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<p><OrderedList> <ListItem> <ItemNumber>1.</ItemNumber> <ItemContent> <p>Economic parasitism is a form of unfairness, constituting misconduct within the meaning of Art. 1240 of the Civil Code, and consists, for an economic player, in placing itself in the wake of another in order to take undue advantage of its efforts, know-how, the reputation acquired or the investments made.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>2.</ItemNumber> <ItemContent> <p>Parasitism results from a set of elements taken as a whole, independently of any risk of confusion.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>3.</ItemNumber> <ItemContent> <p>It is for the person claiming to be a victim of acts of parasitism to identify the individual economic value that he is invoking, as well as the intention of a third party to follow in his wake.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>4.</ItemNumber> <ItemContent> <p>Since ideas are free to evolve, the mere fact of adopting a competitor’s concept by developing it does not in itself constitute an act of parasitism (here: the usage of semi-precious stones encircled by a precious metal outline based on inspiration of the Vuitton companies by the quatrefoil flower on their monogrammed fabric in order to follow the current trend does not reveal intention to follow in the wake of competitors).</p> </ItemContent> </ListItem> </OrderedList></p>

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“Color Blossom”

  • 期刊论文

  • 发表日期：

    2025年8月13日

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摘要

1.

Economic parasitism is a form of unfairness, constituting misconduct within the meaning of Art. 1240 of the Civil Code, and consists, for an economic player, in placing itself in the wake of another in order to take undue advantage of its efforts, know-how, the reputation acquired or the investments made.

2.

Parasitism results from a set of elements taken as a whole, independently of any risk of confusion.

 3.

It is for the person claiming to be a victim of acts of parasitism to identify the individual economic value that he is invoking, as well as the intention of a third party to follow in his wake.

 4.

Since ideas are free to evolve, the mere fact of adopting a competitor’s concept by developing it does not in itself constitute an act of parasitism (here: the usage of semi-precious stones encircled by a precious metal outline based on inspiration of the Vuitton companies by the quatrefoil flower on their monogrammed fabric in order to follow the current trend does not reveal intention to follow in the wake of competitors).