ANNEX VIII
PROTECTION AGAINST UNFAIR COMPETITION
Article 1
General Principles
(1)(a) Apart from the acts and practices referred to in Articles 2 to 6, an act of unfair
competition shall be constituted by any act or practice which, in the course of industrial or
commercial activities, is contrary to honest practice.
(b) Any natural or legal person who has suffered damage or is liable to suffer damage
due to an act of unfair competition may institute proceedings before the court of a member
State and may obtain injunctions, damages and any other remedy provided by civil law.
(2) Articles 1 to 6 shall apply independently of and in addition to any legislative
provision protecting inventions, industrial designs, trademarks, literary and artistic works and
other subject matter of intellectual property.
Article 2
Confusion with Another’s Enterprise or Activities
(1) Any act or practice which, in the course of industrial or commercial activities,
generates or is likely to generate confusion with the enterprise or activities of another person,
in particular with the products or services proposed by such enterprise, shall constitute an act
of unfair competition.
(2) Confusion may concern, in particular,
(a) a trademark, whether registered or not;
(b) a trade name;
(c) the distinctive sign of an enterprise other than a trademark or a trade name;
(d) the external appearance of a product;
(e) the get-up of products or services;
(f) a famous person or well-known fictional character.
Article 3
Acts Damaging to Another’s Image
or Reputation
(1) Any act or practice which, in the course of industrial or commercial activities,
damages or is liable to damage the image or reputation of another’s enterprise, whether the act
or the practice generates confusion or not, shall constitute an act of unfair competition.
(2) Damage to another’s image or reputation may result, in particular, from a
weakening of the image or reputation attaching to
(a) a trademark, whether registered or not;
(b) a trade name;
(c) the distinctive sign of the enterprise other than a trademark or a trade name;
(d) the external appearance of a product;