Unfair Competition Law: The Protection of Intellectual and Industrial Creativity

By Anselm Kamperman Sanders | Go to book overview

Index
abuse of a dominant position, 31, 115-20
Article 35-36, 116-18
Article 86, 115, 118, 210
dominant position, 116
essential function, 118-19
immune exercise, 116, 118-119
license, refusal to, 117, 210
malign competition, 210, see also malign competition
specific subject matter, 116-18, 210
supply, refusal to, 118-19
Lunjust enrichment, 120, 210
advertising, 10
campaign, 7, 80, 109-11, 135, 202-6
comparative, 8, 93
EC Directive, 93
misleading, 33 n. 89, 226
association, 20-22, 42, 98, see also dilution
asymmetric market failure, 102-4, 114, 210, see also economics
bonos mores,56, 59, 64, 70-3, 90, 125, 149
breach of confidence, 157, 200-1, 206-7, 226
character merchandising, 80, 226
civil code,
Belgium
Art. 1382, 55-6
Art. 1383, 55-6
Art. 1284, 55-6
France
Art. 1382: 24-1
Art. 1383: 25
Germany
s. 812, 125-28
s. 816, 127
s. 817: 125
s. 818, 126-28
s. 826, 57
Italy
Art. 2041, 125,
Art. 2041, 49
Art. 2598, 49
Netherlands
Art. 1401, 32, 37
Art. 6:162, 33, 44, 47
Art. 6:212, 47,125,129
Quebec
Art 1457, 70
Switzerland, 125
Coase Theorem, 101, see also economics
cognizance, see knowledge
comparative advertising, 8, 93, see also advertising
compatibility, 30-1, 209
competition,
market failure, 102-4, 114, 210
tort, 25 n. 60
connectivity, 30-1, 209
concurrence parasitaire, see parasitism
concurrence déloyale, 24-32, 70, 150, 207
confusion 7, 20, 26, 28, 30-2, 39-41, 49, 56, 58, 65, 68, 78, 103, 150, 225
copyright
1956 UK Act, 187
1988 UK Act (CDPA), 99, 186-90
actual knowledge, 187, see also knowledge
essential function, 118, see also abuse of a dominant position
economics, 102, see also economics
constructive knowledge, see secondary infringement
general, 27, 44-5, 118, 196
public domain, 102, 196, see also defense
secondary infringement, 186-90
typography, 38, 41
corrective justice, 123-4
damages, 48
calculation of, 46
likelihood of, 46, 49
defamation, 49
defencse
innocent risk-takers, 155-8, 193, 208, see also knowledge
intermeddling, 129, 139 n. 89, 141, 156, 191, 209, see also unjust enrichment
mistake, 160, 192, see also trust
pre-emption, see pre-emption
public domain, 196
subjective devaluation, 144-7, 156-60, see also unjust enrichment
design, 40, 58, 75, 117
CDPA 1988, 99
specific subject matter, 117, see also abuse of a dominant position
dilution, 8, 10, 21, 26, 32, 58-9, 94, 107-10, 226
association, 20-22, 42, 98
Directive EC
comparative advertising, 93see also advertising

-229-

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