Summary:
This law provides for the protection against unfair competition to fulfill the obligations of Barbados under the Agreement on Trade-Related Aspects of Intellectual Property Rights of the World Trade Organisation.
Description:
The Protection against Unfair Competition Act states provisions on civil remedies for “the prevention of unfair competition or to prohibit the continuation of the act of unfair competition”. Those provisions also works for “the recovery of damages for injury suffered as a result of the unfair competition” (Section 3.1.a and b).
In this sense, for FULL purposes, this document is relevant for acknowledging that “misleading the public may arise out of an advertisement or promotion” (Section 7). The idea of misleading the public is recognized as a form of unfair competition in Section 4.1.a.iii. In addition to that, the law considers that advertisements and promotions with respect to the quality, quantity or other characteristics of products or services, among other factors, may misled the public. (Section 7.c).