Collection of Laws for Electronic Access YH MAURITIUS Part II Unfair Practice Application 3. The provisions of sections 4 to 9 of this Act shall apply to any of the industrial property enactments. General Principles 4.—(1) Any act or practice, referred to in sections 5 to 9 of this Act, which, in the course of any industrial or commercial activity, is contrary to honest commercial practice, shall be unlawful. (2) Any act, referred to in subsection (1), shall amount to an act of unfair practice and may give rise to a claim in damages. (3) In any action under this Act, the court may, notwithstanding any other enactment, grant such remedies, by way of damages, injunction, forfeiture or otherwise as the court may deem fit. (4) For the purposes of subsection (1), the term “contrary to honest commercial practice” shall include any practice, which may constitute a breach of contract, a breach of confidence, an inducement to breach or the acquisition of undisclosed information by third parties who knew, or were grossly negligent in failing to know, that any such practice was involved in the acquisition. Causing Confusion with Respect to Another’s Enterprise or Activities 5. Any act or practice which, in the course of an industrial or commercial activity, causes or is likely to cause, confusion with respect to another’s enterprise or its activities, in particular, the products or services offered by such enterprise, shall constitute an unfair practice. (2) Such confusion referred to in subsection (1) may, in particular, be caused with respect to any of the following— (a) a trademark, whether registered or not; (b) a trade name; (c) a business identifier other than a trademark or trade name; (d) the appearance of a product; (e) the presentation of products or services; or (f) a celebrity or a well-known fictional character. MU003EN Unfair Competition, Act, 08/08/2002, No. 22 page 3/7