Chapter 5: UNFAIR COMPETITION, TRADEMARKS AND OTHER INDUSTRIAL PROPERTY RIGHTS
The issues raised by the cross-border protection of unfair competition and industrial property rights, such as trademarks, patents and designs, with regard to Internet activities are addressed. Domain names and the interplay between alternative dispute resolution and court proceedings in this area receive special attention. The interpretation of jurisdiction rules over infringement claims and the determination of the law applicable to the relevant disputes are analyzed in detail. The scope and effectiveness of injunctions are also discussed with regard to claims based on national provisions and EU unitary rights, particularly trademarks.
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