Protection against unfair competition

In the Republic of Belarus unfair competition is prohibited. Unfair competition comprises actions of an economic entity or several economic entities aiming to take advantages (benefits) in business activities, that contradict the Law "On counteraction to monopolistic activities and on competition development", other legislative acts and acts of antimonopoly law or requirements of fairness and rationality, and may cause or have already caused losses to other competitors or may injure or have already injured business reputation.

The party injured from unfair competition, has the right to claim termination of unlawful actions from the unfair competitor, and demand damages that were caused by these actions. Administrative liability is envisaged for unfair competition (Article 13.33 of the Legal Code of the Republic of Belarus of Administrative Violations).

Patent attorneys and lawyers of LEXPATENT render a set of services aiming to struggle against unfair competition:

  • consultations and development of the strategy of protection against the actions of unfair competitor;
  • preparation of the applications of determination of violation of antimonopoly law due to unfair competition and its filing with antimonopoly authority

We are assisting economic entities to suppress any kinds of unfair competition, including connected with:

  • acquisition and use of intellectual property assets;
  • introduction into the civil circulation of goods with illegal use of the results of intellectual activity, means of individualization of business entities or their goods;
  • creation of confusion with the activities of another economic entity or with goods introduced by a competitor into the civil circulation on the territory of the Republic of Belarus, including:
    • illegal use of the trademark, commercial name, appellation of origin of goods of other economic entity;
    • copying or imitation of the appearance of goods introduced into civil circulation by another economic entity, packaging of such goods, their labels, names, colors, corporate identity or other elements that individualize the competitor and (or) its goods.
  • representation of the Client's interests before the antimonopoly authority, and also with respect to administrative and civil proceedings.