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Protection against unfair competition

what unfair competition is?

Unfair competition is understood as:

  • dissemination of false or incorrect information characterizing goods or their manufacturer,
  • dissemination of information misleading consumers, or information on incorrect comparison of similar goods,
  • illegal use of intellectual property objects;
  • illegal dissemination of commercial secrets, etc.

If an unfair competitor uses one or more from the above methods for the purpose of undermining commercial success of your business, we recommend to timely obtain skilled legal assistance.

Legal protection against unfair competition

The Russian legislation provides administrative or criminal liability for actions falling under the definition of unfair competition.

Methods of protection:

  • filing a complaint with the territorial unit of the Federal Antimonopoly Service;
  • filing a statement of claim with the Arbitration Court.

The Federal Antimonopoly Service is authorized to consider complaints on facts of unfair competition, initiate, on their basis, administrative cases on violation of the antimonopoly legislation, issue orders to violators, and impose sanctions in the form of administrative fines.

It should be noted that the limitation period for holding somebody liable in the administrative manner is 1 year; therefore, it is important to apply to a specialist in patent disputes for obtaining legal assistance.

It is reasonable to file a statement of claim with an arbitration court simultaneously with filing a request to an antimonopoly unit, since a chance of holding the violator liable will be increased. A claim can be filed according to the general procedure, and the plaintiff is obliged to prove a cause-and-effect relation between actions of an unfair competitor and losses caused. Referral to a court will enable to recover damage caused to the right holder from the violator.

Specialists of our Patent Bureau are ready to provide skilled assistance to you in preparing the documents required, forming an evidence base, and representing you in the territorial unit of the Federal Antimonopoly Service and in an arbitration court.