Trademark And Unfair Competition In The UK, Germany And Italy.
Mondaq Business Briefing › Nbr. 2004, May 2004
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Trademark And Unfair Competition In The UK, Germany And Italy.
By Laurence Cohen (London office), Boris Uphoff (Munich office) and Margherite Barie (Milan office)
Europe has grown up with different systems to protect acquired unregistered rights in trademarks, signs and get up (trade dress). In common law systems this protection has taken the form of an action against passing off, while in civil law systems it has taken the form of an action against unfair competition. The common law system can be viewed as allowing everything except that which is prohibited, while the civil law system prohibits everything except that which is allowed. The UK is a common law country, while Germany and Italy are civil law countries. For over a decade the European Union (EU) has operated two parallel protection systems for protecting get up or trad...See the full content of this document
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