IMITATION IN ENTREPRENEURIAL ACTIVITY PRACTICE IN THE CONTEXT OF UNFAIR COMPETITION: CONCEPT AND ELEMENTS

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IMITATION IN ENTREPRENEURIAL ACTIVITY PRACTICE IN THE CONTEXT OF UNFAIR COMPETITION: CONCEPT AND ELEMENTS

Journal Title: Scientific Work - Year 2024, Vol 18, Issue 4

Abstract

Abstract Engaging in economic activity by illegally benefiting from the fame and reputation that a person or organization has gained in society, usually by spending many years, hard work and serious capital, is seen as the easiest way to engage in economic activity without spending effort and is considered unfair competition. In general, it is possible to systematize the elements of unfair competition as follows: 1) economic competition 2) compete in illegal ways 3) damage or likelihood of damage. But, imitation, which is a form of unfair competition in the literal sense, and imitation are different concepts. For this reason, the realization of one of the above 3 cases alone is not enough for imitation, which is a form of unfair competition. From the point of view of unfair competition law, the question is not whether or not it is imitation, but how it is. Because all kinds of imitation are not against unfair competition. If the imitation in question leads to a risk of confusion, it is possible to speak of unfair competition. The unfair competition law is not about the possibility of confusing the two signs, but rather the fact that a behavior leads to confusion among the consumers about the origin of the product.

Authors and Affiliations

Aytaj Gurbanova

Keywords

EP ID EP748659
DOI 10.36719/2663-4619/101/138-142
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