Valeria Brusnikina Discusses Methods of Battling Unfair Competition in IP Sphere

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Unscrupulous businessmen try to gain advantages over other market players by any means and their methods can often be inventive and “dirty”.

Valeria Brusnikina, manager of IT-projects of the IPChain Association, spoke on what kind of intellectual property can be protected from unfair competition and how to fight with copyright infringers in the digital space.

The most widespread type of unfair competition is the illegal use of trademarks. Legal proceedings on such cases make up about 13% (according to the results of manual monitoring) of all cases of unfair competition from 2021 (this concerns both, closed cases and those that are still in progress). Most often, unfair competitors reproduce already registered trademark designations. However, there are also cases, when an infringer will try to obtain copyright protection for a logo that is already in use by someone else and infringed trademarks are actively used in the digital space on marketplaces and sites, in social networks and domain names. You can also find people who register many trademarks in their names but do not use them. If someone applies to register a designation that is similar to a trademark that is already registered but not in use, the infringer proceeds to make a claim and profits from the compensation that the court in such cases obliges the innocent applicant to pay. 

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