Mauritius
Protection against Unfair Practices (Industrial Property Rights) Act
Act 22 of 2002
- Commenced on 6 January 2003
- [This is the version of this document at 30 June 2017.]
Part I – Preliminary
1. Short title
This Act may be cited as the Protection against Unfair Practices (Industrial Property Rights) Act.2. Interpretation
In this Act—"appearance", in relation to a product, includes its packaging, shape, colour or other non-functional characteristics;"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, trade name 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;"practice" includes an omission to act;"trademark" includes any mark relating to goods, service or to both goods and services;"unfair practice" includes any act referred to in—(a)section 52 of the Patents, Industrial Designs and Trademarks Act;(b)section 3 of the Geographical Indications Act;(c)section 15 of the Layout-Designs (Topographies) of Integrated Circuits Act; and(d)section 4 of this Act;by a person other than the owner of the title of protection and without the agreement of the latter.Part II – Unfair practice
3. Application
Sections 4 to 9 shall apply to any of the industrial property enactments.4. General principles
5. Causing confusion with respect to another's enterprise or activities
6. Damaging another's goodwill or reputation
7. Misleading the public
8. Discrediting another's enterprise or activities
9. Unfair competition in respect of secret information
10. Offences
Any person who contravenes section 4 (1) shall commit an offence and shall, on conviction, be liable to a fine of 250,000 rupees and to imprisonment for a term not exceeding 5 years.11. Civil liability
12. Regulations
The Minister may make regulations prescribing all matters that are required or permitted to give effect to this Act.13. ***
History of this document
30 June 2017 this version
Consolidation
06 January 2003
Commenced