Exploring the elusive concept of unfair competition, this timely Research Handbook evaluates the similarities and differences between various common and civil law concepts. Expert scholars from Australia, Europe, and the US situate unfair competition within a broad framework, highlighting the institutional, doctrinal, methodological and political forces that help to build common ground.
The Research Handbook first clarifies the concept of unfair competition by discussing fundamental and methodological issues, such as the international law framework, the historical development and conflict of laws issues. It then moves on to explore the concept across specific fields of unfair competition law, including: passing off, injurious falsehood, obstruction, and misleading and comparative advertising. Chapters highlight the importance of attending to the broader intellectual property ecosystem in which unfair competition operates. It also evaluates the field against its relationship to other bodies of law, most notably trademark law, antitrust or competition law, and consumer protection law.
The Research Handbook on Unfair Competition and Passing Off is an essential read for scholars, practitioners, and policymakers in the fields of unfair competition, trademark, and intellectual property law.
