Art. 132. – Unfair commercial competition.

A trader may claim damages under Art. 2057 of the Civil Code from any person who commits an act of competition which amounts to a fault.

Art. 133. – Cases of unfair competición

1. Any act of competition contrary to honest commercial practice shall constitute a fault. Anything that diminishes the value of a business

2. The following shall be deemed to be acts of unfair competition:

a. any acts likely to mislead customers regarding the undertaking, products or commercial activities of a competitor;

b. any false statements made in the course of business with a view to discrediting the undertaking, products or commercial activities of a competitor.

Art.134. – Effect of unfair competition.

1. The court may, in cases of unfair competition:

a. order that damages he paid by the unfair competitor; and

b. make such orders as are necessary to put an end to the unfair competition.

2. The court may in particular:

a. order the publication, at the costs of the unfair competitor, of notices designed to remove the effect of the misleading acts or statements for the unfair competitor, in accordance with Art. 2120 of the Civil Code;

b. order the unfair competitor to cease his unlawful acts in accordance with Art. 2122 of the Civil Code.

Section 3. – Trade-Name

Art. 135. 7. – Definition.

1. A trade-name is the name under which a person operates his business and which clearly designates the business.

2. The relevant provisions of Book II of this code shall apply to firm-names and business organizations.

Art. 137. – Trader's Name

a. Every trader may carry on his trade under his family name with or without his patronymic:

Provided that Art. 45 of the Civil Code shall apply where such name or patronymic is likely to create confusion in a manner prejudicial to the interests of another trader.

b. Where proceedings for unfair competition are instituted by reason of confusion created by the use of the trader's name, the court may order that damages be paid by the trader who created confusion. and may, in addition order such trader to include his surname or patronymic in his trade-name so as to obviate confusion.

Art. 138. – Assumed name.

1. Every trader may, carry on his trade under an assumed name provided such is not likely to create confusion in a manner prejudicial to the interests of another trader.

2. Where proceedings for unfair competition are instituted by reason of confusion created by the use of an assumed name, the court may order that damages be paid by the trader who created confusion and way, in addition, prohibit such trader from using the assumed name.

Art.139. – Assignment of trade-name.

1. The trade-name may not be assigned except together with the business to which it refers

2. The trade-name may not he used by the new trader unless it is followed by the name of such trader and by the words “successor” or “lessee”. The now trader may only use his own name in signing commercial papers.

Section 4. Distinguishing Marks

Art. 140.- Definition.

1. A distinguishing mark is the name designation sign or emblem affixed on the premises where the trade is carried on and which clearly designates the business.

2. The use of distinguishing mark is not compulsory

Art. 141. Choice of distinguishing mark.

A trader may choose any distinguishing mark.

Damages may be claimed on the ground of unfair competition where the distinguishing mark is likely to create confusion in a manner prejudicial to another trader having used an identical or distinguishing mark.

Art 148. – Patents.

1. A business may consist of patents relating to registered inventions, trade-marks, designs and models.

2. Patents shall be subject to the provisions of special laws.