THE FEATURES OF THE INTERNATIONAL LEGAL REGULATION OF OBLIGATIONS ARISING FROM UNFAIR COMPETITION

Resumo

The paper draws attention to the peculiarities of the regulation of obligations arising as a result of unfair competition within the framework of international legal documents. The authors emphasize the fact that, unlike other types of non-contractual cross-border relations, obligations arising from unfair competition often have a public character. According to the authors, this particular feature is the determining factor in the conflict of law and substantive regulation of these obligations.The paper notes that the formation and development of the conflict of law and substantive regulation of obligations in relation to the unfair competition were significantly influenced by the norms of international treaties. In particular, they include the Paris Convention for the Protection of Industrial Property, the Agreement on Trade-related Aspects of Intellectual Property Rights, and Regulation (EU) No 864/2007 of the European Parliament and the Council dated July 11, 2007.“On the law to be applied to non-contractual obligations” (“Rome II”). Nonetheless, a reasonable conclusion is that the international legal instruments governing the obligations that have arisen as a result of unfair competition include substantive law, aimed at preventing unfair competition. As a rule, these are norms aimed at finding particular ways to solve the problem of conflict of obligations arising as a result of unfair competition.