Protecting Intellectual Property Rights from Unfair Competition in Ukraine

Abstract

AbstractThis chapter examines the protection of intellectual property from unfair competition in Ukraine. Infringements in this area have now become widespread. The objects of intellectual property rights (such as trademarks, trade names, trade secrets, geographical indications) are a means by which some business entities can obtain illegal benefits by exploiting the reputation of other business entities. In order to maintain or restore their reputation on the market and ensure their competitiveness, business entities pay great attention to monitoring and preventing possible infringements of their intellectual property rights on the market. This, in turn, requires the use of effective remedies. This chapter discusses the general concepts of and the charged relationship between unfair competition and intellectual property, and specific forms of unfair competition with regards to intellectual property rights (i.e. the illegal use of designations, the illegal use of comparative advertising, the dissemination of misleading information, and violations of trade secrets). Since Ukraine became independent, it has become the practice to consider such cases, and this chapter will analyse key cases in detail. Finally, this chapter will discuss the role of and the protection procedure applied by the Antimonopoly Committee of Ukraine in courts. In the future, all disputes concerning infringements in the field of unfair competition and intellectual property rights will be considered by the High Court on Intellectual Property.