By Gintarė Surblytė (eds.)
Undeniably frequent and strong because it is, the web isn't almighty: it might probably achieve as excessive because the skies (cloud computing), however it can't break out pageant. but, safeguarding pageant in “the community of networks” isn't with out demanding situations: not just are aggressive methods in platform-based industries complicated, so is festival legislations research. The latter is usually challenged through the problems in predicting the end result of festival, specifically by way of innovation. Do the explicit pageant legislation concerns in a electronic surroundings presuppose a reconsideration of pageant legislations recommendations and their software? Can present festival legislation instruments be adjusted to the frenzy speed of dynamic industries? To what volume may perhaps pageant legislations be supplemented via law – is the latter a foe or really an best friend? This e-book offers an research of contemporary advancements within the such a lot proper festival legislations instances in a electronic surroundings on either side of the Atlantic (the european and the USA) and assesses platform pageant concerns from a criminal in addition to an financial element of view.
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Their belated, collective, “last resort” reaction was absolutely necessary in their eyes, and perhaps, even good for competition in the then nascent e-book market, but such a concerted move is hardly what competition policy is supposed to promote or even tolerate. 4 Vertical Restraints Between the Online and the Offline World Unsurprisingly, the so-called digital disruption also engenders new dynamics between brick-and-mortar retailers and online offerings, of both analogue and digital content.
59 Perhaps even more importantly, direct consumer knowledge could make at least part of the offline pre-sale services provided by retailers much less important. The consumer can find out most of the relevant information just searching the Internet, but this, it seems, still crucially depends on the complexity of the service or product at issue. The Kindle e-reader itself, however, could represent a very good example of the Internet having at least diminished the importance of knowledgeable retail staff in guiding the choice of novel or complex information-sensitive products.
This is equally deleterious, no matter at which end of the chain of distribution the restriction is imposed. It is also true that Pierre Fabre is not concerned with intellectual property rights, whereas Copad v Dior is. At a deeper level, however, the two cases converge: trade marks govern the branding of products and thus the easy recognition of goods by consumers, in competition with other goods that vie for buyers’ attention. , certain pre- or after sales services, or the image of products. Both are, therefore, specific ways of shaping the conditions of competition on a given market; both allow those granting trade mark licences or selecting distributors to create a niche for their products in which they are to some extent shielded from competition, at least more than undistinguished goods or distributors.