WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/MUS/I/2
18 March 2002
(02-1382)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
MAURITIUS
The present document reproduces the text1 of the Protection Against Unfair Competition
Practices Bill of 2000, as notified by Mauritius under Article 63.2 of the Agreement (see
document IP/N/1/MUS/1).
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
MAURICE
Le présent document contient le texte1 du projet de loi de 2000 sur la protection contre les
pratiques de concurrence déloyale, notifié par Maurice au titre de l'article 63:2 de l'Accord (voirle document IP/N/1/MUS/1).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
MAURICIO
En el presente documento se reproduce el texto1 del proyecto de Ley de Protección contra
la Competencia Desleal, de 2000, que Mauricio notificó de conformidad con lo dispuesto en el
párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/MUS/1).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/MUS/I/2
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25.10.2000 -  3.00PM
THE PROTECTION AGAINST UNFAIR COMPETITION PRACTICES BILL
(No. ..... of 2000)
Explanatory Memorandum
The object of the Bill is to provide for protection against unfair competition
practices.
Clause 3 of the Bill provides that sections 4 to 9 of the Act shall apply
independently of and in addition to any legislative provision protecting IntellectualProperty rights.
Clause 4 of the Bill establishes the basic protection against unfair
competition and at the same time serves as a general definition of acts of unfaircompetition.
Clause 5 of the Bill provides that any act or practice in the course of
industrial or commercial activities that causes, or is likely to cause confusion withrespect to another's enterprise or its activities, shall constitute an act of unfaircompetition.  It contains a non-exhaustive list of things with respect to whichconfusion may be caused; for example a trademark, which serves to distinguishthe products or services offered by an enterprise from products or services ofother enterprises, or a trade name, which serves to identify an enterprise and itsbusiness activities and distinguish them from other enterprises and their businessactivities.
Clause 6 of the Act provides th at damaging another's goodwill or
reputation constitutes an act of unfair competition, regardless of whether the actor practice concerned causes confusion.   An act or practice does damage to
goodwill or reputation if it goes beyond what  is required for the defence of one's
own legitimate interest.  However this clause does not apply to damaging acompetitor's goodwill or reputation wher e the damage is legitimately done, for
example in comparative advertising that is truthful and not misleading.  Thisclause also includes a non-exhaustive list of instances in which damaginganother's goodwill or reputation may occur.
Clause 7 of the Bill provides that any act or practice in the course of
industrial or commercial activities that misleads, or is likely to mislead the publicwith respect to an enterprise or its activities, shall constitute an act of unfaircompetition. Misleading, and in particular, misleading advertising, where a falseimpression of one's products and services or one's own enterprise is created,may well be the most prevalent form of unfair competition.  Misleading acts areIP/N/1/MUS/I/2
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primarily targeted at consumers and not directly against competitors; they may
cause consumers to make decisions prejudicial to themselves when they selectproducts and services.
Clause 8 of the bill provides that the discrediting of another's enterprise or
its activities through false allegations shall constitute an act of unfair competition.Like misleading, discrediting aims to influence customers' decisions by conveyingcertain kinds of information.  Unlike misleading, however, this is not done bymaking false or deceptive statements about one's own products or services butrather by conveying false information on another enterprise or its products,services or industrial or commercial activities.  This clause also contains a non-exhaustive list of instances where discrediting may arise.
Clause 9 of the bill provides that the disclosure or acquisition for use of
secret information, in the course of industrial and commercial activities, withoutthe consent of the person lawfully in control of that information, in a mannercontrary to honest commercial practices, shall constitute an act of unfaircompetition.  This clause lists examples of unfair competition in respect of secretinformation and also defines information that shall be considered secretinformation.
Clause 10 of the bill authorizes the minister to make regulations for
matters required or permitted to be prescribed or necessary or convenient forcarrying out or giving effect to the act.
Clause 11 of  the bill makes provision for commencement.
        J. K. Cuttaree
......... 2000 Minister of Industry, Commerce   
      and International TradeIP/N/1/MUS/I/2
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THE PROTECTION AGAINST UNFAIR COMPETITION PRACTICES BILL
(NO. ..... OF 2000)
ARRANGEMENT OF CLAUSES
Clause
PART  I -PRELIMINARY
1. Short title2. Interpretation
PART II - UNFAIRCOMPETITION
3. Application of act4. General principles5. Causing confusion with
respect to another’senterprise or its activities
6. Damaging another’s goodwill
or reputation
7. Misleading the public8. Discrediting another’s
enterprise or its activities
9. Unfair competition in respect
of secret information
10. Regulations11. CommencementIP/N/1/MUS/I/2
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A BILL
To Provide for the protection agai nst unfair competition practices
ENACTED by the Parliament of Mauritius, as follows -
PART  I -PRELIMINARY
1. Short title
This Act may be cited as the Protection Against Unfair Competition Practices
Act 2000.
2. Interpretation
In this Act –
“appearance of a product” includes the packaging, shape, colour or other non-
functional characteristic features of the product in question;
“business identifier” includes business symbols, emblems, logos and slogans
used by an enterprise to convey in the course of industrial or commercialactivities, a certain identity with respect to the enterprise and the productsproduced or the services rendered by that enterprise;
“Court” means the Supreme Court;“dilution of goodwill or reput ation” means the lessening of the distinctive
character or advertising value of a trademark, trade name or other businessidentifier, the appearance of a product or the presentation of products orservices or of a celebrity or well-known fictional character;
“industrial or commercial activities” includes the activities of professionals and
other such persons;
“Minister” means the Minister to whom the subject of …………………..
“practice” includes an omission to act;“trademark” includes mark relating to goods, marks relating to services and
marks relating to both goods and services.IP/N/1/MUS/I/2
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PART  II - UNFAIR  COMPETITION
3. Application of act
Sections 4 to 9 shall apply independently of, and in addition to, any law
protecting inventions, industrial designs, trademarks, literary and artistic works andother intellectual property subject matter.
4. General principles
(1) In addition to the acts and practices referred to in this section and in
sections 5 to 8, any act or practice, in the course of industrial or commercialactivities, that is contrary to honest practices shall constitute an act of unfaircompetition.
(2) Any person who has suffered any damage or is likely to suffer damage
by an act of unfair competition may enter an action by way of plaint with summonsbefore the Court.
(3) In any action under this Act, the Court may, notwithstanding any other
enactment, grant such remedies, by way of damages, injunction, forfeiture orotherwise as the Court may deem fit.
(4) For the purpose of subsection (1) the term "contrary of honest
practices" shall include any practice which may constitute a breach of contract, abreach of confidence, an inducement to breach or the acquisition of undisclosedinformation by third parties who knew, or were grossly negligent in failing to knowthat any such practice was involved in the acquisition.
5. Causing confusion with respect to another’s enterprise or its activities
(1) Any act or practice, in the course of an industrial or commercial activity,
that causes, or is likely to cause, confusion with respect to another’s enterprise orits activities, in particular, the products or services offered by such enterprise, shallconstitute an act of unfair competition.
(2) Confusion may, in particular, be caused with respect to any of the
following –
(a) a trademark, whether registered or not;(b) a trade name;(c) a business identifier other than a trademark or trade name;(d) the appearance of a product;IP/N/1/MUS/I/2
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(e) the presentation of products or services;
(f) a celebrity or a well-known fictional character.
6. Damaging another’s goodwill or reputation
(1) Any act or practice, in the course of an industrial or commercial activity,
that damages, or is likely to damage , the goodwill or reputation of another’s
enterprise shall constitute an act of unfair competition, regardless of whether suchact or practice causes confusion.
(2) Damaging another’s goodwill or r eputation may, in particular, result
from the dilution of the goodwill or reputation attached to any of the following –
(a) a trademark, 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;(f) a celebrity or a well-known fictional character.
7. Misleading the public
(1) Any act or practice, in the course of an industrial or commercial activity,
that misleads, or is likely to mislead, the public with respect to an enterprise or itsactivities, in particular, the products or services  offered by such enterprise, shallconstitute an act of unfair competition.
(2) Misleading may arise out of advertising or promotion and may, in
particular, occur with respect to -
(a) the manufacturing process of a product;
(b) the suitability of a product or service for a particular purpose;IP/N/1/MUS/I/2
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(c) the quality or quantity or other characteristics of products or
services;
(d) the geographical origin of products or services;(e) the conditions on which products or services are offered or
provided;
(f) the price of products or services or the manner in which it is
calculated.
8. Discrediting another’s enterprise or its activities
(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, shallconstitute an act of unfair competition.
(2) Discrediting may arise out of advertising or promotion and 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 conditions on which products or services are offered or
provided;
(e) the price of products or services or the manner in which it is
calculated.
9. Unfair competition in respect of secret information
(1) Any act or practice, in the course of industrial or commercial activities,
that results in the disclosure, acquisition or use by others of secret informationwithout the consent of the person lawfully in control of such information and in amanner contrary to honest commercial practices shall constitute an act of unfaircompetition.
(2)  Disclosure, acquisition or use of secret information by others without
the consent of the rightful holder may, in particular result from -
(a) industrial or commercial espionage;IP/N/1/MUS/I/2
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(b) breach of contract;
(c) breach of confidence;(d) inducement to commit any of the acts referred to in items (a) to
(c);
(e) acquisition of secret information by a third party who knew, or
was grossly negligent in failing to know, that an act referred initems (a) to (c) was involved in the acquisition.
(3) For the purpose of the section, information shall be considered “secret
information” if -
(a) it is not, as a body or in the precise configuration and assembly
of its components, generally known among or readily accessibleto persons within the circles that normally deal with the kind ofinformation in question;
(b) it has commercial value because it is secret; and
(c) it has been subject to reasonable steps under the circumstances
by the rightful holder to keep it secret.
(4) Any act or practice, in the course of industrial or commercial activities,
shall be considered an act of unfair competition if it consists or results in -
(a) an unfair commercial use of secret test or other data, the
origination of which involves considerable effort which havebeen submitted to a competent authority for the purposes ofobtaining approval of the marketing of  pharmaceutical oragricultural chemical products which utilize new chemicalentities, or
(b) the disclosure of such data, except where necessary to protect
the public, or unless steps are taken to ensure that the data areprotected against unfair commercial use.
(5) For the avoidance of doubt, subsection 4 shall preclude, in particular,
any person (other than the person who submitted undisclosed tests or other data,the origination of which involves a considerable effort) from relying on such data insupport of an application for product approval for a reasonable period of time afterthe submission of those tests or data.IP/N/1/MUS/I/2
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(6) For the purposes of subsection (5), the period or time shall be
determined by the Minister, taking account of the nature of the data and the person'sefforts and expenditure in producing them, and shall not be normally less than fiveyears.
10. Regulations
The Minister may make regulations prescribing all matters that are required or
permitted by this Act to be prescribed, or are necessary or convenient to beprescribed for giving effect to the purposes of this Act.
11. Commencement
This Act shall come into force on a date to be fixed by Proclamation.
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