All ▸ Bar 2024 ▸ COMMERCIAL AND TAXATION LAWS ▸ VI. INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES (R.A. No. 8293) ▸ B. Trademarks ▸ 6. Unfair Competition - Section 168

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B. Trademarks - Unfair Competition - Section 168
Company A is a well-known manufacturer of electronic gadgets in the Philippines. They have a trademark registration for their brand "TechWiz" in Class 9 for electronic devices and accessories. Company B, a competing electronics company, recently introduced a new gadget called "TechMaven" which bears a striking similarity to Company A's "TechWiz."

Company A believes that Company B's use of the similar trademark "TechMaven" is causing confusion among consumers and is an act of unfair competition. They are considering taking legal action against Company B under Section 168 of the Intellectual Property Code of the Philippines.

Based on this scenario, discuss the following:

Explain the concept of unfair competition as provided under Section 168 of the Intellectual Property Code.
What elements need to be proven for a claim of unfair competition to be successful?
Analyze whether Company A has a valid claim for unfair competition against Company B based on the given scenario.
What remedies are available to Company A if their claim for unfair competition is successful?

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