Abstract
The paper draws attention to the peculiarities of the regulation of obligations arising as a result of unfair competition within the framework of international legal documents. The authors emphasize the fact that, unlike other types of non-contractual cross-border relations, obligations arising from unfair competition often have a public character. According to the authors, this particular feature is the determining factor in the conflict of law and substantive regulation of these obligations.The paper notes that the formation and development of the conflict of law and substantive regulation of obligations in relation to the unfair competition were significantly influenced by the norms of international treaties. In particular, they include the Paris Convention for the Protection of Industrial Property, the Agreement on Trade-related Aspects of Intellectual Property Rights, and Regulation (EU) No 864/2007 of the European Parliament and the Council dated July 11, 2007.“On the law to be applied to non-contractual obligations” (“Rome II”). Nonetheless, a reasonable conclusion is that the international legal instruments governing the obligations that have arisen as a result of unfair competition include substantive law, aimed at preventing unfair competition. As a rule, these are norms aimed at finding particular ways to solve the problem of conflict of obligations arising as a result of unfair competition.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.