Shvets G., Gargala K. Unfair competition in the field of intellectual property.

Abstract

In the article the definition of "unfair competition" in accordance with international law and the current Law of Ukraine "On protection against unfair competition". Lists and describes actions in accordance with applicable law, which are seen as unfair competition. Shows the view of scholars regarding the shortcomings of the legislation in the sphere of unfair competition. Given the action. associated with the discrediting of a competitor (the discrediting of a competitor, the purchase and sale of goods, performance of works, rendering services with compulsory assortment, comparative advertising; inducing others to boycott a business entity, etc.). It is noted that the problems associated with unfair competition than anything else on the market of intellectual products. The analysis of violations in the sphere of intellectual property-related unfair competition. Shows the factors influencing the choice of methods of protection of enterprises against unfair competition, namely: the development of legislation on protection from unfair competition; the availability of fair competitive relations in the market; the awareness of business entities on the rights for protection against unfair competition; the desire of market participants to seek excessive profits; the protection of rights of business entities; establishing sustainable business relationship with partners; the degree of formation of the competitive environment; weaknesses in the management system; dependence on suppliers of raw materials from abroad. Provides direction for improving the system of protection of interests of businesses from unfair competition in Ukraine.