WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/ATG/I/1
14 February 2002
(02-0773)
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
ANTIGUA AND BARBUDA
The present document reproduces the text1 of the Protection Against Unfair Competition Bill
2001, as notified by Antigua and Barbuda under Article 63.2 of the Agreement (see documentIP/N/1/ATG/1).
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
ANTIGUA-ET-BARBUDA
Le présent document contient le texte1 du projet de loi sur la protection contre la concurrence
déloyale, 2001, notifié par Antigua-et-Barbuda au titre de l'article 63:2 de l'Accord (voir le document
IP/N/1/ATG/1).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
ANTIGUA Y BARBUDA
En el presente documento se reproduce el texto
1 del proyecto de ley de protección contra la
competencia desleal de 2001, que Antigua y Barbuda notificó de conformidad con lo dispuesto en el
párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/ATG/1).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/ATG/I/1
Page 2
PROTECTION AGAINST UNFAIR COMPETITION ACT 2001
NO     OF 2001
BILL FOR
AN ACT  to make provision for the protection against unfair competition and other purposes related
thereto
[ENACTED by the Parliament of Antigua and Barbuda as follows –
Short Title 1. This Act may be cited as the Protection Against Unfair
and Commencement Competition Act 2001 and comes into force on such date as
may be fixed by the Minister by Order published in
the Gazette .
Interpretation 2.  In this Act—
“appearance of a product” includes the packaging, shape,
colour or other nonfunctional 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 commercial 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 of a trademark, tradename or other business identifier, the appearance of a product
or the presentation of products or services or of a celebrity or
well-known fictional character;
“industrial or commercial activities” includes the activities of
professionals and other such persons;
“practice” includes an omission to act;“presentation of products or services” includes advertising; and“trade mark” includes marks relating to goods, marks relating
to services and marks relating to both goods and services.
General Principles 3. (1)  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 unfair competition.IP/N/1/ATG/I/1
Page 3
(2)  Any person damaged or likely to be damaged by an act of
unfair competition shall be entitled to the remedies obtainable
under the civil law of Antigua and Barbuda.
(3)  This section and sections 4 to 8 shall apply independently
of, and in addition to, any legislative provisions protecting
inventions, industrial designs, trademarks, literary and artistic
works and other intellectual property subject matter.
Causing Confusion with 4. (1)  Any act or practice, in the course of industrial
Respect to Another’s or commercial activities, that causes, or is likelyEnterprise or its Activities 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 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;
(e)   the presentation of products or services;
(f) a celebrity or a well-known fictional character
Damaging Another’s Good-Will 5.  (1)  Any act or practice, in the course of
or Reputation industrial or commercial activities, 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
such act or practice causes confusion.
(2)  Damaging another’s goodwill or reputation 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.
Misleading the Public 6.  (1)  Any act or practice, in the course of industrial or
commercial 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.IP/N/1/ATG/I/1
Page 4
(2)  Misleading 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 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.
Discrediting Another’s 7.(1)  Any false or unjustifiable allegation, in the course
Enterprise or Its Activities of industrial or commercial activities, that discredits, or is
likely to discredit, another’s enterprise or its activities, inparticular, the products or services offered by such enterprise,
shall constitute 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.
Unfair Competition in Respect 8.  (1)  Any act or practice, in the course of industrial or
of Secret Information commercial activities, that results in the disclosure, acquisition
or use by others of secret information without the consent of
the person lawfully in control of that information (hereinafter
referred to as “the rightful holder”) and in a manner 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;
(b) breach of contract;
(c) breach of confidence;
(d) inducement to commit any of the acts referred to in
paragraphs (a) to (c);IP/N/1/ATG/I/1
Page 5
(e) acquisition of secret information by a third party who
knew, or was grossly negligent in failing to know, that
an act referred to in paragraphs (a) to (d) was involved
in the acquisition.
(3)  For the purposes of this 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 accessible to persons within the circles that
normally deal with the kind of information 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
and which have been submitted to a competent
authority for the purposes of obtaining approval of the
marketing of pharmaceutical or agricultural chemicalproducts which utilise new chemical entities; or
(b) the disclosure of such data, except—
(i) where necessary to protect the public; and
(ii) where steps are taken to ensure that the data are
protected against unfair  commercial use.
(5)  Subsection (4) shall be construed as precluding, in
particular, any person other than the person who submitted
undisclosed tests or other data, the origination of whichinvolves a considerable effort, from relying on such data in
support of an application for product approval for a reasonable
period of time after the submission of those tests or data and
the period of time shall be determined by the Court, taking
account of the nature of the data and the person’s efforts and
expenditure in producing them, and shall normally not be less
than five years.
Passed the House of Representatives this Passed the Senate this
                     Day of                     2001     day of        2001
Speaker President
Clerk to the House of Representatives Clerk to the Senate
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