Today the IPKat attended Professsor Gerald Dworkin's talk, "Unfair Competition: Is the Common Law inwards Need of a Loose Cannon?", hosted past times the Oxford Intellectual Property Research Centre at St Peter's College. The focus was on the breadth of the unfair contest activity at mutual police as well as on the pose of misappropriation inside inwards it. He began past times identifying iii possible ingredients of an unfair contest tort: Confusion (or Misrepresentation); Attack (on roughly other trader) as well as Theft (or Misappropriation) a.k.a. CAT or MAT. The showtime ii of these ingredients were enshrined inwards Art 10bis of the Paris Convention, spell the 3rd - misappropriation - was not. Nor was misappropriation singled out inwards Art 39 of TRIPs. However, this did non hateful that at that spot was no pose for misappropriation inside unfair contest doctrine.
Professor Dworkin described the agency inwards which passing off police inwards the Britain had expanded the concepts of goodwill, confusion as well as harm then as to address novel forms of unfair contest as well as changing merchandise practices. Nonetheless, passing off has non been stretched then far that it volition render relief against misappropriation lone inwards the absence of misrepresentation. This was non e'er the illustration inwards the US, where misappropriation without confusion was recognised inwards the 1918 Supreme Court illustration of INS five Associated Press. However, this conclusion was never fully accepted as well as was subsequently restricted to the protection of "hot news" inwards NBA five Motorola.
After reviewing the advertizing hoc protection accorded to acts of misappropriation inwards perceived "problem cases" such as semi-conductor chips as well as database rights, he went on to catch why the mutual police is reluctant to grant protection against misappropriation per se as well as how for sure other jurisdictions were coping alongside the same issue. He noted that spell countries such as France, Deutschland as well as Switzerland ostensibly render protection against misappropriation, they employ an "X factor" to distinguish deserving cases from undeserving cases.
In concluding, Professor Dworkin conceded that earlier whatsoever doctrine of misappropriation was recognised, it would hold out necessary to catch the economical arguments for as well as against such an expansion. He too pointed out that novel forms of activity as well as novel rights e.g. the European Union unregistered blueprint right, were already eating into the territory where such relief may hold out desirable.
says that this is an surface area that needs farther investigation. While the prospect of competitors beingness able to convey a "free ride" on the efforts of others is instinctively unappealing, the opportunity of measures that would stifle contest is as unattractive.
Cat mat here, here as well as here
Unfair contest here as well as here
Professor Dworkin described the agency inwards which passing off police inwards the Britain had expanded the concepts of goodwill, confusion as well as harm then as to address novel forms of unfair contest as well as changing merchandise practices. Nonetheless, passing off has non been stretched then far that it volition render relief against misappropriation lone inwards the absence of misrepresentation. This was non e'er the illustration inwards the US, where misappropriation without confusion was recognised inwards the 1918 Supreme Court illustration of INS five Associated Press. However, this conclusion was never fully accepted as well as was subsequently restricted to the protection of "hot news" inwards NBA five Motorola.
After reviewing the advertizing hoc protection accorded to acts of misappropriation inwards perceived "problem cases" such as semi-conductor chips as well as database rights, he went on to catch why the mutual police is reluctant to grant protection against misappropriation per se as well as how for sure other jurisdictions were coping alongside the same issue. He noted that spell countries such as France, Deutschland as well as Switzerland ostensibly render protection against misappropriation, they employ an "X factor" to distinguish deserving cases from undeserving cases.
In concluding, Professor Dworkin conceded that earlier whatsoever doctrine of misappropriation was recognised, it would hold out necessary to catch the economical arguments for as well as against such an expansion. He too pointed out that novel forms of activity as well as novel rights e.g. the European Union unregistered blueprint right, were already eating into the territory where such relief may hold out desirable.
says that this is an surface area that needs farther investigation. While the prospect of competitors beingness able to convey a "free ride" on the efforts of others is instinctively unappealing, the opportunity of measures that would stifle contest is as unattractive.
Cat mat here, here as well as here
Unfair contest here as well as here
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