ABU DHABI - "The most common recognized acts of unfair competition are confusion, misleading, discrediting competitors, disclosure of secret information, taking advantage of another’s achievements (free riding), and comparative advertising," according to Ms. Yousria Abu Elezz, Executive Director at Abu-Ghazaleh Legal - Abu-Dhabi Office.
Speaking at the Fourth Symposium for Combating Commercial Fraud and Counterfeiting in the Gulf Cooperation Council (GCC) Countries, Ms. Abu Elezz tackled in details the Role of Unfair Competition Laws in Combating Commercial Fraud and Counterfeiting and the legal framework that provides the necessary protection against fraud, counterfeiting, and unfair competition.
Ms. Abu Elezz also discussed the Paris Convention for the Protection of Industrial Property and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, both of which include special provisions that provide effective protection against unfair competition.
"UAE laws incorporated provisions related to unfair competition, fraud and counterfeiting. Such laws include: Commercial Transactions Law No. 18 of 1993, Federal Law No. 4 of 1979 for Combating Fraud and Counterfeiting in Commercial Transactions, and Trademark Law No. 37 of 1992," she said.
She added, "Unfair competition laws are necessary either to supplement industrial property laws or to grant a type of protection that no such law can provide."
The Sept. 20-21 symposium was held under the patronage of Sheikha Lubna Al Qasimi, UAE’s Minister of Economy and Planning and organized by the UAE’s Ministry of Economy and Planning in cooperation with Abu Dhabi Chamber of Commerce and Industry, the Secretariat-General of the GCC, the GCC Federation of Chambers of Commerce in addition to UAE’s Federation of Chambers of Commerce and Industry.
The symposium recommended drafting a unified law to combat fraud and counterfeiting as well as a joint consumer protection law in the GCC states.
The GCC Secretariat is also considering several draft regulations relating to e-commerce transactions to combat fraud.