Thèses sur le sujet « Concurrence déloyale – Droit »
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Brunet, Annabelle. « Le droit de la concurrence déloyale en Espagne ». Perpignan, 2008. http://www.theses.fr/2008PERP0839.
Texte intégralThe law governing the unfair competition in France is based on a body of legal precedents. Despite its ability of constant adaptation, this law appears to have reached its limits. Through the Spanish example, we are looking for the best legal options to settle the issue of unfair competition in France. The Spanish act from 1991 is relatively new but we can however study the results of its practice during the last decades. The study of this law in the Spanish legal ordering, and especially its links with the competition law and the free enterprise principles, enables us to test its efficiency with regards to the new interests which can be obtained by abusive behaviours. The Spanish law orientations on unfair trading definition and abusive behaviour monitoring can be a source of inspiration for the French lawmakers
Pinet, Marcia. « Le droit de la concurrence déloyale en droit privé québécois ». Thesis, University of Ottawa (Canada), 1989. http://hdl.handle.net/10393/5870.
Texte intégralCoureault, Elisabeth. « La concurrence déloyale en droit international privé communautaire ». Thesis, Nancy 2, 2009. http://www.theses.fr/2009NAN20007/document.
Texte intégralSalah, Dina. « La concurrence déloyale : étude comparative du droit français et droit égyptien ». Montpellier 1, 2003. http://www.theses.fr/2003MON10020.
Texte intégralHu, Congzhen. « Le droit chinois de la concurrence déloyale : première approche sino-française ». Perpignan, 2014. http://www.theses.fr/2014PERP1162.
Texte intégralChina and France have two different approaches concerning the law of unfair competition; where China has established a special legislation, France depends only on the civil liability law. This thesis is a comprehensive study of the legal system in China. The examination of the law of unfair competition in terms of French and other European rights will be considered in two aspects: theory and regime. It would be advantageous to study the Chinese text of 1993, which is recent but continues to pose a number of problems when put into practice. Thus, there is a need to revise the law and the process leading to a revision is currently underway. Through this study, the major differences between the Chinese and French laws will be demonstrated, but some common ground will also be pointed out. It will also consider the possibility for the Chinese law − under the opportunity of revision and facing the new anti-monopoly Law of 2007 to develop the system of unfair competition in China, permitting an effective enforcement against unfair competition in its national and international dimensions
Texier, Muriel. « La désorganisation : contribution à l'élaboration d'une théorie de la désorganisation en droit de l'entreprise ». Perpignan, 2005. http://www.theses.fr/2005PERP0631.
Texte intégralThe appearance of the legal notion of disorganization is linked to the apprehension in Law of economic activities. Evolving praetorian creation, the disorganization is a pluridisciplinary notion often used, but too vaguely defined. Our survey tends to clarify the concept and to delimit the functioning in order to disclose the existence of a true general theory of disorganization in company law. Presenting a definition of the terminology means overcoming several difficulties, that is, to detect the legal nature, so far debated - and to find the precise criteria of disorganization. The disorganization appears as a significant and illicit damage sustained by an economic organization, formed by the loss of a certain element of the organization or by the loss of a competitive value being necessary in this functioning. The negative effect of the emergent notion linked to the not totally mastered application, giving way to a pertinent concept marked with coherence. Preserving the different economic liberties will lead to a differentiated and rigorous appreciation of the conditions of the disorganization. The present appreciation enforces the concept because of the remarkable nature of the effects
Puttemans, Andrée. « La protection des droits intellectuels par l'action en concurrence déloyale ». Doctoral thesis, Universite Libre de Bruxelles, 1999. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211952.
Texte intégralSefiane, Hanane. « L’opposabilité et l’action en concurrence déloyale ». Thesis, Paris Est, 2011. http://www.theses.fr/2011PEST0072.
Texte intégralLaw rules relations between individuals. From an economic angle, it defines an activity range for each operator. Our research work aims at studying the french concept of “opposabilité” in a competitive background. The question is about analysing the effects of a contract or an exclusive right regarding third competitors; and the reconciliation proceeding that is the action on unfair competition. We will attempt to draw a criterion from unfair behaviour that enables a better analysis of the effect of competitive action on a market and therefore on this market's own operators, to adapt the “opposabilié” degree to allow protection of some and preservation of freedom for others
Onifade, Aziz Kolade. « Étude comparative de l'acte de concurrence déloyale au Bénin et au Nigeria ». Paris 1, 2008. http://www.theses.fr/2008PA010262.
Texte intégralMartin, Marielle. « Le droit français de la transparence et des pratiques restrictives ». Paris 2, 2009. http://www.theses.fr/2009PA020098.
Texte intégralFlandrois, Cécile. « La loyauté dans la concurrence ». Lyon 3, 2002. http://www.theses.fr/2002LYO33027.
Texte intégralNdao, Oumoul Khaîry. « Le droit comparé de la contrefaçon et de la concurrence déloyale : l'exemple de la France et du Sénégal ». Thesis, Toulouse 1, 2015. http://www.theses.fr/2015TOU10062/document.
Texte intégralThe offenses of counterfeiting and unfair competition have become scourges in modern economic world. Rich countries and developing countries are affected by this issue. Lawmakers and judges have tried in France and Senegal, to find a solution. It consists of the establishment of various sanctions. Studying the right legal actions surrounding these two offenses is a way to explore this regulation in a comparative approach. The analysis aims to raise the level of effectiveness of the texts and jurisprudence, suggesting some steps or changes
Mansur, Murad Schaal Flavia. « Le nom et l'image de la personne, objets de marque : le droit brésilien face aux droits français et communautaire ». Thesis, Université de Lorraine, 2012. http://www.theses.fr/2012LORR0407.
Texte intégralThis study develops marketing aspects, as well as law issues connected with the use of the name of a person as well and/or its image, as a trademark of products or services.In law, we know that the trademark is an industrial property right and when it is composed by the name of a person or by it's image, these rights touch another area of the law: personal rights connected with the identification of the person. It is an individual right which shall not purely and simply be treated like a commercial good like any other. However the name and the image of certain people have such an economic importance, and a special value, that their exploitation becomes one of the most considerable assets of its owner.The trademark will be observed on the marketing side in a manner to attract the clients, and then be developed according to the law aspects and to the personal civil rights, real rights and its forms of exercise.A deeper study of the personality rights and the trademark law is essential to understand this intersection of protection as well as the limits of exploitation.France and Brazil develop this issue in a very similar way and, mainly in Brazilian law, we notice a very important influence of French law in the subject matter. The procedure, prosecution and litigation aspects as well as the counterfeiting are also being developed, as well as the unfair competition, abusive use of third parties' personal rights, protection and exploitation
Yang, Dae-Seung. « La protection des marques par les actions en contrefaçon et concurrence déloyale en droit comparé français et coréen ». Paris 1, 2007. http://www.theses.fr/2007PA010281.
Texte intégralRiem, Fabrice. « La notion de transparence dans le droit de la concurrence ». Nice, 2000. http://www.theses.fr/2000NICE0046.
Texte intégralNguyen, Huu Huyen. « L' influence du droit français et communautaire de la concurrence sur le droit vietnamien de la concurrence ». Montpellier 1, 2008. http://www.theses.fr/2008MON10058.
Texte intégralMezaguer, Mehdi. « L'approche transactionnelle en droit Antitrust de l'Union européenne : recherche sur un exercice transactionnel de l'autorité publique ». Thesis, Toulouse 1, 2013. http://www.theses.fr/2013TOU10057.
Texte intégralThe « transactional approach » is a radical change in Antitrust law of the European Union. It represents a movement of cases resolution based on mutual concessions between public authority and economic entities. The development of this approach was first born informally, and has been progressively formalized around leniency procedures, commitments and settlements. All of these procedures represent a transactional movement while tending to become the main source of Litigation in Antitrust law.Anyway, this development may have some risk of drift, especially with regard to the fundamental rights of the proceedings and the eviction of the judge. Therefore, its growing development justifies a major institutional reform
Lindgren, Joséphine. « La gratuité en droit de la distribution ». Montpellier 1, 2005. http://www.theses.fr/2005MON10043.
Texte intégralBelmokhtar, Nabil. « Dénigrement et professions libérales ». Perpignan, 2012. http://www.theses.fr/2012PERPXXXX.
Texte intégralThe economic evolution and the national rights mutations, under european influence, have bind liberal professions, submite to hard disciplinary rules, to manage with the economic unloyalty. Unloyal competitive act, denigration has extremely harmful consequences to their professional activities. But, when this proceed hold on a profession that public high esteem is the essential their activity, the punishment must be more efficient. The competitive professional or profession damage, du to denigration must be never rightable. The punishment way must be agree with protected interests
Saint-Martin, Axel. « Créations immatérielles et responsabilité civile : Le recours à la responsabilité civile délictuelle de droit commun pour la protection des créations immatérielles ». Montpellier 1, 2006. http://www.theses.fr/2006MON10040.
Texte intégralHadrich, Rabaâ. « La protection de la marque en droit tunisien ». Université Robert Schuman (Strasbourg) (1971-2008), 2007. http://www.theses.fr/2007STR30003.
Texte intégralThe new law related to the trade mark protection, to commerce and to services has been put into practice since April the 17th, 2001. This law has deeply changed the Tunisian concept towards the legal right of trade marks. The study of the trade mark protection in the Tunisian law has allowed us to check the efficiency of the tools been set up by the 2001 law to ensure a good protection of the trade mark and to fight against the growing rate of illegal, not branded goods in commerce. It has also allowed us to question the ability of the 2001 law to overcome the common problems through introducing new measures such as in advance checking, opposing and law expiration. It has also allowed us to question the extent of the evolution of structures responsible for putting into practice the reforms being brought by the new trade mark law. It has ultimately let us check if the new law goes hand in hand with the market needs at the national level as well as at the international one
Caulier-Mathy, Nicole. « Les valeurs du droit privé face à l'esprit de lucre ». Lille 2, 1997. http://www.theses.fr/1997LIL20020.
Texte intégralReferences to ethics and loyalty are numerous in business law. This phenomenon results from the fact that disloyal behaviour on the part of an individual hurts a great number of people: partners, associates, competitors, suppliers and customers. Business law has several characteristics: rigour, which is, required of the tradesman or director, the importance granted to the freedom of parties, safety. Some great values of our system of private law such as freedom of private property do not take on exactly the same meaning in business law. The aim of this thesis is to present the values of private law confronted with the idea of what is lucrative. The first idea developed is that speculation is not void of moral value. Seeking profit is legitimate and the genesis of profit is freedom. The latter is not only, as in the other branches of law, freedom of the individual. Equality and ownership are values, which are subordinate to freedom. The requirement for confidence, the second main idea of this thesis, takes no an essential aspect in business law: confidence attracts customers. It is an argument in negotiation. It implies respecting others' values: truth and reliability. The truth is turned towards profit: the occult, secret, and advantageous presentation of a product through promotional advertising, are permitted. Reliability means significant responsibility on the part of all actors in business law : the auditor, banker, company leader, company boss, shopkeeper. Being wary is a quality, which is required of the shopkeeper. Moral requirements, integrally part of business law, are freedom and confidence and, to another degree, equality, private property, truth and reliability
Gaftoniuc, Cadinot-Mantion Hélène. « L'influence de la concurrence sur le droit social au sein de l'Union européenne ». Poitiers, 2008. http://www.theses.fr/2008POIT3011.
Texte intégralSocial law is nowadays unavoidably confronted with the notion of competition and with the enforcement of competition law. The coexistence between competition and social law can be illustrated by the tolerance of competition towards the social law, which is increasingly open to its influence. However, this coexistence should not occult a certain risk of conflict between competition and social law. This risk is emphasised by unfair competition and by the negative effects of entreprise restructuring in the competence area of social law. As one can witness today, the role of competition is increasingly higher. Therefore, it becomes necessary to find the means and solutions in order to minimise the negative effects of competition on social law. The negative impact of competition cannot be fought by a single means. A convergent action of European and national authorities is required, as well as the involvement of employers and trade unions
Massoni, Paul-Philippe. « Le dénigrement ». Paris 1, 1993. http://www.theses.fr/1993PA010292.
Texte intégralThe denigration can be defined as "all pejorative action made in order to discredit publicly a business corporation or a profession to influence the consumers". Two kinds of denigration can be distinguished : competitive and extra-competitive. The competitive denigration exists between two actors having a shared clientele. Its demonstrations are numerous : comparative advertising, anticpated advertising for a process under a competitor. . . A lawsuit can be involved for unfair competition or on the basis of the registred trademarks law. The extra-competitive denigration exists between two actors without any shared clientale. The authors of extra-competitive denigration are generally journalists and consummers associations
Sardain, Frédéric. « La propriété intellectuelle à l'épreuve du logiciel : l'exemple des interfaces ». Poitiers, 2002. http://www.theses.fr/2002POIT3009.
Texte intégralAltindag, Selçuk. « La coopération communautaire face à la concurrence fiscale dommageable ». Paris 13, 2007. http://www.theses.fr/2007PA131038.
Texte intégralThe Member States and the European Commission deliberate ad hoc and indicate the unfair tax practices. Their action depends on the procedures provided for in the Treaty with regard to State aid and harmonization issues. Thanks to the Community objectives of competitiveness, economic and social cohesion, the fair tax competition is regulated. The Member States differ in employment and territory valorization issues. That extends beyond the level of local communities, with the coordination of the regional aid and the transnational co-operation. The repression of tax delocalization is a restriction on freedom of movement. The fight against international tax fraud and evasion has not yet become a general principle of community law. The CJCE accepts some exceptions, such as the abuse of rights and the imperative reasons of public interest. A supranational judicial body being able to coordinate the mutual assistance provided by the Member States would open the way to a jurisdictional control which would be involved in the relations between the co-operating tax authorities, and would further place the rights of the taxpayer under an EC protection
Ferreira, Christophe. « Les pratiques commerciales déloyales à l'aune des droits anglo-américains : approche comparative ». Thesis, Perpignan, 2015. http://www.theses.fr/2015PERP0035/document.
Texte intégralEconomically and politically, the Western society is led by two main sets which are the European Union and the United States of America. Juridically, this distinction matches with a more general one wich can be observed between traditional romano-germanic states and those submitted to the common law. Nowadays, this distinction tend towards disappearance because of the intermingling of these two legal systems. Indeed, regarding the form first, common law states resort more and more to statutory laws, and conversely, traditional romano-germanic laws leave a growing room for the case law, and especially, for the jurisprudence of the European Court of Justice. In substance then, because those two legal systems correspond to two economic systems unified around a market economy. They want to protect it against damaging behaviours for consumers, competitors, and in fine for the market itself But this protection require in particular to order fairness during the use of business-to-consumer commercial practices. That is why, the European Parliament and the Council, announced a directive concerning unfair business-to-consumer commercial practices in the internal market, which contains maximum harmonisation provisions about unfair commercial practices, but without provisions about their juridical regime. Then, it seems necessary to compare the European system with the American one, especialy with the consideration of the theory of the economic torts, in order to study if these two can enrich each other. So, it will be demonstrated that if the classification follows the same arguments on either side of the Atlantic, the responses to those behaviours is more contrasted
Kwon, Han-Yong. « Les réactions à la concurrence déloyale au plan international : l'exemple des relations entre la Communauté européenne et les pays asiatiques ». Paris 10, 2000. http://www.theses.fr/2000PA100193.
Texte intégralChantérac, Véronique de. « La réservation des créations publicitaires ». Montpellier 1, 1986. http://www.theses.fr/1986MON10020.
Texte intégralYayi, Lipem Joseph Emmanuel. « Essai sur la recherche d'un régime juridique du commerce électronique dans les pays francophones d'Afrique subsaharienne ». Nantes, 2015. http://www.theses.fr/2015NANT4006.
Texte intégralElectronic commerce refers to all economical transactions through electronic networks by any person, even if those to whom they are intended receive no financial consideration. Electronic commerce is beyond the law. This does not mean that online exchanges are devoid of any particularity. Electronic commerce does not create a new right. It leads to the emergence of new concepts, new practices, new relationships that appear in a cyberspace environment devoid of any corporeality. The e-commerce system is split depending on whether access to exercise. Access to e-commerce is subject to traditional law. The situation is different when reflection is toward the realization of trade. The difficulties posed by the conclusion and implementation of e-commerce contract require new solutions. The offer and the acceptance of electronic undergo mutations that distinguish them from conventional conditions of contract. Technical intermediation whose exercise engages a distinct lean responsibility of the responsibility of other internet service providers. Dematerialization and internationality internet disrupt the geographic location of operations and the objective connecting litigation. These obstacles the normative and jurisdictional connection directed faces invigorate the prestige of autonomy in determining the law and the competent judge for e-Commerce disputes
Belazzoug, Safia. « De la rémunération du travail, étude croisée entre droit du travail et droit de la concurrence ». Thesis, Montpellier, 2016. http://www.theses.fr/2016MONTD049.
Texte intégralThis study aims to comprehend the nature of the use of labor remuneration by business leaders. The analysis of this element of the employment contract in terms of competition law and labor law reveals that it has become a strategic tool used for purely competitive reasons. The most obvious examples are those of the disorganization of the rival company or social dumping. This fact has been a worrying rise in the EU causing a race to the social lowest bidder at the expense of employees and efficiency of the internal market. Notwithstanding, this pre-eminence rule of competition law, labor law has successfully set limits for entrepreneurs reminding them the crucial nature of the remuneration and all the importance to give it a specific protection. Rebalances then permit to put into perspective the primacy of economic law. It now needs to be encouraged through the adoption of more constraining measures. In this study several measures are suggested. First, the creation of a labor inspectorate specialized in the fight of detachment fraud who would have logistics and sanctions means adapted to the peculiarity of this process. Additionally, based on the given definition of social dumping, to implement a penalization procedure for this behavior. All these recommendations tend ultimately to the emergence of a renewed and balanced interdisciplinary coalition that would benefit both employees and their employers
Tahiri, J. H. Fatim-Zahra. « La protection de la marque en droit comparé franco-marocain à travers l'influence de la jurisprudence européenne ». Perpignan, 2014. http://www.theses.fr/2014PERP1182.
Texte intégralIn Morocco, as in France, launching a brand requires a legal framework to protect it. A brand’s protection procedure covers various aspects such as terms of validity, mandatory registration procedures and terms and conditions for rights transfer. This thesis about brand creation and development is the result of market analysis including e-commerce. With regards to e-commerce brand protection, a development strategy using internet domain names, while advantageous, also reveals many legal loopholes. Given the absence of a clear legal framework and the need to rely on case law to defend a brand, protection becomes a recurrent concern for owners. Once introduced to the market, a product can see its uniqueness undermined. Counterfeiting and unfair competition constitute the principal threat to a brand and one of the major means through which this occurs is fraudulent e-commerce; in addition to more conventional types of counterfeiting. But the latter, often tied to organized criminal networks, is fought using customs measures and international coordination. Globalization has given new meaning to the free-market economy and e-commerce brings new threats to brand protection. Brand protection in France has been strengthened, thanks to the close ties built between consumer rights and trademarks. Initially established through local laws and European case law, these ties gradually led to the establishment of European trademark laws. One feature is the idea of exhaustion of trademark rights, which can often predict the brands of the future. This analysis pleads for the strengthening of trademark/copyright laws in both countries with an emphasis on e-commerce
Castel, Myriam. « Sous-traitance et droit du travail : essai sur la responsabilité du donneur d'ordre dans le réseau d'entreprises ». Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10026.
Texte intégralSince the beginning of twentieth century, subcontracting has fundamentally changed the way productions are organized. Subcontracting offers a gain of productivity and flexibility for corporations. It also provides workforce and thereby reduces drastically the costs. Furthermore, the corporation veil prevails purchasers from work related liabilities. Nowadays, with the European single market, and especially the use of the freedom of establishment and the freedom of services, it has become easier for firms to develop the productive network offshore and to postpone workers from others Member States. These evolutions turn out to be the source of many industrial accidents, revealing the accentuated risks of subcontracting for workers. Therefore, the matter of how to protect subcontractors’ workers and to reduce the risks generated by the subcontracting process has arised. The only way to create a sustainable network of subcontractors is to enact common values through the contract and to implement legislations on shared liability of all the players. The purpose of this essay is to study the legal tools to develop corporate social governance in the subcontracting network and the effects of this liability on Labour Law and Tort Law
Bouvel, Adrien. « Le principe de spécialité dans le droit des signes distinctifs : contribution à l'étude de la liberté du commerce et de l'industrie ». Paris 2, 2002. http://www.theses.fr/2002PA020110.
Texte intégralFortunato, Aurelien. « Clauses et pratiques restrictives de concurrence ». Thesis, Lille 2, 2016. http://www.theses.fr/2016LIL20009/document.
Texte intégralGenerally, the law is careful to distinguish between the clauses, part of a legal act, and practices, that are legal facts. Yet, the law about restrictive competition practices seems to realise an assimilation of these two concepts, and provide the classification of a clause in restrictive competitive practice. The study analyses the classification of a clause into practice by proposing a criterion and pondering its effects: possible challenge clauses on the bases of the right of restrictive practices. By inviting a reflection on this aspect of the law of restrictive practices, it is also to question the aims of this particular law, as well as on the possibility of a better integration of the challenge clauses in a law about unfair trade practices between professionals in construction
Gac, Maciej. « Group litigation as an instrument of competition law enforcement : analysis based on European, French and Polish experience ». Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10032.
Texte intégralPeisson, Daphné. « Regards croisés du juge et du publicitaire sur le consommateur moyen ». Montpellier 1, 2008. http://www.theses.fr/2008MON10046.
Texte intégralGodard, Lénaïc. « Droits des pratiques anticoncurrentielles et des pratiques restrictives de concurrence ». Thesis, Université Paris-Saclay (ComUE), 2019. http://www.theses.fr/2019SACLV063.
Texte intégralThe purpose of the research topic is to study the relationship between Competition Law and Unfair trading practices Law. At first glance, these two parts of competition law stand out. The Competition Law is composed of a small number of general and permanent rules designed to protect competition on the market where the Unfair trading practices Law rests on a rather heterogeneous set of rules and evolves according to frequent reforms aimed at to protect competitors from abuses by their trading partners. Yet a rapprochement of these Law is perceptible. On the one hand, he intervened with the notion of company. Presented as the subject of the Competition Law, it gradually became the subject of the Unfair trading practices Law. On the other hand, a reciprocal interference of rights is emerging. In apprehending the abuse of economic dependence, the Competition Law impinges on the purpose pursued by the Unfair trading practices Law. The latter, because of a jurisprudential evolution conferring upon it an objective of protection of the functioning of the market and competition, also interferes with a purpose which does not devolve upon it. Evolutions then appear necessary in two respects. The first is to propose to reduce the competition law to the sole right of anti-competitive practices. The use of abuse of a dominant position or anticompetitive agreements already makes it possible to apprehend unfair trading practices. The refocusing of competition law is also an opportunity to rethink the rules relating to the regulation of prices that are unreasonably low.The second deals with a reconstruction of the Unfair trading practices Law. It is to become an Unfair practice between companies Law. This proposal elaborates on the changes made by Ordinance No. 2019-359 of 24 April 2019. A new positioning in the Commercial Code is suggested as a consequence of its exit from Competition Law. The design of a new law designed to regulate contractual abuses between companies is an opportunity to return to the links established with Contract Law. It maintains, with this one, links of complementarity. It is then necessary to reinforce the rules governing its implementation. A convergence with those that make up the Competition Law is envisaged because of the wealth of tools it contains. On the one hand, their spread within the Unfair practice between companies Law will be an opportunity to modernize the mechanisms of public action by providing procedures to facilitate the detection of abusive practices or strengthening the effectiveness of the repression. This is also reflected in the transformation of the CEPC into an authority with advisory and sanctioning powers. On the other hand, the Competition Law constitutes a source of inspiration for the elaboration of rules intended to favor the development of the actions in reparation due to an unfair practice between companies and takes shape on different levels: by the consecration of provisions to improve the articulation with the objective litigation, by the incorporation of measures simplifying the actions in repair
Ghorayeb, Chirinian Nadine. « La protection juridique des signes distinctifs sur Internet ». Paris 5, 2003. http://www.theses.fr/2003PA05A001.
Texte intégralThe birth and the growth of the Internet network have raised some legal problems. Indeed, the number of litigations concerning the use of trademarks, trade names, corporate names, label of origin, indications of origin, family names, pseudonyms, names, called in french "les signes distinctifs" hereinafter as "distinctive signs" has increased since then. Those distinctive signs may be used : within a web site, domain names, metatags, search engines etc. Domain name is a new kind of distinctive sign which appeared at the same time than the internet, and allows its access. For long, some thougt that the traditionnal legal protection rules would not insure enough protection to the distinctive signs. The courts have demonstrated the contrary while applying the traditionnal legal rules (law of torts, unfair competition, infringment etc) ; or they created a sui generis law in certain case. The courts have consequently built case law within the framework of domestic french law, and private international law. Subsequently, another alternative mode of resolving the disputes concerning certain distinctive signs used in the domain names, or in key words
Wathelet, Joachim. « La loyauté en droit de la propriété intellectuelle ». Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1038.
Texte intégralLoyalty has an important place in our law that can no longer be ignored. References to loyalty have continuously increased in all areas of the law. In intellectual property law, other corrective mechanisms such as fraud or abuse have taken centre-stage so far. But loyalty cannot be reduced to the absence of abuse or fraud. It is an autonomous concept with its own criteria and functions. The aim of this study is thus to demonstrate that loyalty, in its different forms, surrounds the entirety of intellectual property law and is used to resolve current issues in this subject. Stemming from various legal instruments, the duty of loyalty serves intellectual property law. On one hand, the duty of loyalty strengthens the protection of right-holders. It complements the monopoly of exploitation, conditions its limitations and imposes a duty of cooperation on some contract partners or on internet platforms. On the other hand, the duty of loyalty frames intellectual property rights. It regulates the exercising of intellectual property rights so that it unfolds within fair boundaries and takes account of the interests of contractors, competitors, and even alleged infringers. By applying intellectual property law in an effective, reasonable and balanced manner, the duty of loyalty contributes to the legitimacy of this law. It acts as a response to certain critics that oppose intellectual property law and and to fight against what is sometimes claimed to be the decline of this subject
Jehl, Philippe. « La défense juridique de l'oeuvre audiovisuelle ». Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA020.
Texte intégralThe legal defense of the elements of the audiovisual work is a complex domain where dispute depends on the strategic choice adopted by the lawyer to defend the economic or moral interests of the holders of rights. The report is that all the elements of the audiovisual work cannot claim to be systematically forbidden by means of one and the same action. This defense can be assured insured trough two ways: the defense with the special law of the intellectual property (brands, copyright, related rights) or with regimes of responsibility which requires fault. The strategy of defense is largely connected to the nature of the element of the audiovisual work that the lawyer would protect. Infringement proceedings allows, under conditions, to protect and to defend rights relative to "formats", to audiovisual scenarios, to the synopses, to the titles, to the main events of a movie or still to the characters of this one. She also allows to punish the reproduction of a audiovisual work. Exceptions in the copyright allow to exclude any characterization of a grievance of imitation when the lawyer is in charge of proving that his customer is not a counterfeiter. It is the case of the exception of short quotation, analysis, parody or still the educational exception. The producer of videogram, the actors, the comedians and the television channels detain similar rights on the audiovisual work. At the same time as these actions conferred by the copyright and its similar rights, the lawyer can arrange other ways of defense. So, the way of the action in trademark infringement allows him to defend the rights relative to a title, to a character or still to by-products of the audiovisual work. The action in unfair competition or in penalty of the parasitic actions can be used, as well as the special regime of putting under responsibility of hosts. Finally, if the lawyer would defend specific elements of audiovisual work, a particular strategy can be retained. This one can be instituted with the double legal foundation of the imitation and the unfair or parasitic competition if the lawyer decides to accumulate these two actions. However, it is up to the latter to prove the existence of a fact different from the imitation. But it is delicate to report this proof. However, this strategy can allow increase the amount of the damages
Roy, Sébastien. « La Loi sur les marques de commerce protège-t-elle efficacement le titulaire d'une marque contre la dilution ? » Thesis, Université Laval, 2007. http://www.theses.ulaval.ca/2007/24998/24998.pdf.
Texte intégralCarbonnaux, Camille. « Les figures juridiques de la concurrence en droit de l'union Européenne : étude autour de la notion de loyauté de la concurrence ». Thesis, Lille 2, 2013. http://www.theses.fr/2013LIL20013.
Texte intégralThe existence of various rules regarding competition could lead to a lack of coherence andintelligibility of the European system of competition. As a matter of fact, the latter channels a part of the criticisms relating to the decline of law. However, the study of its numerous legal translations results in a very different conclusion. Behind an apparent disorder, the European approach to competition shows profound coherence. In each legal aspects of competition, a common objective officiates as a standard. It is the fair competition. The latter intervenes in all European competition regulations as a notion around which revolve a set of solutions coherent by their finality and content.Coherent by their finality, firstly, because all the legal translations of the competitive order address fair competition as a way to protect competition and, more generally, public interest.Coherent by their content, secondly, because each legal aspects of competition ensures faircompetition by preserving the equality of opportunity between competitors.De facto, the observation of the transversality and homogeneity of the treatment of fair competition reveals that the objective has been, until now, widely underestimated. This sidelining is regrettable because, on the grounds of its axiological neutrality, introducing it into the different debates relating to the European approach to competition offers real solutions in terms of the homogenization of the notion of competition and better integration of the legal aspects of competition
Zang, Ndong Rose-Monde. « Le droit des pratiques restrictives de concurrence et la protection de la partie faible dans la relation commerciale ». Electronic Thesis or Diss., Lille 2, 2014. http://www.theses.fr/2014LIL20003.
Texte intégralThe business world is marked by contracts between people of unequal economic power which often leads to abuses suffered by the weaker party. Therefore, the search for the contractual balance and more specifically the protection of the weaker party is constant. In this context, the right of restrictive practices, the right of individual economic practices, is often presented as a legal mechanism to address this concern in that it would aim to protect businesses in their bilateral relations. However, this statement is far from accurate. The analysis of the rules of the competitive law brings to question this view. In fact, the provisions in it have a purpose that transcends the interests of the parties to focus on the general economic interest. Legislature organize relations between enterprises to regulate macroeconomic problems and not regulate problems of each enterprise. The protection of the weaker party cannot be ensured by the law of restrictive practices but falls within other legal mechanisms
Bouffard, Jennifer. « La transposition de la directive de 2005 relative aux pratiques commerciales déloyales ». Thesis, Montpellier, 2019. http://www.theses.fr/2019MONTD029.
Texte intégralConsumer law is a subject about which the European Union has made a lot of interventions. Since the early 2000's it has been done through full harmonisation, a method which tends to unify national laws. The 2005 directive concerning unfair commercial practices is the first to expressively state that its measures are full harmonisation ones. Starting from the defective compliant transposition of the directive, I study the reasons of the failing of this transposition in compliance with the directive, then I look for a better transposition. This consideration also permits to discuss the relevance of the use of the method of full harmonisation
Ren, Junmin. « La protection juridique des inventions dans les relations commerciales entre la France et la Chine : étude de droit comparé et droit international privé ». Paris 10, 2006. http://www.theses.fr/2006PA100153.
Texte intégralUnder protection of inventions, the patent and know-how play a major and essence part in French right as well as in Chinese right. Since more than ten years, following the example terms of collective agreements such as the CUP, the ADPIC, the CVIM, the two systems know a considerable bringing together, however, there are also more or less important differences between them in many matters. In France same as in China, the patent is a title delivered by the public authority to the inventions satisfying the determined conditions, and then confers to its holder an exclusive but temporary right. Being given the intervention of the executive power in this procedure, the title produce the effects only in the space to which this power extends. Know-how is in the field of industrial right, but, the absence of an official recognition involves that it will not be able to profit from a specific protection, it concern a protection by ordinary way of the substantive law. Having an economic value, the patent and know-how make object of acts of assignment of technology at the level in the national as well as in the international. In this last case, because of their specific statute, the application of the international legal law of the contract will raise certain difficulties. If the two systems have a glance close on the conflict of laws about contractual matter, they don’t however share the same point of view on methods of its determination, in particular on the intervention of the imperative rules. Moreover, the holder of patent can exert his exclusive right by the sanction of the acts of counterfeit; as for the holder of know-how, the procedure of unfair competition is open for him to condemn the parasitic acts or the illicit disclosure. When these illicit acts are at the international level, the conflicts of jurisdictions and laws are posed again
Zang, Ndong Rose-Monde. « Le droit des pratiques restrictives de concurrence et la protection de la partie faible dans la relation commerciale ». Thesis, Lille 2, 2014. http://www.theses.fr/2014LIL20003.
Texte intégralThe business world is marked by contracts between people of unequal economic power which often leads to abuses suffered by the weaker party. Therefore, the search for the contractual balance and more specifically the protection of the weaker party is constant. In this context, the right of restrictive practices, the right of individual economic practices, is often presented as a legal mechanism to address this concern in that it would aim to protect businesses in their bilateral relations. However, this statement is far from accurate. The analysis of the rules of the competitive law brings to question this view. In fact, the provisions in it have a purpose that transcends the interests of the parties to focus on the general economic interest. Legislature organize relations between enterprises to regulate macroeconomic problems and not regulate problems of each enterprise. The protection of the weaker party cannot be ensured by the law of restrictive practices but falls within other legal mechanisms
Koffi, Kouassi Emmanuel. « L’affirmation d’un droit de la concurrence ouest-africain : Unifier les règles de l’UEMOA et de la CEDEAO ». Electronic Thesis or Diss., Paris 8, 2022. http://www.theses.fr/2022PA080040.
Texte intégralCompetition law plays a fundamental role in the proper functioning of markets subject to the principles of free movement of goods, services and capital. It was therefore relevant for the West African economic integration organizations, WAEMU and ECOWAS, which had both set up such markets in the 1990s, to adopt competition rules. However, these new rules were characterized by the duality of the competitive systems chosen. The institutional frameworks often turned out to be contradictory: while WAEMU member states opted for a centralized institutional architecture, ECOWAS member states preferred a decentralized system. However, all WAEMU member states are also members of ECOWAS. West Africa is thus experiencing a duality of competitive systems that is the source of legal insecurity. This prospective study is therefore a plea for the unification of regional competition laws, with the abandonment of bicephalism in favor of competitive monocephalism proving to be a necessary step to ensure the efficiency and legal security of the West African common market
Randrianirina, Iony. « Le droit de marque ». Thesis, Poitiers, 2013. http://www.theses.fr/2013POIT3008/document.
Texte intégralThe trademark rights are a legislative and judicial concern. The interest is due to the rise of worldwide counterfeiting. Trademark protection against counterfeiting deserves to be strengthened. It is then necessary to define the scope of the rights to protect. Trademark rights, exclusive rights to use a trademark, are described mainly as an ownership of a particular type. However, a comparison study of trademark rights and ownership reveals more differences than similarities. Identify the object of trademark rights in the place of the trademark on the market in the minds of the public and competitors leads to a new legal nature : the market rights. Therefore, unscrupulous competitors who commit acts of infringement undoubtedly impinge on the market rights belonging to others as they usurp the marketplace reserved through trademark registration. The fault causes a more or less severe damage to the trademark owner. Counterfeiting on genuine products is a low gravity compared to the one on non genuine products because then improperly marked goods, often of poor quality, are likely to harm the health or safety of humans and its environment. Thus, the counterfeit trademark is altered. Therefore, under criminal law, the fine could take the form of a percentage of the sales made by the infringer. Under civil law, restitutionary damages would deter lucrative counterfeiting
Zambrano, Guillaume. « L'inefficacité de l'action civile en réparation des infractions au droit de la concurrence : étude du contentieux français devant le Tribunal de Commerce de Paris (2000-2012) ». Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10057/document.
Texte intégralThe Green Paper and the White Paper on damages actions for breach of EU competition law found private antitrust enforcement in a state of “total underdevelopment” and proposed reforms to adress the identified obstacles. Empirical study of french case law does not support entirely these findings, because it’s important to distinguish between actions brought against competitors, and actions brought by consumers. Exclusionary practices litigated between competitors show reasonable success compared to similar cases. The reforms proposed by the European Commission concerning access to documents and quantification of damages would not bring any significant improvement to french law. However, damages actions in compensation of overcharges brought by direct and indirect purchasers seem doomed to failure, in the absence of a collective action and distribution mechanism. Debate is storming at EU and national level, but the considered options appear unconvincing. It is proposed a public mechanism for collective redress. Within their existing powers, competition authorities should review the fine policy to achieve collective compensation as private penalty. Substantial amount of fines should be inflicted when infringers cannot show they have taken active steps to provide compensation to consumers. In that case, a partial amount of the total fine should be dedicated to compensate consumer, directly or indirectly, in pecuniary or non-pecuniary form. Competition authorities should have the power to order infringers to create trust funds for that purpose