News

20-07-2017

COUNSEL AT SPENSER & KAUFFMANN TOLD STUDENTS ABOUT UNFAIR COMPETITION RISKS

Any competitive practice being in contradiction to fair trade and other business activity, bears signs of unfair business practice and, accordingly, will threaten an entrepreneur with fines, compensation for damages and confiscation of goods.

Tatiana Kharebava, Counsel, Attorney, and Head of Intellectual Property & IT Law and Antitrust and Competition, told students about unfair competition and antitrust law as part of a lecture at the VI summer intellectual property school.

She recalled that 276 violations of the Ukrainian Law on Protection against Unfair Competition were discovered and terminated, according to official statistics, more specifically:

– 75 violations in respect of which the Antimonopoly Committee of Ukraine (“AMCU”) resolved to impose penalties totalling approximately UAH 5 million; and

– 201 acts bearing signs of violations of the law that were terminated in accordance with prescriptions issued by the bodies of the AMCU to business entities.

Tatiana Kharebava mentioned that the majority of liability risks pertain to non-compliance with the requirements applicable to the labelling of packaging, advertising materials, promotional actions, and conditional rebates.

‘Favourite mistakes’ of less-than-honest dealers include, without limitation, the specification of incomplete, inaccurate and/or false information, using somewhat manipulative approaches to delivering messages to customers. Sometimes they plainly withhold certain facts that may impact on the customers’ intention to purchase the goods,” the expert explained. According to her, other most common violations include the specification of unverified information on product packaging, copying the look and appearance of products of well-known manufacturers, the use of designations being similar or confusingly similar to trademarks of well-known manufacturers, as well as comparison with other products.

During the lecture, the students examined a number of case studies on found violations and got recommendations on how to prevent and avoid unfair competition in business activities.

The event arranged by the Intellectual Property Department of the Kyiv National Taras Shevchenko University will be held from 17 to 23 July 2017 with support of the Ukrainian Ministry of Economic Development and Trade and the Scientific and Research Institute of Intellectual Property of the Ukrainian National Academy of Legal Sciences.