Implications of the German Unfair Competition Prevention Act for our legal system

2021 ◽  
Vol 37 (2) ◽  
pp. 155-181
Author(s):  
Wan-Tae Kim ◽  
Seunghun Ryu
Keyword(s):  
Legal System ◽  
Unfair Competition ◽  
Prevention Act

scholarly journals Valores jurídicos en la Regulación Penal de la Competencia Desleal en Ecuador

2021 ◽  
Vol 39 (69) ◽  
pp. 21-41
Author(s):  
Jorge Núñez Grijalva
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Common Good ◽  
The State ◽  
Unfair Competition ◽  
Real Problem ◽  
Apparent Absence ◽  
The Common Good ◽  
The Common ◽  
Legal Security

In all areas of the legal world there are higher aspirations, which represent legal values to be protected, like the justice, the common good and legal security stand out. The present work was proposed to analyze if the Ecuadorian Legislator, in its process of construction and promulgation of the criminal law regulating against the unfair competition, incorporated these three values into it. Regrettably, the results show an apparent absence of the three legal values in criminal law, leaving legal operators at a disadvantage in view of the need to control this type of crime and society, awaiting compliance. Through an exercise of legal hermeneutics, the study starts from a real problem in the Ecuadorian legal system of the criminal law against of the unfair competition, which demands to be discussed in the search for the State to take the necessary measures to solve this problem.

Stone Roots, Digital Leaves: Czech Law against Unfair Competition in the Internet Era

2008 ◽  
Vol 33 (2) ◽  
pp. 155-180 ◽  
Author(s):  
Radim Polčák
Keyword(s):  
Legal System ◽  
Case Law ◽  
Unfair Competition ◽  
The Internet ◽  
Business Practices ◽  
Black Letter ◽  
The Law ◽  
Legislative Changes ◽  
Further Development

AbstractThe law against unfair competition is traditionally understood in countries of the Alpine legal system as extraordinary and unconventional. Unlike other legal disciplines, it does not rely on black-letter law; it is less formal and less legislatively elaborative in detail. Thus, progress and development in this area is not a matter for the legislator but for broad practically-driven doctrinal work connected to contemporary case law. When the Internet brought new opportunities in the development of business ventures, Czech law against unfair competition did not react with legislative changes but by the further development of standard interpretational patterns. In this article, we will briefly describe the grounds as well as recent related developments in the Czech law against unfair competition connected to unfair business practices on the Internet.

scholarly journals O regime jurídico dos segredos comerciais no novo Código da Propriedade Industrial

2019 ◽  
pp. 11-41
Author(s):  
Ana Clara Azevedo de Amorim
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Unfair Competition ◽  
Trade Secrets ◽  
Industrial Property ◽  
National Courts ◽  
General Clause ◽  
National Legal System ◽  
Scope Of Application ◽  
Principle Of Proportionality

The new Industrial Property Code transposed the Trade Secrets Directive into the national legal system, creating an autonomous legal framework regarding unfair competition. Although the scope of application has been extended, according to the removal of competitive relationship, trade secrets protection is still based on a general clause related to honest commercial practices. The value dimension of the legal framework is also reinforced by the principle of proportionality, which is expressed in particular by the introduction of a relevance clause and by in the discretion assigned to the national courts to weigh a set of interests.

Japan (‘.jp’)

2015 ◽  
Author(s):  
Makoto Hattori ◽  
Nodoka Nakamura
Keyword(s):  
Unfair Competition ◽  
Commercial Code ◽  
Prevention Act ◽  
Japanese Law

Two types of trademarks are protected under Japanese law: (1) trade and service marks, protected by the Trademark Act and the Unfair Competition Prevention Act1 (hereinafter the UCA); and (2) business names, protected by the Companies Act, the Commercial Code, and the UCA.

Nintendo v. MariCar: is street kart rental business free riding on the popular video game characters prohibited in Japan?

2019 ◽  
Vol 2 (1) ◽  
pp. 50-54
Author(s):  
Makoto Shimada
Keyword(s):  
Common Sense ◽  
Video Game ◽  
Free Riding ◽  
Unfair Competition ◽  
Patent Office ◽  
Case Review ◽  
Legal Basis ◽  
Prevention Act ◽  
Intellectual Properties

You must not make a profit by using a well-known character belonging to someone else without licence. This is a commercial common sense, but a question is on what legal basis such an activity is banned? A character business may involve various intellectual properties, including copyright, trademark, design rights, etc., however, none of these IP rights is directly aimed at protecting characters. Besides, trademarks and design rights shall not take effect unless they are registered at the Patent Office, and characters are not always copyrightable. In several cases, Japanese courts suggest that the Unfair Competition Prevention Act of Japan takes a certain role to protect characters. This case review examines a recent judgment in the case, which deals with the application of this Act for the prevention of free riding on the video game characters.

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