No. 4907
Government Gazette 23 March 2012
Act No. 1, 2012
99
INDUSTRIAL PROPERTY ACT, 2012
is permitted in a manner which is likely to deceive trade circles or the public as to the
origin or any other common characteristics of the goods or services concerned.
(2)
An application for the invalidation of a certification or a collective
trade mark must be served on the owner of the trade mark in the manner and within the
time prescribed.
PART 11
TRADE NAMES AND ACTS OF UNFAIR COMPETITION
Prohibited trade names
191.
(1)
A name or designation may not be used as a trade name if,
by its nature or the use to which it may be put, it will be contrary to public order or
morality or if it will be likely to deceive trade circles or the public as to the nature of the
enterprise identified by that name.
(2)
Any use of a trade name that is likely to mislead the public must be
regarded as unlawful.
Protection of trade names
192.
Despite any law providing for the registration of trade names, such
names are protected by common law, even prior to or without registration, against any
unlawful act committed by third parties.
Transferability of trade names
193.
(1)
(a)
assigned or transferred with the goodwill of the business in relation to
which it is used; or
(b)
assigned or transferred in respect of some or all of the goods or services
in respect to which it is used in the conduct of that business.
A trade name may be –
(2)
Despite the provisions of subsection (1), any assignment or transfer
of the rights to a trade name in circumstances which are likely to deceive or cause
confusion, is invalid.
Acts of unfair competition
194.
(1)
Any act of competition contrary to honest practices in industrial
or commercial matters is unlawful.
(2)
Without derogating from what constitutes a restrictive business practice
prohibited under Part I or Part II of Chapter 3 of the Competition Act, 2003 (Act No.
2 of 2003), for purpose of this Act the following acts are deemed to constitute acts of
unlawful competition -