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Part B The Applicable Law, 16 Complementary Torts and Other Causes of Action: The Applicable Law

From: Intellectual Property and Private International Law (3rd Edition)

Paul L. C. Torremans

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 July 2024

Applicable law — Jurisdiction

This chapter explores complementary torts and other causes of actions under the applicable law. English substantive law provides a number of different causes of action which are complementary to infringement, which includes torts of passing-off, malicious falsehood, defamation, and causes of action. Moreover, the causes of action include breach of competition rules and breach of confidence. The chapter clarifies that the applicable law is less complex in respect of infringement. It considers unfair competition, delict, and anti-trust in correlation with foreign causes of action. The Rome II Regulation plays an important role after introducing a specific choice of law rule for unfair competition and restricting free competition.

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