On the unfair competition: results of 2010
Upon the results of consideration of allegations on mass violations of antitrust laws, in respect to the implementation of unfair competition, in 2010 the Board of the Pricing Policy Department of the Ministry of Economy made the following resolve:
on the recognition of nine events of unfair competition (Article 14.2 of the Law "On counteraction to monopolistic activity and competition development") in actions of :
- UE "World of Beauty - Holding", in reference to registration of trade marks «-ibd-», «EzFlow / Nail Systems», in respect of goods 03 and 35 classes of the Nice Classification (on the application of «Vladlen deluxe"Ltd.);
- on the national of A.I. Babyk, the official of "Golden Mean"ALC, in reference to registration of the trademark logo (certificate number 28 868), in respect of goods of class 09 of the Nice Classification (ALC statement on the "Atlas Invest");
- FLCC "Brimstone-Bel" relating to registration of trade marks "Desna", "Dvina", "SVITYAZ", "NAROCH", "Neman" (certificate number 30 752, 30 756, 30 757, 30 758, 30 759, respectively) for goods of class 11 NICE - equipment, facilities and equipment cooling, refrigeration cabinets;
- FLCC "Brimstone-Bel" for the dissemination of statements that could discredit the JV "Inteco-master" in a letter dated of 09.12.2009 № 2754 to address the credit department, the security services of "Priorbank" and Reiffeisen International Bank-Holding AG ;
- LLC "Informtorgservis" relating to the registration of the trademark «TYPE R» (certificate number 31 538) in respect of automobile accessories;
- PUE "Viktorinvest" relating to the registration of the trademark «Gazillion» (certificate number 30 065) in respect of games and toys;
- JSC "Grindeks" relating to the registration of the trademark "KARDIONAT" (certification of the International Bureau of Intellectual Property number 955 922) for pharmaceuticals;
- LLC "Proksimavest" relating to the registration of the trademark «SAECO» (certificate number 24 057) for 11 classes of the Nice Classification of goods - coffee makers, electric and automatic;
- PUE "Petrovich MS," relating to registration of trade marks "FEKORD-2004", "FEKORD-2004c" (certificate number number 32 977, 32 976, respectively) for 31 classes of the Nice Classification of goods - food additives, except for the use in medical purposes ".
on the absence of the events of unfair competition by six statements:
LLC "publishing center" Slavic word "on the violation of the antimonopoly legislation in respect of the implementation of unfair competition from the company" editorial board "Toloka" and FLCC "Krasiko-print";
"Plant mineral wax," on the violation of antitrust legislation, in respect of the implementation of unfair competition from ALC "AKSO";
"Lidskoe beer" on the event of violation of antitrust laws, in respect of the implementation of unfair competition from JSC "Minsk factory wines";
Ministry of Commerce of compliance of the UE "Aditeh" requirements of Article 14.2 of the Law;
Ltd. "BelPromEnergo" a violation of antitrust laws, in respect of the implementation of unfair competition from the Company "Reflector";
ALC "TEPLOMARKET" on the use of ALC "Belfaktor" the words «teplomarket» on the Internet.
The defenses were prepared and took part in the hearings of the Judicial Board for Intellectual Property of the Supreme Court on the appeals of four businesses ChTUP "World of Beauty - holding" FLLC "Brimstone-Bel", LLC "Informtorgservis", JSC "Grindeks" on the decisions of the Department pricing policy of the Ministry of Economy (from 05.03.2010 № 10 of 28.04.2010 № 16 of 14.05.2010 № 18, 01.07.2010 № 23, respectively). Judicial board decided to dismiss the complaints of these businesses.
The Board of Appeal of the National Intellectual Property Center upon the objections filed, decisions were made to abolish the 15 trade marks in respect of which the Department found evidence of unfair competition relating to the registration of trademarks.
In order to eliminate violations of antitrust regulations the directions for four business entities were issued:
JV "Agricultural services' company in connection with the failure of the Department of solutions of the recognition of the unfair competition and antitrust. Regulation requiring the joint venture "agricultural services" company to eliminate antimonopoly violations, unfair competition, in particular through the publication of denials, (has come into force). Direct response to the applicant has been made;
FLLC "Brimstone-Bel" on the prevention of illegal activities on the dissemination of statements for a business that could discredit the JV "Inteco MASTER", in a letter to the credit department, the security services of "Priorbank" and Reiffeisen International Bank-Holding AG. The necessary preparation on administrative case proceedings against General Director of FLLC "Brimstone-Bel"has been made in connection with the failure FLLC "Brimstone-Bel" regulations of the Department to stop the illegal activity and to eliminate the harmful consequences arising from its result. A letter to the Financial Investigations Department SCC to initiate criminal proceedings under Article 244 of the Criminal Code in respect of the general director FLLC "Brimstone-Bel" has been directed;
LLC "Kemitreyd" a motion t dissolve the use of verbal designation "Doctor TEN," confusingly similar with the designation "Dr. Chung" used Ltd. "Litmus," on the packaging of the goods (for removing limescale in automatic washing machines), on signs at demonstrations exhibits at fairs and exhibitions, promotional materials, books and other documents on the web site. Instruction is executed in the prescribed time limit;
JSC "BATE" (based on consideration of the application ChTUP "Obukhovo-service") to eliminate violations of the antimonopoly legislation of the Republic of Belarus, expressed the need to cancel an order the Director General of JSC "BATE" from 30.06.2010 № 287 "On amendments and addendums to the Regulations on discounts on products of Automobile and Tractor Electrical Equipment (ATE). "