Revisiting the Japanese Unfair Competition Law: post-Bellure

Onishi, Hiroko (2011) Revisiting the Japanese Unfair Competition Law: post-Bellure. European Intellectual Property Review, 33(6), pp. 368-374. ISSN (print) 0142-0461

Abstract

Discusses the European Court of Justice ruling in L'Oreal SA v Bellure NV (C-487/07) on the protection of a well-known luxury brand against infringement by the sale of products described as similar by reference to comparison lists, compares the protection of well-known brands under the Japanese Unfair Competition Prevention Act 1934, reviews Japanese case law, and examines whether the owners of famous trade marks should qualify for a higher level of protection in Japan.

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