International publications

Unfair Trade Practices: A Global Comparative Law Survey

World Law Group Series, 2016

For global companies in particular, knowing the market rules of the countries they are doing business in is crucial to conduct their business in compliance with those laws.

At first glance, this seems to be a difficult task considering that the only international law with regard to unfair competition law (leaving aside the protection of geographical indications and undisclosed know-how) is Article 10bis of the Paris Convention for the Protection of Industrial Property. According to this rule, it is mandatory for all states party to the Convention to grant protection against unfair competition. However, the definition given in Article 10bis is very broad, since unfair competition is defined as any act of competition contrary to honest practices in industrial or commercial matters. Moreover, only three kinds of unfair trade practices are specifically defined.

Considering these facts, it is no surprise that no consensus exists on what actions should be regarded as unfair, how fairness in the market should be enforced, and who should be protected by the laws against unfair competition: Only consumers? Only competitors? Or consumers, competitors and the general public?

The first edition of the Unfair Trade Practicesguide provides an overview and comparison of the relevant law in 37 countries. It addresses, among other things, questions as to which law deals with unfair competitive behavior, which practices are deemed unfair in the individual countries covered, and how fairness is enforced in each of these markets.

Read and download the first edition of the Unfair Trade Practices: A Global Comparative Law Survey