Podcast
Questions and Answers
Besides the LCD, what international agreement offers supplementary guidance on unfair competition, though primarily in international disputes?
Besides the LCD, what international agreement offers supplementary guidance on unfair competition, though primarily in international disputes?
- Article 10 bis of the Paris Convention (correct)
- The Berne Convention
- The Madrid Agreement
- The Rome Statute
Within the structure of the LCD, what foundational principle underpins the prohibition of unfair competition?
Within the structure of the LCD, what foundational principle underpins the prohibition of unfair competition?
- The principle of absolute competition
- The promotion of free trade
- Prohibition of acts against good faith (correct)
- Strict liability for damages
Which of the following acts is specifically addressed as an unfair competition act under the LCD structure?
Which of the following acts is specifically addressed as an unfair competition act under the LCD structure?
- Misleading advertising (correct)
- Refusal to deal with a competitor
- Predatory pricing below cost
- Price fixing among competitors
In the context of unfair competition law in Spain, how does Article 10 bis of the Paris Convention primarily function?
In the context of unfair competition law in Spain, how does Article 10 bis of the Paris Convention primarily function?
Which element is NOT a component of the general structure of the LCD regarding unfair competition?
Which element is NOT a component of the general structure of the LCD regarding unfair competition?
How do the LCD's specific provisions against unfair competition, such as those addressing misleading advertising, typically relate to the general clause prohibiting acts against good faith?
How do the LCD's specific provisions against unfair competition, such as those addressing misleading advertising, typically relate to the general clause prohibiting acts against good faith?
If a Spanish court is deciding a case of unfair competition that involves parties from different countries, which legal instrument is most likely to be directly applicable?
If a Spanish court is deciding a case of unfair competition that involves parties from different countries, which legal instrument is most likely to be directly applicable?
Which of the following best describes the role of 'denigration' as listed within the LCD's structure?
Which of the following best describes the role of 'denigration' as listed within the LCD's structure?
Why might the LCD be considered more central to addressing unfair competition in Spain compared to Article 10 bis of the Paris Convention?
Why might the LCD be considered more central to addressing unfair competition in Spain compared to Article 10 bis of the Paris Convention?
In what scenario would Article 10 bis of the Paris Convention most likely be invoked in a Spanish legal context?
In what scenario would Article 10 bis of the Paris Convention most likely be invoked in a Spanish legal context?
What is the relationship between the LCD and specific acts like 'imitation' in terms of unfair competition?
What is the relationship between the LCD and specific acts like 'imitation' in terms of unfair competition?
How does the 'good faith' clause in the LCD influence the interpretation and application of specific unfair competition acts?
How does the 'good faith' clause in the LCD influence the interpretation and application of specific unfair competition acts?
In a scenario where a company's actions are not explicitly defined as unfair competition under the LCD, how might a court determine if the actions are prohibited?
In a scenario where a company's actions are not explicitly defined as unfair competition under the LCD, how might a court determine if the actions are prohibited?
What practical impact does the limited domestic use of Article 10 bis of the Paris Convention have on unfair competition cases in Spain?
What practical impact does the limited domestic use of Article 10 bis of the Paris Convention have on unfair competition cases in Spain?
If a company is accused of 'denigration' under the LCD, what would this typically involve?
If a company is accused of 'denigration' under the LCD, what would this typically involve?
How might the principles of the LCD be applied to address new forms of unfair competition that arise from digital marketing practices?
How might the principles of the LCD be applied to address new forms of unfair competition that arise from digital marketing practices?
In what way does the inclusion of specific acts, like misleading advertising, within the LCD’s structure provide clarity for businesses operating in Spain?
In what way does the inclusion of specific acts, like misleading advertising, within the LCD’s structure provide clarity for businesses operating in Spain?
When considering the interplay between the LCD and Article 10 bis, which statement accurately reflects their combined influence on unfair competition law?
When considering the interplay between the LCD and Article 10 bis, which statement accurately reflects their combined influence on unfair competition law?
If a company operating in Spain believes a competitor is engaging in unfair practices not explicitly listed in the LCD, what recourse does it have?
If a company operating in Spain believes a competitor is engaging in unfair practices not explicitly listed in the LCD, what recourse does it have?
How does legal recourse against 'imitation' under the LCD potentially protect innovation and market diversity?
How does legal recourse against 'imitation' under the LCD potentially protect innovation and market diversity?
Flashcards
What is the LCD?
What is the LCD?
The primary law governing unfair competition in Spain.
What does Article 10 bis of the Paris Convention address?
What does Article 10 bis of the Paris Convention address?
International disputes related to unfair competition.
What does the LCD's general clause prohibit?
What does the LCD's general clause prohibit?
Prohibits acts against good faith in competition.
What are some specific unfair competition acts listed in the LCD?
What are some specific unfair competition acts listed in the LCD?
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Study Notes
- The Law on Unfair Competition (LCD) is the main law that regulates unfair competition in Spain.
- Article 10 bis of the Paris Convention applies to international disputes.
- Article 10 bis of the Paris Convention has limited use domestically.
- The LCD's structure includes a general clause that prohibits acts against good faith.
- The LCD also contains a list of specific acts of unfair competition.
- Examples of specific unfair competition acts include misleading advertising and denigration.
- Imitation is another example of a specific unfair competition act listed in the LCD.
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