Industrial Property Law
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Administrative and professional organization
Part 2: Trademarks, service marks and other distinctive signs
Part 3: Patents
Title 1: Introduction
Title 2: Subject matter of protection
Title 3: Acquisition of property rights
Title 4: Rights conferred under design protection
Section 1: Bringing infringement proceedings
Section 2: Interim measures
Section 3: Proof of infringement
I: Assessment of harm
II: Remedial measures / Publication of judgment
A: Subsidiary character of unfair competition action
Chapter 2: Criminal action for infringement
Chapter 3: Customs detention
518. Admissibility
1 minute de lecture
Based on the tort liability (delict or quasi-delict) laid down in Article 1240 of the Civil Code, an action for unfair competition requires proof of fault , harm to the plaintiff and a causal link between the fault and the harm .
Fault (tort) is characterized by acts contrary to fair trading , such as the deliberate creation of a risk of confusion in the minds of consumers as to the origin of the …
