(3) In particular, any subsequent use of the trade name by a third party, whether as a
trade name or a mark or collective mark, or any such use of a similar trade name or mark,
likely to mislead the public shall be deemed unlawful.
Part VI
Acts of Unfair Competition
Acts of unfair competition
34.—(1) Any act of competition contrary to honest practices in industrial or
commercial matters shall be unlawful.
(2) The following acts, in particular, shall be deemed to constitute acts of unfair
competition,
(a) all acts of such nature as to create confusion by any means whatever with the
establishment, the goods, or the industrial or commercial activities, of a competitor;
(b) false allegations in the course of trade of such nature as to discredit the
establishment, the goods, or the industrial or commercial activities, of a competitor;
(c) indications or allegations the use of which in the course of trade is liable to mislead
the public as to the nature, the manufacturing process, the characteristics, the suitability for
their purpose, or the quantity of the goods.
Part VII
General Provisions
Representation by agent
35. Where the applicant’s ordinary residence or principal place of business is outside
Lesotho, he shall be represented by an agent.
Changes in ownership, licence contracts
36.—(1) Any change in the ownership of a patent, a utility model certificate, the
certificate of registration of an industrial design or the certificate of registration of a mark or
collective mark or in the ownership of an application therefor, shall be in writing and shall, at
the request of any interested party to the Registrar, be recorded and, except in the case of an
application, be published by the Registrar. Such change shall have no effect against third
parties until such recording is effected.
(2) Any change in the ownership of the registration of a collective mark, or in the
ownership of an application therefor, shall require previous approval by the Minister.
LESOTHO
Industrial Property Order, 1989 (Order No. 5 of 1989, as last amended by Act No. 4 of 1997)
[LS 1-001]
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