From So-called 'Right of Publicity' to 'Unfair Competition' (II) - Use For Trade Purposes, Unfair Trade Practices, and Freedom of Expression -

2021 ◽  
Vol 66 ◽  
pp. 321-365
Author(s):  
Junu Park ◽  
Keyword(s):  
Freedom Of Expression ◽  
Unfair Competition ◽  
Right Of Publicity ◽  
Unfair Trade

In Search for a Jurisprudential Justification for the Recognition of a Right of Publicity in Kenya

2020 ◽  
Vol 69 (6) ◽  
pp. 585-615
Author(s):  
Moses Muchiri
Keyword(s):  
Common Law ◽  
Hybrid Approach ◽  
Privacy Rights ◽  
Legal Practice ◽  
Judicial Decisions ◽  
Personality Rights ◽  
Right Of Publicity ◽  
The World ◽  
Unfair Trade ◽  
Trade Practice

Abstract Publicity rights fall in the intersection between classic intellectual property rights law, unfair trade practices law and privacy rights law. This is an area that has recently witnessed notable judicial decisions in Kenya which have not gained ample exposure and is therefore worth looking into as an area for potential emerging jurisprudence. A look at the existing practices across different jurisdictions in the world reveals various positions and approaches with respect to publicity rights. On one hand, there are jurisdictions in which publicity rights are categorized within the broad spectrum of personality rights, while in other jurisdictions these rights are treated as proprietary rights. Some jurisdictions also take a hybrid approach that amalgamates both proprietary and personality rights approaches. Publicity rights cut across four broad legal areas: tort, property, privacy and unfair trade practice law. These rights also have common similarities with copyright and trademark rights, although they are not synonymous. A significant number of countries which recognize a right of publicity have a mixture of elements of these areas, either as a form of common law approach based on the tort of passing off, or specific statutory enactments on publicity rights. Legal practice and development in each jurisdiction must be considered in the knowledge that each country has developed specific publicity rights mechanisms in response to the socio-economic needs and realities existing in its particular jurisdiction. This study surveys the legal landscape with respect to development of personality rights in Kenya. It also takes a brief look at several other select jurisdictions in an attempt to answer the question whether there is a jurisprudential justification for the recognition of a publicity right in Kenya.

Rethinking Unfair Competition Justifications in Brazil

2020 ◽  
Vol 69 (1) ◽  
pp. 28-34
Author(s):  
Juliana Krueger Pela
Keyword(s):  
Unfair Competition ◽  
European Law ◽  
Unfair Trade ◽  
Competition Rules ◽  
Ethical Criteria

Abstract Curbing unfair competition is usually justified in Brazil by the need to avoid unfair trade practices. These are defined in accordance with ethical criteria for the purpose of securing the interests of competitors. This article summarizes and scrutinizes such traditional justifications for unfair competition prohibition in Brazil. It seeks to contribute to the improvement of the unfair competition rules in Brazilian law, drawing on the reflections of Reto M Hilty concerning the harmonization of European law in this area.

scholarly journals The Defective Transposition Of Directive 29/2005/EC On Unfair Trade Practices To Spanish Law

2011 ◽  
Vol 15 (5) ◽  
pp. 81-86
Author(s):  
Ma Angeles Zurilla-Carinana
Keyword(s):  
Detailed Analysis ◽  
Legal System ◽  
Unfair Competition ◽  
Regulatory Control ◽  
Commercial Law ◽  
Consumer Law ◽  
Spanish Law ◽  
Unfair Trade ◽  
State Legislative

Directive 29/2005/EC aims at the approximation of the regulations of Member States as regards unfair trade practices, including unlawful advertising. The transposition of this Directive to the Spanish legal system was made by means of 29/2009 Act. This Act reformed a number of laws including the Unfair Competition Act and the Consolidated Text of the General Act for the Defence of Consumers and Users. The classification of conduct that is forbidden in consumer Law, as regards unfair trade practices, is made directly by the state legislative, based on its exclusive responsibility regulating Commercial Law, and specifically, through the Unfair Competition Act, to which the whole of the CTGADCU (Consolidated Text of the General Act for the Defence of Consumers and Users) refers. The reasoning behind this option of the legislative is clear: to prevent the Autonomous Regions from enforcing regulatory control over the development of the protection of consumers and users. Nevertheless, the complexity of the system for the transposition of the Directive by 29/2009 Act gives rise to truly paradoxical situations: the detailed analysis of inconsistencies involved in the transposition method used for the Directive is the main focus of this work.

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