Protection Against Unfair Competition at the International Level — The Paris Convention, the 1996 Model Provisions and the Current Work of the World Intellectual Property Organisation

Abstract

One of the main characteristics of a market economy is the presence of competition between various actors in the market.1 The question where the line should be drawn between fair competition and unacceptable competitive behaviour has created abundant debate and literature. In the 90s, the World Intellectual Property Organisation (WIPO) undertook a number of activities dealing with the topic of protection against unfair competition. A study on protection against unfair competition reflecting the world situation at that time was presented in 1994.2 WIPO Model Provisions on Protection Against Unfair Competition were published in 1996.3 In section 2. which follows, Art. 10bis of the Paris Convention which anchors the protection against unfair competition in the international legal framework of industrial property rights, will be discussed. An analysis of the 1996 Model Provisions will be conducted in section 3. Section 4., the final section, contains concluding remarks and an outlook.