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Vol 22 No 3 March/April 2017

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Simon Mortimore
Price: £225.00

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The System of Unfair Competition Prevention in Japan

ISBN13: 9789041198372
ISBN: 9041198377
Published: April 2001
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £141.00

Despatched in 11 to 13 days.

This is an in-depth treatment in English of Japanese law and practice governing unfair competition. The author analyzes the interaction of the relevant laws - and the case law derived from each - to present a systematic description of how business reputation, trade secrets, well-known marks, and other aspects of business achievement and investment are protected against undue exploitation in Japan.

Prohibited acts of unfair competition covered include: misappropriation by confusion or passing-off; misappropriation through breach of trust or fiduciary duty; slavish imitation of distinct product features; trade mark piracy; tortious acts of denigration, libel, and slander; direct interference by, e.g., boycott or bribery; undue exercise of intellectual property rights; and misleading indications on goods and services (e.g., of geographical origin).

Several problematic areas - in particular, the obstacles to effective enforcement, and the lack of adequate protection for consumers against acts of unfair competition - are given particular emphasis.

The book concludes with cogent proposals on how the Japanese system could be improved and developed, referring to the model provisions of the World Intellectual Property Organization and offering a new and original draft of the Unfair Competition Act. Any business person or investor interested in the Japanese market should benefit enormously from this practical and insightful volume.

Preface.; 1. Historical Overview.; 2. Protection Against ""All Acts"" of Unfair Competition.; 3. Misappropriation of Commercial Achievements. ;4. Acts Designed to Interfere Unreasonably with a Competitor's Business. ;5. Misleading Indications.; 6. Enforcement and Legal Remedies. ;7. Towards a Comprehensive System of Unfair Competition Prevention; Summary.; Appendix of Legal Statutes.; Case List.; Index.