Unfair competition is a situation in which competitors (groups of people) undertake any actions to get favorable conditions; these actions contradict the laws of the Russian Federation, rules of business practice, decency, and justice and reasonableness requirements; harm or can harm the position of competitors and incur their losses or injure their business reputation.
The unfair competition related to obtaining and use of exclusive right for the means of individualization of legal entity, products or services is not permitted.
If you become aware of the third parties’ unfair actions related to the use of the rights for the intellectual property objects, for example sale, exchange or other introduction of products to the turnover when there was illegitimate use of intellectual activities and equated to them means of individualization of products, services, then you have the right to apply to the Federal Anti-Monopoly Service and demand to recognize such actions as acts of unfair competition. You should take into consideration that such actions can be taken by your company and a similar claim can be filed against you.
Lawyers of Zuykov and Partners will be happy to help, you prepare and submit an application on unfair competition acts of the opponents to the Federal Anti-Monopoly Service. If your opponents applied to the Federal Anti-Monopoly Service we will provide you full respective service. Our lawyers will do all required actions related to the protection of your trademark or patent or if you consider that the third parties infringe your rights.
When the interests of the right holder of intellectual property have been violated due to the unfair behavior of others, it is advisable to go to court to restore law and order. The owner of the result of creative work or means of individualization has the right to use any of the legal protection methods. These include the requirement to pay compensation and stop the unfair actions of a competitor that harm the right holder. In order for the court to rule in favor of the owner of exclusive rights, the person will have to prove the legitimacy of the claims and the fact of the violation.