EU IP Law Episode 13: Intellectual Property Rights (IPRs) and Unfair Competition Law in the European Union

This episode delves into the synergy and friction between Intellectual Property Rights (IPRs) and unfair competition law in the European Union. IPRs grant creators exclusive rights over their innovations, trademarks, and designs, while EU unfair competition law seeks to prevent deceptive, harmful, or dishonest market practices that can distort fair competition. We explore the directives and regulations addressing unfair commercial practices, including the Unfair Commercial Practices Directive and Misleading and Comparative Advertising Directive, and their interaction with IP protections. Highlighting landmark cases, such as L’Oréal v Bellure and Mars v Nestlé, we examine practices like trademark dilution, parasitic copying, and misleading advertising to illustrate the legal boundaries and protections available to rights holders. This episode offers insights into the EU’s dual approach of fostering innovation through IPRs and promoting market fairness through strong competition safeguards.