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LAW OF UKRAINE

of June 7, 1996 No. 236/96-BP

About protection against unfair competition

(as amended on 20-09-2019)

This Law determines the legal basis of protection of the subject of housekeeping and consumers from unfair competition.

The law is directed to establishment, development and ensuring trade and other fair customs of conducting the competition when implementing economic activities in the conditions of the market relations.

Chapter 1 General provisions

Article 1. Unfair competition

Unfair competition are any actions in the competition contradicting trade and other fair customs in economic activities.

Unfair competition are actions in the competition, in particular determined by Chapters 2-4 of this Law.

The terms used for the purposes of this Law are determined by the Law of Ukraine "About protection of the economic competition".

Article 2. Application of the Law

The law is applied to the relations in which subjects of housekeeping in connection with unfair competition participate, including in case of making of actions by them outside Ukraine if these actions have or can have negative impact on the competition in its territory if another is not established by international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine.

Article 3. Legislation of Ukraine on protection against unfair competition

The relations connected with protection against unfair competition are regulated by this Law, the Law of Ukraine "About protection of the economic competition", the Law of Ukraine "About the Antimonopoly Committee of Ukraine", the Parisian convention on protection of industrial property of March 20, 1883, international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine, other acts of the legislation issued based on the laws or resolutions of the Supreme Council of Ukraine.

Chapter 2 Unauthorized use of goodwill of the subject of housekeeping

Article 4. Unauthorized use of designations

Use of name, the commercial (corporate) name, trademark (sign for goods and services), promotional materials, registration of packaging of goods and periodicals, other designations without the permission of is illegal (consent) of the subject of housekeeping which began to use them or designations, similar to them, in economic activity earlier that brought or can lead to mixing with activities of this subject of housekeeping.

Use is not recognized illegal trade name of own name of physical person if some distinctive element excluding mixing with activities of other subject of housekeeping is added to own name.

Article 5. Unauthorized use of goods of other producer

Unauthorized use of goods of other producer is introduction in economic circulation under the designation of goods of other producer by changes or removal of designations of the producer without the permission of person authorized on that.

Article 6. Copying of appearance of product

Copying of appearance of product is reproduction of appearance of product of other subject of housekeeping and its introduction in economic circulation without unambiguous specifying of the producer of the copy that can lead to mixing with activities of other subject of housekeeping.

Copying of appearance of product or its parts is not recognized illegal if such copying is caused only by their functional application.

Operation of this article does not extend to the products having protection as objects of intellectual property right.

Article 7. Comparative advertizing

The advertizing containing comparison with other faces, goods (activities) of other person which directly or indirectly identifies the competitor or the goods or services offered by the competitor is comparative.

Legitimacy of comparison in advertizing and responsibility for non-compliance with the requirements established by the legislation concerning content of comparative advertizing is determined by the Law of Ukraine "About advertizing".

Chapter 3 Creation of obstacles of the subject of housekeeping in the course of the competition and achievement of illegal benefits in the competition

Article 8. Discredit of the subject of housekeeping

The subject of housekeeping is discredit distribution in any form of the inveracious, inexact or incomplete data connected with person or activities of the subject of housekeeping including concerning its goods which caused or could cause damage of goodwill the subject of housekeeping.

Article 9.

It is excluded

Article 10. Inducement to boycott of the subject of housekeeping

Inducement to boycott of the subject of housekeeping is motivation by his competitor of other person, is direct or through other person, to refusal of establishment of contractual communications with this subject of housekeeping, to failure to carry out (termination) or accomplishment in an inadequate way of contractual commitments before this subject of housekeeping.

Article 11. Inducement of the supplier to discrimination of the buyer (customer)

Inducement of the supplier to discrimination of the buyer (customer) is motivation of the supplier by the competitor of the buyer (customer), is direct or through other person, to application by the supplier to the buyer (customer) of disadvantageous conditions in economic activity in comparison with it or other competitors of the buyer (customer).

Article 12.

It is excluded

Article 13. Bribery of the worker, official of the supplier

Bribery of the worker, official of the supplier is provision or the offer to it the competitor of the buyer (customer), is direct or through other person, material or other benefits for inadequate accomplishment or failure to carry out by the worker, official of the supplier of service duties which follow from the prisoner or are connected with the conclusion between the supplier and the buyer (customer) of the delivery agreement of goods, performance of works, provision of services, other agreement or for not conclusion of the agreement.

Other person who according to the powers makes the decision on behalf of the supplier on delivery of goods, performance of works, provision of services also is equated to the worker of the supplier influences adoption of such decision or is somehow connected with it.

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