The Protection of Person Declared by Assistance under Unfair Competition Law: Comparative Study of German Act against Unfair Competition, Eu Directive of Unfair Practices and Act of Fair Trade of Taiwan

The person declared as assisted person is also a participator in the market activities, while it is necessary for his daily life according to his age and status. But due to the mental and intellectual disorder the person with this character obviously has not sufficient ability of express and judgment. Therefore he is influenced by the unfair practices of the undertaking, especially the misleading, coercion, and harassment. As the new styles of transaction and media arise, this kind of mental and intellectual insufficiency should be bought into considerations in order to prevent him from harm owing to the new technology and transaction style. Therefore the protection of the person declared as assisted person under the unfair competition law is an essential topic to research and review. This research explores the reason that he is harmed from the unfair competition practices and the way to protect him. This will be helpful to decide the legal and illegal criteria in each commercial practice. The special provisions to protect the person of mental disorder in the recently reversed German Act against Unfair Competition and in the EU 2005/29 Unfair Commercial Practices Directive are examined in this research.