Topic: Understanding unfair Competition in Intellectual Property. Authors: Suyash Sinha (Roll: 56) & Vaibhav Tyagi (Roll: 46) [BBA(LLB)Hons., VIIIth Semester] Summary: The idea of unfair competition has been around for some time and was mentioned as one of the ways of protecting intellectual property as early as 1900 in the Brussels revision of the Paris Convention. It can best be seen as practices that distort the free operation of intellectual property and the reward system that it provides. An act of unfair competition is any act of competition contrary to honest practices in industrial or commercial matters. For example, the following in particular shall be prohibited: • all acts of such a nature as to create confusion, by any means, with the establishment, the goods, or the industrial or commercial activities, of a competitor; • false allegations in the course of trade of such a nature as to discredit the establishment, the goods, or the industrial or commercial activities, of a competitor; • indications or allegations the use of which in the course of trade is liable to mislead the public as to the nature, the manufacturing process, the characteristics, the suitability for their purpose, or the quantity, of the goods. There are many different types of acts of unfair competition including: • Causing confusion
• Discrediting Competitors
• Violation of trade secrets
• Taking advantage of another’s achievements (free riding) • Comparative advertising
The authors through this research paper shall, elaborate the provisions for unfair competition in legislative texts like the TRIPS Agreement & the Paris Convention for the Protection of Industrial Property, inter alia, while explaining the concept of unfair competition in Intellectual property rights and their various types, discuss case studies and try to bring clarity to the concept. Proposed Chapters:
1. What is Unfair Competition?
2. Need for protection
3. Acts of Unfair...