Current Problems Protection of Business Reputation Business Entities in Ukraine
Journal Title: Право та державне управління - Year 2016, Vol 1, Issue
Abstract
Business reputation is the most important immaterial assets, which reflects the opinion of society about the activity one or another subject of homekeeping, regardless of its form of ownership, purpose and kind of activity. In the article the business reputation is considered as immaterial assets and its value for the subject of homekeeping, and also investigared the actual questions of business reputation of the subjects of homekeeping’s protection in Ukraine. This article reveals the types of violations of the right to business reputation of subjects of homekeeping, namely: the unlawful using of others’ trademarks, advertising materials, packaging; illegal using of the goods of another manufacturer; Copying of an external appearance of a product, making by another manufacturer; comparative advertising. Special attention is devoted to the issue of the protection of business reputation of the housekeeping subjects in Ukraine. The article deals with jurisdictional and not jurisdictional forms of protection of business reputation. Also, the article provides examples of cases about protection of business reputation by the Antimonopoly Committee of Ukraine and a court. It can be define the following key issues: 1) the imperfection of the legislation, which governing the protection of business reputation of the entity; 2) The absence of clear procedure of protecting business reputation of the manage’s subject; 3) The innovation of institute, called “protection of reputation” for Ukraine, which is the reason of little practice of its implementation. Due to the fact that the Law “About Protection of Economic Competition” was adopted in 1996, the rules of law do not correspond to the today’s society. Since Ukraine declared independence in 1991, the rapid development of enterprise and competition has began, which nowadays occupies an important place in society and requires the effective protection.
Authors and Affiliations
А. М. Апаров, В. В. Лобченко
Keywords
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