Unfair Competition. Secondary Meaning. Use of Family Name to Deceive the Public

1925 ◽  
Vol 38 (3) ◽  
pp. 405
Keyword(s):  
Unfair Competition ◽  
The Public ◽  
Secondary Meaning

Governments and Activities in the Public Interest

2019 ◽  
pp. 154-177
Author(s):  
Sijbren Cnossen
Keyword(s):  
New Zealand ◽  
Private Sector ◽  
Public Interest ◽  
Unfair Competition ◽  
The Self ◽  
African Countries ◽  
The Public ◽  
African Experience ◽  
The Eu

Chapter 11 discusses the EU legacy of taxing public bodies, illustrated by the African experience. The EU’s out-of-scope approach is bedevilled by distortions arising from the self-supply bias, the investment disincentive, and, somewhat more remotely, unfair competition vis-à-vis the private sector. Outside Africa, countries with VAT have addressed these issues differently. Various EU countries and Canada, for example, have designed input tax refund mechanisms to eliminate the self-supply bias and the investment disincentive. Still other countries, such as New Zealand, tax governments and activities in the public interest in full and have thus come to terms with the unfair competition issue, too. A concluding section summarizes the characteristics and effects of the various approaches and attempts to formulate a recommendation for African countries.

scholarly journals Tinjauan Terhadap Hukum Persaingan Usaha Di Indonesia Dari Perspektif Hukum Perlindungan Konsumen

2019 ◽  
Vol 4 (1) ◽  
pp. 19-30
Author(s):  
Desi Apriani
Keyword(s):  
Consumer Protection ◽  
Public Interest ◽  
Competition Law ◽  
Unfair Competition ◽  
Public Welfare ◽  
Business World ◽  
The Public ◽  
Fair Competition ◽  
Consumer Interests ◽  
The Law

The business world is something that cannot be separated from business competition. There are business actors who compete in a fair competition  and there are also business actors who compete in a unfair competition. This is where the importance of the presence of business competition law in a country. In Indonesia, business competition law is contained in Law Number 5 of 1999 which prohibits monopolistic practices and unfair business competition. In relation to consumer protection, Law Number 5 Year 1999 has the aim of protecting the public interest and seeking public welfare. The prohibitions in the law indirectly have a protected effect on consumer interests. Need consistency in enforcement of business competition law so that the goal of protecting consumers can be achieved optimally.

scholarly journals International Universal Unification of the Conflict-of-Law Regulation of Cross-Border Unfair Competition

2019 ◽  
Vol 7 (2) ◽  
pp. 101-127
Author(s):  
Bohdan Rebrysh ◽  
Natalia Maskayeva
Keyword(s):  
Public Policy ◽  
Legal Protection ◽  
Unfair Competition ◽  
Party Autonomy ◽  
Applicable Law ◽  
The Public ◽  
Cross Border ◽  
Near Future ◽  
Conflict Of Law

This article puts forward that there are diverse and sound grounds preventing the universal treaty regulating comprehensively the issues of legal protection from crossborder unfair competition by substantive norms from being worked out in the near future. The development of the universal unification of the conflict-of-law rules on the law applicable to the private relations arising out of unfair competition as a possible alternative is also proposed and substantiated. The authors give some possible reasons for the absence of such a treaty and demonstrate the results that have been achieved so far in this field. The concept of the Draft of the relevant Convention is drawn up. The conclusion is made that the latter needs to be centered on the lex mercatus as a single connecting factor (due to its advantages of predictability, account of the interests of the state where the effected market is situated etc.). Furthermore, the Convention should not provide for party autonomy, should set forth the detailed rules for the legal characterization of the basic terms of the Convention, including the scope of the applicable law as well as the public policy clause and the norms on the overriding mandatory provisions.

scholarly journals The Borderline Between Legitimate and Unfair Copying of Products – A Unified Scandinavian Approach?

2020 ◽  
Vol 51 (9) ◽  
pp. 1033-1061
Author(s):  
Monica Viken
Keyword(s):  
Intellectual Property ◽  
Market Failure ◽  
Free Market ◽  
Intellectual Property Protection ◽  
Unfair Competition ◽  
Robust Solution ◽  
The Public ◽  
Free Competition ◽  
Fair Competition ◽  
Shed Light

AbstractFreedom of imitation, outside the boundaries of intellectual property protection, can be considered as a prerequisite for free competition in a free market economy. The rules on unfair competition should therefore not serve to extend exclusive rights beyond their scope and term of protection. On the other hand, regulations within national law that prohibit the unfair copying of products may be justified in order to avoid market failure, being directed towards the optimizing of fair competition among honest traders. The borderline between these two opposite positions is regulated with different approaches in the European countries. This article considers the extent to which the public interest in free competition and the protection of a trader against unfair competition function together in a complementary manner under Scandinavian legislation. In the early 1970s, the Scandinavian countries developed a distinctive approach to regulations on unfair competition under the Marketing Laws. This article undertakes an investigation of these regulations relating to the borderline between legitimate and unfair copying as of 2020, revealing the extent to which there is a unified approach to copying in Scandinavia. Differences between the regulations will have influence on the legal relationship and conflicts among traders operating in all three countries, while a unified Scandinavian approach could serve as a robust solution for navigating the borderline between legitimate and unfair copying. Such analysis might also shed light on how a Scandinavian approach fits into a broader European perspective on this borderline. Thus, the aim of this article is to analyze potential different approaches to the tension between the marketing rules outside the boundaries of intellectual property protection and the principle of legitimate copying. Examination of this borderline can be connected to how the trader’s investments and behaviour are balanced against a market-oriented approach to copying.

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