Conflict-of-Laws Aspects of Overlaps of Unfair Competition and Intellectual Property Protection Cover Image

Kolizní aspekty souběhů nekalosoutěžní a duševně vlastnické ochrany
Conflict-of-Laws Aspects of Overlaps of Unfair Competition and Intellectual Property Protection

Author(s): Zuzana Vlachová
Subject(s): International Law, Commercial Law
Published by: Masarykova univerzita nakladatelství
Keywords: Unfair competition; Infringement of Intellectual Property Rights; Qualification; Applicable Law; Non contractual Obligations; Information Society Service Provider; Rome II Regulation

Summary/Abstract: This article aims to analyse conflict-of-laws aspects in cases of concurrence of unfair competition practices and infringements of intellectual property rights and therefore the potential application of both unfair competition protection and intellectual property protection. Firstly, the article will focus on the stage of qualification of such cases and will subsequently provide an analysis of mainly the Articles 6 and 8 of the Rome II Regulation and their scope of application in these cases. Relevant regulation established by the E-Commerce Directive on the rule of country of origin will also be taken into account. The arising issues are illustrated on an example of possible liability of ISPs for infringement of intellectual property rights or for unfair competition, and on related case law of the Supreme Court of the Czech Republic.

  • Issue Year: 31/2023
  • Issue No: 2
  • Page Range: 285-311
  • Page Count: 27
  • Language: Czech
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