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Part A Jurisdiction, 9 Complementary Torts and Other Causes of Action: Jurisdiction

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

Subject(s):
Applicable law — Jurisdiction

This chapter looks into the wide variety of causes of action under English and foreign law, which are complementary to the tort of infringement. It notes that the causes of action include passing-off, malicious falsehood, defamation, unfair competition, wider Continental protection in delict, breach of competition rules, and breach of confidence. Moreover, most of the actions are considered tortious. The chapter also considers the overlap between the common law and the Continental civil law approaches. It elaborates on the substantive law, jurisdictional provisions, and problems of other causes of action like passing-off and breach of competition rules and confidence.

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