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Paris Convention for the Protection of Industrial Property of 1883
The primary foundation for global responsibilities for unfair competition is the 1883 Paris Convention for the Protection of Industrial Property, which underwent its most recent revision in 1979. The following are its principal highlights: (a) Signatory nations to the Convention (now at 171) are required to provide their citizens with adequate protection against unfair competition. (b) Unfair competition is defined as any act of competition that goes against ethical standards in business or industry. (c) Specifically, the following shall be forbidden: (i) any actions that could in any way confuse the establishment, the products, or the commercial or industrial activities of a rival; and (ii) false accusations made in the course of business that could damage the reputation of the competitor's establishment, products, or commercial or industrial activities. The EU's Directive 2005/29 addresses the responsibilities of Member States arising from the Convention. It forbids, among other things, actions that could skew customers' purchasing decisions. This could involve passing off, which is quite similar to utilizing a commercial activity to noticeably hinder the consumer's capacity to make an informed decision.
The primary foundation for global responsibilities for unfair competition is the 1883 Paris Convention for the Protection of Industrial Property, which underwent its most recent revision in 1979. The following are its principal highlights: (a) Signatory nations to the Convention (now at 171) are required to provide their citizens with adequate protection against unfair competition. (b) Unfair competition is defined as any act of competition that goes against ethical standards in business or industry. (c) Specifically, the following shall be forbidden: (i) any actions that could in any way confuse the establishment, the products, or the commercial or industrial activities of a rival; and (ii) false accusations made in the course of business that could damage the reputation of the competitor's establishment, products, or commercial or industrial activities. The EU's Directive 2005/29 addresses the responsibilities of Member States arising from the Convention. It forbids, among other things, actions that could skew customers' purchasing decisions. This could involve passing off, which is quite similar to utilizing a commercial activity to noticeably hinder the consumer's capacity to make an informed decision.
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