INFORMATION LETTER OF THE SUPREME ECONOMIC COURT OF UKRAINE

of January 15, 2009 No. 01-08/11

About the Law of Ukraine "About introduction of amendments to the Law of Ukraine "About protection against unfair competition"

Due to the adoption by the Verkhovna Rada of Ukraine of the Law of Ukraine of 18.12.2008 N 689-VI "About introduction of amendments to the Law of Ukraine "About protection against unfair competition" (further - the Law of 18.12.2008 N 689-VI) the Supreme Economic Court of Ukraine considers necessary to draw the attention of economic courts of Ukraine to the following.

1. The law N 689-VI becomes effective of 18.12.2008 from day of its publication; it is for the first time published in the newspaper "Uryadovy of hens' єр" from 13.01.2009 N 3.

2. Considering instructions of article 3 of the Law of Ukraine "About protection against unfair competition" (in edition of the Law of 18.12.2008 N 689-VI) economic courts in hearing of cases, connected using the called Law, shall be guided also by the Law of Ukraine "About protection of the economic competition", the Parisian convention on protection of industrial property of 20:03. 1883, international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine.

3. The law of Ukraine "About protection against unfair competition" is added with Article 151, which contains determination of concept of distribution of false information. With respect thereto economic courts should consider that this determination is applied only to the purposes of the called Law.

4. Article 24 of the Law of Ukraine "About protection against unfair competition" (of 18.12.2008 N 689-VI) provides in editions of the Law that persons to whom harm owing to making of the actions determined by the called Law as unfair competition is done can take a legal action with the claim for its compensation.

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