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REVISTA LEX MERCATORIA Doctrina Praxis Jurisprudencia y Legislación
Article . 2025 . Peer-reviewed
License: CC BY NC SA
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LA PROTECCIÓN JURÍDICO CONCURRENCIAL DE LA PROPIEDAD INDUSTRIAL

Authors: Massaguer Fuentes, José;

LA PROTECCIÓN JURÍDICO CONCURRENCIAL DE LA PROPIEDAD INDUSTRIAL

Abstract

One of the topics covered in the Law against Unfair Competition is the application of the prohibition of unfair competition to practices consisting of the exploitation of products, services and distinctive signs protectable by industrial property rights, both in cases where they have not been protected and in those where they are in fact protected at the time the challenged practice is carried out, or where they were protected in the past. Case law has addressed this matter in accordance with the so-called “principle of relative complementarity,” initially proposed by a segment of the Scholars. This paper is dedicated to studying the legal basis of this principle, its formulation, its implications and limits, as well as the most notable groups of cases.

Keywords

Unfair competition, CDU::3 - Ciencias sociales, Unfair imitation and confusion, Competencia desleal, Imitación y confusión desleales, Propiedad industrial, Industrial property

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green
gold