This rich and challenging book offers a critical appraisal of the relationship between intellectual property law and competition law, from a particularly European perspective.
Gustavo Ghidini highlights the deficiencies in studying each of these areas of law independently and argues for a more holistic approach, insisting that it is more useful, and indeed essential, to consider them as interdependent. He does this first by examining how competition and intellectual property (IP) converge, diverge, and inform one another. Secondly, he assesses how IP law can be interpreted through the guiding principles of competition law – antitrust and unfair competition – and within the overarching principle of free competition.
Chapter 4: The distinguishing function and advertising value of the trademark: main aspects and critique of a European 'Reform'
Subjects: law - academic, competition and antitrust law, intellectual property law
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