On
Unfair Competition, Fraudulent Registration Of Trade Name, TradeMark, Or Service Mark, Fraudulent Designation Of Origin, And False Description

ART.189.

Superseded by RA 8293, the Intellectual Property Code, Jan. 1, 1998.

UNFAIR COMPETITION: consists of employing deception or any other means contrary to good
faith by which any person shall pass off the goods manufactured by him or in which he deals, or his business, or services for those of the one having established goodwill, or committing any acts calculated to produce such result

ACTS PUNISHED:
1. Unfair competition by selling his goods, giving them the general appearance of the goods of another manufacturer or dealer.
2. Fraudulent designation of origin by
(a) affixing to his goods or using in connection with his services a false designation of origin; or any false description or representation, and
(b) selling such goods or services.
3. Fraudulent registration by procuring fraudulently from the patent office the registration of t/m, t/m, or service mark.

ELEMENTS OF UNFAIR COMPETITION:
1. That the offender gives his goods the general appearance of the goods of another manufacturer or dealer;
2. That the general appearance is shown in the
(a) goods themselves,
(b) wrapping of their packages,
(c) device or words therein, or in
(d) any other feature of their appearance;
3. That the offender offers to sell or sells those goods or gives other persons a chance or opportunity to do the same with a like purpose; and
4. That there is actual intent to deceive the public or defraud a competitor.