Laws and Regulations under TRIPS Art. 63.2 - View details of the document

Protection against Unfair Competition Act, 1998
This Act implements Articles 39-40 of the TRIPS Agreement and, inter alia, defines those acts or practices which amount to unfair competition, or can cause dilution of the goodwill or reputation of goods or services. Commercial activity designed to mislead the public in terms of the value of goods and services, and the disclosure or acquisition of secret information relating to a commercial enterprise, without the consent of the rightful holder of such information, are also prohibited under the Act. The Act also creates the criminal offence disclosure of secret information by competent authorities. It also provides for civil proceedings in the High Court in relation to contravention of the Act. The Court retains sole jurisdiction over matters under the Act.