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By Jules Stuyck

With patron items, as weil as buyer durables, the marketplace is obscured due to product differentiation, in for instance, the use, of alternate marks, and the ads and get-up of goods, and this provides arealproblern within the safety of customers. After a basic demarcation of the varieties, recommendations and features of product differentiation, an research is made into the correlation among the legislations and product differentiation; first, concerning pharmaceutical items and, then, even though merely in terms of reconnaissance, for foodstuffs and cosmetics. either within the common descriptive half and within the elements facing quite a few sectors, recognition can also be paid to product differentiation as a resource of the geographical department of markets. In a later bankruptcy, sure common Observations at the legislations and socially bad product differentiation are constructed. right here specific awareness is paid to exchange mark legislation and rules when it comes to deceptive and cheating advertisements. The survey exhibits that, within the gentle of the prevailing financial version, more desirable customer security opposed to the illustration of product range­ ences which hardly ever exist, can most sensible be effected by way of rules and different projects fascinated by the availability of knowledge, similar to labelling necessities. September 1981 Dr. Jules Stuyck IX desk of Contents the 1st determine exhibits the subsection quantity and the second one determine the web page number.

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Additional info for Product Differentiation in Terms of Packaging Presentation, Advertising, Trade Marks, ETC.: An Assessment of the Legal Situation Regarding Pharmaceuticals and Certain Other Consumer Goods

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3775; sce also Decision No. P. (France), 9 February 1980, p. 28. 72. Benson P. Shapiro, 'Making rnoney through rnarketing' (1979) 57 Harvard Business Review 135-142. 73. For exarnple, Mr. Molijn and Mr. Knook, International Trade Marks Departrnent of Unilever, Rotterdarn/London (discussion on 3 January 1980 in Rotterdarn). 26 FUNCTIONS that competltlon is really present, particularly at the level of price74 or service. With regard to the latter, I would recall what was said in the previous subsection, that service as such is a means of differentiation within the range.

193. 35. Op. cit. p. 84. 36. Bioverfügbarkeil von Arzneistoffen (Frankfurt, 1974). 35 PRODUCT DIFFERENTIATION IN CERTAIN SECTORS 2. Any such evidence would raise new questions, since a good many cases are known of manufacturers marketing the same product both as a generic and under a brand name. Examples in the Netherlands: Tanderil-Oxyfenbutazon ( Ciba-Geigy); Multergan-Thiazinamium, Phenergan-Promethazine; Butazolidin-Fenylbutazon (Ciba-Geigy). 37 In the Netherlands, generics are usually obtainable from the 'regular wholesalers'.

56, referring to Bernt Spiegel, Die Struktur des Meinungsverteilung in sozialen Feld (Berne/Stuttgart, 1969). p. 38. 37. Economic theory calls this 'third degree' (price) discrimination. W. de Jong, 'Machtspositie en prijspolitiek', TVSS Ondernemingsrecht, 1980, p. ) 38. 'A policy of price stabilisation can be evaded by product differentiation (with or without quality changes), but this crcates a ncw product that can only bc sold in sufficient quantities if cnough money is spcnt on advertising' (Jack W.

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