Abstract
The historic basis of the law against unfair competition in Belgium is Article 1382 Civil Code (the Code Napoleon) on tort liability. A merchant who violated, on purpose or by negligence, with a competitive aim, a right that a competitor derived from an industrial or commercial organisation committed an act of unfair competition.1 The law of “concurrence deloyale” was seen as a tool to protect the “business” (“fonds de commerce”) as the sum of the different elements used by a merchant to operate on the market: his trade name and trade marks, the design of his products, his goodwill, his contracts with suppliers and clients, his manufacturing processes and so on. The law against unfair competition was hardly distinct from the law of industrial property that was its inspiration.
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