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In our globalized world, intellectual property has become a major issue, directly linked to creation, research, innovation and freedom of expression. Its protection, generally limited in time, depends on a set of substantive conditions (originality, distinctiveness, novelty, etc., depending on the intellectual right considered) and often also on form (registration). It is tempting, when these conditions of protection are not or no longer met, to seek help in the law of unfair competition.
This book, the result of a colloquium organized at the Fondation universitaire de Bruxelles on April 14, 2016, jointly by the G-3* universities, aims to examine in concrete terms whether unfair competition law has substitution or complementing effects in relation to "classical" intellectual property law and whether these effects are in line with the rules, balances and objectives that govern the subject matter. The questions relating to the overlapping of the rules of intellectual property and unfair competition, and in particular to the reflex effect of intellectual property law, the theory of parasitic competition, the risk of confusion, the "no protection without registration" rule as well as the protection of secrets without a patent, are examined through case law and therefore practical cases.
Belgian law is at the center of the book (with contributions from A. Puttemans, J. Cabay, J-F Puyraimond, Ph. Campolini) but it is enriched by the very valuable, sometimes surprising, light of comparative law, thanks to the contribution of the best specialists in these questions in French (N. Binctin), Dutch law (A. Quaevlieg), Swiss and German law (J. de Werra and Y. Benamou), Canadian and Quebec law (Y. Gendreau and F. Martin-Bariteau), as well as international and European law (J. Stuyck and J. Cabay).