The Law On The Procedure For Inappropriate Business

Original Language Title: Laki sopimattomasta menettelystä elinkeinotoiminnassa

Read the untranslated law here:

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
In accordance with the decision of the Parliament, provides for: 1 section in the course of trade shall not be used contrary to honest practices in industrial or commercial matters, or otherwise inappropriate for the other traders.
Marketing is a clear indication of its commercial purpose as well as other marketing, who will be executed. (5 June 2002/473) section 2, in the course of trade shall not use false or misleading, that is their own or another economic activity and is likely to affect the demand for or supply of an asset, or to cause harm to another economic activity.
In the course of any facts that may not be used and the form of presentation or inappropriate expression, which is likely to cause harm to another economic activity.

(3) repealed by L:lla on August 29, 2008/562.

2. (a) section (August 29, 2008/562) marketing, which can be directly or indirectly to identify the competitor or the competitor marketed by commodity (comparative marketing), as regards the comparison of the permissible if it is: 1) it is not false or misleading;
2) it applies to goods that are used for the same purpose or the same needs;
3) it objectively compares one or more material, relevant goods, verifiable and representative for the property or commodities prices;
4) it does not present a risk of confusion between the advertiser and a competitor or their trademarks, names or other distinguishing marks of a work is it possible, or hyödykkeittensä, on the other.
5) it does not take anything away, and not halvenneta the name of a competitor's trade mark, or other distinguishing marks or the product, activity or conditions;
6) it does not turn in favor of a competitor's trade mark, trade name or other distinguishing sign of a competitor or of the designation of origin, or in the opinion of the asset;
7) it does not present the asset as an imitation or a replica of a commodity, which is protected by trademark.
The use of comparative marketing is also clearly indicate the duration of the offer and, if the offer is valid as long as the goods will be enough, a reference to the fact.
Otherwise than as regards the comparison of the comparative marketing applies to what the rest of the law on advertising and other marketing efforts.

1 to 2 paragraph 3 of the articles has been repealed L:lla 11/03/2011/231.

If the marketing will be offered discounts, giveaways and other special interests, or if marketing is related to the sweepstakes, contests or games, or the interests of sweepstakes, contests, and games for the participation of these criteria must be clear and comprehensible and easily accessible. (5 June 2002/461), section 4, no person shall unlawfully obtain or attempt to obtain information on business secret and not to use or display this on.
A trader when he has knowledge of business secrecy, does not get it, in due course, of the conditions of employment in order to procure for himself or unlawfully use and free to another interest or other harm.
That, in carrying out the task on behalf of the supplier has knowledge of the business secret, or who work in or for the purpose of performing the task, or the way the business is entrusted to the technical Paragon or technical help, couldn't get it to unlawfully use or display.
Other information the confidentiality of which has been in the business, technical help for the one which we celebrate properly or technical knowledge that has been acquired unlawfully, or has expressed, this information shall not be used or disclosed.

section 5 (24.8.1990/810) section 5 is repealed by L:lla 24.8.1990/810.

section 6 of the trader may be prohibited from continuing to issue or renew 1 – contrary to article 3 of the procedure. Ban has stepped up the threat of a fine, unless it's for a special reason, not unnecessary.
The ban may be, if there is a particular reason, apply also to the persons referred to in subparagraph (1) or to any other trader, who works on his own account.
The trader, who, contrary to the provisions of article 4 has been used by another trade secret, technical help or expressed its benchmark or technical, may be prohibited from continuing to issue or renew such a procedure. Ban has stepped up the threat of a fine, unless it's for a special reason, not unnecessary. (30.5.1986/405) (31.1.2013/117), the ban, which for the purposes of section 6, may also be imposed as a temporary, when the ban will be in force until the matter is finally resolved.

7 (a) of section (31.1.2013/117) this law is contrary to the procedure laid down in the law for compensation of damage caused (412/1974).

section 8 (31.1.2013/117) in imposing the ban referred to in article 6, the Court may order the appropriate adjustment to the amount of time the trader to take action, if it is to be considered an act of obvious disadvantages of this is necessary. The order can be enhanced by the threat of a fine.
The Court may, on application by the party concerned provide that the prohibition referred to in article 6 of the decision on the issue at the expense of the defendant, to be published in one or more of a newspaper or in the magazine. The decision on the temporary ban can not be ordered to be released.

section 8 (a) (31.1.2013/117) contrary to this Act, the Court may, on the procedure in a civil case, the plaintiff's order, that the defendant must reimburse the costs incurred by the applicant, that the fact that he is, mutatis mutandis, to publish the final judgment, which by reason of the defendant with having acted in breach of the law has been established. The order will not be issued if the dissemination of the information is in a law limited. When considering whether to order and the order of the Court shall take into account the contents of the publication of the general importance of the nature and scope of the infringement, the disclosure of the costs and other related issues.
The court orders the disclosure of which may be reimbursed the reasonable costs of the defendant. The applicant does not have the right to compensation if the judgment has not been made public within a period to be determined by the judgment of the Court judgment which has become final.

section 9 (24.8.1990/810) That intentional or grossly negligent breach of the provisions of paragraph 2 or 3, subject to the Act must be condemned, not the rest of the heavier penalty provided for in the law, the procedure for infringement of competition to a fine.
That means that such a purpose contrary to section 2(1) of the criminal law, Chapter 30, section 2 makes in the Commission of an offence referred to in the offence, be sentenced according to the law of criminal procedure.

section 10 (24.8.1990/810) That intentionally in contravention of article 4 of the technical help or to use the technical benchmark or indicates its subject to the Act, is to be condemned, not the rest of the heavier penalty provided for in the model or the misuse of technical help, fine.
Which, by the way, contrary to article 4 of this process deliberately makes 4 to 6 of the criminal code, Chapter 30, article, is in the business of spying, misuse of company for breach of secrecy or confidentiality, according to the criminal law.

section 10 (a) (31.1.2013/117) in section 6, the imposition of the prohibition referred to in this law are based on the civil cases are heard in the market.
The processing of the matters referred to in subparagraph (1) above market law provides for the right to start in the market (100/2013).

section 10 (b) (31.1.2013/117), the Court shall, pursuant to this law, once the dispute a copy of the summons proceedings without delay, send to the Consumer Ombudsman.

section 11 (31.1.2013/117) in section 9 and 10 of the Prosecution of the offences referred to in the offence and dealt with the District Court of Helsinki. The Prosecutor shall not result in an increase in the prosecution of an infringement as defined in this Act, unless the owner of the prosecution of the offence is not to be announced.
In the context of the charge referred to in paragraph 1, the matter can be dealt with a claim for damages resulting from the decision to prosecute an offence notwithstanding the provisions of article 10 (a).
The Court remains competent to investigate the requirement referred to in paragraph 2, even though the conditions of the perustaneissa there is a change in the requirement after the presentation.
Referred to in paragraph 1 and 2, the relevant court shall, in accordance with article 2 and 3 of the things dealing with the Ombudsman to be reserved an opportunity to be heard.

11 a § (31.1.2013/117) in dealing with the matter referred to in article 11, the District Court may be assisted by experts for a maximum of two on the right of the law on the market (99/13) referred to in article 7 (2) of the expert members.
The expert opinion of the District Court shall be given in writing to him to do. The expert shall have the right to put questions to the parties and the witnesses. Prior to the ruling of the District Court shall be reserved for the parties the opportunity to comment on the opinion of an expert.
The right to remuneration, shall apply to the market of an expert of the right under article 37 of the law on the expert's fee.

Article 12 of this law shall enter into force on 1 January 1979. For the prevention of unfair competition shall be repealed on 31 January 1930 of the law (34/30).

The change of the date of entry into force and application of legal acts: law of the 405 30.5.1986/: this shall enter into force on 1 July 1986.
THEY 9/86, tvk. Mrs. 2/86, svk. Mrs. 24.8.1990/23/86 810: this law shall enter into force on 1 January 1991.
THEY'RE 66/88, lvk. Mrs. 6/90, svk. Mrs. 56/90 15.12.2000/1073:

This law shall enter into force on 1 March 2001.
THEY'RE 79/2000, 24/2000, TaVM EV 140/2000 of the European Parliament and of the Council Directive 97/55/EC (397L0055); OJ No l L 290, 23.10.1997, p. 18 28.12.2001/1532: this law shall enter into force on 1 March 2002.
Before the entry into force of the law can be used to take the measures needed to implement the law.
THEY'RE 105/2001, LaVM 23/2001, of 5 June 2002 on 191/2001/461 EV: this law shall enter into force on 1 July 2002.
THEY 194/2001, TaVM 4/2002, EV 44/2002 of the European Parliament and of the Council Directive 2000/31/EC (300L0031); OJ No l L 178, 17.7.2000, p. 1 on August 29, 2008/562: this law shall enter into force on 1 October 2008.
THEY'RE 32/2008 2008-11, EV, TaVM 67/2008 of the European Parliament and of the Council Directive 2006/114/EC (306L0114); OJ No l L 376, 27.12.2006, p. 21 11/03/2011/2: this law shall enter into force on 15 June, 2011.
THEY'RE 220/2010 TaVM 39/2010, EV 289/2010 of the European Parliament and of the Council Directive 2008/122/EC (32008L0122); OJ No l L 33, February 3, 2009, p. 10, 2011/481: this law shall enter into force on 17 May 2011.
THEY LaVM 34/286/2010, 2010, EV 311/2010 31.1.2013/117: this law shall enter into force on 1 September 2013.
The case, which has come to the District Court or the market Court initiated prior to the entry into force of this law, upon the entry into force of this law, are treated in accordance with the provisions in force.
Before the entry into force of the law can be taken in the implementation of the law.
THEY LaVM 15/124/2012, 2012, EV 158/2012

Related Laws