Law on unfair competition currently being drafted
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Turkmenistan is in the process of drafting a law on unfair competition in the field of industrial property. The draft has not yet been finalised and will remain under parliamentary consideration until the end of the year.
The draft is in line with the international regulations on unfair competition, including Article 10bis of the Paris Convention for the Protection of Industrial Property.
The draft defines 'unfair competitors' as both "domestic and foreign physical persons and legal entities that engage in unfair business activities on the territory of Turkmenistan".
Under the draft law, the following activities will constitute acts of unfair competition:
- causing confusion among consumers;
- misleading consumers;
- discrediting competitors;
- violating trade secrets;
- taking unfair advantage of a third party’s achievements; and
- engaging in comparative advertising.
Yuriy Karlash, PETOŠEVIC, Kiev
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