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04.04.2024

Unfair Competition Through the Use of the Exclusive Right to Means of Individualization

Timeline -  Presentation by Veronika Popelenskaya (video available in Russian language)

0:00 - Opening remarks. Legal regulation of the concept "unfair practices"

0:50 - Article 10bis of the Paris Convention for the Protection of Industrial Property of 1883

1:11 - Article 10 of the RF Civil Code (RF CC) and Chapter 2.1 of the Federal Law “On Protection of Competition”

1:46 – The notion "abuse of right". Types of cases. Examples. Case law of the RF Supreme Court

7:59 - The notion "unfair competition". Choice of a forum for trial of cases: antitrust authorities, arbitrazh (commercial) courts, IP Court

13:48 – Certain types of cases involving recognition as the act of unfair competition of efforts targeted at registration and use of a trademark already registered or applied for registration (claiming the filing of an application to be an act of unfair competition – this is a new trend which is yet uncommon). Examples of case law

15:50 - Conclusion. Recommendations on the choice of the strategy for conducting of cases and tactics of specific actions