Abstract
In Purely Creative and Others1 the Court of Justice of the European Union (CJEU) clarified a number of prerequisites for the per se ban under Item 31 in Annex I to the Directive on Unfair Commercial Practices (‘the Directive’), and hence under Item 17 in Annex to s 3(3) of the German Act Against Unfair Competition (UWG). The most significant result is that consumers may not be burdened with any costs whatsoever when inquiring about the prize won, and that the trader has to provide all necessary information about the prize and how it is to be claimed in a clear and comprehensible manner.
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More From: Journal of Intellectual Property Law & Practice
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