Unfair Competition and Parasitic Practices

Start Date: Thursday, June 28, 2012
End Date: Friday, June 29, 2012
Category: Criminal Law Criminal Law National Law
Venue: ENM Paris
Country: France
Leading organisation: ENM (French National School for the Judicary)
Cooperative Partner:
Language(s): French
Training level:
Target audience:
Participants(EJTN): 3
Contact: Myriam Eleore
Contact e-mail:
Contact phone: +33 144419954

Course Description

Background:
The principle of free competition, the corollary to the freedom of trade and industry, has a necessary limit in unfair competition. Those who engage in it are tortuously liable in common law.

Unfair competition is at the confluence of special rights (intellectual property, competition law) and the common law of obligations and can be impacted by European Community law (sanctions for unfair trade practices). In such cases, its very objective remains uncertain, oscillating between compensating for a loss and sanctioning competitive misconduct.

The objective of this course is to sketch a complete updated panorama of unfair competition in its various manifestations (imitation, confusion, disparagement, etc.), especially parasitic practices (use of the reputation of another without this necessarily seeking to create confusion), both in judicial proceedings and in the determination of fault and of the loss to be compensated.