UNFAIR
COMPETITION |
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Whether or not exclusive rights exist (patents, trade marks,
copyrights, etc.) that restrict the free practice of certain
activities, there are some business activities which are forbidden
by virtue of the unfair competition law. Generally speaking,
it can be deemed as falling within the scope of unfair competition
any behaviour which is contrary to good faith.
Amongst others, the following practices can be considered unfair:
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Acts of CONFUSION with activities, services, or establishments
of third parties. |
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Acts of IMITATION of the activities of a third party
which are protected by an exclusive right (patent, model,
trade mark, copyright, etc.) or, when there is not such
right, acts of imitation thet are likely are suitable
to provoke association with the activities rendered by
that third party or purports an unfair profit from other's
reputation or effort.
It shall also be deemed as unfair, the systematic imitation
of commercial services or initiatives of a third party,
directly aimed at precluding or hindering its standing
in the market and goes beyond what can be considered a
natural market response. |
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Acts of DECEIT, such as the use or spreading of inaccurate
or false information, the omission of true information
and all information deemed induce to error about the nature,
manufacturing or distribution, features, quality, quantity,
and advantages offered of the products |
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DENIGRATING acts concerning the activity, services
or establishment of a third party capable of impairing
its credit, or any such acts that are not accurate, true
and relevant. |
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Acts of public COMPARISON of one´s own or other's
activity, service or establishment with those of a third
party when such a comparison does not referred to the
same, relevant nor comparable facts. |
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The exploitation of the industrial, commercial or professional
REPUTATION of others. |
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The infringement of INDUSTRIAL OR TRADE SECRETS, whether
obtained legally (but under reservation) or illegally
or by means of industrial espionage. |
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Inducing workers, suppliers and clients to BREACH CONTRACTUAL
OBLIGATIONS undertaken with competitors. |
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INFRINGEMENT OF LAWS, in order to obtain an advantage
in the market over competitors. |
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DISCRIMINATORY treatment of the consumer in respect
of prices and other sales conditions, without justified
reasons. |
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SELLING BELOW COST PRICE, when this is capable of misleading
the consumer over the level of prices of other products
or services in the same commercial establishment, or when
it may have the effect of impairing the image of other's
product, or falls within a strategy to expell a competitor
from the market. |
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