relying on comparisons based exclusively on insignificant or incomparable facts and which contain negative views on a competitor and/or its goods; unfair acquisition and the use of exclusive rights as a means of individualisation – the provisions are useful in cases involving trademark trolls; unauthorised use of a competitor’s intellectual property; copying and imitation (eg, of a product’s packaging); illegal receipt, use or disclosure of information constituting a commercial or other secret protected by law; and. Doing so is called trade libel — and it’s another type of unfair competition law. In case of confusion, the products of a business entity resemble the products of a competitor by any parameters so that a consumer can mistake its goods for the competitor’s goods. One strategy may be to file a complaint with the FAS or to enter classic civil litigation, while in other cases direct communication with the host provider as an information intermediary could be considered. Federal Law No.

The FAS frequently considers cases of unfair competition and unfair advertising in Russia. Every state has a set of intellectual property laws. State laws mainly govern unfair competition, although issues of trademark infringement, false advertisement, and copyrights often involve federal laws as well.
Understanding the correlation between unfair advertising and unfair competition under Russian law, as well as the conditions that trigger enforcement mechanisms, is extremely important for businesses operating in Russia, as it allows them to fight effectively against unfair marketing practices and to properly evaluate risk.

S01-933/2019 dated October 03, 2019 on case No. In particular, the Law on Protection of Competition has been supplemented with Article 14.6 that has set forth a prohibition on unfair competition in the form of confusion. However, there have been no express provisions in this part of the legislation for protection of the so-called style / image of products as such for a quite some time. The most notable examples are product packaging and marketing analytics reports. 0 Based on the law enforcement practice analysis, the following main sets of evidence elements may be distinguished, on which companies should focus when initiating anti-monopoly cases with regard to unfair competitors in case of imitation / copying of goods: At the same time, as a general strategic comment, it is worth remembering to consistently deal with the company’s portfolio of intellectual property rights by consistently deciding, for example, to patent relevant solutions for the product appearance or file a new application for a trade mark if the existing brand is modified as well as by searching before launching your products on the market to assess risk of possible claims of any third parties. In the simplest terms, unfair competition laws are used when one party inappropriately manipulates a market advantage over another party – usually a business competitor. AD/66643/18 dated August 22, 2018, the regulator has specified that confusion in general means a situation when a consumer of one product: In this regard, the Federal Anti-Monopoly Service has emphasized that such behaviour in the market results in possible redistribution of consumer demand from the manufacturer of the original goods in favour of the goods of the infringing competitor as a result of the consumer’s mistaken purchase of the goods made by the infringer, since the similarity of packages gives the erroneous impression that the goods belong to one and the same manufacturer. Free speech is a top priority in the U.S., but publicly lying about a business, with the intent of causing harm, is libelous and against the law. In this regard, while considering the competing provisions of the two laws, a practitioner should understand that the Advertising Law provides a definition of ‘advertising’, which is understood to be information, disseminated by any means, in any form and with the use of any activities, addressed to an unlimited number of persons and aimed at gaining attention for the advertised object, generation and support of interest in it and its market promotion. The lawyers and patent attorneys of our firm regularly help our clients analyse the prospects of initiating cases on copying and imitation of products, building defensive tactics if there are any ungrounded claims, conducting relevant cases in protection of intellectual property rights, and we will be happy to provide you with legal assistance based on our experience.

https://t.co/WtuFzs8id9 Read more, @WTRmagazine Korean IP Office counterfeit crackdown; Trump fakes memo; Trinidad and Tobago joins Madrid System – news digest.… https://t.co/onY23s1VQ6 Read more, © Copyright 2003-2020 Law Business Research. A40-225924/2018, the following situation has been considered. whether the information content is distorted; and.