382 COMPETITION LAW IN TOURISM In other words, instead of determining which practices are competitive, the law will generally state the ones that are not. International treaties like the Paris Convention for the Protection of Industrial Property (hereinafter Paris Convention), play an important role. Signed in 1883, the Paris Convention has 196 contracting parties, which makes it the largest international legal unifier in the matter of unfair competition by expressly forbidding it in its Article 10 bis. Three specific forms of unfair competition were also established in the article: acts of confusion, which will be the primary subject of this chapter, false allegations andmisleading indications.Althougheveryparty shouldregulateunfair competition, these three forms were taken as an indisputable base for it. Because specific forms of unfair competition vary from one legal system to another, and some of them may not be adopted the same way in every country, by stipulating them in the treaty, the World Intellectual Property Organization (WIPO) made sure that every signing party had at least these three forms. Such decision was reaffirmed by the Agreement onTrade-Related Aspects of Intellectual Property Rights (TRIPS) in various articles related to geographical indications and trade secrets. It is safe to say that the broad wording of the Paris Convention and its antiquity have led parties to regulate unfair competition and its different forms in a more specific and comprehensive manner. Further, scholars have shown a great interest in this subject, and much has been written about unfair competition and confusion-causing acts as a particular form of it. This chapter aims to clearly establish from a theoretical perspective on how confusion-causing acts influence tourism, as well as possible effects on competition between tourism service providers. To do so, some concepts and characteristics regarding these acts and unfair competition will be addressed. Also, the theoretical approach regarding the triple function of unfair competition laws will be explained emphasising the “tourist as consumer” protection perspective. Finally, some points about the influence of such acts on the tourism sector as an industry will be explored as well. 2. CONFUSION-CAUSING ACTS 2.1. General Aspects: Imitation vs. Confusion These acts have very peculiar legislative treatment. The Paris Convention for the Protection of Industrial Property (PUC) (1883) establishes in its Art. 10 subsections 2 and 3, the following provisions:
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