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Any act of competition contrary to honest practices in industrial or commercial matters.

Unfair competition is dishonest industrial or commercial practice.


The concept of dishonest practice is defined in Law 9.279, the Industrial Property Law.

Article 195. A crime of unfair competition is committed by anyone who:
I - publishes, by any means, a false statement, to the detriment of a competitor, in order to obtain an advantage;
II - provides or discloses, about a competitor, false information, in order to obtain an advantage;
III - employs fraudulent means, to divert, for his own benefit or for the benefit of others, the clientele of others;
IV - uses someone else's expression or advertising sign, or imitates them, in order to create confusion between products or establishments;
V - uses, improperly, the commercial name, title of establishment or insignia of others or sells, exhibits or offers for sale or has in stock a product with these references;
VI - substitutes, by his own name or corporate name, in another person's product, his name or corporate name, without his consent;
VII - it is attributed, as a means of advertising, a reward or distinction that it did not obtain;
VIII - sells or displays or offers for sale, in a recipient's container or wrapper, an adulterated or counterfeit product, or used to trade with a product of the same species, although not adulterated or falsified, if the fact does not constitute a more serious crime;
IX - gives or promises money or other utility to a competitor's employee, so that the employee, lacking the duty of employment, provides him with an advantage;
X - receives money or other utility, or accepts the promise of payment or reward, in order, in the absence of an employee's duty, to provide an advantage to the employer's competitor;
XI - discloses, exploits or uses, without authorization, confidential knowledge, information or data, usable in industry, commerce or service provision, excluding those that are public knowledge or that are evident to a technician in the subject, to whom had access through contractual or employment relationship, even after the end of the contract;
XII - disseminates, exploits or uses, without authorization, the knowledge or information referred to in the previous item, obtained by illegal means or which was accessed through fraud; or
XIII - sells, exhibits or offers for sale a product, declaring that it is the subject of a patent deposited, or granted, or of registered industrial design, which is not, or mentions it, in an advertisement or commercial paper, as deposited or patented, or registered , without being;
XIV - discloses, exploits or uses, without authorization, test results or other undisclosed data, the preparation of which involves considerable effort and which have been presented to government entities as a condition for approving the marketing of products.


Categories of Unfair Competition Acts

The acts of unfair competition generally recognized as the most common, are as follows:

  • cause confusion;

  • mislead;

  • discredit competitors;

  • disclose confidential information;

  • take advantage of third party achievements (parasitism); and

  • make comparative advertising.

Our legal team can guide you in the best way to protect you from unfair competition.

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