Russian law on unfair competition is approximating with European practice of antimonopoly enforcement

Head of FAS Department for Control over Advertising and Unfair Competition, Nikolai Kartashov, was a speaker at aresearch-to-practice conference “Intellectual property law as an object of unfair competition”. He gave a report on legal approaches and new practice of combating unfair competition and protecting intellectual rights.

“The “forth antimonopoly package” put Article 14 of the Federal Law “On Protection of Competition” in a separate Chapter, clarifying a list of forms of unfair competition in view of the established judicial and administrative practice and formalizing proper qualification of particular actions of economic entities as acts of unfair competition.

Nikolai Kartashov emphasized two methods of protecting against unfair competition with regard to intellectual rights: combating parasitic competition (unlawful use of means individualizing intellectual activities) and countering such actions as acquiring exclusive rights for trademarks. According to the speaker, FAS is the only body in the post-Soviet state that has implemented and administered such form of countering unfair competition.

He gave examples of classical cases that have already became classical: use of “AntiGrippin” mark, competitors copying the design of “Kerama Marazzi” ceramic tile, “Fin” butter label, etc.

Nikolai Kartashov reminded that according to the position of the Supreme Court of the Russian Federation, formulated in a definition of 9 December 2015, not only selling-and-exchanging goods but any other introduction into civil circulation with unlawful use of intellectual property results constitutes unfair competition. Now production, offering for sale, demonstrating goods at fairs and exhibitions, and placing marks similar to the trade mark of the right-holder on a web-site, etc., can be classified as violations. This position can become an efficient tool countering unfair actions of economic entities.

The research-to-practice conference “Intellectual property law as an object of unfair competition” was organized by the Federal Antimonopoly Service, FAS Centre for Education and Methodics and Tatarstan OFAS in Kazan on 27 October 2016. Attendees were top officials of the Ministry of Industry and Commerce of the Republic of Tatarstan, FAS regional Offices, “Intellectual Property Corporation” Republican Research Institute, the Chamber of Trade and Industry the Republic of Tatarstan, representatives of law firms specializing in intellectual rights, academic community, corporate top executives, etc.