International Handbook on Unfair Competition

International Handbook on Unfair Competition

Author: Frauke Henning-Bodewig

Publisher: Hart Publishing Limited

Published: 2013-01

Total Pages: 653

ISBN-13: 9783406633102

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Written by a worldwide team of experts, this book surveys and comments on the unfair competition laws of the world's leading economic powers. Following a standard pattern, each chapter introduces the reader to the latest developments in each jurisdiction, highlighting the ways in which the basic legislation and case law relates to enforcement issues, and how unfair competition laws fit with wider considerations of consumer protection and within prevailing intellectual property and competition law frameworks. Each of the country reports follows the same standard structure, which includes: background and general approach to unfair competition law * legal basis of unfair competition law and relations to neighboring areas of law * general considerations * general clause against unfair competition * marketing * protection of competitors against unfair trade practices * specific protection of consumers against unfair trade practices * enforcement. The country reports cover the following countries: Australia, Austria, Brazil, Canada, China, France, Germany, Hungary, India, Italy, Japan, Lithuania, Netherlands, Poland, Spain, South Africa, Sweden, Switzerland, Turkey, the UK, and the US.


Book Synopsis International Handbook on Unfair Competition by : Frauke Henning-Bodewig

Download or read book International Handbook on Unfair Competition written by Frauke Henning-Bodewig and published by Hart Publishing Limited. This book was released on 2013-01 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a worldwide team of experts, this book surveys and comments on the unfair competition laws of the world's leading economic powers. Following a standard pattern, each chapter introduces the reader to the latest developments in each jurisdiction, highlighting the ways in which the basic legislation and case law relates to enforcement issues, and how unfair competition laws fit with wider considerations of consumer protection and within prevailing intellectual property and competition law frameworks. Each of the country reports follows the same standard structure, which includes: background and general approach to unfair competition law * legal basis of unfair competition law and relations to neighboring areas of law * general considerations * general clause against unfair competition * marketing * protection of competitors against unfair trade practices * specific protection of consumers against unfair trade practices * enforcement. The country reports cover the following countries: Australia, Austria, Brazil, Canada, China, France, Germany, Hungary, India, Italy, Japan, Lithuania, Netherlands, Poland, Spain, South Africa, Sweden, Switzerland, Turkey, the UK, and the US.


Book Review

Book Review

Author: Burton Ong

Publisher:

Published: 2014

Total Pages: 12

ISBN-13:

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The law of unfair competition stands at the intersection between several spheres of law: these include tort law, antitrust law, intellectual property law, consumer protection law and various statutory regimes regulating specific areas of commercial conduct. Given the divergence between the legal traditions of different legal systems, particularly between the common law and civil law based jurisdictions, the organisational structure of this area of the law varies dramatically from country to country. The scope of unfair competition encompasses areas of conduct as diverse as product design, sales, advertising, marketing and other commercial dealings with a trader's competitors, customers, and parties upstream or downstream from the business. While all these legal systems recognise the importance of regulating the behaviour of traders in the marketplace to ensure compliance with their respective thical norms of fair conduct and honesty, their individual approaches towards responding to these issues depend very much upon the architecture of their respective legal regimes.


Book Synopsis Book Review by : Burton Ong

Download or read book Book Review written by Burton Ong and published by . This book was released on 2014 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of unfair competition stands at the intersection between several spheres of law: these include tort law, antitrust law, intellectual property law, consumer protection law and various statutory regimes regulating specific areas of commercial conduct. Given the divergence between the legal traditions of different legal systems, particularly between the common law and civil law based jurisdictions, the organisational structure of this area of the law varies dramatically from country to country. The scope of unfair competition encompasses areas of conduct as diverse as product design, sales, advertising, marketing and other commercial dealings with a trader's competitors, customers, and parties upstream or downstream from the business. While all these legal systems recognise the importance of regulating the behaviour of traders in the marketplace to ensure compliance with their respective thical norms of fair conduct and honesty, their individual approaches towards responding to these issues depend very much upon the architecture of their respective legal regimes.


Unfair Competition Law

Unfair Competition Law

Author: Frauke Henning-Bodewig

Publisher: Kluwer Law International B.V.

Published: 2006-01-01

Total Pages: 274

ISBN-13: 9041123296

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The book delineates, with extraordinary clarity and precision, the working of unfair competition law throughout the European Union. Its four comprehensive chapters encompass: basic considerations of definition, subject matter, enforcement, and applicable law: international provisions under the Paris convention, TRIPS, and WIPO model law; analysis of relevant EC directives and regulations and ECJ jurisprudence; and extensive discussions of the national unfair competition laws of all 25 Member States. For each Member State, specific topics covered include such considerations as the following: sources of law; competition law in a nutshell; regulation of advertising; direct marketing; sales promotion; risk of confusion; disparagement, defamation; misappropriation, imitation; impediment of competitors; and breach of the law. The author also provides a selected bibliography of sources for each country. It would be difficult to find a more useful analysis of European Unfair Competition Law than this systematic study. It is practical, thorough, clarifying, and readable, all at the same time. The author untangles the most complex of apparent contradictions with impressive skill. Copies of this book will quickly take their places on the working shelves of interested practitioners, academics, and officials throughout Europe.


Book Synopsis Unfair Competition Law by : Frauke Henning-Bodewig

Download or read book Unfair Competition Law written by Frauke Henning-Bodewig and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book delineates, with extraordinary clarity and precision, the working of unfair competition law throughout the European Union. Its four comprehensive chapters encompass: basic considerations of definition, subject matter, enforcement, and applicable law: international provisions under the Paris convention, TRIPS, and WIPO model law; analysis of relevant EC directives and regulations and ECJ jurisprudence; and extensive discussions of the national unfair competition laws of all 25 Member States. For each Member State, specific topics covered include such considerations as the following: sources of law; competition law in a nutshell; regulation of advertising; direct marketing; sales promotion; risk of confusion; disparagement, defamation; misappropriation, imitation; impediment of competitors; and breach of the law. The author also provides a selected bibliography of sources for each country. It would be difficult to find a more useful analysis of European Unfair Competition Law than this systematic study. It is practical, thorough, clarifying, and readable, all at the same time. The author untangles the most complex of apparent contradictions with impressive skill. Copies of this book will quickly take their places on the working shelves of interested practitioners, academics, and officials throughout Europe.


The International Handbook of Competition

The International Handbook of Competition

Author: Manfred Neumann

Publisher: Edward Elgar Publishing

Published: 2013

Total Pages: 415

ISBN-13: 9781849802680

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The book aims to further our understanding of how economic reasoning and legal expertise complement each other in defining the fundamental issues and principles in competition policy. In specially commissioned chapters the book provides a scholarly review


Book Synopsis The International Handbook of Competition by : Manfred Neumann

Download or read book The International Handbook of Competition written by Manfred Neumann and published by Edward Elgar Publishing. This book was released on 2013 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book aims to further our understanding of how economic reasoning and legal expertise complement each other in defining the fundamental issues and principles in competition policy. In specially commissioned chapters the book provides a scholarly review


The International Handbook on Private Enforcement of Competition Law

The International Handbook on Private Enforcement of Competition Law

Author: Albert A. Foer

Publisher: Edward Elgar Pub

Published: 2010

Total Pages: 637

ISBN-13: 9781848448773

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'This comprehensive and well written volume surveys the private enforcement provisions of virtually every country in the world that has a competition law recognizing private actions. It is a first-of-its-kind, incredibly valuable undertaking. In addition to individual country surveys this book includes valuable comparative studies of private enforcement as well as theoretical and empirical analysis of its effects. Every competition lawyer with a multinational practice will benefit from owning it.' - Herbert Hovenkamp, University of Iowa, US


Book Synopsis The International Handbook on Private Enforcement of Competition Law by : Albert A. Foer

Download or read book The International Handbook on Private Enforcement of Competition Law written by Albert A. Foer and published by Edward Elgar Pub. This book was released on 2010 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This comprehensive and well written volume surveys the private enforcement provisions of virtually every country in the world that has a competition law recognizing private actions. It is a first-of-its-kind, incredibly valuable undertaking. In addition to individual country surveys this book includes valuable comparative studies of private enforcement as well as theoretical and empirical analysis of its effects. Every competition lawyer with a multinational practice will benefit from owning it.' - Herbert Hovenkamp, University of Iowa, US


Trademarks and Unfair Competition

Trademarks and Unfair Competition

Author: Graeme B. Dinwoodie

Publisher: Aspen Publishing

Published: 2018-08-27

Total Pages: 1584

ISBN-13: 1543803024

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The many strands of trademark and unfair competition doctrine are organized into a coherent conceptual framework consisting of a brief examination of foundational concepts, followed by thorough treatments of the law on (1) the creation of trademark rights; and (2) the scope & enforcement of trademark rights and some related causes of action. The traditional case-and-note format is enhanced by problems that help students understand intricate key topics. Trademarks and Unfair Competition features many issues related to online commerce, such as cybersquatting, keyword advertising, the relationship between trademarks and domain names, and the potential secondary liability of online auction websites such as eBay. International as well as domestic issues are thoroughly explored. Comprehensive coverage of trade dress protection is integrated with issues of word mark protection. New to the 5th Edition: the Tam and Brunetti decisions striking down the scandalousness and disparagement bars to registration extensive coverage of recent case developments on expressive uses of marks in political and artistic contexts the Belmora decision on well-known marks and developments on extraterritorial application of the Lanham Act Key Features: coherent conceptual framework clearly delineating creation of rights and enforcement of rights issues traditional case-and-note format, enhanced by problems thorough coverage of trademark issues arising in online commerce integrated coverage of international and domestic doctrine thorough treatment of trade dress protection, integrated with issues of word mark protection


Book Synopsis Trademarks and Unfair Competition by : Graeme B. Dinwoodie

Download or read book Trademarks and Unfair Competition written by Graeme B. Dinwoodie and published by Aspen Publishing. This book was released on 2018-08-27 with total page 1584 pages. Available in PDF, EPUB and Kindle. Book excerpt: The many strands of trademark and unfair competition doctrine are organized into a coherent conceptual framework consisting of a brief examination of foundational concepts, followed by thorough treatments of the law on (1) the creation of trademark rights; and (2) the scope & enforcement of trademark rights and some related causes of action. The traditional case-and-note format is enhanced by problems that help students understand intricate key topics. Trademarks and Unfair Competition features many issues related to online commerce, such as cybersquatting, keyword advertising, the relationship between trademarks and domain names, and the potential secondary liability of online auction websites such as eBay. International as well as domestic issues are thoroughly explored. Comprehensive coverage of trade dress protection is integrated with issues of word mark protection. New to the 5th Edition: the Tam and Brunetti decisions striking down the scandalousness and disparagement bars to registration extensive coverage of recent case developments on expressive uses of marks in political and artistic contexts the Belmora decision on well-known marks and developments on extraterritorial application of the Lanham Act Key Features: coherent conceptual framework clearly delineating creation of rights and enforcement of rights issues traditional case-and-note format, enhanced by problems thorough coverage of trademark issues arising in online commerce integrated coverage of international and domestic doctrine thorough treatment of trade dress protection, integrated with issues of word mark protection


Unfair Competition in Private International Law

Unfair Competition in Private International Law

Author: Adair Dyer

Publisher:

Published: 1988

Total Pages: 69

ISBN-13:

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Book Synopsis Unfair Competition in Private International Law by : Adair Dyer

Download or read book Unfair Competition in Private International Law written by Adair Dyer and published by . This book was released on 1988 with total page 69 pages. Available in PDF, EPUB and Kindle. Book excerpt:


United States Competition Law with respect to Unfair Trade Practices

United States Competition Law with respect to Unfair Trade Practices

Author: Philipp Rosenauer

Publisher: GRIN Verlag

Published: 2011-05-23

Total Pages: 38

ISBN-13: 3640922786

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Bachelor Thesis from the year 2010 in the subject Business economics - Law, grade: 1, University of Linz, course: Bachelorseminar, language: English, abstract: According to Black’s Law dictionary, competition is the struggle for commercial advantage. The efforts taken of companies to achieve the respective commercial advantages can be – especially in a free market economy – ample. Let's illustrate this fact by the following examples: Suppose that a automobile manufacturer, incensed by a car magazine’s constant ridicule of its cars, launches a rival magazine with a similar name and layout, copies the other paper's stories,lures away the employees, advertisers and subscribers of the other magazine by offering them higher wages and lower advertising and subscribing rates and finally succeeds in running its critical opponent out of business. Has the automobile manufacturer engaged in any unfair trade practices for which the owners of the car magazine may seek legal remedy? Or has the manufacturer acted in a permissible way to the magazine’s attack? Furthermore, could the magazine be said to have engaged in an unfair trade practice by permanently ridiculing the cars and its manufacturer2? How can a merger between two or more businesses which are on the same market level and which manufacture similar products in the same geographic region influence consumers? What if two competitors agree in the artificial setting of prices at a certain level, contrary to the workings of the free market? Do consumers have legal remedies against companies who engage in false advertising or who distribute faulty and dangerous goods? The body of law which deals with these subjects is known as competition law, which can broadly be divided into Consumer Protection Law and unfair trade practices on the one hand and antitrust-law on the other hand. The bachelor thesis at hand takes the reader to a journey through competition law with a special insight into Unfair Trade Practices. After the study of the bachelor thesis the respective reader should be able to generally orientate him- or herself in this highly practice-oriented field of law.


Book Synopsis United States Competition Law with respect to Unfair Trade Practices by : Philipp Rosenauer

Download or read book United States Competition Law with respect to Unfair Trade Practices written by Philipp Rosenauer and published by GRIN Verlag. This book was released on 2011-05-23 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bachelor Thesis from the year 2010 in the subject Business economics - Law, grade: 1, University of Linz, course: Bachelorseminar, language: English, abstract: According to Black’s Law dictionary, competition is the struggle for commercial advantage. The efforts taken of companies to achieve the respective commercial advantages can be – especially in a free market economy – ample. Let's illustrate this fact by the following examples: Suppose that a automobile manufacturer, incensed by a car magazine’s constant ridicule of its cars, launches a rival magazine with a similar name and layout, copies the other paper's stories,lures away the employees, advertisers and subscribers of the other magazine by offering them higher wages and lower advertising and subscribing rates and finally succeeds in running its critical opponent out of business. Has the automobile manufacturer engaged in any unfair trade practices for which the owners of the car magazine may seek legal remedy? Or has the manufacturer acted in a permissible way to the magazine’s attack? Furthermore, could the magazine be said to have engaged in an unfair trade practice by permanently ridiculing the cars and its manufacturer2? How can a merger between two or more businesses which are on the same market level and which manufacture similar products in the same geographic region influence consumers? What if two competitors agree in the artificial setting of prices at a certain level, contrary to the workings of the free market? Do consumers have legal remedies against companies who engage in false advertising or who distribute faulty and dangerous goods? The body of law which deals with these subjects is known as competition law, which can broadly be divided into Consumer Protection Law and unfair trade practices on the one hand and antitrust-law on the other hand. The bachelor thesis at hand takes the reader to a journey through competition law with a special insight into Unfair Trade Practices. After the study of the bachelor thesis the respective reader should be able to generally orientate him- or herself in this highly practice-oriented field of law.


Business Torts and Unfair Competition Handbook

Business Torts and Unfair Competition Handbook

Author: American Bar Association. Section of Antitrust Law

Publisher: American Bar Association

Published: 2006

Total Pages: 420

ISBN-13: 9781590316535

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This book first addresses substantive issues, beginning with the changing role of business torts in antitrust litigation and continuing with the extent to which antitrust concepts have been invoked in business tort litigation (focusing on the competitive privilege and the Noerr-Pennington defense). The next chapter surveys the field of unfair competition, followed by an examination of the business torts of commercial disparagement and defamation. Subsequent chapters address interference torts, the common law and statutory torts of fraud and negligent misrepresentation, the field of misappropriation of trade secrets, and recent developments in the area of punitive damages.


Book Synopsis Business Torts and Unfair Competition Handbook by : American Bar Association. Section of Antitrust Law

Download or read book Business Torts and Unfair Competition Handbook written by American Bar Association. Section of Antitrust Law and published by American Bar Association. This book was released on 2006 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book first addresses substantive issues, beginning with the changing role of business torts in antitrust litigation and continuing with the extent to which antitrust concepts have been invoked in business tort litigation (focusing on the competitive privilege and the Noerr-Pennington defense). The next chapter surveys the field of unfair competition, followed by an examination of the business torts of commercial disparagement and defamation. Subsequent chapters address interference torts, the common law and statutory torts of fraud and negligent misrepresentation, the field of misappropriation of trade secrets, and recent developments in the area of punitive damages.


The Protection against Unfair Competition in the WTO TRIPS Agreement

The Protection against Unfair Competition in the WTO TRIPS Agreement

Author: Christian Riffel

Publisher: BRILL

Published: 2016-06-10

Total Pages: 397

ISBN-13: 9004313478

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In The Protection Against Unfair Competition in the WTO TRIPS Agreement, Christian Riffel offers an account of the potential which Article 10bis of the Paris Convention has for the world trading system. In particular, the author explores what hard law obligations emerge and examines a possible application to unsettled issues, such as core labour standards and traditional knowledge. Article 10bis embodies unfair competition law in a nutshell. The TRIPS Agreement incorporates this Article into the World Trade Organization, thus making unfair competition law a discipline of international trade law. By providing an effective enforcement mechanism against unfair competition, the WTO upholds ‘honest practices’ in the course of trade, alleviating enforcement deficits in other areas of international law.


Book Synopsis The Protection against Unfair Competition in the WTO TRIPS Agreement by : Christian Riffel

Download or read book The Protection against Unfair Competition in the WTO TRIPS Agreement written by Christian Riffel and published by BRILL. This book was released on 2016-06-10 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Protection Against Unfair Competition in the WTO TRIPS Agreement, Christian Riffel offers an account of the potential which Article 10bis of the Paris Convention has for the world trading system. In particular, the author explores what hard law obligations emerge and examines a possible application to unsettled issues, such as core labour standards and traditional knowledge. Article 10bis embodies unfair competition law in a nutshell. The TRIPS Agreement incorporates this Article into the World Trade Organization, thus making unfair competition law a discipline of international trade law. By providing an effective enforcement mechanism against unfair competition, the WTO upholds ‘honest practices’ in the course of trade, alleviating enforcement deficits in other areas of international law.