Koval I. The Right to Business Reputation of Enterprises and its Extrajudicial Protection Against Unlawful Use

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0405U004441

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

27-10-2005

Specialized Academic Board

Д 11.170.02

Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine

Essay

Object of research: public relations, which develop during formation of business reputation of the subject of managing and realization of the right on business reputation in a competition. The purpose of research is the development of new theoretical rules, preparation of proposals on perfection of the legislation and practice of its application on these issues is rather right on business reputation of the subjects of managing and extra-judicial form of protection against wrongful use. Methods of research: the analysis and synthesis, formal-logic, rather-legal, system. The theoretical meaning consists in a deepening and perfection in a science of the economic right of theoretical development concerning realization of the right of the subjects of managing on business reputation, bases for protection of this right and about its protection by bodies of the Antitrust Committee (АTC) of Ukraine. Practical meaning: The received results can be used in legislative activity, in particular, at perfection of theLaws of Ukraine "About protection against a unfair competition", "About protection of an economic competition", "About protection of the rights on marks for the goods and services"; at completion of the project of the Competitive remedial code of Ukraine. The results of research are used in activity of Donetsk regional territorial branch АEC of Ukraine; the offers concerning perfection of the name and contents of an item 7 Laws of Ukraine "About protection of an economic competition" are directed to the Chairman АEC of Ukraine. The rules of work are used at teaching educational disciplines "Intellectual Property Law", "Civil Law". Scientific novelty: the concepts of business reputation of the subject of managing are formulated, its attributes, contents of the right on business reputation are determined. The ways of perfection of structures of offences in sphere of wrongful use of business reputation of the subjects of managing are offered; the sphere of application of the legislation about protection againstunfair competition and about marks for the goods and services is differentiated. The offers on increase of efficiency of application by bodies АEC of measures of the legal responsibility as the penalties for wrongful use of business reputation are developed. The way of delimitation of the competence between Antitrust and judicial bodies is offered on disposal of legal proceeding about a unfair competition. Sphere of use are the subjects of the legislative initiative; bodies of Antitrust committee of Ukraine; higher educational institutions.

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