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Countering Unfair Competition in Global Economy

N. V. Abdullaev

Abstract


In article author represents a wide range of unfair competition acts initiated by producers and sellers and addressed to competitors and consumers. Unfair competition practice has a long history and became widespread during the period of classic economic theory domination when traders has been given maximum rights in the conditions of free competition. This fact led states to necessity of regulation and prevention of unfair competition practice. First international law aimed to combat unfair competition was Paris Convention for the Protection of Industrial Property adopted in1883. Subsequently these rules were included to the charter of WTO and World International Property Organization. The most widespread forms of misleading such as discrediting competitors, violation of trade secrets, “free riding”, comparative and nuisance advertising, exploitation of fear, undue psychological pressure are represented in the article. Also corruption characterized as a main obstacle to development of fair competition in the world. Today in legal practice all possible acts of unfair competition are represented so that law is developed to combat it. On international level effective law system is developed as a complex of criminal, tax, employment, arbitration and contract branches of law. In conclusion, the author appoints that global economy has a trend enforced to develop unified global law system focused on combating unfair competition practice in international trade.

Keywords


unfair competition; misleading; corruption; law; legal regulation

References


Vrey, Rogier W. de, Towards a European Unfair Competition Law: A Clash Between Legal Families (Intellectual Property Law Library), Martinus Nijhoff Publ., Leiden, Boston, 2005.

Protection against Unfair Competition, in World Intellectual Property Organization (WIPO) presented by International Bureau of WIPO, Geneva, 1994.

Dornis, Tim W., Trademark and Unfair Competition Conflicts. Historical-Comparative, Doctrinal and Economic Perspectives. Cambridge University Press, 2017.

Bonell, M.J., Meyer, O., The Impact of Corruption on International Commercial Contracts, Springer International Publishing, Springer, 2015.




DOI: http://dx.doi.org/10.31312/2310-6085-2018-13-3-61-70

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