Week 13

Question 1

1

Answer 1

commercial conduct must be unfair and then again the understanding of fairness is not as you may imagine very precise we may say that this is something which is contrary to generality or commonly accepted standards, requirements of fairness we are always able to give some examples as misleading advertising, spreading rumors about competitors, using someone as trade name, unfair price fixing, sending unsolicited emails, to boycott someone as products and many more activities of the entrepreneurs

Question 2

article 10 bis

Answer 2

1. The countries of the Union are bound to assure to nationals of such countries effective protection agains unfair competition.
2. Any act of competition contrary to honest practices in industrial or commercial matters constitutes an act of unfair competition.
3. The following in particular shall be prohibited:

• 1 All acts of such a nature as to create confusion by any means whatever with the establishment, the goods, or the industrial or commercial activities, of a competitor
• 2 False allegations in the course of trade of such a nature as to discredit the establishment, the goods, or the industrial or commercial activities, of a competitor
• 3 indications or allegations the use of which in the course of trade is liable to mislead the public as to the nature, the manufacturing process, the characteristics, the suitability for their purpose, or the quantity, of the goods.

Question 3

Mogul Steamship Co Ltd v McGregor, Gow & Co (1892) AC25

Answer 3

To draw a line between fair and unfair competition, between what is reasonable and unreasonable, passes the power of the Courts

Question 4

1

Answer 4

For the purposes of this Convention:

For the purposes of this Convention:

(viii) “intellectual property” shall include the right relating to:
- literary, artistic and scientific works
- performances of performing artists, phonograms, and broadcasts
- invention in all fields of human endeavor
- scientific discoveries
- industrial designs

Question 5

1

Answer 5

IPRs:

• Exclusive rights
• property
• object-related protection
• limited time
• clusters of exceptions
• well-established conditions

UC:

• torts
• non-property
• conduct-oriented assessment
• no time limits
• fuzzy grounds of protection

Question 6

q

Answer 6

Consumer interest B2C

• Freedom of decision making
• Truthful information
  prohibition of misleading
  practices
  duties of information
• Other consumer interests
  fair contract terms
  protection of private sphere
  agains unfair marketing

Competitor interest B2B

- Protection of goodwill  
prohibition of denigration
misappropriation 
- Protection of intangible values 
prohibition of unfair 
imitation 
trade secretes 
- Freedom of trade 
prohibition of unlawful 
obstruction/interference 
with contract terms 
obstruction of access to the market