Last week Huťko successfully finished his IP distance learning course in order to get to WIPO´s Summer School in Geneva. Inspired by course Huťko decided to share two really nice food examples that were included in the unfair competition module.
Dear readers, would you consider following to be misleading according to your national laws?
Example 1What a lovely examples Huťko says!If chemical ingredients is generally forbidden in bread, would you consider an advertising claim that a certain bread "was without chemical ingredients" to be deceptive, though literally true?
Example 2When an ad claims that a slice of bread from one type of loaf has fewer calories than a slice from a different type of loaf, while this is solely due to the fact that it is thinner.
International framework is set in article 10bis (3) of the Paris Convention. The acts which, in particular, shall be prohibited:
... indications or allegations the use of which in the course of trade is liable to mislead the public as to the nature, the manufacturing process, the characteristics, the suitability for their purpose, or the quantity, of the goods.