Reflection on the Role of Judgments in Prevention of So-called „Perverse Creativity“ Cover Image

Zamyslenie sa nad úlohou súdnych rozhodnutí v zabránení tzv. „perverznej“ tvorivosti
Reflection on the Role of Judgments in Prevention of So-called „Perverse Creativity“

Author(s): Jozef Vozár
Subject(s): Constitutional Law, Philosophy of Law
Published by: Masarykova univerzita nakladatelství
Keywords: Perverse Creativity; judgements; circumvent laws; renowned and successful goods and services immitation;

Summary/Abstract: The article criticises the effort of certain competitors to establish themselves on the market in an unfair manner. In the practice, instead of trying to establish themselves on the market in a fair manner, some competitors parasitize on the reputation of renowned products, circumvent laws, imitate renowned and successful goods and services, apply for registration of domains the names of which are identical to or slightly different from the names of domains of renowned companies. They pursue a single aim ‒ to make profit in simpler manner, to gain an unjustified competitive advantage to the detriment of the positively creating individuals.The author points out to the indispensable role played by the courts in this area and analyses good practices of courts as models for other to follow, but also bad practices that do not respect the purpose and the sense of law against unfair competition.

  • Issue Year: 23/2015
  • Issue No: 1
  • Page Range: 65-70
  • Page Count: 6
  • Language: Slovak