Book contents
- Transition and Coherence in Intellectual Property Law
- Cambridge Intellectual Property and Information Law
- Transition and Coherence in Intellectual Property Law
- Copyright page
- Contents
- Preface
- Greetings to Annette Kur from the Second Floor
- Annette Kur: Toward Understanding
- Part I Transition
- Part II Coherence
- A Intellectual “Property” and its Limits
- B IP Overlaps
- C (Un-)fairness
- 34 Geographical Indications as Intellectual Property Rights – Beyond Transition and Coherence
- 35 Presence or Absence of Coherence in Trade Identity Protection in the European Union
- 36 Virtue Ethics and Private Law – A Sketch
- 37 Closing the Gap: How EU Law Constrains National Rules Against Imitation
- 38 European Union Law and Slavish Imitation: An Update in Honour of Annette Kur
- 39 The German Misappropriation Origins of Trademark Antidilution Doctrine: A Translation of the 1924 Odol Opinion of the Elberfeld Landgericht
- 40 The Relationship Between the Unfair Competition Regime and IP Law
- 41 Comparative Advertising: Does Trade Mark Law Over- or Under-Protect the Average Consumer? A Couple of Recent Examples of Asian Jurisdictions Going their Own Way
- Conclusion
- Cambridge Intellectual Property and Information Law
40 - The Relationship Between the Unfair Competition Regime and IP Law
from C - (Un-)fairness
Published online by Cambridge University Press: 29 December 2020
Book contents
- Transition and Coherence in Intellectual Property Law
- Cambridge Intellectual Property and Information Law
- Transition and Coherence in Intellectual Property Law
- Copyright page
- Contents
- Preface
- Greetings to Annette Kur from the Second Floor
- Annette Kur: Toward Understanding
- Part I Transition
- Part II Coherence
- A Intellectual “Property” and its Limits
- B IP Overlaps
- C (Un-)fairness
- 34 Geographical Indications as Intellectual Property Rights – Beyond Transition and Coherence
- 35 Presence or Absence of Coherence in Trade Identity Protection in the European Union
- 36 Virtue Ethics and Private Law – A Sketch
- 37 Closing the Gap: How EU Law Constrains National Rules Against Imitation
- 38 European Union Law and Slavish Imitation: An Update in Honour of Annette Kur
- 39 The German Misappropriation Origins of Trademark Antidilution Doctrine: A Translation of the 1924 Odol Opinion of the Elberfeld Landgericht
- 40 The Relationship Between the Unfair Competition Regime and IP Law
- 41 Comparative Advertising: Does Trade Mark Law Over- or Under-Protect the Average Consumer? A Couple of Recent Examples of Asian Jurisdictions Going their Own Way
- Conclusion
- Cambridge Intellectual Property and Information Law
Summary
As known, whereas the EU enacted a European antitrust regime a long time ago, there is no EU regulation of unfair competition (UC)3. Specific statutes only exist in some Member States, such as Germany, Spain and Italy. In others, like the UK, common law principles apply. In France, the homeland of the legal category of unfair competition (and of the term itself: concurrence déloyale), the Courts have applied the general norm on damaging tortious conducts4 since the mid-nineteenth century.
- Type
- Chapter
- Information
- Transition and Coherence in Intellectual Property LawEssays in Honour of Annette Kur, pp. 467 - 477Publisher: Cambridge University PressPrint publication year: 2021