Consumers today live in an age of deception. With technological advancements and increasing sophistication in advertising and sales techniques, they are at a persistent disadvantage when it comes to detecting subtle but omnipresent forms of deception. In Australia, the primary tool to protect consumers is the prohibition on misleading and deceptive conduct in s.18 of the Australian Consumer Law. We trace the uncertainties and inconsistencies that continue to plague its application and call for clear and consistent standards that are suitably protective for 21st century conditions.
|European Intellectual Property Review
|Published - 2022