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Unfair Competition Law: The Protection of Intellectual and Industrial Creativity

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ISBN13: 9780198764878
ISBN: 0198764871
Published: September 1998
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £105.00



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This work gives an overview of the current state of the law of unfair competition for the protection of the intellectual creations and industrial assets in the EU, the USA and other major Anglo-American jurisdictions. Despite the growing interest in this area of law in recent years, little attention has been given to the varying legal and economic paradigms that underlie and shape it. This need for a comparative, theoretical examination is heightened by the advent of the information age, coupled with the desire to integrate markets. These developments pose a challenge to the current regimes of intellectual property protection since these are increasingly becoming out of step with the paradigms that shaped the traditional patent, copyright and trademark regimes. In this work, the author explores the alternative to a protective regime based on unfair competition doctrines, and examines the themes of economic justification, shaping legal boundaries, finding a legal justification, practical application, and harmonization of national laws.

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Subjects:
Intellectual Property Law
Contents:
Introduction
1. Unfair Competition, Its Legal Basis
2. Making the General Clause Specific
3. The Economics of Preemption and the Abuse of a Dominant Position
4. Shaping a New Action
Malign Competition
5. Cognisance in Malign Competition
6. Cognisance in Intellectual Property Law
7. Malign Competition: Action and Remedy
Conclusion