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Ultima descărcare din IBN: 2024-03-03 02:27 |
SM ISO690:2012 TIMOFEI, Sorin, BRÎNZA, Serghei. Latura obiectivă a infracţiunii de concurenţă neloială. In: Revista Naţională de Drept, 2011, nr. 2(125), pp. 26-38. ISSN 1811-0770. |
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Revista Naţională de Drept | ||||||
Numărul 2(125) / 2011 / ISSN 1811-0770 /ISSNe 2587-411X | ||||||
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Pag. 26-38 | ||||||
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Rezumat | ||||||
This study is devoted to analyzing the objective side of the offense of unfair competition, provided by art.2461 PC RM. In the study, is shown that, at let.a)-e) art.2461 PC RM, are specified five alternative ways of committing the offence of unfair competition, not five distinct offenses combined in same nomen juris. It is argued that there are discrepancies between the list of unfair competition methods described at art.2461 PC RM on the one hand, and the list of acts of unfair competition stipulated in the Law on Protection of Competition, the Law on limitation of monopolistic activity and competition development and the Convention of Paris for the Protection of Industrial Property, on the other hand. It is shown that, with the criteria on the composition of the material (imaterial) object and the criteria on the characteristics of the victim, the unfair competition in the manner specified at let.d) art.2461 PC RM, is to be distinguished from the act provided by art.97 of the Contraventional Code and par.(2) art.1852 PC RM. It is reveald that, with the criteria on the presence or lack of use of the mark and the criteria on the specialty of the competing norm, the unfair competition in the manner specified at let.d) art.2461 PC RM, is to be distinguished from the acts provided by par.(6) and (7) art.263 of the Contraventional Code and art.241 (referring to let.d) art.125) of the Penal Code. |
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