Law Against Unfair Competition: Towards a New Paradigm in Europe?

ISBN-13: 9783642090967 / Angielski / Miękka / 2010 / 271 str.

Reto Hilty;Frauke Henning-Bodewig

Opis

Unfair competition law is concerned with fair play in commerce. It is generally regarded as necessary together with antitrust law in order to steer competition along an orderly course, and thereby to contribute to promoting an efficient market system that serves the interests of all participants. Nevertheless the significance of unfair competition law varies from one country to another. Whereas in some countries, such as Germany, it is seen as one of the most effective commercial laws, in other countries, such as the United Kingdom, it leads rather a shadowy existence. From the outset, this discrepancy laid in the differences in national legal s- tems. Whilst those continental European countries that possessed a written civil law when instances of unfair competition emerged, more or less successfully attempted to incorporate them in the existing tort law system, protection in the common law countries was restricted to some narrowly defined torts, in particular passing off . At this stage one of the few shared convictions was, that the protection of honest entrepreneurs was at issue; on this basis, in 1900, the only regulation at the int- bis national level until now was enacted, Art. 10 of the Paris Convention."

Spis treści

The Law Against Unfair Competition and Its Interfaces.- International Unfair Competition Law.- Protection Against Unfair Competition at the International Level — The Paris Convention, the 1996 Model Provisions and the Current Work of the World Intellectual Property Organisation.- The Law Against Unfair Competition and the EC Treaty.- The ECJ’s Case Law on Unfair Competition.- Secondary Unfair Competition Law.- The Unfair Commercial Practices Directive.- Belgian Report: Example of an Integrated Approach.- Brief Report on Italian Unfair Competition Law.- The Scandinavian Model of Unfair Competition Law.- Unfair Competition Law in the United Kingdom.- The Legal Framework of Unfair Market Practices in Hungary.- The Law Against Unfair Competition in the Czech Republic.- The Legal Regulation of Unfair Competition in the Slovak Republic.- Unfair Competition Law in Slovenia.- Poland: Unfair Competition Law.- Unfair Competition Law in the Baltic States.