Protection of intellectual property from unfair competition by the bodies of the Antimonopoly Committee of Ukraine

Abstract

The article identifies the nature and forms of unfair competition in the form of misuse of business reputation of the entity, its consequences for the original company, outlines areas of comprehensive counteraction to such violations, reveals their content, mechanisms of protection of infringed intellectual property rights from unfair competition by the bodies of the Antimonopoly Committee of Ukraine are considered.
 It is analyzed that a significant part of violations in the form of unfair competition occurs in the field of intellectual property. However, intellectual property is often the subject of illegal actions by third parties and therefore needs legal protection. The results of intellectual activity can be protected through various options for the protection of intellectual property rights. For example, appropriate measures may be taken to prohibit the illegal use of intellectual property through legislation to protect against unfair competition.
 Unfair competition and intellectual property law are interrelated institutions, as they have one legal nature - the Paris Convention of 1883. This international act established provisions on protection against unfair conferences in terms of protection and protection of unregistered designations. Responding to manifestations of unfair competition is one of the priority tasks for the Antimonopoly Committee of Ukraine.
 The study concluded that the illegal use of intellectual property is usually related to the actions of the entity that could cause confusion about a competitor, its products or activities. Such confusion may result from the violation of exclusive rights to intellectual property and the means of individualization, which may qualify as unfair competition.
 Within the framework of the article, an analysis of cases on the practice of application by the Antimonopoly Committee of Ukraine of the legislation on protection against unfair competition in recent years was carried out.