Let me show you how to use law as a weapon for competitive advantage!
The completely updated and revised edition of the bestselling book in its field helps you understand the core legal principles applied in the UK and Europe that impact on your work in marketing and sales.
We’ll give you the confidence to make authoritative statesments online and offline, and comply with essential legal requirements in sales and marketing practice. You’ll understand the implications of key EU laws and regulations, and how to prevent legal barriers stifling competition in your market segment.
Chapter 1: Making agreements • Introduction • Negotiation • Heads of terms • Use of standard terms of business • Relevant statutory framework for sale of goods, services or goods and services • Marketing agency agreement • Distributorship agreement • Website contract • Remedies available for breach of contract • Misrepresentation • References
Chapter 2: Making statements in sales and marketing • Introduction • Definitions of tortious liability • Distinction between contract and tort • Remedies in contract not available in tort • Negligent misstatements • Misrepresentation made in sales and marketing contracts • Fraudulent misrepresentation • Negligent misrepresentation • Innocent misrepresentation • Remedies for misrepresentation • Defamation • Remedies for defamation • Tort of malicious falsehood • References
Chapter 3: Legal barriers to market entry • Introduction • Design rights as a barrier to market entry • Trademark as a barrier to market entry • Passing-off action as a barrier to market entry • Copyright as a barrier to market entry • Generic top-level domains (gTLDs) as a barrier to market entry • References and further reading
Chapter 4: Legal requirements for sales and marketing activities • Introduction • ICC Consolidated Code for Advertising and Marketing Communications Practice (2011) • EU Consumer Rights Directive 2011 • Consumer Protection from Unfair Trading Regulations (CPRs) 2008 • Business Protection from Misleading Marketing Regulations (BPRs) 2008 • Advertising Standards Authority (ASA) CAP and BCAP Codes • ASA regulation of marketing activities on websites • Protection of children and young people from sales and marketing exploitation • References and further reading
Chapter 5: Law as a weapon for competitive sales and marketing advantage • Introduction • The UK and EU advertising regime • Comparative advertising as a weapon for achieving sales and marketing advantage • Product placement on television as a weapon for achieving sales and marketing advantage • References and further reading
Chapter 6: Direct marketing and direct selling • Introduction • Data Protection Act 1998 • Conducting an internal audit to ensure compliance with the DPA 1998 • E-mail marketing • Proximity and m-marketing • Distance selling • Future reform of data protection regulation in the EU • References and further reading
Chapter 7: The EU Privacy and Electronic • Communications Regulations • Introduction • Background to the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 • Implementation of the ‘Cookie Directive’ in the UK • Modification to the law of privacy as a result of the 2011 Regulations • Online advertising and marketing • References
Chapter 8: Sales and price promotions • Introduction • Discounts and other special offers • Legal framework: the UK and the European Union • Non-Broadcast Advertising, Sales Promotion and Direct Marketing Code (CAP Code) • Consumer Protection from Unfair Trading Regulations 2008 (CPRs) • Business Protection from Misleading Marketing Regulations 2008 • Consumer Protection (Distance Selling) Regulations 2000 • Electronic coupons and vouchers • Intellectual property issues • References and further reading
Chapter 9: Prize promotions and incentives • Introduction • Prize draws and lotteries • Competitions • Consumer Protection from Unfair Trading Regulations 2008 • References and further reading
Chapter 10: Sponsorship and hospitality • Introduction • Types of sponsorship • Rights and obligations of the sponsor • Rights and obligations of the property owner • Management of intellectual property rights • Broadcast sponsorship regulation • Legal issues around hospitality within sponsorship • References and further reading
About the Authors:
Ardi Kolah LL.M is prolific author and one of the most respected marketing and communication practitioners in the world. He holds a masters degree in law and is a fellow of the Chartered Institutes of Marketing and Public Relations, and a Liveryman of the Worshipful Company of Marketors. His unique approach had made Guru in a Bottle extremely popular throughout Europe, the USA and India.