Unfair Competition & Advice Consultation

What is unfair competition?

Generally, any act of competition contrary to honest practices in industrial or commercial matters. The following in particular are regarded as acts of unfair competition:

1. All acts 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.

2. False allegations 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.

3. Indications or allegations, the use of which, in the course of trade, is likely to mislead the public as to the nature, the manufacturing process, the characteristics and the suitability for their purpose.

Unfair competition is regulated by the Fair Trading Acts of the various states of Australia in respect of the behaviour of individuals and by the Federal Trade Practices Act in respect of the behaviour of companies, as well as by common law.

TradeMarks Australia is able to provide advice and guidance as to whether or not a particular mode of behaviour in business constitutes unfair competition.

Please contact our office via email info@trademarksaustralia.com.au if you have any queries.

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