Legal Literature

  • Legal Literature Details
    • Member State: Netherlands
    • Title: Intellectual Property and Advertising Law, confusing slavish imitation of someone else's product in the light of Art. 6:193 a-j and art. 6:162 Dutch Civil Code.
    • Subtitle:
    • Type:
    • URL:
    • Author: P.G.F.A. GEERTS
    • Reference: Intellectuele Eigendom en Reclamerecht, Het verwarringwekkend slaafs nabootsen van andermans product in het licht van art. 6:193a-j BW en art. 6:162 BW, IER 2013/1
    • Publication Year: 2013
    • Keywords: general scope of the UCP Directive, imitation
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6
  • Headnote
    In this article, Geerts elaborates further on his opinion that slavishly copying products, which causes confusion, falls within the scope of the UCP Directive.

    Confusing slavish imitation aimed at consumers is considered to be a commercial practice within the meaning of the UCP rules. It is hard to say whether this should also be considered as unfair. UCP rules do not label slavish imitation as an unfair commercial practice; they rather relate to accompanying circumstances (the "marketing messages"). Geerts mentions that the appearance of the product itself could be considered as "marketing message". In short, his conclusion is that UCP rules provide for possibilities to challenge slavishly imitation.

  • General Note
  • Related Cases

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