Protection against unfair competition (unfair business practices)

Fair competition is the key to sustainable economic growth. The goal of any business is to make a profit. There are market players who have worked for years, even decades on the positive image of their products and the recognition of their brand, however there are also those who profit through the unfair use of others' achievements and reputation. Such parasitism on someone else's reputation is, unfortunately, a widespread phenomenon in the market and can manifest itself in various ways. According to Ukrainian legislation, it is called "unfair competition".

Some of the most common types of unfair competition are:
  • unauthorized use of somebody else’s name, commercial (trade) name, trademark, advertising materials, packaging of goods and periodicals, other designations or designations that are misleadingly similar thereto, which led or may lead to confusion with the activity of the other business entity;
  • sale  under one’s name (trademark) goods belonging to another manufacturer;
  • copying of the another producer’s product appearance and its introduction into the market without a clear indication of the producer of the copy;
  • dissemination of misleading information (for example dissemination of incomplete, inaccurate or incorrect data on the origin of the goods, the manufacturer, the seller, the method of production, the sources and method of acquisition, sales, quantity, consumer properties, quality, packaging, suitability for use, standards, characteristics, sales process of goods and services, price and discounts);
  • other actions that violate trade customs of economic activities.

Depending on your individual situation and request, IPStyle professionals can offer their services in the field of economic competition protection:
  • the provision of legal advice on unfair competition;
  • analysis of the Ukrainian market for the presence / absence of unfair competition in relation to the specified product / service;
  • preliminary assessment and classification of the enterprise's activity in the Ukrainian market regarding the presence / absence of unfair competition in its activities;
  • representation of enterprise's interests in the Anti-monopoly Committee of Ukraine;
  • analysis of advertising materials for compliance with the requirements of advertising and competition law, identifying and assessment of possible risks and development of a plan for their minimization;
  • development and implementation of legal mechanisms to prevent unfair competition:
    • peaceful termination of unfair competition: negotiating, sending cease-and-desist letters, mediation;
    • preparation and filing an application for protection of rights with the Anti-monopoly Committee of Ukraine and further representation of the applicant's interests in the Anti-monopoly Committee of Ukraine; appealing the decisions of the Anti-monopoly Committee of Ukraine in court;
    • preparation and filing of a lawsuit for the protection of the rights of an economic entity, regarding unfair competition, compensation of damage caused by unfair competition, representation of enterprise's interests in court.

To solve the issues of unfair competition, a  high level of knowledge, professional competence and practical experience is required. IPStyle is ready to become your legal adviser and representative in all stages against unfair competition.