The fight against unfair competition is one of the areas in which INVESTIG CORP Private investigator has developed recognized expertise over the years
Legal definition of unfair competition
The notion of unfair competition is sometimes misguided and it is important to remember that, distinct from counterfeiting, it includes any act that “tends to harm the industry of others” by means contrary to good business practices.
These acts are reprehensible because unfair and any person, physical or moral, can obtain compensation for the damage suffered on the basis of the law of civil liability (articles 1240 and 1241 of the Civil Code).
This is based on the triptych: fault, prejudice and causal link between fault and harm. It is fundamental to prove successively these three notions. The role of the private detective is mainly to collect evidence of the fault of the opponent.
In case of misconduct, case law has grouped acts of unfair competition into four main categories: confusion, denigration, disorganization and parasitism.
Action in unfair competition
unfair competitionThe act of unfair competition starts with the collection of evidence necessary for the success of its claim. Once collected, comes the time of legal action strictly speaking with the taking of provisional measures or not, then the seizure of the trial judge.
The nature of the opponent will depend on the court to seize, and its place of establishment will depend on the court geographically competent.
In the particular case of a former employee held by a non-competition clause, a labor court action to have the clause refunded will precede a commercial action to compensate the company victim for the damage caused.
Evidence of unfair competition
As mentioned above, the collection of evidence is the first step in an unfair competition action. This collection must be done before any assignment and in the greatest secrecy, only a very small number of employees must be in the confidence.
Indeed, if he is aware of a legal action pending or pending, the perpetrator of acts of unfair competition may cease its actions, destroy evidence or be very suspicious.
It is therefore essential to preserve the effect of surprise. This evidence is usually collected by the victim and a private detective agency.
With a rich experience in the field, INVESTIG CORP Private investigator puts its know-how at the service of its customers and their advice.
Evidence of unfair acts is collected by means of spinning and surveillance, interviews of different actors, telephone calls … Each case is specific and it is necessary to adapt to its particularities.
Examples of acts of unfair competition
Insofar as the acts of commerce and the technological means are in constant evolution, the related case law adapts permanently to the new unfair practices.
Also, if great principles have been established by case law over time, each case is specific and casuistry is paramount in the analysis of a case of unfair competition.
We invite you to visit the pages dedicated to the examples of unfair competition to give you an opinion on the subject.
In case of doubt concerning your case, we invite you to contact the agency INVESTIG CORP and who can, if necessary, refer you to a law firm specialized in the field.
Difference between counterfeiting and unfair competition
As mentioned above, unfair competition is based on the law of civil liability whereas the notion of counterfeiting is based on the law of intellectual property (industrial or literary and artistic).
Their intellectual and legal foundations are therefore distinct, as are the judicial procedures associated with them.
It should nevertheless be noted that in an infringement procedure, in the alternative, it is possible to invoke the concept of unfair competition in the event that the materiality of an intellectual property right is questionable.