Unfair Competition Law: The Protection of Intellectual and Industrial Creativity

By Anselm Kamperman Sanders | Go to book overview

3
The Economics of Pre-emption and the Abuse of a Dominant Position

INTRODUCTION

In this Chapter some economic justifications for the law of unfair competition will be discussed.1 In order to grasp these economic considerations, the economics of the statutory 'property rule' regimes of trade mark, patent, and copyright protection are contrasted with the economics of protection of confidential information and other forms of 'liability rules' that are employed to regulate competition. The effects on competition of market dominance sustained by a property or a liability rule are considered. Further attention is given to the Treaty of Rome, which forbids the abuse of such a dominant position.


1
UNFAIR COMPETITION AND ECONOMICS

In today's increasingly transparent and international market, both products and information travel everywhere. In step with free market principles, product information, trends, and novelties are quickly copied and applied everywhere, with increasing ease, especially where digital products are concerned. The GATT TRIPs treaty2 and EC sui generis legislation3 exemplify the globalization and expansion of intellectual property rights. Both the TRIPs and sui generis legislation covering various aspects of intellectual property law place an increasing emphasis on unfair competition law. Seen from another perspective, it can be said that the law of unfair competition is being developed, being shaped by a piecemeal increase in the range of protectable subject matter. The UK Trade Marks Act 1994 contains

____________________
1
See S. M. Besen and L. J. Rasking, "An Introduction to the Law and Economics of Intellectual Property" [ 1991] JEP 3.
2
The Agreement on Trade-Related Aspects of Intellectual property Rights, Including Trade in Counterfeit Goods (TRIPs) was included as Annex 1C to the Final Act and Agreement establishing the World Trade Organization: General Agreement on Tariffs and Trade, Uruguay Round (including GATT 1994), done at Marrakesh, 15 Apr. 1994. The next step towards globalization seems to be the US NII White Paper, which was intended to be the standard for TRIPs-2.
3
See Dir. 96/9/EC of 11 March 1996 on the legal protection of databases [ 1996] OJ L77/20 and 84/450/EEC on comparative advertising [ 1994] OJ L136/4.

-97-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Unfair Competition Law: The Protection of Intellectual and Industrial Creativity
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 232

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.