Mel'nyk S. Monopoly (Dominating) Position of Economic Subject in the Market

Object of research: the relation, which arise owing to infringement of rules, trade and other honest customs in economic activity, wrongful use of another's intellectual products with a commercial intention and achievement of wrongful advantages in a competition. The purpose of research: definition of essence legal relation in sphere of a unfair competition and its discontinuance, elucidation of place of norms of protection from a unfair competition in system of protection of the industrial property; elaboration of the recommendations concerning improvement of the current legislation on protection against a unfair competition. Methods of research: historical, comparative-legal, analytic-synthetic, structural-function and formal-logic methods. The theoretical and practical meaning of research consist in a complex of the interconnected scientific rules and means for protection against a unfair competition and wrongful use of intellectual products in economic activity and their influence on process of a c ompetition are elaborated. The borders of mutual penetration of institute of the industrial property and competitive right, concerning to protection against a unfair competition are determined. The research of protection from a unfair competition from a position of the theory of law has enabled to determine a legal nature of the given phenomenon. The scientific novelty of the received: results the place of protection from a unfair competition in system of the right is determined; the protection against a unfair competition concerns to objects of the right of the industrial property; it is independent object of this institute of the right. The definition of a unfair competition as anticompetitive actions or inactivity of the subjects of management is given. It is claimed, that protection of objects of the intellectual property, which are protected in accordance with the special laws, with using of the legislation about protection from unfair of a competition, has cumulative nature and is more effective. The pr otection against a unfair competition is carried out not by granting the exclusive rights, and on the basis imperative instruction of the state, which fixed in the legislation and acknowledged by a general principle. Sphere of use is law-making bodies of the central authority, subjects of economic activity, the Antimonopoly committee of Ukraine and its territorial branches, higher educational institutions.