of April 4, 2012 No. 01-06/418/2012
About some questions of practice of resolution of disputes connected using the competitive legislation
According to the procedure of information and for accounting in hearing of cases the overview of the disputes solved by economic courts in which judgments are reviewed in cassation procedure by the Supreme Economic Court of Ukraine goes.
1. The current legislation does not contain exhaustive list of actions which fall under determination of unfair competition under article 1 of the Law of Ukraine "About protection against unfair competition".
Society appealed to economic court with the invalidation action of the decision of the Antimonopoly Committee of Ukraine (further AMK) on the case of violation by the claimant of the legislation on protection against unfair competition and imposing of penalty. The specified solution of action of Society for introduction in the economic address of semifinished products, in particular, of pelmeni and vareniki which elements of external design (design) of packaging imitate set of elements of external design (design) of products which is made by the Company it is recognized as violation, the stipulated in Article 1 Law of Ukraine "About protection against unfair competition" (further - the Law), in the form of actions in the competition which contradict fair customs in business activity, by unauthorized use of goodwill of other subject of managing.
The previous degrees of jurisdiction in adoption of judgments on satisfaction of claims proceeded from availability at the claimant of the rights to use trademark according to Ukraine and industrial design according to the patent of Ukraine, and also from abnormality of legal qualification the defendant of actions of Society and absence in the solution of AMK of proofs of similarity of external design of products (packaging) of the claimant and the Company.
The Supreme Economic Court of Ukraine partially satisfied writs of appeal AMK and the Companies and submitted the case on new trial to local economic court, proceeding from it.
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