Intellectual Property and Private International Law

By James J. Fawcett; Paul Torremans | Go to book overview

13
Complementary Torts and Other Causes of Action: The Applicable Law
I Introduction651
II Passing-off652
1. How choice of law problems arise652
2. The applicable law653
(a) Introduction653
(b) Application of the common law rules in passing-off cases653
(c) Application of the statutory rules in passing-off cases654
III Malicious falsehood669
1. How choice of law problems arise669
2. The applicable law669
(a) Introduction669
(b) Characterisation as malicious falsehood669
(c) The exclusion of malicious falsehood from Part III670
(d) Application of the common law rules in cases of malicious falsehood672
IV Defamation673
1. How choice of law problems arise673
2. The applicable law674
(a) Introduction674
(b) Characterisation as defamation674
(c) The exclusion of defamation claims from Part III675
(d) Application of the common law rules in cases of defamation of a business competitor676
V Unfair competition678
1. How choice of law problems arise678
2. The applicable law679
(a) Introduction679
(b) Application of the common law rules in unfair competition cases679
(c) Application of the statutory rules in unfair competition cases680
VI Wider Continental protection in delict690

-649-

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