COPYRIGHT, DESIGNS AND PATENTS ACT 1988
RESTRICTED ACTS AND INFRINGEMENT OF COPYRIGHT
LICENSING
MARKETER/CLIENT RELATIONSHIP
MORAL RIGHTS
CHECKLIST
Chapter 7 – Data Protection
OVERVIEW
INTRODUCTION
EU DATA PROTECTION DIRECTIVE (95/46/EC)
KEY CONCEPTS USED IN THE DATA PROTECTION ACT 1998
NOTIFICATION RULES UNDER THE DATA PROTECTION ACT 1998
EXPLANATION OF THE FULL EFFECTS OF THE DATA PROTECTION ACT 1998
PROTECTION OF THE INDIVIDUAL’S RIGHTS UNDER THE DATA PROTECTION ACT 1998
CHECKLIST
Chapter 8 – Defamation
OVERVIEW
INTRODUCTION
DEFAMATION
MALICIOUS FALSEHOOD
THE IMPACT OF HUMAN RIGHTS LEGISLATION
PRIVACY
CHECKLIST
Chapter 9 – Advertising and Labelling
Overview
INTRODUCTION
TYPES OF ADVERTISING
THE ADVERTISING REGULATORS
GENERAL LEGAL PRINCIPLES
MISLEADING ADVERTISING
COMPARATIVE ADVERTISING
INTELLECTUAL PROPERTY RIGHTS (IPRs)
AMBIENT MEDIA
ADVERTISING AND LABELLING OF SPECIFIC GOODS, SERVICES AND CAUSES
CHECKLIST
Chapter 10 – Broadcasting
OVERVIEW
INTRODUCTION
THE REGULATORS OF BRITISH TELEVISION AND RADIO
THE ITC
ITC CODE ON PROGRAMME SPONSORSHIP (CPS)
GUIDANCE ON THE REGULATION OF INTERACTIVE TELEVISION SERVICES (iTV)
ITC’S POSITION ON THE REGULATION OF THE INTERNET
ITC CODE FOR TEXT SERVICES
BACC
POWERS OF THE BSC
THE BBC PRODUCERS’ GUIDELINES (2001)
POWERS OF THE RADIO AUTHORITY
THE RADIO ADVERTISING CLEARANCE CENTRE (RACC)
COMMUNICATIONS WHITE PAPER (2001)
DIGITAL ERA/INTERACTIVE SERVICES
THE FUTURE OF BROADCASTING
CHECKLIST
Chapter 11 – Licensing and Merchandising
OVERVIEW
INTRODUCTION
THE LICENCE AGREEMENT
LEGAL PROTECTION FOR IPRs
REGISTERED TRADEMARKS
PENALTIES
PARALLEL IMPORTS – EU AND NON-EU IMPORTS
COMBATING THE COUNTERFEITER
CHECKLIST
Chapter 12 – Sponsorship and Hospitality
OVERVIEW
INTRODUCTION
SPONSORSHIP
KEY LEGAL ISSUES IN SPONSORSHIP
HOSPITALITY
CHECKLIST
Chapter 13 – Promotions and Incentives
OVERVIEW
INTRODUCTION
COMMITTEE OF ADVERTISING PRACTICE (CAP) SALES PROMOTION CODE
CONTRACTUAL ISSUES
CONTRACTS WITH SUPPLIERS
CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000
COUPONS AND VOUCHERS – SPECIAL RULES
INFORMATION REQUIREMENTS
OTHER SOURCES OF LIABILITY
DATA PROTECTION
INTELLECTUAL PROPERTY ISSUES
CHECKLIST
Chapter 14 – Lobbying
Overview
INTRODUCTION
DEFINITION OF LOBBYING
DATA PROTECTION ACT 1994
POLITICAL PARTIES, ELECTIONS AND REFERENDUMS ACT 2000 (PPERA)
APPC
Institute of Public Relations (IPR) CODE OF CONDUCT
CHECKLIST
Chapter 15 – Cyber Marketing
OVERVIEW
INTRODUCTION
DOMAIN NAMES – OWNERSHIP AND DISPUTES
‘WEBVERTISING’
DEFAMATION
DIRECT MARKETING
PROPOSED EU DIRECTIVE CONCERNING THE PROCESSING OF PERSONAL DATA AND THE PROTECTION OF PRIVACY IN THE ELECTRONIC COMMUNICATIONS SECTOR
DIRECTIVE 31/00/EC (E-COMMERCE DIRECTIVE) 2000
CHECKLIST
Chapter 16 – Niche Marketing
OVERVIEW
INTRODUCTION
HOW THE SELF-REGULATORY SYSTEM WORKS
ALCOHOLIC DRINKS
ORGANIC FOODS
GENETICALLY MODIFIED (GM) FOODS
PHARMACEUTICAL PRODUCTS
CIGARETTE AND OTHER TOBACCO PRODUCTS
FINANCIAL SERVICE PRODUCTS
PRODUCTS AIMED AT CHILDREN
Chapter 17 – Ambush Marketing
OVERVIEW
INTRODUCTION
COUNTERFEITING
OPPORTUNIST AMBUSH
PARASITIC MARKETING
MINIMISING THE RISKS OF AMBUSH
DEFENCES AGAINST AMBUSH MARKETING
CHECKLIST
Useful Sources of Information
Regulatory authorities
Legal sites
Trade organisations
Marketing news
Other sites
Essential Law for Marketers Matrix
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