{"id":6700,"date":"2022-08-22T10:55:33","date_gmt":"2022-08-22T08:55:33","guid":{"rendered":"https:\/\/www.copyright.eu\/docs\/unfair-competition-for-the-protection-of-a-concept\/"},"modified":"2022-08-22T10:55:34","modified_gmt":"2022-08-22T08:55:34","password":"","slug":"unfair-competition-for-the-protection-of-a-concept","status":"publish","type":"docs","link":"https:\/\/www.copyright.eu\/en\/docs\/unfair-competition-for-the-protection-of-a-concept\/","title":{"rendered":"Unfair competition for the protection of a concept"},"content":{"rendered":"

In the absence of a private right on the concept, an indirect means of defensive protection<\/b> would be through unfair competition<\/a>. This is a notion from competition law, which seeks to regulate relations between economic actors. It does not protect the concept as such, but rather provides a means of dealing with usurpation.<\/span>

Indeed, free competition<\/b> is valid as long as professionals do not engage in unfair practices, i.e., practices that are contrary to professional customs and that aim to harm their competitors. This is known as unfair competition. <\/span>

Although this behaviour is not defined by any Code, the acts which constitute unfair competition are reprehensible on the basis of extra-contractual civil liability under articles 1240 and 1241 of the French Civil Code<\/b>. The conditions and acts have been defined by case law. It should be noted that it is possible to bring an action for an infringement at the same time as an action for unfair competition in a subsidiary manner, depending on the rights held by the victim company, thus enabling action to be taken on a criminal level. <\/span>

This abusive commercial practice can be proven by the cumulation of three conditions<\/b>: <\/span><\/span><\/p>\n