Empirical Investigation of Fraud and Unfair Competition Practices in France and Vietnam: Actors, Types and Drivers
摘要
This chapter investigates fraud and unfair competition practices in six case studies in France and Vietnam. Recalling that the primary function of GIs is to protect the consumers and producers’ interests against fraud and unfair competition, this chapter first sets up the relevant legal frameworks in France and Vietnam to further understanding of the right-holders, the type of infringements, and the pre-market and post-market quality control mechanisms in each country. In presenting different case studies to explore the types, root causes and drivers of fraud and unfair competition practices in France and Vietnam, this chapter then shows that such practices may derive in both countries from both inside and outside the GI system. Before the GI registration, outside actors may free-ride on the reputation of the products and the commercial success of the origin names. After the GI registration, ineffective control systems, lack of producer understanding, disagreement among GI stakeholders, and consumer confusion and ignorance may provide the ground for the development of such practices by both inside and outside actors. Based on these insights, this chapter concludes by making suggestions on how to fight against fraud practices more efficiently, including at the legal and institutional levels but also with regards to aspects of mediation and awareness raising.