Book contents
- Transition and Coherence in Intellectual Property Law
- Cambridge Intellectual Property and Information Law
- Transition and Coherence in Intellectual Property Law
- Copyright page
- Contents
- Preface
- Greetings to Annette Kur from the Second Floor
- Annette Kur: Toward Understanding
- Part I Transition
- Part II Coherence
- A Intellectual “Property” and its Limits
- B IP Overlaps
- C (Un-)fairness
- 34 Geographical Indications as Intellectual Property Rights – Beyond Transition and Coherence
- 35 Presence or Absence of Coherence in Trade Identity Protection in the European Union
- 36 Virtue Ethics and Private Law – A Sketch
- 37 Closing the Gap: How EU Law Constrains National Rules Against Imitation
- 38 European Union Law and Slavish Imitation: An Update in Honour of Annette Kur
- 39 The German Misappropriation Origins of Trademark Antidilution Doctrine: A Translation of the 1924 Odol Opinion of the Elberfeld Landgericht
- 40 The Relationship Between the Unfair Competition Regime and IP Law
- 41 Comparative Advertising: Does Trade Mark Law Over- or Under-Protect the Average Consumer? A Couple of Recent Examples of Asian Jurisdictions Going their Own Way
- Conclusion
- Cambridge Intellectual Property and Information Law
38 - European Union Law and Slavish Imitation: An Update in Honour of Annette Kur
from C - (Un-)fairness
Published online by Cambridge University Press: 29 December 2020
- Transition and Coherence in Intellectual Property Law
- Cambridge Intellectual Property and Information Law
- Transition and Coherence in Intellectual Property Law
- Copyright page
- Contents
- Preface
- Greetings to Annette Kur from the Second Floor
- Annette Kur: Toward Understanding
- Part I Transition
- Part II Coherence
- A Intellectual “Property” and its Limits
- B IP Overlaps
- C (Un-)fairness
- 34 Geographical Indications as Intellectual Property Rights – Beyond Transition and Coherence
- 35 Presence or Absence of Coherence in Trade Identity Protection in the European Union
- 36 Virtue Ethics and Private Law – A Sketch
- 37 Closing the Gap: How EU Law Constrains National Rules Against Imitation
- 38 European Union Law and Slavish Imitation: An Update in Honour of Annette Kur
- 39 The German Misappropriation Origins of Trademark Antidilution Doctrine: A Translation of the 1924 Odol Opinion of the Elberfeld Landgericht
- 40 The Relationship Between the Unfair Competition Regime and IP Law
- 41 Comparative Advertising: Does Trade Mark Law Over- or Under-Protect the Average Consumer? A Couple of Recent Examples of Asian Jurisdictions Going their Own Way
- Conclusion
- Cambridge Intellectual Property and Information Law
Summary
In 2006 Annette Kur’s seminal essay on unfair competition protection against imitations and its impact on the free movement of goods was published in the liber amicorum for Eike Ullmann.2 In essence, she argued that in the light of ongoing harmonization of European IP and unfair competition law, namely the introduction of unregistered Community design protection and other secondary law instruments, the old carte blanche for national protection against slavish imitations from the Beele judgment no longer applied – or rather that Beele had never been carte blanche for national law.3
- Type
- Chapter
- Information
- Transition and Coherence in Intellectual Property LawEssays in Honour of Annette Kur, pp. 447 - 459Publisher: Cambridge University PressPrint publication year: 2021