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Curriculum Vitae
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| Jan Kabel studied law at
the University of Groningen (LL.M. 1969) and received his doctorate from the University of Amsterdam
(1981),
where he defended his thesis on Advertising and Freedom
of Expression.
Jan is emeritus professor
of Information Law at the Institute for Information Law
of the University of
Amsterdam. Before joining
the Institute for Information Law in 1987, as one of its
founders, Jan worked as a lecturer at the University of
Amsterdam in the Department of Legal Theory and
Philosophy. He was a Professor of Media Law at the
University of Utrecht. Jan has written several books and
numerous articles and studies in the field of
information law, notably on advertising and unfair
competition law, broadcasting law, copyright, trademark
and privacy law. He is a Board Member of the Board of the
Dutch Society on Advertising Law, editor-in-chief of a
forthcoming online edition of advertising law, chairman
of some arbitration commissions in the field of privacy
and of media law and of counsel at the Amsterdam Office
of DLA Piper Lawyers. He still lectures at the
University of Amsterdam in special courses on
Advertising Law (2010) and Privacy Law (2011).
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Publications
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(with M. Antic, A.
Lagemaat, B. van der Sloot
& M. van Stekelenburg)
To what
extent should on-line intermediaries (such as ISPs and
operators of online market places) be responsible for
the control or prohibition of unfair competitive
practices (in particular sales of products contrary to
the law) carried out on their systems?,
Dutch Report for the LIDC Congress in Oxford (22-24
September 2011).
See also the adopted
resolution (24/09/2011).
See also the
international report by T. Cook.
29.07.2011
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| (with F. Alleweldt et al.) Misleading Practices of 'Directory Companies' in the Context of Current and Future Internal Market Legislation Aimed at the Protection of Consumers and SMEs', requested by the European Parliament's committee on Internal Market
and Consumer Protection, October 2008.
28.04.2009
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‘Audiovisual Media Services
and the Unfair Commercial
Practices Directive’, IRIS plus (Supplement to IRIS - Legal Observations of the European Audiovisual Observatory), 2008-8, p. 2-8.
18.09.2008
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(with F.
Henning-Bodewig),
Should
the objectives of the rules on unfair competition be te
protection of competitors, or consumers, or of other
interests? How should any conflict between these
objectives be resolved? International Report for the
LIDC Amsterdam Congress on Competition Law, 5-7 October
2006.
The European
Directive 2005/29/EC on unfair commercial practices of
May 11, 2005 regulates exclusively unfair commercial
practices which are directly related to influencing a
transactional decision of end-consumers and excludes
all practices that are neither directed to
end-consumers, nor directly influencing a
transactional decision of consumers. Misleading
advertising, for instance, is now judged on the basis
of two different sets of regulation: the new Directive
2005/29/EC deals with "B2C"-advertising,
while "B2B"-advertising has to comply with
Directive 84/450/EEC. This international report, based
upon contributions from eleven countries, is devoted
to the question whether there are a priori two
different standards for assessing unfair commercial
practices. Is there one standard for consumers and
another one for competitors? On the other hand, are
the interests of all market participants too
intertwined to allow different standards of fairness?
More generally: Should the rules on unfair competition
focus on the act as such - which, of course, must be
seen against the background of alle circumstances,
especially the target group - or should they focus
primarily on the protection of the end-consumer or of
competitors?
24.05.2007
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(with S.
Gorini), Broadcasters'
obligation to invest in (cinematographic) film: The
Netherlands, Amsterdam, 2005.
The public
broadcasting organisations in the Netherlands play a
fundamental part with respect to the production of
cinematographic films, produced by the Dutch film
industry. These organisations are involved in the
production of virtually all films of this kind.
Participation in cinematographic production takes
place on a voluntary basis and, as from 2005, the
public broadcasters have announced the adoption of a
streamlined film policy which will cover their
coordinated investments in cinematographic feature
films. The contribution of public broadcasters takes
the form of direct investment in film productions. In
addition, funding institutions (CoBO and STIFO) exist
which are specifically aimed at supporting projects
involving a public broadcasting organisation. Although
commercial broadcasting organistions have hitherto
played a negligible role in this respect, the main
commercial broadcaster in the Netherlands, RTL
Nederland, has also recently adopted a voluntary
policy of investment in cinematographic films.
25.01.2006
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‘Swings
on the Horizontal. The search for Consistency In
European Advertising law’, Iris Plus
2003-8, p. 2-8.
22.10.2003
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‘Spam:
A Terminal Threat to ISPs? The legal position of ISPs
concerning their Anti-Spam Policies in the EU after the
Privacy & Telecom Directive’, Computer Law
Review International voortz. van Computer und
Recht International, 2003-1, p. 1-5.
17.09.2003
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| ‘Commercial
communications’, in: Study on Consumer Law and
the Information Society, Amsterdam:
PriceWaterHouseCoopers (2000), p. 22-38.
01.09.2001
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‘Commercialisation
of cinema films and tv films. Legal issues’, Tolley's
Communications Law Journal 1997/4.
Legal issues and
practice of financing of cinema and tv films by third
parties.
13.11.1998
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| ‘Transborder
Advertising and Unfair competition: Country of Origin v.
Country of Destination? Clarification of the Resolution
of the International League of Competition Law’,
in: Eenvormig en vergelijkend privaatrecht 1994,
Molengrafica, Koninklijke Vermande BV, Lelystad 1994, p.
285-301.
01.09.2001
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Updated
27.09.2011
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