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European Intellectual Property Law

European Intellectual Property Law (2nd edn)

Justine Pila and Paul Torremans
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date: 27 May 2024

p. 43417. Unfair Competition Lawlocked

p. 43417. Unfair Competition Lawlocked

  • Justine PilaJustine PilaFellow and Senior Law Tutor of St Catherine’s College, Oxford; Research Fellow of the Institute of European and Comparative Law, Faculty of Law, University of Oxford
  •  and Paul L.C. TorremansPaul L.C. TorremansProfessor of Intellectual Property Law, University of Nottingham

Abstract

This chapter focuses on EU law on unfair competition. Unfair competition law is concerned with fair play in commerce. It normally acts in tandem with its more powerful, but much more narrowly focused, counterpart competition law. Together they are generally regarded as necessary in order to steer competition along an orderly course. And they thereby contribute to promoting an efficient market system that serves the interests of all participants. While there is no single EU instrument that deals with unfair competition law as a whole, there is a significant level of EU legislative intervention in relation to comparative and misleading advertising and in relation to unfair business-to-consumer commercial practices; each of these are discussed in detail.

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