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Unfair Competition

All acts that could be considered as conflicting with honest business practices are considered unfair competition.


The following are considered acts of unfair competition:

Acts misleading consumers as to the nature, quality or characteristics of a product.

Acts which may confuse the consumer as to the commercial source and origin of the products.

Discrediting competitors, their goods or establishment.

Breaching trade secrets.


Importance of Unfair Competition concept to IP:

Unfair competition principles represent a general legal ambit under which all IP can be protected, subject to certain circumstances, when all respective laws fall short of providing such protection, for example:

-Providing legal protection for unregistered trademarks, where the trademark legislation necessitates registration to grant protection.

-Providing protection to some IP rights even after the elapse of their protection period under their respective law, to protect consumers from confusion.

-Providing protection to some rights that are not covered by any form of law, such as slogans, mottos, and trade dress.


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