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Editura Universitara Action for unfair competition

33,71 Lei

ISBN: 978-606-591-131-4

Publisher year: 2011

Edition: I

Pages: 258

Publisher: Universitară

Author: Vlad Mihai Dorel

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Combating unfair competition has several plans: we have in mind a national legislative framework and an international one. In international law, the fight against unfair competition is achieved both at the regional level - through the institutions of the European Union - and worldwide, within the framework provided by the World Trade Organization.

Also, the protection of human rights is an effective tool, used even by companies; thus, in a recent case, using all the procedural-procedural legal means, the European Court of Human Rights was reached.

The effects of the globalization of the protection of intellectual and industrial property rights are noticed both by the hierarchy of legal norms (national and international), and by the multitude of courts or by the establishment of specialized arbitral tribunals.

The study of unfair competition highlights not only the problems due to globalization and the development of technology and IT tools, but also, in the European space, those due to guaranteeing the free movement of people, services, capital and goods. Thus, there are problems regarding the priority competition regarding the name of the company, the domain name in the virtual space (internet) and the brand.

Unfair competition is a tool used in consumer protection policy - which has abundant legislation in the European space - transposed into domestic legal rules.

In competition law, the notion of unfair competition designates, synthetically, that economic competition between traders and / or any other persons who carry out economic activities, in which dishonest means are used.

This definition is not too rigorous from a scientific point of view, because its conceptual kernel is a moral one.

Business morality is a particular form, a kind of universal morality, it is the sum of legal constraints and honest commercial practices sanctioned by law.

In the Romanian legislation, unfair competition is regulated by Law no. 11/1991 on combating unfair competition, Law no. 148/2000 regarding advertising, Ordinance no. 99/2000 regarding the marketing of market products and services, Law no. 21/1996 and Law no. 298/2001 for the amendment and completion of Law no. 11/1991.

The criterion for determining unfair competition is disloyalty and not misappropriation of customers. Unfair competition regulations are about means and not goals.

The rules that sanction unfair competition protect the economic interests of various traders against acts contrary to business morality, committed by some traders.

The act of competition is not illegal in itself, but only if the means used to attract customers are illegal.

Vlad Mihai Dorel

content

INTRODUCTION / 9
TITLE I
DISTINCTION BETWEEN ACTION IN UNFAIR COMPETITION AND OTHER SPECIFIC MEANS OF PROTECTION OF INTELLECTUAL PROPERTY OBJECTS


Preliminary details / 11

CHAPTER I. COMPARISON BETWEEN ACTION IN FAIR COMPETITION AND ACTION IN COUNTERFEITING / 12
Section 1. Preliminary information / 12
Section 2. The formal source of the counterfeiting action / 13
Section 3. Case of summons / 14
Section 4. Object of protection / 15
Section 5. Finality of actions for counterfeiting and unfair competition / 16
Section 6. Scope / 17

CHAPTER II. COMPARISON BETWEEN ACTION IN FAIR COMPETITION AND SPECIFIC MEANS OF TRADEMARK PROTECTION / 18
Section 1. The notion and regulation of trademark protection / 18
Section 2. Protection of trademark rights / 19
Section 3. Trademark protection in customs clearance operations / 30
Section 4. Trademark protection in Community law / 39
Section 5. Trademark protection on the Internet / 51

CHAPTER III. COMPARISON BETWEEN ACTION IN FAIR COMPETITION AND SPECIFIC MEANS OF PROTECTION OF INVENTIONS / 55
Section 1. Regulation of the protection of the invention / 55
Section 2. The concept of “patented technical knowledge” and their protection / 56
Section 3. Protection of inventions in the European Union / 59

CHAPTER IV. COMPARISON BETWEEN ACTION IN FAIR COMPETITION AND SPECIFIC MEANS OF PROTECTION OF THE COMPANY AND THE EMBLEM / 64
Section 1. The notion of company (trade name) / 64
Section 2. Company forms / 68
Section 3. Action in unfair competition means of protection of the trade name (company) / 71
Section 4. Definition of the emblem / 73
Section 5. Emblem functions / 75
Section 6. Choice of emblem / 77
Section 7. Legal protection of the company and the emblem / 77
Section 7. Assignment of goodwill / 81

CHAPTER V. COMPARISON BETWEEN ACTION IN UNFAIR COMPETITION AND SPECIFIC MEANS OF KNOW-HOW PROTECTION / 83
Section 1. The notion of know-how / 83
Section 2. Protecting know-how / 84

CHAPTER VI. COMPARISON BETWEEN ACTION IN FAIR COMPETITION AND SPECIFIC MEANS OF PROTECTION OF GEOGRAPHICAL INDICATIONS / 89
Section 1. The notion of geographical indication / 89
Section 2. Protection of geographical indications and unfair competition / 90

CHAPTER VII. COMPARISON BETWEEN ACTION IN FAIR COMPETITION AND SPECIFIC MEANS OF PROTECTION OF INDUSTRIAL DESIGN / 94
Section 1. Protection of industrial design / 94
Section 2. Protection of industrial design in the European Union / 99

CHAPTER VIII. COMPARISON BETWEEN ACTION IN FAIR COMPETITION AND SPECIFIC MEANS OF PROTECTION OF LITERARY, SCIENTIFIC AND ARTISTIC WORKS / 101

CHAPTER IX. COMPARISON BETWEEN ACTION IN FAIR COMPETITION AND SPECIFIC MEANS OF PROTECTION OF PLANT VARIETIES AND ANIMAL BREEDS / 103
Section 1. Notion and regulation / 103
Section 2. Plant and variety protection and unfair competition / 104

CHAPTER X. COMPARISON BETWEEN ACTION IN FAIR COMPETITION AND SPECIFIC MEANS OF PROTECTION OF ATOPOGRAPHS OF INTEGRATED CIRCUITS / 105
Section 1. Regulation and object of law protection / 105
Section 2. The right to protection of topographies and unfair competition / 106

TITLE II
LEGAL NATURE OF THE ACTION IN UNFAIR COMPETITION


CHAPTER I. THE NOTION OF UNFAIR COMPETITION / 112
Section 1. Preliminary information / 112
Section 2. Anti-contractual competition / 117
Section 3. Illicit competition / 121
Section 4. Anti-competitive practices / 143
Entantele / 172
Abuse of a dominant position / 182
Excessive economic concentrations. / 191

CHAPTER II. DOCTRINE OPINIONS REGARDING THE LEGAL NATURE OF UNFAIR COMPETITION / 201

CHAPTER III. LEGAL REGULATION. COMPARATIVE LAW / 208

CHAPTER IV. ACTS OF FAIR COMPETITION / 211
Section 1. Categories of acts of unfair competition / 211
Section 2. Denigration / 214
Section 3. Imitation / 223
Section 4. Disorganization / 230
Section 5. Parasitism / 233

TITLE III
BACKGROUND AND FORM CONDITIONS OF THE ACTION IN FAIR COMPETITION


CHAPTER I. THE BOTTOM CONDITIONS OF THE ACTION IN FAIR COMPETITION / 237
CHAPTER II. FORM CONDITIONS (PROCEDURAL) OF EXERCISE OF THE ACTION IN FAIR COMPETITION / 243

CHAPTER III. PRESCRIPTION OF THE ACTION IN FAIR COMPETITION / 245
CHAPTER IV. PROCEDURAL AND PROCEDURAL ASPECTS
IN THE ACTION IN UNFAIR COMPETITION / 247
CHAPTER / V. / EFFECTS OF ADMISSION OF ACTION IN FAIR COMPETITION / 250
CONCLUSIONS / 253
BIBLIOGRAPHY / 254

Combating unfair competition has several plans: we have in mind a national legislative framework and an international one. In international law, the fight against unfair competition is achieved both at the regional level - through the institutions of the European Union - and worldwide, within the framework provided by the World Trade Organization.

Also, the protection of human rights is an effective tool, used even by companies; thus, in a recent case, using all the procedural-procedural legal means, the European Court of Human Rights was reached.

The effects of the globalization of the protection of intellectual and industrial property rights are noticed both by the hierarchy of legal norms (national and international), and by the multitude of courts or by the establishment of specialized arbitral tribunals.

The study of unfair competition highlights not only the problems due to globalization and the development of technology and IT tools, but also, in the European space, those due to guaranteeing the free movement of people, services, capital and goods. Thus, there are problems regarding the competition of priority regarding the name of the company, the domain name in the virtual space (internet) and the brand.

Unfair competition is a tool used in consumer protection policy - which has abundant legislation in the European space - transposed into domestic legal rules.

In competition law, the notion of unfair competition designates, synthetically, that economic competition between traders and / or any other persons who carry out economic activities, in which dishonest means are used.

This definition is not too rigorous from a scientific point of view, because its conceptual kernel is a moral one.

Business morality is a particular form, a kind of universal morality, it is the sum of legal constraints and honest commercial practices sanctioned by law.

In the Romanian legislation, unfair competition is regulated by Law no. 11/1991 on combating unfair competition, Law no. 148/2000 regarding advertising, Ordinance no. 99/2000 regarding the marketing of market products and services, Law no. 21/1996 and Law no. 298/2001 for the amendment and completion of Law no. 11/1991.

The criterion for determining unfair competition is disloyalty and not misappropriation of customers. Unfair competition regulations are about means and not goals.

The rules that sanction unfair competition protect the economic interests of various traders against acts contrary to business morality, committed by some traders.

The act of competition is not illegal in itself, but only if the means used to attract customers are illegal.

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