unfair competition
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2021 ◽  
pp. 313-329
Author(s):  
Ángel Martínez Gutiérrez ◽  
Trinidad Vázquez Ruano

Since the nineties of the previous century, qualified geographic names have been covered by a harmonised EU-wide protection system whose main feature is the recognition of exclusive rights. Such rights are generally parallel to those deriving from the registration of a brand. Accordingly, they are not solely protected by the measures provided in the rules on unfair competition but also by a EU protection system based on granting the group of traders that had sought and obtained recognition of the protected designation of origin or geographical indication a monopoly over the use of a given geographic name and the possibility to seek remedy against any unlawful use of it. In this sense, the information provided generally benefits the market as well as merchants and consumers.


2021 ◽  
Vol 11 (-) ◽  
pp. 14-17
Author(s):  
Lina LEONTIEVA

In this paper theoretical and practical questions are considered in relation to trademarks, the legislative base of institute of intellectual property is Analysed that touches a trade ark exactly, The legislative base of institute of intellectual property is analysed that touches a trade ark exactly, namely by Constitution of Ukraine, Civil Code of Ukraine; Economic to Code of Ukraine; A law of Ukraine is “On the guard of rights on signs for commodities and services”, Law of Ukraine “On protecting from an unfair competition”, Law of Ukraine “About an advertisement”. Drawn conclusion in relation to the legal adjusting of rights that is given by national legal acts and terms of grant of legal safeguard that research is examined in scientific. During consideration of this research a question is considered, that it is exactly necessary it is necessary to bear in a mind at determination of concept trademark, investigational that is grounds for acquisition of legal safeguard on a trademark and outlined that are grounds at confession of trademark invalid. Problems that appear in the field of the legal adjusting of trademark in Ukraine are investigational. The aspects of legal methods of protection of ownership rights are reflected on trademarks, and also the ways of analysis of situation and most optimal methods and effective mechanisms of defence are certain. In detail paid attention during research of functions, that is executed by a trademark and their maintenance that to our opinion has an important value for understanding of features of her legal defense is considered. By the basic functions of trademark certainly: replacement commodity or services among other partial, that are in civil turnover; replacement on the origin of commodity or services; industry on certain of commodity of services; advertising of this commodity of services.


2021 ◽  
Vol 30 ◽  
pp. 152-163
Author(s):  
Gea Lepik

With aims of protecting trade mark proprietors against commercial practices of third parties that could hinder the use of the trade mark in informing and attracting customers, negatively influence its selling power, or exploit its attractive force, the EU legislator and the Court of Justice of the EU (CJEU) have broadened the protection afforded under trade mark law to cover such acts. At the same time, the CJEU has sought appropriate balance between the exclusive rights of trade mark proprietors and the interests of third parties, in allowing those practices that can be deemed acceptable as part of fair competition. The author argues that, in consequence, EU trade mark law is becoming ever more an EU law of unfair competition with regard to practices that involve the use of trade marks. The article represents an attempt to explain these developments by looking at specific policy choices and decisions of the CJEU on the protection of trade marks, alongside the wider context of EU law dealing with unfair competition. A key conclusion is that, in light of the lack of harmonisation of unfair competition law in the EU (at least pertaining to practices that affect businesses), the widening of the scope of protection under trade mark law helps to ensure the necessary degree of harmonisation while avoiding a parallel system of protection. When compared to pre-existing EU instruments of unfair competition law that prohibit certain uses of trade marks, this approach provides trade mark proprietors with a more efficient mechanism for enforcing their rights. In the course of elucidating this finding, the article gives the reader an understanding of how EU law addresses the protection of the commercial value of trade marks.


Author(s):  
O. Yu. Kirillova ◽  
R. M. Khalfin ◽  
G. K. Malyshev

In this article discussed basic concept of Russian public procurement. Also stated the problem of monopsony byer power during tendering procedures or unfair competition in the sphere of public procurement. This happenes when byer sets restricting parameters on technical requirement documents for tendering objects. Accordingly, in the authors’ view the most effective way of counteracting this problem is public control. This article contains results of the survey that was made during the research that suggest an almost direct correlation between nominal saving and number of complaints filed against the organizer of public procurement procedures. Moreover, this article contains overview on the Russian public control institution. The article ends with a authors idea of efficient in combating monopsony byer power in public procurement by creating a special internet service for filling complaints and suggestions of public procurement stakeholders. This data hub will increase efficiency of interaction between stakeholders, organizers and government.


2021 ◽  
Vol 15 (3) ◽  
pp. 106-118
Author(s):  
Aleksey A. Chesnokov ◽  

The article is devoted to identifying and in-depth analysis of those threats, that arise when implementing aggregating digital platforms. The objectives of the research are to consistently consider the following problems of modern digital platforms: price discrimination, dissatisfaction on the part of performers, violation of the spirit of labor legislation, unfair competition, violation of the principle of distribution of risks and profits, the danger of competition of digital platforms. Research methods: analysis and synthesis of information from domestic and foreign sources, statistical analysis, historical analysis. The study identified and analyzed six types of threats that come from digital platforms. On the example of “Yandex. Taxi” aggregator and examples from international practice it is shown that all these threats take place all over the world, including Russia. It is also shown that these threats and their growing influence are directly related to the growing influence of digital platforms, which are strengthening their positions in relation to citizens, organizations and government. The following generalizing conclusions were made: digital platforms have ample opportunities to conduct unfair competition, violation of labor, antimonopoly and other legislation; individual cases of local violations or unfair actions add up to a single model of the development of threats around the world; in the global digital wars of corporations, the losers are citizens and states. To reduce risks and reach a long-term stabilization of digitalization threats, it is necessary to develop and implement significant methods of public and state control in the field of high technologies; first of all - to reform the labor and related legislation so that it takes into account the realities of the modern development of information technologies. It is shown that domestic legislation is still seriously lagging behind modern trends in the socio-economic structure. The research results are applicable to modern Russian jurisprudence, economics and sociology, where they relate to the issues of the digital economy and the activities of digital platform.


Author(s):  
N. V. Galaktionova

This paper will consider certain aspects of unfair competition and the economic security of an organization. For greater clarity and clarity, the threats of unfair competition were considered in two categories: industrial espionage and unfair advertising.


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