Misappropriation of Work Product

TCC Article 55(1)(c) treats unjustified exploitation of the results of others’ efforts as unfair competition. It also protects work products that are not covered by intellectual property rights.

Three Cases

• Entrusted work product (Article 55(1)(c)(1)): Unauthorised use of an offer, calculation, plan or similar work product entrusted to a person. Example: having another contractor execute a project received from a firm during a tender without awarding that firm the work.
• Improperly obtained work product (Article 55(1)(c)(2)): Using a third party’s work product while knowing, or being expected to know, that it was obtained without authorisation. Example: using technical drawings brought by an employee who left a competitor.
• Technical reproduction (Article 55(1)(c)(3)): Taking over and exploiting another’s market-ready work products by technical reproduction methods without an appropriate contribution of one’s own. Example: wholesale copying of a database or catalogue.

Limits

The provision does not prevent free use of ideas and solutions in the market; it prevents appropriating others’ efforts at no cost. Independent development, reverse engineering and producing similar products with one’s own contribution are generally lawful. The decisive question is whether the user has made its own effort and contribution.

Relationship with IP

Where the work product is also protected as a work, an industrial design or a patent, claims based on those rights are also available. Unfair competition protection matters where such rights do not exist or have expired. For confidential information see Trade Secret.

For remedies see Unfair Competition.