About Unfair Competition Law
This book by Anselm Kamperman Sanders provides a comprehensive overview of the current state of the law of unfair competition for the protection of intellectual creations and industrial assets. The book is wide in scope and looks at the position in the European Union, the USA and other major Anglo-American jurisdictions. The advent of the information age, coupled with the desire to integrate markets has heightened the need for such a comparative, theoretical approach. Furthermore, new legislation for the protection of creative and industrial assets, as introduced in many jurisdictions, is usually based on unfair competition doctrines. Despite this growing interest in the law of unfair competition in the last few years, little attention has been given to the various legal and economic paradigms that shape the law. The new sui generis legislation poses a challenge to the current regimes of intellectual property protection which are becoming increasingly out of step with the paradigms that shaped the traditional patent, copyright and trademark passing off, or even slavish imitation regimes. In this work the author also explores the alternative to a protective regime based on unfair competition doctines, giving practical examples to examine the themes of economic justification, shaping legal boundaries, and finding a harmonization of national laws.
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