Unfair Competition Law: The Protection of Intellectual and Industrial Creativity

By Anselm Kamperman Sanders | Go to book overview

Appendix
Model Provisions on Protection against Unfair Competition
Drafted by the International Bureau of the World Intellectual Property Organization ( WIPO).
Article 1 -- General Principles
1. [General Provision] (a) In addition to the acts and practices referred to in Articles 2 to 6, any act or practice, in the course of industrial or commercial activities, that is contrary to honest practices shall constitute an act of unfair competition.

(b) Any natural person or legal entity damaged or likely to be damaged by an act of unfair competition shall be entitled to the remedies referred to in. . . .

2. [Relationship Between Articles 1 to 6 and Provisions Protecting Inventions, Industrial Designs, Trademarks, Literary and Artistic Works and Other Intellectual Property Subject Matter] Articles 1 to 6 shall apply independently of, and in addition to, any legislative provisions protecting inventions, industrial designs, trademarks,* literary and artistic works and other intellectual property subject matter.

Article 2 -- Causing Confusion with Respect to Another's Enterprise or Its Activities
1. [General Principle] Any act or practice, in the course of industrial or commercial activities, that causes, or is likely to cause, confusion with respect to another's enterprise or its activities, in particular, the products or services offered by such enterprise, shall constitute an act of unfair competition.
2. [Examples of Confusion] Confusion may, in particular, be caused with respect to
i. a trademark, whether registered or not;
ii. a trade name;
iii. a business identifier other than a trade mark or trade name;
iv. the appearance of a product;
v. the presentation of products or services;
vi. a celebrity or a well-known fictional character.

Article 3 -- Damaging Another's Goodwill or Reputation
1. [General Principle] Any act or practice, in the course of industrial or commercial activities, that damages, or is likely to damage, the goodwill or reputation of another's enterprise shall constitute an act of unfair competition, regardless of whether such act or practice causes confusion.
____________________
*
For the purposes of these Model Provisions, the term 'trademark' covers marks relating to goods, marks relating to services and marks relating to both goods and services.

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