Facultatea de Drept / Faculty of Law
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Item Acţiunile de concurenţă neloială în domeniul on-line(2019) Gorincioi, Cornelia; Moraru, Iulian; Cojocaru, VioletaThe article approaches world trends of reorientation of TV and outdoor advertising towards Internet. However, in the process of on-line space occupation, unfair competitors continue to commit unfair competition acts, which are often manifested by inadequate advertising. At the same time, in the article there are elucidated the particularities of unfair competition acts identified in the on-line space, being presented as well the case law of the competition authority from Republic of Moldova. The article contains as well the argumentation of the necessity of the on-line advertising regulation, analyzing the existing law and presenting the data of the World Intellectual Property Organization, which denote a numeric growth of cases of infringement of trademarks right holders in the on-line domain.Item The Confusion – A Perfect Interference Between Competition and Industrial Property(2020) Cojocaru, Violeta; Moraru, IulianIndustrial property and competition are indissoluble in terms of the legal manner in which the unfair competition act of confusion is committed. The regulation of confusion within the competition legislation of the Republic of Moldova (Law no. 183/2012 on Competition) is in an explicit connection relationship with industrial property, given the fact that the trademarks, industrial designs and other industrial property objects are protected through the provisions of the Law no. 183/2012 on Competition as well. Thus, there is a double protection of industrial property objects: through the rules of industrial property and, at the same time, through those of unfair competition. In the same context, it is important to specify that under competition law are protected even industrial property objects that are not protected under industrial property division law. At the same time, in order to benefit from effective legal protection in accordance with the rules of unfair competition, there is a stringent need for a complex and effective bilateral evidentiary process. In order to validate the theoretical aspects stated above, the practice of the national competition authority of the Republic of Moldova (Competition Council) is essential.