ОКРЕМІ АСПЕКТИ РЕАЛІЗАЦІЇ ЗАХИСТУ ВІД НЕДОБРОСОВІСНОЇ КОНКУРЕНЦІЇ У СФЕРІ ПРОМИСЛОВОЇ ВЛАСНОСТІ
Keywords:
unfair competition, competition law, protection against unfair competition, administrative and economic sanctions, trademark, commercial nameAbstract
The article explores the problems of implementing protection against unfair competition in the field of industrial property, in particular the use of commercial names. The gaps in the current legislation that do not allow for the full and effective implementation of decisions of antimonopoly or judicial authorities to stop the offense are considered. Proposals have been developed to improve legislation to ensure the proper implementation of protection against unfair competition in the field of industrial property. The definition of unfair competition under national legislation and international acts is analyzed. Attention is drawn to the complexity of the execution of a decision related to the cessation of misuse of the commercial name. The law applicable body in its decision obliges the offender to stop using the designation, but how this should be done is not established. The impossibility of enforcement of the decision to terminate the use of a commercial nameis proved, since this designation is not only an object of intellectual property, but also an obligatory element of the legal personality of the legal entity-offender, therefore, changing the name requires amendments to the constituent documents by decision of the General Meeting. It is proposed to provide by law that if the offender does not comply with the decision of the antimonopoly body or court within the period established in the decision and does not notify of its execution, the antimonopoly body applies to the court or the court independently opens proceedings (if there was a court decision to prohibit the use of a commercial name) with a statement on the termination of the legal entity.
