A.64
PART XI — Acts of Unfair Competition
Acts of unfair
competition
114. (1) On the request of the owner of a title of protection under this
Act, or of any competent authority or any person, association or syndicate,
the court may grant an interdict to prevent an act of unfair competition,
award damages or grant any other remedy as the court may deem appropriate.
(2) For purposes of this Act any act of competition which is contrary to
honest practices in industrial or commercial matters shall constitute an act
of unfair competition, and shall be unlawful.
(3) The following, in particular, shall constitute acts of unfair
competition —
(a) any act of such a nature as to create confusion by any means whatever
with the establishment, the goods or the industrial or commercial
activities of a competitor;
(b) the making of a false allegation in the course of trade of such a
nature as to discredit the establishment, the goods, or the industrial
or commercial activities of a competitor;
(c) the making of allegations which, in the course of trade, is likely
to mislead the public as to the nature, the manufacturing process,
the characteristics, the suitability for their purpose, or the quantity
of the goods of a competitor;
(d) the use of a geographical indication that identifies specific products
of a particular origin to designate products of the same description
but not originating from the place indicated by the geographical
indication, even where the true origin is indicated or the geographical
indication used is accompanied by disclaimers or expressions such
as “kind”, “type”, “style”, “imitation” or the like;
(e) the use of geographical indications to indicate that products originate
in a geographical region other than their true place of origin; or
(f) any act or practice done in the course of industrial or commercial
activities that results in obtaining, using or disclosing to third parties
undisclosed information without the consent of the rightful holder
of that information.
(4) When, as a condition of approving the marketing of a pharmaceutical
or agricultural chemical product that utilises new chemical substances, an
authority in Botswana requires the submission of undisclosed tests or other
data, the origination of which involves a considerable effort, such data shall
be protected against unfair commercial use and disclosure and where it is
necessary to protect the public, such data shall be disclosed on condition
that steps are taken to protect it from unfair commercial use.
(5) For the purposes of this section, information, data or a test shall be
considered undisclosed if —
(a) it is not, as a body or in the precise configuration or assembly of its
components, generally known or readily accessible to persons within
the circles within which it is normally dealt with;