By Rogier W. De Vrey
The most target of this publication is to debate the kingdom of unfair pageant legislation within the eu Union. during this recognize, some of the efforts which were made long ago to return to harmonization of this sector of legislation and the explanations that they have been merely in part winning are reviewed. moreover, the overseas and eu laws that seek advice from unfair festival, like, e.g., the Paris conference, the journeys and the new 2004 Unfair advertisement Practices Directive are mentioned. additionally an outline is given of the unfair pageant legislation within the uk, Germany and the Netherlands with appreciate to the ‘problem-areas’ of slavish imitation, deceptive ads, denigrating one’s competitor, exchange secrets and techniques and eventually, misappropriation of priceless alternate resources. Unfair pageant legislations is usually thought of a part of highbrow estate legislation. not just the relation of unfair pageant legislation to highbrow estate legislation are for that reason a part of the dialogue but additionally the parts of patron security legislations (since unfair pageant legislation is in part oriented in the direction of customer defense) and festival (as an fiscal notion) is the subject of thorough evaluate.
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Additional info for Towards a European Unfair Competition Law: A Clash Between Legal Families (Intellectual Property Law Library, 1)
This is most indicative by the omission of any rules on the enforcement of these Provisions for the consumer. 54 Nonetheless, the Model Provisions are, to some extent, an improvement on or at least an extension to Article 10bis of the Paris Convention. ) that is contrary to honest practices’. Secondly, while the Paris Convention, as we have seen, provides for the obligation to ensure appropriate legal remedies to repress all the acts referred to in Article 10bis, the Model Provisions leave room for the expansion of this notion.
As stated above, the divergences in national law may hinder a competitor who seeks to adopt an international marketing strategy, while at the same time form an obstacle to the consumer who seeks redress when he encounters a problem while shopping abroad. There is a need for European harmonisation, however only if processed in the form of a coherent approach using an integrated concept that provides for the protection of competitors, consumers as well as the public interest. 5 as well, no complete harmonisation has been attained in the field of unfair competition law.
49 See supra 48, p. 6. The Model Provisions explicitly refer to the Paris Convention as well as the TRIPs Agreement. The relationship between the WIPO and the WTO is, in this respect, not completely clear. In December 1995, the WIPO and the WTO concluded an Agreement that provides for inter alia the availability of legal-technical assistance by the two Organizations to developing countries relating to the TRIPS Agreement. WIPO received a mandate to assist countries in the TRIPs implementation. WIPO's legislative advice to these countries is provided on the basis of WIPO's basic draft laws which are reviewed and updated by WIPO to take into account developments in the field of intellectual property.