(e) the get-up of products or services;
(f) a famous person or a well-known fictional character.
Article 4
Deceiving the Public
(1) Any act or practice which, in the course of industrial or commercial activities,
misleads or is likely to mislead the public with respect to an enterprise or its activities, in
particular the products or services proposed by the enterprise, shall constitute an act of unfair
competition.
(2) The public may be misled by advertising or promotional activities, particularly with
respect to the following elements:
(a) the manufacturing product process of a product;
(b) the suitability of a or service for a given purpose;
(c) the quality, quantity or other characteristic of a product or service;
(d) the geographical origin of a product or service;
(e) the conditions under which a product or service is proposed or supplied;
(f) the price of a product or service or its method of calculation.
Article 5
Disparaging Another’s Enterprise
or Activities
(1) Any false or abusive allegation, in the course of industrial or commercial activities,
which discredits or is liable to discredit another’s enterprise or activities, in particular the
products or services proposed by the enterprise, shall constitute an act of unfair competition.
(2) Disparagement may result from advertising or promotional activities and concern,
in particular, the following elements:
(a) the manufacturing process of a product;
(b) the suitability of a product or service for a given purpose;
(c) the quality, quantity or other characteristic of a product or service;
(d) the conditions under which a product or service is proposed or supplied;
(e) the price of a product or service or its method of calculation.
Article 6
Unfair Competition
Concerning Confidential Information
(1) Any act or practice which, in the course of industrial or commercial activities, leads
to the disclosure, acquisition or use by third parties of confidential information without the
consent of the person legally entitled to possess such information (hereinafter referred to as
“the lawful holder”), in a manner contrary to honest commercial practice, shall constitute an
act of unfair competition.
(2) The disclosure, acquisition or use of confidential information by a third party
without the consent of the lawful holder may, in particular, result from the following acts: