Unfair Competition
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Law Against Unfair Competition
Author: Reto Hilty
language: en
Publisher: Springer Science & Business Media
Release Date: 2007-07-28
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.
Economic Law Reforms in the ASEAN Emerging Economies
This book reviews the periodic changes in the legal policies of the late-developing ASEAN countries, often known as the CLMV countries (Cambodia, Laos, Myanmar, and Vietnam), in their continuous path toward globalization after the collapse of the socialist bloc. The book also identifies the characteristics of the legal reforms in their present stage guided by the common framework under the ASEAN Economic Community (AEC) moving toward 2025. The first stage is illustrated by the ASEAN-style utilization of foreign investments as reflected in all investment laws and policies of CLMV countries in the 1990s, which featured entry control (as “sticks”) and investment incentives (as “carrots”). Those controls and incentives were the means to induce investors to assume various performance requirements to contribute to industrial policies. The second stage witnessed a shift toward enhanced liberalization as an endeavor toward the WTO accession during the 2000s, as seen in the integrated investment laws that appealed for the national treatment of foreign investors. At the same time, those investment laws emphasized the substantive provisions (e.g., fair and equitable treatment and indirect expropriation) and procedural protections (e.g., provision of Investor–State Dispute Resolution mechanisms) as an appeal for stabilization of the investment climate. The third stage of legal policy, as evidenced by the recent amendments to the investment laws, is newly focused on environmental and social considerations, which seems to be an indispensable response to the increasing social protests against the negative impacts of investment promotion. Simultaneously, the means of administrative controls over investors, established in the first stage, are uniquely utilized for the realization of new goals.
The System of Unfair Competition Prevention in Japan
This is the first 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 Unfair Competition Act. Any business person or investor interested in the Japanese market will benefit enormously from this practical and insightful volume.