Protection Against Unfair Competition
PROTECTION AGAINST UNFAIR
COMPETITION ACT

CHAPTER 82:36

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Act
27 of 1996

Amended by
18 of 2000

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–8 ..

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Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.

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Protection Against Unfair Competition Chap. 82:36 3

CHAPTER 82:36

PROTECTION AGAINST UNFAIR
COMPETITION ACT

ARRANGEMENT OF SECTIONS
SECTION

1. Short title.
2. Commencement.
3. Interpretation.
4. General principles.
5. Causing confusion with respect to another’s enterprise or its activities.

6. Damaging another’s goodwill or reputation.
7. Misleading the public.

8. Discrediting another’s enterprise or its activities.
9. Unfair competition in respect of secret information.

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4 Chap. 82:36 Protection Against Unfair Competition

CHAPTER 82:36

PROTECTION AGAINST UNFAIR
COMPETITION ACT

An Act to provide for protection against unfair competition.

[ASSENTED TO 16TH AUGUST 1996]*

1. This Act may be cited as the Protection Against Unfair
Competition Act.

2. This Act came into operation on 1st December 1997.

3. In this Act—
“appearance of a product” includes the packaging, shape, colour

or other non-functional characteristic features of the product
in question;

“business identifier” includes business symbols, emblems, logos
and slogans used by an enterprise to convey in the course
of industrial or commercial activities, a certain identity with
respect to the enterprise and the products produced or the
services rendered by that enterprise;

“dilution of goodwill or reputation” means the lessening of the
distinctive character or advertising value of a trade mark,
trade name or other business identifier, the appearance of a
product or the presentation of products or services or of a
celebrity or well-known fictional character;

“industrial or commercial activities” include the activities of
professionals and other such persons;

“practice” includes an omission to act;
“presentation of products or services” includes advertising;
“trade mark” includes marks relating to goods, marks relating to

services and marks relating to both goods and services.

27 of 1996.

Short title.

Commencement.
[255/1997].

Interpretation.

* See section 2 for commencement date of this Act.

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Protection Against Unfair Competition Chap. 82:36 5

4. (1) In addition to the acts and practices referred to in
sections 5 to 9, any act or practice, in the course of industrial or
commercial activities, that is contrary to honest practices shall
constitute an act of unfair competition.

(2) Any person damaged or likely to be damaged by an
act of unfair competition shall be entitled to the remedies obtainable
under the civil law of Trinidad and Tobago.

(3) This section and sections 5 to 9 shall apply
independently of, and in addition to, any legislative provisions
protecting inventions, industrial designs, trade marks, literary and
artistic works and other intellectual property subject matter.

5. (1) Any act or practice, in the course of industrial or
commercial activities, that 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 act of unfair competition.

(2) Confusion may, in particular, be caused with respect
to any of the following:

(a) a trade mark, whether registered or not;
(b) a trade name;
(c) a business identifier other than a trade mark or

trade name;
(d) the appearance of a product;
(e) the presentation of products or services;
(f) a celebrity or a well-known fictional character.

6. (1) Any act or practice, in the course of industrial or
commercial activities, that damages, or is likely to damage, the
goodwill or reputation of another’s enterprise shall constitute an
act of unfair competition, regardless of whether such act or practice
causes confusion.

(2) Damaging another’s goodwill or reputation may, in
particular, result from the dilution of the goodwill or reputation
attached to any of the following:

(a) a trade mark, whether registered or not;
(b) a trade name;

General
principles.
[18 of 2000].

Causing
confusion with
respect to
another’s
enterprise or its
activities.

Damaging
another’s
goodwill or
reputation.

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6 Chap. 82:36 Protection Against Unfair Competition

(c) a business identifier other than a trade mark or
trade name;

(d) the appearance of a product;
(e) the presentation of products or services;
(f) a celebrity or a well-known fictional character.

7. (1) Any act or practice, in the course of industrial or
commercial activities, that misleads, or is likely to mislead, the
public with respect to an enterprise or its activities, in particular,
the products or services offered by such enterprise, shall constitute
an act of unfair competition.

(2) Misleading may arise out of advertising or promotion
and may, in particular, occur with respect to any of the following:

(a) the manufacturing process of a product;
(b) the suitability of a product or service for a

particular purpose;
(c) the quality or quantity or other characteristics of

products or services;
(d) the geographical origin of products or services;
(e) the conditions on which products or services are

offered or provided;
(f) the price of products or services or the manner in

which it is calculated.

8. (1) Any false or unjustifiable allegation, in the course of
industrial or commercial activities, that discredits, or is likely to
discredit, another’s enterprise or its activities, in particular, the
products or services offered by such enterprise, shall constitute an
act of unfair competition.

(2) Discrediting may arise out of advertising or promotion
and may, in particular, occur with respect to any of the following:

(a) the manufacturing process of a product;
(b) the suitability of a product or service for a

particular purpose;
(c) the quality or quantity or other characteristics of

products or services;

Misleading the
public.

Discrediting
another’s
enterprise or its
activities.

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Protection Against Unfair Competition Chap. 82:36 7

(d) the conditions on which products or services are
offered or provided;

(e) the price of products or services or the manner in
which it is calculated.

9. (1) Any act or practice, in the course of industrial or
commercial activities, that results in the disclosure, acquisition
or use by others of secret information without the consent of
the person lawfully in control of that information (hereinafter
referred to as “the rightful holder”) and in a manner contrary
to honest commercial practices shall constitute an act of
unfair competition.

(2) Disclosure, acquisition or use of secret information
by others without the consent of the rightful holder may, in
particular, result from—

(a) industrial or commercial espionage;
(b) breach of contract;
(c) breach of confidence;
(d) inducement to commit any of the acts referred to

in paragraphs (a) to (c);
(e) acquisition of secret information by a third

party who knew, or was grossly negligent
in failing to know, that an act referred to
in paragraphs (a) to (d) was involved in
the acquisition.

(3) For the purposes of this section, information shall
be considered “secret information” if—

(a) it is not, as a body or in the precise configuration
and assembly of its components, generally known
among or readily accessible to persons within the
circles that normally deal with the kind of
information in question;

(b) it has commercial value because it is secret; and;
(c) it has been subject to reasonable steps under

the circumstances by the rightful holder to keep
it secret.

Unfair
competition in
respect of secret
information.
[18 of 2000].

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(4) Any act or practice, in the course of industrial or
commercial activities, shall be considered an act of unfair
competition if it consists or results in—

(a) an unfair commercial use of secret test or other
data, the origination of which involves
considerable effort and which have been
submitted to a competent authority for the
purposes of obtaining approval of the marketing
of pharmaceutical or agricultural chemical
products which utilise new chemical entities; or

(b) the disclosure of such data, except—
(i) where necessary to protect the public; and

(ii) where steps are taken to ensure that the
data are protected against unfair
commercial use.

(5) Subsection (4) shall be construed as precluding, in
particular, any person other than the person who submitted
undisclosed tests or other data, the origination of which involves
a considerable effort, from relying on such data in support of
an application for product approval for a reasonable period of
time after the submission of those tests or data and the period of
time shall be determined by the Court, taking account of the nature
of the data and the person’s efforts and expenditure in producing
them, and shall normally not be less than five years.

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