JOURNAL ARTICLE

Unfair competition in MERCOSUR and the challenges of new technologies.

  • Published In: Journal of Intellectual Property Law & Practice, 2024, v. 19, n. 2. P. 185 1 of 3

  • Database: Legal Source 2 of 3

  • Authored By: Barcellos, Milton Lucídio Leão 3 of 3

Abstract

This article examines unfair competition practices in MERCOSUR countries, focusing on traditional behaviors such as creating confusion, discrediting, misleading allegations, and other unfair acts, alongside emerging challenges posed by new technologies. It highlights that MERCOSUR nations, including Brazil, Argentina, Paraguay, and Uruguay, apply open-ended legal frameworks based on Article 10bis of the Paris Convention to regulate unfair competition, with case law evolving to refine these concepts. Recent judicial decisions, particularly in Brazil, address the responsibility of online platforms like Google in unfair advertising practices, emphasizing the need for transparency and ethical conduct in digital environments. The article underscores the importance of balancing free competition, consumer protection, and intellectual property rights while adapting legal responses to technological advancements.

Additional Information

  • Source:Journal of Intellectual Property Law & Practice. 2024/02, Vol. 19, Issue 2, p185
  • Document Type:Article
  • Subject Area:Politics and Government
  • Publication Date:2024
  • ISSN:17471532
  • DOI:10.1093/jiplp/jpad104
  • Accession Number:175621432
  • Copyright Statement:Copyright of Journal of Intellectual Property Law & Practice is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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