1. Any act of competition contrary to honest commercial practice shall constitute a fault.
Anything that diminishes the value of a business
2. The following shall be deemed to be acts of unfair competition:
a. any acts likely to mislead customers regarding the undertaking, products or
commercial activities of a competitor;
b. any false statements made in the course of business with a view to discrediting the
undertaking, products or commercial activities of a competitor.
Art.134. - Effect of unfair competition.
1. The court may, in cases of unfair competition:
a. order that damages he paid by the unfair competitor; and
b. make such orders as are necessary to put an end to the unfair competition.
2. The court may in particular:
a. order the publication, at the costs of the unfair competitor, of notices designed to
remove the effect of the misleading acts or statements for the unfair competitor, in
accordance with Art. 2120 of the Civil Code;
b. order the unfair competitor to cease his unlawful acts in accordance with Art. 2122 of
the Civil Code.
a. Provisions relating to Trade Mark
Section 3. Trade-Name
Art. 135. 7- Definition.
1. A trade-name is the name under which a person operates his business and which
clearly designates the business.
2. The relevant provisions of Book II of this code shall apply to firm-names and business
organizations.
Art. 137. Trader's Name
a. Every trader may carry on his trade under his family name with or without his
patronymic:
Provided that Art. 45 of the Civil Code shall apply where such name or patronymic is
likely to create confusion in a manner prejudicial to the interests of another trader.
b. Where proceedings for unfair competition are instituted by reason of confusion
created by the use of the trader's name, the court may order that damages be paid by
the trader who created confusion. and may, in addition order such trader to include his
surname or patronymic in his trade-name so as to obviate confusion.