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- Unfair Competition and Related Rights
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- In the United States, federal law protects exclusive
- rights in patents, trademarks, copyrights, and mask works.
- Other intangible property such as trade names and business
- goodwill, trade secrets, and know-how are protected against
- unfair competition by Federal and state law.
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- Most developed countries have unfair competition laws
- similar to those of the United States, although details
- vary. The European Community, for example, bans
- "restrictive business practices" that would deter trade
- among the countries of the Community.
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- Not all countries have unfair competition laws, and
- even in some countries that do have them, ideas of public
- policy may conflict with the accepted principles of the
- developed nations. Protection for trade secrets of
- valuable unpatented technology may be inadequate. Most
- developed countries will enforce a written agreement not to
- divulge a trade secret, for example, while such an
- agreement may conflict with the transfer of technology laws
- of some developing countries. Before divulging any
- information which could be helpful to a potential
- competitor, it would be wise to investigate the protection
- available in the recipient's country and in any country
- which may be a potential market.
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- Social and economic policies may also affect the value
- of intellectual property. Some countries restrict the right
- to do business unless the foreign concern assists in
- meeting certain goals. Typical examples include
- requirements for generic labels of comparable size with the
- trademark, requirements for local working of patented
- inventions, better treatment for businesses with local
- ownership, and restrictions on intellectual property
- licensing arrangements. In addition, health and safety
- regulations may require submission of proprietary
- information to the authorities, without restricting access
- to it by local competitors. The best rule to follow is,
- investigate before you invest.
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