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Home› Competition & Unfair Trade Practices› UWG (EN)

Section 4

Protection of competitors

Unfairness is deemed to have occurred where a person

1.  discredits or denigrates the distinguishing marks, goods, services, activities, or personal or business circumstances of a competitor;

2.  asserts or disseminates facts about the goods, services or business of a competitor or about the entrepreneur or a member of the management of the business, such facts being suited to harming the operation of the business or the credit of the entrepreneur, to the extent that the facts are not demonstrably true; if the communications are confidential and if the person making or receiving the communication has a legitimate interest therein, the action is only unfair where facts are asserted or disseminated contrary to the truth;

3.  offers goods or services which are replicas of goods or services of a competitor if said person

a)  causes avoidable deception of the purchaser regarding their commercial origin;

b)  unreasonably exploits or impairs the assessment of the replicated goods or services; or

c)  dishonestly obtained the knowledge or documents needed for the replicas;

4.  deliberately obstructs competitors.

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