Collection of Laws for Electronic Access
YH
MAURITIUS
(2) Discrediting may arise out of advertising or promotion and may, in particular, occur
with respect to any of the following—
(a) the manufacturing process of a product;
(b) the suitability of a product or service for a particular purpose;
(c) the quality or quantity or other characteristics of products or services;
(d) the conditions on which products or services are offered or provided; or
(e) the price of products or services or the manner in which it is calculated.
Unfair Competition in Respect of Secret Information
9.—(1) Any act or practice which, in the course of industrial or commercial activities,
results in the disclosure, acquisition or use by others of secret information without the consent
of the person lawfully in control of such information and in a manner contrary to honest
commercial practices, shall constitute an unfair practice.
(2) Any disclosure, acquisition or use of secret information by others without the
consent of the rightful holder may, in particular, result from—
(a) industrial or commercial espionage;
(b) breach of contract;
(c) breach of confidence;
(d) inducement to commit any of the acts referred to in items (a) to (c); or
(e) acquisition of secret information by a third party who knew, or was grossly
negligent in failing to know, that an act referred in items (a) to (c) was involved in the
acquisition.
(3) For the purposes of this section, any information shall be considered “secret
information” where—
(a) it is not, as a body or in the precise configuration and assembly of its components,
generally known among or readily accessible to persons who normally deal with the kind of
information in question;
(b) it has commercial value because it is secret; and
(c) it has been subject to reasonable steps under the circumstances by the rightful
holder to keep it secret.
(4) Subject to subsection (5), any act or practice, in the course of any industrial or
commercial activity, shall be considered an unfair practice where it amounts to or results in—
(a) an unfair commercial use of secret test or other data, the origination of which
involves considerable effort, which have been submitted to a competent authority for the
MU003EN
Unfair Competition, Act, 08/08/2002, No. 22
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