Protection against unfair competition in Belarus
Competition is not always fair. Your success makes yout competitors sleepless and they may improperly use your trademarks, technologies, appearance of goods, production secrets and other intellectual property to gain a market advantage. We are ready to ensure comprehensive protection of your business against such attacks.
Firstly, each separate intellectual property object can be protected in accordance with the judicial, administrative and criminal litigation procedure. For example, unlawful use of a trademark makes the right holder entitled to demand a compensation from the violator in the amount of up to 50.000 basic values (about EUR 118,000) without having to prove the damage amount. You can prohibit the offender to perform specific actions in court, for example, advertising and offering a particular product for sale, to remove a counterfeit product (goods made with violations of your intellectual property rights) from sale.
Secondly, all actions of the violator in the aggregate may constitute unfair competition. Judicial bodies and the MART (Ministry of Antitrust Regulation and Trade) deal with unfair competition cases. We support our clients at all stages of such cases, up to forced execution of court statements.
Obtaining the antitrust body’s consent for deals in Belarus
The antitrust law of Belarus impose special restrictions on certain market participants. Some deals (reorganization, sale of a part or shares, etc.) cannot be performed without the antitrust body’s consent, and without such consent it can be declared null and void. With that, it applies not only to entities that hold dominant positions in the market, but to the companies that have exceeded certain indicators in terms of revenue or assets as well.
Lawyers will advise on the need to obtain the consent in such situations and will also help obtain this consent if necessary.
Protection against unfair competition in Belarus
Competitors illegally use your trademark, send letters indicating poor quality of your products, try to affect the lessor and get your premises, or, vice versa, accuse you of unfair competition?
Lawyers will ensure representation of your interests at the antitrust body, in courts, within the scope of administrative proceeding, suggest what actual measures will help avoid such situations and provide protection against unfair counterparties’ actions.
Compliance with law requirements in procurement of goods in Belarus
Antitrust laws prohibit coordination of the bidder’s activities by the tender organizer and (or) customer, creation of preferential conditions for certain bidders as well as other actions. If you believe that the question of the tender winner has been resolved before the tender, or if you want to receive advice on compliance of the procurement procedure with the law, Arzinger lawyers will be able to help.
