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