Article 178: Protection against unfair competition
In addition to the protection of the intellectual property provided by this Law, any
commercial, industrial or handicraft-related activity shall be protected against acts of unfair
competition.
Article 179: Civil action against acts of unfair competition
Any person harmed, or likely to be harmed, by an act of unfair competition, may refer the
matter to the competent tribunal, where through an act contrary to honest industrial and
commercial use, a manufacturer, trader, producer or craftsman damages his credibility, takes
away his customers or harms his capacity for competition. The competent tribunal shall order
the cessation of this act and, where necessary, shall fix the level of damages.
CHAPTER II: ACTS OF UNFAIR COMPETITION
Article 180: Causing confusion with respect to another’s enterprise or its activities
Any act or practice, in the course of industrial or commercial activities, that causes, or is
likely to cause, confusion by any means with respect to a competitor’s or another’s enterprise
or its activities, in particular, the products or services offered by such enterprise, shall
constitute an act of unfair competition.
Confusion may, in particular, be caused with respect to:
1° a trademark, whether registered or not;
2° a trade name;
3° a business identifier other than a trademark or trade name;
4° the appearance of a product;
5° the presentation of products or services;
6° a celebrity or a well-known fictional character.
Article 181: Discrediting another’s enterprise or its activities
Any false or fallacious allegation, in the course of industrial or commercial activities, that
discredits, or is likely to discredit, a competitor’s or another’s enterprise or its activities, in
particular, the products or services offered by such enterprise, shall constitute an act of unfair
competition.
Discrediting may arise out of advertising or promotion and may, in particular, occur with
respect to :