International Handbook on Unfair Competition PDF Download
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Author: Frauke Henning-Bodewig
Publisher: Hart Publishing Limited
ISBN: 9783406633102
Category : Competition, International
Languages : en
Pages : 653
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Book Description
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.
Author: Frauke Henning-Bodewig
Publisher: Hart Publishing Limited
ISBN: 9783406633102
Category : Competition, International
Languages : en
Pages : 653
Get Book Here
Book Description
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.
Author: American Bar Association. Section of Antitrust Law
Publisher: American Bar Association
ISBN: 9781590316535
Category : Law
Languages : en
Pages : 420
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Book Description
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.
Author: Christian Riffel
Publisher: BRILL
ISBN: 9004313478
Category : Business & Economics
Languages : en
Pages : 397
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Book Description
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.
Author: Frauke Henning-Bodewig
Publisher: Kluwer Law International B.V.
ISBN: 9041123296
Category : Law
Languages : en
Pages : 274
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Book Description
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.
Author: Tanya Aplin
Publisher: Edward Elgar Publishing
ISBN: 1785368346
Category : Law
Languages : en
Pages : 607
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Book Description
This Handbook provides a scholarly and comprehensive account of the multiple converging challenges that digital technologies present for intellectual property (IP) rights, from the perspectives of international, EU and US law. Despite the fast-moving nature of digital technology, this Handbook provides profound reflections on the underlying normative legal dilemmas, identifying future problems and suggesting how digital IP issues should be dealt with in the future.
Author: Geraint G. Howells
Publisher: Edward Elgar Publishing
ISBN: 1849806314
Category : Law
Languages : en
Pages : 603
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Book Description
This is a truly international effort, and one with a strong commitment to human rights by the highly reputable authors coming from different jurisdictions! The many facets of today s consumer law are presented to the reader, including developing countries a fascinating effort in a dynamically emerging field of law! We are comprehensively informed about such bread and butter areas as advertising, unfair terms, consumer guarantees, product safety and liability, consumer credit, and redress. But traditional consumer law concepts and remedies are facing challenges in more complex areas, like services of general internet where consumers and private users should enjoy equal access to universal services , with the internet where speed must not be a pretext to eliminate standards of fair dealing, with risky investment services under the problematic paradigm shift from investor protection to investor confidence . A book to read, to think about, to work with for everybody interested in the future of consumer markets and law in a time of economic crisis! Norbert Reich, University of Bremen, Germany This is a richly interesting collection of essays, written by leading names in the field. It offers a thoroughly reliable survey of key tensions and challenges in modern consumer law and brilliantly combines thematic overview with detailed analysis. It will stimulate comparative thinking, it will provide a source of information and it will be welcomed by consumer law scholars all over the world. Stephen Weatherill, University of Oxford, UK Consumer law and policy has emerged in the last half-century as a major policy concern for all nations. This Handbook of original contributions provides an international and comparative analysis of central issues in consumer law and policy in developed and developing economies. The Handbook encompasses questions of both social policy and effective business regulation. Many of the issues are common to all countries and are becoming increasingly globalised due to the growth in international trade and technological developments such as the Internet. The authors provide a broad coverage of both substantive topics and institutional questions concerning optimal approaches to enforcement and the role of class actions in consumer policy. It also includes comparative insights into the influential EU and US models of consumer law and relates consumer law to contemporary trends in human rights law. Written by a carefully selected group of international experts, this text represents an authoritative resource for understanding contemporary and future developments in consumer law. This Handbook will provide students, researchers and policymakers with an insight to the main policy debates in each context and provide models of legal regulation to assist in the evaluation of laws and the development of consumer law and policy.
Author: Reto Hilty
Publisher: Springer Science & Business Media
ISBN: 3540718826
Category : Law
Languages : en
Pages : 274
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Book Description
This book examines the present state of harmonization of unfair competition law in Europe. It discusses the particular approach to unfair competition law in the 10 new Member States and the possible impact on the future development of European unfair competition law. The book presents new insight in the importance of unfair competition law, especially in countries with a developing market economy.
Author: P. Bianchi
Publisher: Edward Elgar Publishing
ISBN: 1847201547
Category : Political Science
Languages : en
Pages : 487
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Book Description
This timely and much-needed Handbook reconsiders an old topic from a fresh perspective, raising a number of new, interesting and worthwhile issues in the wake of ten years of globalization. This comprehensive analysis illustrates that old-style industrial policies whereby the government directly intervened in markets, and was often the producer itself, are no longer relevant. Structural changes occurring in economies summarized in the term globalization are triggering the definition and implementation of new industrial policies. The contributors, leading experts in their field, unite to evaluate this shift of over a decade ago. Employing various empirical and methodological approaches with a strong theoretical underpinning, this world-wide study of the state-of-the-art of industrial policy issues is an invaluable reference tool. It has been enthusiastically received by a wide-ranging audience including scholars, researchers and policy makers with an interest in industrial economics and policy, business studies and policies for growth, competitiveness and development.
Author: Matthias Artzt
Publisher: Kluwer Law International B.V.
ISBN: 9403508388
Category : Law
Languages : en
Pages : 672
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Book Description
In recent years, the field of Artificial Intelligence (AI) has seen remarkable advances, revolutionizing how we live, work, and interact with technology. As AI systems grow increasingly sophisticated and autonomous, they raise new and challenging legal questions, particularly regarding AI-specific risks associated with automated systems. This indispensable handbook, written in clear language by international experts from all over the world, sheds light on the complex relationship between AI and the law, covering both existing laws and emerging AI-specific legal regulations. Beginning with a comprehensive and insightful technical analysis of how AI works, subsequent chapters cover a wide array of legal fields relevant to AI technology focusing on the legal framework in the EU, including the following topics: the EU AI Act; AI-Specific Liability and Product Safety; Data Protection; Data Law; Intellectual Property; Contracting; Antitrust; Criminal Law; Cybersecurity; Employment Law; and Legal Tech. The book concludes with country reports on the legal and regulatory environment in the United Kingdom, the United States, China, and Japan, contrasting them with the EU legal framework. Each chapter offers practical advice for implementing legal principles, making the handbook a valuable resource for real-world applications. It is an essential guide for practitioners, policymakers, academics, and others seeking a deep understanding of the complex legal challenges posed by AI use. The handbook aids in responsible and trustworthy AI development and use by guiding decision-making, reducing risks, and protecting the rights and well-being of individuals and society.
Author: Noam Shemtov
Publisher: Oxford University Press
ISBN: 0191026174
Category : Law
Languages : en
Pages : 289
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Book Description
Although the law on infringement is relatively straightforward in relation to the copying of literal and textual elements of software, it is the copying of non-literal and functional elements that poses complex and topical questions in the context of intellectual property (IP) protection. In many cases, it is these non-literal and functional elements that contain the real value of a software product. This book concerns the copying of non-literal and functional elements of software in both the United States and European Union, using a holistic approach to address the most topical questions facing experts concerned with legal protection of software products across a range of technological platforms. The book focuses on six distinct but interrelated areas: contract, copyright, patents, trade-dress, designs and trade secrets, discussing these areas separately and in relation to one another. The book discusses software as a multilayered functional product, setting the scene for other legal discussions by highlighting software's unique characteristics. It examines models for the provision of software, addressing licensing patterns and overall enforceability, as well as the statutory and judicial tools for regulating the use of such licences. It assesses the protection of non-literal and functional software elements under EU and US laws, focusing on internal architecture, interfaces, behavioural elements and GUIs.
