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 enterprise of another, in particular with its products or services.
Constituent facts
4.1 Confusion
May relate to:
- A trademark (registered or not)
- A trade name
- A distinctive sign
- The presentation of products or services
- A famous person
4.2 Damage to image or reputation
Includes image attenuation by:
- The erosion of distinctiveness
- The reduction in advertising value
- Damage to the reputation of a brand, trade name or distinctive sign
4.3 Deception of the public
Regarding incorrect information about:
- The manufacturing process
- Geographical origin
- The price of the product or service
4.4 Denigration
Any false or abusive allegation that discredits the competing company, person or product.
Means of protection
Available remedies: Any injured party may bring an action before a court of a Member State to obtain:
- Orders
- Damages
- Any other remedy provided for by civil law
Calculation of damages: The judge takes into account the negative economic consequences suffered and the profits made by the perpetrator of the act.
