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PART IV:
FUNDAMENTAL NORMS FOR PROTECTION OF INDUSTRIAL
PROPERTY RIGHTS
TITLE I: PROTECTION AGAINST UNFAIR COMPETITION
Chapter I: General principles
Article 360: In addition to the acts and practices covered in Articles 363 to 382, any act or
practice which, in the exercise of industrial or commercial activities, is contrary
to honest practices, shall constitute an act of unfair competition.
The following shall constitute acts or practices contrary to honest practices
within the meaning defined by this Law: breach of contract; breach of trust and
incitation to commit one of the two foregoing acts as well as the acquisition of
information not disclosed by a third party who was aware that such acquisition
entailed this kind of use or whose ignorance in this regard arose from gross
negligence.
The following shall also constitute an act or practice contrary to honest
practices: any violation of a legal obligation in general with a view to obtaining
unlawful advantages over competitors or which lead to such advantages being
obtained, as for example a violation of legislation on the environment or work.
Article 361: Any natural person or legal entity who/which has been harmed or is likely to be
harmed by an act of unfair competition shall enjoy the legal remedies referred to
in Title II of this Part.
Article 362: The provisions of this Title shall apply independently and in addition to any
legislative provision protecting inventions, utility models, industrial designs,
layout designs, distinctive signs, literary and artistic works and other intellectual
property subject matter.
Chapter II: Acts of unfair competition
Section 1: Confusion with another’s firm or its activities
Article 363: An act of unfair competition shall be defined as any act or practice which, in the
course of industrial or commercial activities, creates or is likely to create
confusion with another’s firm or its activities, in particular with the goods or
services offered by this firm.
This confusion may relate in particular to:
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a mark registered or not;
a trade name;
a distinctive corporate sign other than a mark or trade name;
a product’s external appearance;
the presentation of goods or services;
a famous person or well-known fictional character.