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Section 5: Causing confusion with respect to another’s enterprise or activities

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.

5. Causing confusion with respect to another’s enterprise or activities (1) Any act or practice which, in the course of an industrial or commercial activity, causes or is likely to cause confusion with respect to another’s enterprise or its activities, in particular, the products or services offered by such enterprise, shall constitute an unfair practice. [Issue 1] P43 – 2 (2) Such confusion referred to in subsection (1) may, in particular, be caused with respect to any of the following— (a) a trademark, whether registered or not; (b) a trade name; (c) a business identifier other than a trademark or trade name; (d) the appearance of a product; (e) the presentation of products or services; or (f) a celebrity or a well-known fictional character.

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