Civil law protection from direct discrediting: the Paris Convention and the Belarusian Legisation

• Main Authors: Marina Denisenko, Natalіja Maskayeva
• Format: Article
• Language: English
• Published: Yaroslav Mudryi National Law University 2019-09-01
• Series: Проблеми Законності
• Subjects: business reputation; discrediting; competitor; unfair competition; denigrating information
• Online Access: http://plaw.nlu.edu.ua/article/view/179021

The article analyzes the provisions of the Paris Convention for the Protection of Industrial Property of 1883 and the legislation of the Republic of Belarus concerning unfair competition through direct discrediting. The civil remedies and liability that can be applied in case of the commission of the relevant offense are considered in detail. It is concluded that the Republic of Belarus fully abides by its relevant international obligations undertaken under the Paris Convention and that there is a number of gaps in Belarusian legislation, which negate the feasibility of the recourse for judicial protection in case of direct discrediting. Certain legislative amendments are proposed as well.