FALL 2008

Trade Secrets

 

Course No. 9200-704 (and 804)-801

ID No. 16545

MW 3:00 - 4:30 p.m.
Room L-134
Professor Jay Dratler, Jr.
Room 231D (IP Alcove)
(330) 972-7972
dratler@uakron.edu
Copyright © 2000, 2002, 2003, 2006, 2008   Jay Dratler, Jr.   For permission, see CMI.

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:
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Article 10bis

[Unfair Competition]

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.

Article 10ter

[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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