Articles 10bis and 10ter of the Paris Convention,
on Unfair Competition
* * *
International Convention for the Protection of Industrial Property
("Paris Convention"), done at Paris on March 20, 1883, 25 Stat. 1372,
TS No. 379, as revised at Stockholm on July 14, 1967, 21 U.S.T. 1629,
TIAS 6923 (Stockholm text), 1 B.D.I.E.L. 681:
1. The countries of the Union are bound to assure to nationals of
such countries effective protection against unfair competition.
2. Any act of competition contrary to honest practices in industrial
or commercial matters constitutes an act of unfair competition.
3. The following in particular shall be prohibited:
(1) all acts of such a nature as to create confusion by any
means whatever with the establishment, the goods, or the industrial or
commercial activities, of a competitor;
(2) false allegations in the course of trade of such a nature as
to discredit the establishment, the goods, or the industrial or commercial
activities, of a competitor;
(3) indications or allegations the use of which in the course of
trade is liable to mislead the public as to the nature, the manufacturing
process, the characteristics, the suitability for their purpose, or the
quantity, of the goods.
[Marks, Trade Names, False Indications, Unfair Competition: Remedies,
Right to Sue]
1. The countries of the Union undertake to assure to nationals of
the other countries of the Union appropriate legal remedies effectively
to repress all the acts referred to in Articles 9, 10, and 10bis.
2. They undertake, further, to provide measures to permit federations
and associations representing interested industrialists, producers, or
merchants, provided that the existence of such federations and associations
is not contrary to the laws of their countries, to take action in the
courts or before the administrative authorities, with a view to the repression
of the acts referred to in Articles 9, 10, and 10bis, insofar
as the law of the country in which protection is claimed allows such action
by federations and associations of that country.
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