A.64 PART XI — Acts of Unfair Competition Acts of unfair competition 114. (1) On the request of the owner of a title of protection under this Act, or of any competent authority or any person, association or syndicate, the court may grant an interdict to prevent an act of unfair competition, award damages or grant any other remedy as the court may deem appropriate. (2) For purposes of this Act any act of competition which is contrary to honest practices in industrial or commercial matters shall constitute an act of unfair competition, and shall be unlawful. (3) The following, in particular, shall constitute acts of unfair competition — (a) any act of such a nature as to create confusion by any means whatever with the establishment, the goods or the industrial or commercial activities of a competitor; (b) the making of a false allegation in the course of trade of such a nature as to discredit the establishment, the goods, or the industrial or commercial activities of a competitor; (c) the making of allegations which, in the course of trade, is likely to mislead the public as to the nature, the manufacturing process, the characteristics, the suitability for their purpose, or the quantity of the goods of a competitor; (d) the use of a geographical indication that identifies specific products of a particular origin to designate products of the same description but not originating from the place indicated by the geographical indication, even where the true origin is indicated or the geographical indication used is accompanied by disclaimers or expressions such as “kind”, “type”, “style”, “imitation” or the like; (e) the use of geographical indications to indicate that products originate in a geographical region other than their true place of origin; or (f) any act or practice done in the course of industrial or commercial activities that results in obtaining, using or disclosing to third parties undisclosed information without the consent of the rightful holder of that information. (4) When, as a condition of approving the marketing of a pharmaceutical or agricultural chemical product that utilises new chemical substances, an authority in Botswana requires the submission of undisclosed tests or other data, the origination of which involves a considerable effort, such data shall be protected against unfair commercial use and disclosure and where it is necessary to protect the public, such data shall be disclosed on condition that steps are taken to protect it from unfair commercial use. (5) For the purposes of this section, information, data or a test shall be considered undisclosed if — (a) it is not, as a body or in the precise configuration or assembly of its components, generally known or readily accessible to persons within the circles within which it is normally dealt with;