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Unfair Competition Relating to Results of Intellectual Activity

Student: Kovalyov Sergey

Supervisor: Eduard Gavrilov

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2016

In this work the nature of unfair competition, a ratio with abuse of the right is investigated, and forms of unfair competition concerning results of intellectual activity are allocated. The current legislation doesn't give a definite answer concerning a ratio of the categories "unfair competition" and "abuse of the right", however, courts fairly qualify similar actions. As a basis has to be actions of the subject are assumed and his real intentions are considered. In work three behavior models of an economic entity have been allocated, and with confidence it is possible to speak about unfair competition only in one of them. Concerning forms of unfair competition the amendments made by "the fourth antimonopoly package" to the federal law "About protection of the competition" have been analysed. In general, it is possible to note that the entered changes haven't brought basic innovations in the legislation, however, as they have considered the developed jurisprudence, the specification of forms of unfair competition is an important step to simplification of understanding and application of these norms in practice. Also, work advantages and shortcomings as administrative order of protection of the rights for results of intellectual activity, and legal process have been in detail considered.

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