Slaafse nabootsing

Slavish imitation constitutes a form of unfair competition whereby an undertaking copies the design, packaging or presentation of a competing product without infringing any formal intellectual property rights, such as copyright or trademark rights. The practice involves the appropriation of distinctive features that render the product recognisable to the public.

The concept serves to protect traders against the misappropriation of goodwill and investments made by another party in the appearance of its product. In this way, it prevents competitors from deriving benefit, without any independent effort on their part, from the recognition and reputation enjoyed by a successful product.

In practice, claims based on slavish imitation are frequently advanced in proceedings concerning product design, packaging and corporate branding, with the court assessing whether a likelihood of confusion exists among the relevant public.