نوع مقاله : مقاله علمی - پژوهشی
1 دانشآموختۀ کارشناسی ارشد حقوق خصوصی دانشگاه فردوسی مشهد
2 دانشیار گروه حقوق دانشگاه فردوسی مشهد
3 عضو هیأت علمی دانشکده علوم اداری و اقتصادی دانشگاه فردوسی مشهد
عنوان مقاله [English]
One example of unfair competition is competition through discrediting a competitor. French doctrine and precedent has been accepted and it has explained this legal entity. But the richness of the Iranian legal literature on this subject is not enough. Therefore, in this paper a review of unfair competition, while explaining the concept and its variants, and based on the analysis of the resulting liability is addressed. In French law, it is necessary to realize discredit, being dismissive of rival publications, as well as the possibility of identifying who is denigrate for the audience. But the accuracy of these statements is not important. In the French legal system, liability caused by discrediting a competitor is based on fault. The Iranian legal system is the same, but the liability can be established based on the principle of sans fault. It is evident that selection of base has influence on the terms and scope of responsibility.
الف) فارسی و عربی