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Other Intellectual Property Laws: IT Components and Unfair Competition, Advertising and Defense of Competition

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Vincent
AutorProf. Dr. Isabel Hernando
Cargo del AutorOther Intellectual Property Laws: IT Components and Unfair Competition, Advertising and Defense of Competition

IT Components and Unfair Competition, Advertising and Defense of Competition.

In addition to laws that deal with protection of intellectual and industrial property, laws relating to unfair competition, advertising and defense of competition, have application within the IT sector. These laws consist of national laws and international treaties[30] and have as their purpose the protection of the competitive marketplace and the public interest.

  1. Acts against Competitors

    Notwithstanding differences in the interpretation of laws by the courts of each country, national laws generally regulate a number of activities deemed unfair in relation to competitors. Acts of unfair competition within the IT sector, can include:

    - Acts of denigration directed at impairing the good will, credit, or good name of a competitor, as well as acts of imitation. Within this category, most national laws also include parasitical acts; the imitation of corporate undertakings or initiatives protected by a right to exclusivity; conduct which generates an association between two traders for consumers; as well as the taking advantage of the reputation or efforts of others.

    - The inappropriate use of the industrial, business or professional goodwill of a competitor, and any act that seeks to induce a contractual breach between two parties in cases of employment, services or supply contracts.

    - Finally, the violation of industrial or commercial secrets that would include activities such as obtaining information through illegitimate means (e. g.. espionage) to the disclosing of information that has been obtained legitimately but is subject to a confidentiality obligation.

  2. Acts Against Consumers

    Within this category, many national laws protect against the following acts which are considered unfair:

    - Acts that are likely to create confusion, which refers to any behavior that is sufficient to create confusion for consumers with respect to the origin of the product or service or with respect to the association between the two entities. Within this category are often included acts of deceit (the use or distribution of incorrect or false indications, the omission of the truth, and any practice that may mislead the persons to whom it is directed as to the nature, method of fabrication, or means of distribution, characteristics, manner of use, quality and quantity of the products or, in general, with respect to the advantages actually offered). These acts are closely related to...

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