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Section 4: General principles

Protection Against Unfair Practices (Industrial Property Rights) Act · PART II: UNFAIR PRACTICE

consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

4. General principles (1) Any act or practice, referred to in sections 5 to 9 which, in the course of any industrial or commercial activity, is contrary to honest commercial practice, shall be unlawful. (2) Any act referred to in subsection (1) shall amount to an act of unfair practice and may give rise to a claim in damages. (3) In any action under this Act, the Court may, notwithstanding any other enactment, grant such remedies, by way of damages, injunction, forfeiture or otherwise, as the Court may think fit. (4) For the purposes of subsection (1), the term “contrary to honest commercial practice” shall include any practice, which may constitute a breach of contract, a breach of confidence, an inducement to breach or the acquisition of undisclosed information by third parties who knew, or were grossly negligent in failing to know, that any such practice was involved in the acquisition.

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