Article 217 provides that registration of a mark confers on the owner the right to take action against any third party who uses it without his consent and, in particular, carries out acts such as using in the course of trade a sign identical or similar to the registered mark, in connection with goods or services identical or similar to those in respect of which the mark is registered, when use of such sign might result in a likelihood of confusion or cause economic or commercial damage to its owner, or give rise to a dilution of its distinctive force. A likelihood of confusion shall be presumed when an identical sign is used to identify identical products or services.
The above provisions ensure that the obligations under Article 16.2 and 16.3 of the TRIPS Agreement, relating to the protection of geographical indications, are not nullified and impaired, since they recognize the right of exclusive use on condition of compliance with the requirements laid down in Articles 237 and 239. Use of the right by unauthorized persons shall be considered an act of unfair competition (Article 285) even where it is accompanied by terms such as "kind", "class", "type", "style", "imitation" or the like, which mislead the consumer.
Any aggrieved party may defend his rights pursuant to the provisions of Article 287 of the Act, without prejudice to other applicable legal remedies.