of April 26, 2005 No. 16
About some questions of application by economic courts of the legislation by hearing of cases on protection of goodwill
Plenum of Supreme Economic Court of the Republic of Belarus for the purpose of ensuring the correct and uniform application by economic courts of the Republic of Belarus of the legislation on protection of goodwill, being guided by Articles 74, 75 Codes of the Republic of Belarus about judicial system and the status of judges, decides to make the following explanations.
1. The goodwill in the field of business and other economic (economic) activity which protection in economic court is possible by means of presentation of the claim for confutation of the untrue data discrediting goodwill or by means of the address with the statement for recognition of the data discrediting goodwill untrue, is understood as assessment of the participant of the relations in the field of business and other economic (economic) activity by other participants of these relations, derogation (discredit) of which can negatively influence implementation by this participant of the specified activities.
2. Distribution of the untrue data discrediting goodwill in the field of business and other economic (economic) activity is understood as their message to the uncertain group of people, including by means of publication in printing mass media, in radio - TV and video programs, placements on the global computer Internet, demonstration on posters, stands, indicating panels and in other form. The message of the specified data is direct to person whom they concern, is not their distribution, except cases when person who reported these data did not take the measures excluding availability of these data to the uncertain group of people.
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