Unauthorised Use Of Objects Of Intellectual Property Under The New Competition Act

As of 14 September 2012, Moldova has new competition legislation. The Competition Act No. 183/2012 (Competition Act) transposes the EU competition acquis and introduces supplementary rules on the unauthorised use of objects of intellectual property (Unauthorised Use of OIP). Under the Competition Act, the Unauthorised Use of OIP is to be treated as practice of unfair competition.

Introduction

Compared to the old competition legislation, the Competition Act regulates in a more detail the practices of unfair competition. Along side other illegal practices, Unauthorised Use of OIP is also deemed a practice of unfair competition.

In relation to Unauthorised Use of OIP, Art.19(1) of the Competition Act prohibits any actions that may cause, by any means, confusion with a competing undertaking, product or economic activity of a competing undertaking, and which are realised by partial or integral illegal use of a mark, service logo, name, design or any other objects of