Protection Against Unfair Competition Act, 2001 (Chapter 13.28), Сент-Лусия

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ARRANGEMENT OF SECTIONS

Section

I. Shon title and commencement

1. Interpretation

2. General principles

3. Causing confusion with respect to another's enterprise or activities

4. Damaging other's goodwill or reputation

5. Misleading the public

6. Discrediting another's enterprise or activities

7. Unfair competition in respect of trade secrets

8. Civil remedies

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I ASSENT

rL.S.] PEARLETTE LOUISY,

Governor-General.

15th February. 2001.

Short title and commencement

1.-(1) This Act may be cited as the Protection Against Unfair Competition Act. 2001.

(2) This Act shall come into force on a date to be fixed by the Minister by Order published in the Ga::ette.

Interpretation

2. In this Act

"appearance ofa product" includes the packaging, shape, colour or other non-functional characteristic features ofthe product in question;

"business identifier" includes business symbols. emblems, logos and slogans used by an enterprise to convey in the course of industrial or cOllli11ercial activities, a certain identity with respect to the enterprise and the products produced or the services rendered by that enterprise;

"dilution of goodwill or reputation" means the lessening of the distinctive character or advertising value ofa trademark, trade name or other business identifier, the appearance ofa product or the presentation ofproducts or services or ofa celebrity or well-known fictional character;

"industrial or commercial activities" includes the activities of professionals and other such persons;

"Minister" Means the Minister with responsibility for Intellectual Propelty;

"practice" includes an omission to act;

"presentation ofproducts or services" includes advertising;

"trade mark" includes marks relating to goods, marks relating to services and marks relating to both goods and services.

General principles

3.-(I) In addition to the acts and practices referred to in sections 4 to 8, any act or practice, in the course of industrial or commercial activities, that is contrary to honest practices shall constitute an act of tmfair competition.

(2) This section and sections 4 to 8 shall apply independently of, and in addition to, any legislative provisions protecting inventions, industrial

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designs, trade marks, literary and artistic works and other intellectual property subject matter.

Causing confusion with respect to another's enterprise or activities

4.-( 1) Any act or practice. in the course of industrial or commercial activities, that causes, or is likely to cause. confusion with respect to another's enterprise or its activities, in particular, the products or services offered by such enterprise, shall constitute an act of unfair competition.

(2) Confusion may, in particular, be caused with respect to any of the follmving:

(a)

a trade mark, whether registered or not;

(a)

a trade name;

(b)

a business identifier other than a trademark or trade name;

(c)

the appearance of a product;

(d)

the presentation of products or services;

(e)

a celebrity or a well-known fictional character.

Damaging-another's goodwill or reputation

5.-.-( 1) Any act or practice, in the course of industrial 01 cOlID11erciai activities. that damages, or is likely to damage, the goodwill or reputation of. another's enterprise shall constitute an act of unfair competition. regardless ofwether such act or practice causes confusion.

(2) Damaging another's goodwill or reputation may, in pa11icular, result from the dilution of the goodwill or reputation attached to any of the following:

(a)

a trade mark, whether registered or not;

(

b) a trade name;

(c)

a business identifier other than a trademark or a trade name;

(d)

the appearance of a product;

(e)

the presentation of products or services: if) a celebrity or well-known fictional character.

i\lisleading the public

6.-(1) Any I act or practice, in the course of industrial or conunercial activities, that misleads, or is likely to mislead, the public with respect to an enterprise or its activities, in particular, the products or services offered by such enterprise, shall constitute an act of unfair competition.

(2) Misleading may arise out ofadvertising or promoting or 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 geographical origin ofproducts or services;

(e)

the conditions on which products or services are offered or provided;

(j)

the price of products or services or the manner in which it is calculated.

Discrediting llIlother's cnterprisc or activities

7.-( 1) Any false or unjustifiable allegation, in the course of industrial or commercial activities, that discredits, or is likely to discredit. another's enterprise or its activities, in particular, the products or services offered by such enterprise, shall constitute an act of unfair competition.

(2) Discrediting may arise out ofadvertising or promotion and may. in particular. occur with respect to any of the following -'

(Cl) the manufacturing process of a product; (([) the suitability of a product or service for a particular purpose;

(b)

the quality or quantity or other characteristics of products or services:

(c)

the conditions on vvhich products or services are offered or provided;

(d)

the price of products or services or the manner in which it is calculated.

lJnfair competition in respect of trade secrets

8.--( J) An act or practice, in the course ofindustrial or commercial activities, that results in the disclosure, acquisition or use by others of trade secrets without the consent ofthe person lawfully in control ofthat

(5) In this section

"rightful holder" means the person lawfully in control of infonnation referred to in subsection (l).

Civil Remedies

9. A person who is prejudiced or likely to be prejudiced by an act ofunfair competition shall be entitled to the remedies obtained under the civil law of Saint Lucia.

Passed in the House ofAssembly this 12th day ofDecember, 2000.

MATTHE\V ROBERTS,

Speaker of the House of Assembly.

Passed in the Senate this 17th day ofNovember, 2000. HILFORD DETERVILLE,

President of the Senate.