Unfair Competition Law: The Protection of Intellectual and Industrial Creativity

Hardcover | October 1, 1997

byAnselm Kamperman SandersAs told byAnselm Kamperman Sanders

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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, littleattention 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 currentregimes 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, andexamines the themes of economic justification, shaping legal boundaries, finding a legal justification, practical application, and harmonization of national laws.

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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, littleattention has been given to the varying legal a...

Dr Kamperman Sanders is a lecturer in the Faculty of Law at the Rijksuniversiteit Limburg in Maastricht.
Format:HardcoverDimensions:258 pages, 9.21 × 6.14 × 0.71 inPublished:October 1, 1997Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:0198764871

ISBN - 13:9780198764878

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Table of Contents

Introduction1. Unfair Competition, Its Legal Basis2. Making the General Clause Specific3. The Economics of Preemption and the Abuse of a Dominant Position4. Shaping a New Action; Malign Competition5. Cognisance in Malign Competition6. Cognisance in Intellectual Property Law7. Malign Competition: Action and RemedyConclusion