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chap11
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1992-10-11
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Unfair Competition and Related Rights
In the United States, federal law protects exclusive
rights in patents, trademarks, copyrights, and mask works.
Other intangible property such as trade names and business
goodwill, trade secrets, and know-how are protected against
unfair competition by Federal and state law.
Most developed countries have unfair competition laws
similar to those of the United States, although details
vary. The European Community, for example, bans
"restrictive business practices" that would deter trade
among the countries of the Community.
Not all countries have unfair competition laws, and
even in some countries that do have them, ideas of public
policy may conflict with the accepted principles of the
developed nations. Protection for trade secrets of
valuable unpatented technology may be inadequate. Most
developed countries will enforce a written agreement not to
divulge a trade secret, for example, while such an
agreement may conflict with the transfer of technology laws
of some developing countries. Before divulging any
information which could be helpful to a potential
competitor, it would be wise to investigate the protection
available in the recipient's country and in any country
which may be a potential market.
Social and economic policies may also affect the value
of intellectual property. Some countries restrict the right
to do business unless the foreign concern assists in
meeting certain goals. Typical examples include
requirements for generic labels of comparable size with the
trademark, requirements for local working of patented
inventions, better treatment for businesses with local
ownership, and restrictions on intellectual property
licensing arrangements. In addition, health and safety
regulations may require submission of proprietary
information to the authorities, without restricting access
to it by local competitors. The best rule to follow is,
investigate before you invest.