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Glossary · Legal

What is Unfair Competition?

Unfair competition is harming competitors or customers through commercial practices contrary to the rule of good faith. Misleading statements, presentation that causes confusion with someone else's product or store, untrue claims about a competitor and unlawful use of trade secrets all fall within its scope.

Detail

Its most common forms in e-commerce are unauthorized use of competitors' product images, fake reviews and ratings, claims of discounts that were never actually applied, and misleading stock notices suggesting an item is about to run out. Unfair competition provisions can be relied on even without a registered right; for products with no design registration this may be the only basis. The claims available are determination, prohibition, removal of the consequences and damages. Keeping screenshots as evidence with time stamps determines how fast the process moves.

Example

A discount claim shown by striking through an old price that was never actually charged becomes a complaint under both consumer legislation and unfair competition.
FAQ

Common questions on this topic.

How is Unfair Competition calculated?

Its most common forms in e-commerce are unauthorized use of competitors' product images, fake reviews and ratings, claims of discounts that were never actually applied, and misleading stock notices suggesting an item is about to run out. Unfair competition provisions can be relied on even without a registered right; for products with no design registration this may be the only basis. The claims available are determination, prohibition, removal of the consequences and damages. Keeping screenshots as evidence with time stamps determines how fast the process moves.

Why does Unfair Competition matter?

Its most common forms in e-commerce are unauthorized use of competitors' product images, fake reviews and ratings, claims of discounts that were never actually applied, and misleading stock notices suggesting an item is about to run out. Unfair competition provisions can be relied on even without a registered right; fo…

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