TTK articles 54-63 regulates unfair competition. It is a broader protection area, different from trademark infringement.
Types of Unfair Competition
- Misleading advertising
- Comparative advertising (misleading)
- Use of fake title/trademark
- Sign that will cause confusion
- Employee obtaining information from competitor
- Trade secret violation
- Boycott incentive
- Prevention of starting a business
Cases
- Declaratory action
- Suit for disqualification (preventing the continuation)
- Restitution
- Material and moral compensation
- Announcement of the verdict
Duration
- 1 year before learning
- In any case 3 years
Criminal Liability
- TTK article 62: deliberately unfair competition
- 3 months - 2 years imprisonment or judicial fine
- Depending on complaint
Supreme Court 11. HD
11. HD adopts that "honesty rule" is essential in unfair competition, and that any behavior contrary to the ordinary flow of commercial life can be considered unfair competition.
Typical Scenarios
- Employee switching to a competitor and taking a customer list
- If the "cheapest" claim is unrealistic
- Slandering the competitor
- Spoofing the production method
Commercial law lawyer recommended.