How to prove the fact of unfair competition?

Evidence in the case of violation of unfair competition can be:

• product packaging with misleading design;

• advertising leaflets with misleading or false text;

• commercial recorded on the media;

• printout from the Internet;

• an advertising poster captured in a photo, an independent expert study of the impact of unfair advertising or information on consumers;

• certificate of registration of a trademark with known misleading advertising.

Bodies of the Antimonopoly Committee of Ukraine, in accordance with their powers, study the conclusions of experts, explanations of persons, which are also evidence in cases of violation of legislation on protection against unfair competition.

Recording and proper registration of such evidence must be carried out with the involvement of legal experts who have practical experience in cases of violation of unfair competition. The statute of limitations for prosecution for unfair competition is 3 years from the day the violation was committed, and in the case of a violation that lasted over time — from the day the violation ended.

At the same time, the timely and proper processing of evidence of violation of the legislation on protection against unfair competition is a guarantee of positive consideration of the relevant application by the controlling state and judicial authorities in case of research and consideration of properly collected evidence.