Law Against Unfair Competition Towards a New Paradigm in Europe [Paperback]

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.

Unfair competition law is concerned with fair play in commerce. It is generally regarded as necessary  together with antitrust law  in order to steer competition along an orderly course, and thereby to contribute to promoting an efficient market system that serves the interests of all participants. Nevertheless the significance of unfair competition law varies from one country to another. Whereas in some countries, such as Germany, it is seen as one of the most effective commercial laws, in other countries, such as the United Kingdom, it leads rather a shadowy existence. From the outset, this discrepancy laid in the differences in national legal s- tems. Whilst those continental European countries that possessed a written civil law when instances of unfair competition emerged, more or less successfully attempted to incorporate them in the existing tort law system, protection in the common law countries was restricted to some narrowly defined torts, in particular passing off. At this stage one of the few shared convictions was, that the protection of honest entrepreneurs was at issue; on this basis, in 1900, the only regulation at the int- bis national level until now was enacted, Art. 10 of the Paris Convention.The Law Against Unfair Competition and Its Interfaces.- International Unfair Competition Law.- Protection Against Unfair Competition at the International Level  The Paris Convention, the 1996 Model Provisions and the Current Work of the World Intellectual Property Organisation.- The Law Against Unfair Competition and the EC Treaty.- The ECJlSJ