Protection Against Unfair Competition Carried out by the Court of the Eurasian Economic Union

Abstract

The article contains an analysis of the problem of implementation of the provisions of Article 10 bis of the Paris Convention for the Protection of Industrial Property of 1883 in the legal system of the Eurasian Economic Union. The purpose of the research is to identify the specifics of the interpretation by the Court of the Eurasian Economic Union of the principles and rules of competition enshrined in the law of the EAEU, due to the need to implement Article 10 bis of the Paris Convention of 1883 in the legal system of the EAEU. To achieve the purpose of the recearch, the following tasks were solved: to identify the contribution of the EAEU Court to the development of the EAEU law in the part of the principles and rules of competition; to analyze existing problems in the practice of the EAEU Court for protection against unfair competition and to suggest ways to solve them. Formal-logical, problem-theoretical research methods, the method of analysis and synthesis were used in the study. According to the results of the analysis of the practice of the EAEU Court, it was revealed that along with section XVIII of the EAEU Treaty and Annex No. 19 to the EAEU Treaty, Articles 2 and 3 of the EAEU Treaty, acts of the EAEU bodies in the field of competition are applied to the “general principles and rules of competition”. The area of protection against unfair competition in cross-border markets is included in the scope of the unified policy of the EAEU. Compliance with the principles of a market economy and fair competition in the activities of the EAEU bodies is of key importance. The Commission’s faithful execution of the acts of the EAEU Court remains an unresolved problem. In the future, this problem can be solved if the EAEU Court is given the authority to invalidate the Commission’s acts, or a mechanism for clarifying judicial acts by the EAEU Court in the EAEU law is established.