By Reto M. Hilty (auth.), Professor Dr. Reto M. Hilty, Dr. Frauke Henning-Bodewig (eds.)
Unfair pageant legislation is anxious with reasonable play in trade. it truly is regularly considered as useful – including antitrust legislations – to be able to steer pageant alongside an orderly direction, and thereby to give a contribution to selling a good marketplace procedure that serves the pursuits of all members. however the importance of unfair pageant legislations varies from one state to a different. while in a few international locations, similar to Germany, it truly is visible as probably the most powerful advertisement legislation, in different nations, akin to the uk, it leads really a shadowy lifestyles. From the outset, this discrepancy laid within the transformations in nationwide criminal s- tems. while these continental eu international locations that possessed a written civil legislations while circumstances of unfair pageant emerged, kind of effectively tried to include them within the latest tort legislation method, security within the universal legislations nations used to be limited to a few narrowly outlined torts, specifically “passing off”. At this degree one of many few shared convictions used to be, that the security of “honest marketers” was once at factor; in this foundation, in 1900, the one law on the int- bis nationwide point before used to be enacted, paintings. 10 of the Paris Convention.
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Extra info for Law Against Unfair Competition: Towards a New Paradigm in Europe?
If one takes into account the context of the legal protection of investments described above, one will, in fact, be able to detect quite some fragments already in current legislation, alongside certain rudimentary attempts in the case law of the ECJ at developing the field. The significance of these fragments will briefly be dealt with below. 3 Current Basis of the Protection of Investments in Existing Law If one takes Art. 3 Para. e. more concrete. Admittedly, at a certain density, one looses sight of the fact that one actually still deals with the legal protection of the competitor, thus forming a component of the law of market behaviour, especially where a body of norms formally appears perhaps not to stand in a competition law context anymore.
UNGERN-STERNBERG, ibidem, Copyright Law 87 N 3 (broadcasting organisations); KATZENBERGER, ibidem, Copyright Law 94 N 4 (film producers). ), supra note 1, at Intro. F, note 225. In more depth HILTY, “Gedanken zum Schutze der nachbarrechtlichen Leistung – einst, heute und morgen,” 116 UFITA 35 et seq. (1991); by the same author, “Zum urheberrechtlichen Leistungsschutz im schweizerischen Recht am Beispiel des Tonträgerproduzenten,” 1993 GRUR Int. ; SAMBUC, in: HARTE & HENNING (eds), supra note 1, at Intro.
38 Reto M. Hilty law and that of the investor within the framework of the exploitation of copyright works by means of these related rights cannot be drawn anyhow. 94 It is rather ironic in this context that of all countries hence that decided in favour of the extension in question, which has accorded constitutional law status to the incentive function of copyright protection in the form of the so-called “copyright and patent clause”; ultimately, an extension of copyright protection clearly does not provide any further incentives to the author himself with regard to a work already in existence – but it does, of course, to the party exploiting the copyright.