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UNFAIR COMPETITION PERFORMED WITH THE USE OF THE RIGHTS TO THE INTELLECTUAL PROPERTY AS THE CIVIL DELICT

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PDF: Author(s): Kozlova M. Yu.,
Number of journal: 4(33) Date: November 2015
Annotation:

The article examines unfair competition performed with use of rights to the intellectual property objects as the civil delict. The main elements of such delict are analyzed. Particularities of the objective and subjective aspects of unfair competition are identified, which means of commitment are the rights to the intellectual property objects. It is proved that the deed of economic entity can be considered unlawful in case of violation of the specific provision of law, as well as tradition, ethic norms, requirements of honesty, reasonableness, and fairness. The essence is disclosed, and the importance of selection of the way of protection against unfair competition as the civil delict is underlined, which ensures restoration of the property rights of the victim.

Keywords:

unfair competition, intellectual property, civil delict, guilt, wrongfulness, damages, causal relation, intelligence, honesty, diligence, prudence

For citation:

Kozlova M. Yu. Unfair competition performed with the use of the rights to the intellectual property as the civil delict // Business. Education. Law. Bulletin of Volgograd Business Institute. 2015. № 4 (33). P. 280—285.