LexInter | December 26, 2001 | 0 Comments

JURISPRUDENCE AND DELOYAL COMPETITION

The law of unfair competition is of praetorian origin. Unlike some countries, such as Austria, Germany or Spain, the legislator has not enacted rules on unfair competition. This is a section of market law which has been developed by the courts on the basis of articles 1382 and 1383 of the Civil Code and does not require that there be a contractual relationship between companies (Cass. Com. 1 Dec. 1987) . . The rules on unfair competition protect fairness in the market, which tempers competition and the search for customers which is characteristic of the market. The principle of freedom of trade and industry means that  companies are free to compete with each other in order to conquer markets and retain induced customers, but if it is fair to seek to develop market share, it cannot be through unfair techniques such as customer hijacking or the disparagement of the competitor. 

The law of unfair competition extends to social law, trademark law, distribution law. In the search for customers, the competitor cannot make employees violate their loyalty obligations. Protection through unfair competition extends the protection of trademark law. It forbids appropriating the work of others, creating confusion with the products of others and thus protects creation.

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