| Abstract [eng] |
Protection against unfair product imitation represents an important measure for protection of interests of undertakings, however it has not been used in Lithuania until now – there is no known court practice and national legal doctrine in this field. The proper application of the legal norms laying down the basis for this protection poses a difficult task for courts, as it requires systematic consideration of the conflicting interests, the theoretical background and objectives of protection against unfair competition, as well as the relationship of this kind of protection with intellectual property law. In view of the above, the main objective of the dissertation is to analyse under what conditions protection against unfair product imitation could be and should be granted in Lithuania in the future. Using the comparative, historical, logical and teleological methods the dissertation examines regulation of substantial legal conditions of protection against product imitation, as a form of unfair competition, including interpretation of these conditions in legal doctrine and court practice. The research is performed in respect of the international law, the law of three foreign countries (Germany, Switzerland and France), and Lithuanian national law. |
