TITLE VI
TRADE NAMES, INDICATIONS OF SOURCE,
APPELLATIONS OF ORIGIN AND UNFAIR COMPETITION
Chapter I
Trade names
177. A “trade name” shall be understood as the distinctive appellation or sign under
which an enterprise is operated.
178. Names or designations which, by their nature or the use that may be made thereof,
are contrary to morality and public order or are liable to deceive trade circles or the public as
to the nature of the enterprise identified by that name, may not constitute trade names.
179. Whether or not they are part of a mark, trade names shall be protected by the
provisions of Law No. 15-95 constituting the Code of Commerce against any subsequent use
of the trade names by a third party, be it in the form of a trade name or factory mark,
trademark or service mark, if this could confuse the public.
Chapter II
Indications of source and appellations of origin
180. “Indication of source” means the expression or sign used to indicate that a good or
service originates in a country or group of countries, a region or a specific place.
181. “Appellation of origin” shall be the geographical name of a country, region or
specific place used to designate a product originating therein whose quality, reputation or
other given characteristics are due exclusively or essentially to the geographical environment,
including natural and human factors.
182. It shall, in particular, be unlawful:
(a) to make direct or indirect use of a false or deceptive indication of the source of
goods or services, or the identity of the producer, manufacturer or supplier thereof;
(b) to make direct or indirect use of a false or deceptive appellation of origin, or to
imitate an appellation of origin, even if the true origin of the product is indicated or if the
appellation is used in translated form or accompanied by expressions such as “kind”, “type”,
“imitation” or similar.
183. Public action to repress the unlawful acts referred to in Article 182 may be
brought by the Public Prosecutor’s Office. Action for damages may also be brought by any
aggrieved party, natural person or legal entity, association or trade union, in particular by the
producers, manufacturers or traders who may correctly identify their goods or services with
the indication or appellation in question, or by the associations representing them for that
purpose, without prejudice to the right to bring civil proceedings or request precautionary
measures.
Chapter III
Unfair competition
184. Any act of competition contrary to honest practices in industrial or commercial
matters shall constitute an act of unfair competition.
The following in particular shall be prohibited: