Trade Marks Ordinance, 2001 — section 67

67. Definition of unfair competition and provisions relating thereto..—_(1) An “unfair competition” means any act of competition contrary to honest business practices in industrial or commercial matters and, without prejudice to the generality of the foregoing, such acts may include

(a)all acts of such nature as to create confusion by any means whatsoever with the establishment, goods, services or industrial or commercial activities of a competitor;

(b)false allegations in the course of trade of such a nature as to discredit the establishment, goods, services or industrial or commercial activities of a competitor;

(c)indications or allegations the use of which in the course of trade is liable to mislead the public as to the nature, manufacturing process, characteristics, constituents, quality or the suitability for their purpose of the goods or services;

(d)any act or practice, in the course of industrial or commercial matters that results in the disclosure, acquisition or use by others of information without the consent of the person lawfully in control of that information in a manner contrary to honest industrial or commercial practice so long as such information relates to sale or manufacture of goods or provision of services and

(i)is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question;

(ii)has commercial value because it is secret; and

(iii)has been subject to reasonable steps under circumstances, by the person lawfully in control of the information, to keep it secret; 1 Subs. by Act No. LVIII of 2023, s.27.

(e)making of false or deceptive statements in the course of trade;

(f)misleading advertising; or

(g)fraudulently registering or applying for registration of a trade mark. Explanation.___For the purposes of clause (d) “a manner contrary to honest industrial or commercial practice” shall mean, at least, practices such as breach of contract, breach of confidence and inducement to breach, and includes the acquisition of undisclosed information by third parties who knew, or were grossly negligent in failing to know, that such parties were involved in the acquisition.

(2)Any act of unfair competition shall be unlawful.

(3)An action against unfair competition may be brought before 1 [an IP Tribunal] of competent jurisdiction.