Common use of Unfair Competition Clause in Contracts

Unfair Competition. 1. Each Party shall provide for effective protection againstacts of unfair competition. 2. Any act of competition contrary to honest practices inindustrial or commercial matters constitutes an act of unfair competition. 3. The following acts, in particular, shall be prohibited asacts of unfair competition: (a) all acts of such a nature as to create confusion byany means whatever with the establishment, the goods,or the industrial or commercial activities, of acompetitor; (b) false allegations in the course of trade of such anature as to discredit the establishment, the goods,or the industrial or commercial activities, of acompetitor; (c) indications or allegations the use of which in thecourse of trade is liable to mislead the public as tothe nature, the characteristics, the suitability fortheir purpose, or the quantity, of the goods or theservices, or the manufacturing process of the goods; (d) acts of acquiring or holding the right to use or usinga domain name identical with or confusingly similarto a protected trade name and trademark of anotherperson, for the purposes specified in the laws andregulations of each Party, such as with the intentionto gain an unfair profit or the intention to causedamage to that other person. 4. Each