36 Fellner (op. cit p. 200) refers to the ways in which "foreign jurisdictions selectively control slavish imi¬ tation through their unfair competition laws", saying: "In the absence of specific in¬ dustrial property rights, by no means all copying is prohibited; but where it is felt to be 'unfair', the law will provide a remedy. As well as the fact of copying, the judge can consider the scale of the plain¬ tiff's initial investment, the ori¬ ginality and commercial success of his product, the ease with which it was copied, the technical and commercial feasibility of product differentiation, and the economic sense or nonsense of requiring investment in redesign¬ ing a satisfactory product from scratch. He can also scrutinise the behaviour of the parties, taking ac¬ count, for example, of any unfairness in the way information was obtained, impropriety

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