Definition
According to article 2 of the Bangui Agreement: any act or practice which, in the exercise of industrial or commercial activities, creates or is likely to create confusion with the company of others, in particular with its products or services.
Constituent facts
4.1 Confusion
Can relate to:
- A brand (recorded or not)
- A trade name
- A distinctive sign
- The presentation of products or services
- A famous person
4.2 IMPROVE TO IMAGE OR REPUTATION
Includes the weakening of the image by:
- The reduction of the distinctive character
- Reduction of advertising value
- Damage to the reputation of a brand, trade name or distinctive sign
4.3 The deception with regard to the public
Concerns erroneous information on:
- The manufacturing process
- Geographic origin
- Product or service price
4.4 The denigration
Any false or abusive allegation that discredits the company, the person or the competing product.
Means of protection
Available appeal: Any injured person can seize a court of a Member State to obtain:
- Injunctions
- Damages
- Any other compensation provided for by civil law
Calculation of damages: the judge takes into account the negative economic consequences suffered and the profits made by the author of the act
