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Section 2: Infringement of the image or reputation of others in the course of industrial
or commercial activities
Article 364: Any act or practice which, in the course of industrial or commercial activities,
harms or is capable of harming the image or reputation of another’s firm, shall
constitute an act of unfair competition, whether or not this act or practice creates
confusion.
Article 365: The harm to another’s image or reputation may arise in particular from the
weakening of the image or reputation attached to:
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a mark registered or not;
a trade name;
a distinctive corporate sign other than a mark or common name;
a product’s external appearance;
the presentation of goods or services;
a famous person or well-known fictional character.
Article 366: The lessening of the distinctive nature or advertising value of a mark, trade name
or any other distinctive corporate sign, a product’s external appearance or the
presentation of goods or services, or of a famous person or well-known fictional
character, shall constitute a weakening of the image or reputation.
Section 3: Misleading the public
Article 367: Any act or practice which, in the course of industrial or commercial activities,
misleads or is likely to mislead the public with regard to a firm or its activities,
in particular the goods or services offered by this firm, shall constitute an act of
unfair competition.
Article 368: The public may be misled by advertising or promotional activities, particularly
with regard to the following elements:
-
the manufacturing process for goods;
the suitability of goods or services for a specific use;
the quality, quantity or other characteristic of goods or services;
the geographical origin of goods or services;
the conditions on which goods or services are offered or supplied;
the price of goods or services or the mode of calculation.
Section 4: Disparagement of others’ firms and their activities
Article 369: Any false or abusive allegation which, in the course of industrial or commercial
activities, discredits or is likely to discredit another’s firm or its activities, in
particular the goods or services offered by this firm, shall constitute an act of
unfair competition.
Article 370: Disparagement may arise from advertising or promotion and concern, in
particular, the following elements: