What protects a product when no registered right does?
That was the question at an afternoon session hosted by AIPPI and GRUR at the Grand Elysée Hotel in Hamburg. The answers turned out to differ considerably from country to country.
Simona Lavagnini of LGV Avvocati gave a brilliant presentation of the Italian approach, where slavish imitation under Art. 2598(1) of the Civil Code has served as an effective tool. Géraldine Arbant explained the French doctrine of parasitism, and Marcin Fijałkowski addressed the Polish Act on Combating Unfair Competition. Karsten Königer moderated a discussion that went beyond legal technique and touched on why these systems developed as they did: different views on originality, on the value of craftsmanship, and on where fair imitation ends.
For anyone advising on cross-border enforcement, the comparison was a fascinating reminder that a strategy working in one jurisdiction may not work in the next.
Thanks to the organisers and speakers. More on our work in this area: Unfair competition
