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The Law On The Procedure For Inappropriate Business

Original Language Title: Laki sopimattomasta menettelystä elinkeinotoiminnassa

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Law on unfair practices in business

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1

Business activities shall not be used against good business practices or otherwise inappropriate for another trader.

Marketing must be made clear in its commercial purpose and on whose behalf the marketing is carried out. (5.6.2002/461)

ARTICLE 2

In the case of industrial activities, the use of a false or misleading expression relating to one's own or another business activity and is likely to affect the supply or supply of a commodity or to harm another activity.

In the case of business activities, the use of non-descriptor or presentation, or an inappropriate form of expression which is liable to injure another economic activity, shall not be used.

Paragraph 3 has been repealed by L 29.8.2008/562 .

§ 2a. (29.8.2008)

Marketing which can directly or indirectly identify a competitor or a commodity marketed by a competitor ( Comparative marketing ) shall be allowed for comparison where:

(1) it is not false or misleading;

(2) it relates to commodities used for the same purpose or for the same needs;

(3) it compares objectively with one or more essential, relevant, verifiable and representative characteristics of commodities or commodity prices;

(4) it does not constitute a risk of confusion between the advertiser and the competitor or their trade marks, their trade names or other distinguishing marks or commodities;

(5) it does not belittle or derogate from a competitor's trade mark, trade name or any other distinguishing sign or commodity, activity or circumstance;

(6) it does not take unfair advantage of the reputation of the trade mark, the trade name or other distinguishing mark of the competitor or the designation of origin of the goods marketed by the competitor;

(7) It does not present a commodity as an imitation or a copy of a commodity with a protected trade mark.

In addition, the comparative marketing of the special offers shall clearly indicate the duration of the offer and, if the offer is valid for as long as the commodities are sufficient, mention it.

As far as the comparison is concerned, the comparison of advertising and other marketing is governed by the law.

ARTICLE 3

Paragraphs 1 to 2 have been repealed by L 11.3.2011/231 .

Where marketing offers discounts, signs or other specific advantages, or where marketing is accompanied by titles, public competitions or games, benefits or titles, competitions and participation in games shall be: Clear and comprehensible and easily accessible. (5.6.2002/461)

§ 4

No one gets the right to acquire or try to obtain information about a business secret or to use or express such information.

Any person who is employed by a trader who has been informed of his business secrecy shall not, in the course of his service, be deprived of the right to exercise or express any advantage in order to acquire or damage the interests of the trader.

Any person who, in the course of carrying out his duties on behalf of a trader, has been informed of a business secret or has been entrusted with a technical or technical instruction or technical instruction for the purpose of carrying out the work or task or otherwise shall not be entitled to Use and not free.

Anyone who has been informed of a business secret, a technical model or a technical instruction, knowing that it has acquired or expressed unlawfully, shall not be used or expressed.

§ 5 (24.08.1990/810)

Paragraph 5 has been repealed by L 24.8.1990/810 .

ARTICLE 6

The trader may be prohibited from continuing or renewing the procedure against Articles 1 to 3. The prohibition shall be made more effective by periodic penalty payments, unless it is unnecessary.

A prohibition may, if there is a particular reason, also apply to the person in the service of the trader referred to in paragraph 1 or any other person acting on his behalf.

The trader, contrary to the provisions of Article 4, has used, or expressed, a second commercial, technical or technical guidance, may be prohibited from continuing or renewing such a procedure. The prohibition shall be made more effective by periodic penalty payments, unless it is unnecessary. (30.5.1986/405)

§ 7 (31.1.2013/117)

The prohibition, referred to in Article 6, may also be imposed as temporary, in which case the prohibition shall remain in force until the matter has been finally resolved.

§ 7a (31.1.2013/117)

The compensation for damage caused by a procedure contrary to this Act shall be governed by the law on compensation (1999) .

§ 8 (31.1.2013/117)

When ordering the prohibition referred to in Article 6, the court may order the trader to take the appropriate corrective action within the prescribed period, if it is necessary, in the light of the obvious disadvantages caused by the act. This provision can be made more effective by periodic penalty payments.

The court may, at the request of the applicant, order that the decision on the prohibition referred to in Article 6 be published at the expense of the defendant in one or more newspapers or magazines. A provisional prohibition decision cannot be made available for publication.

§ 8a (31.1.2013/117)

In proceedings before the Court of Justice against this Act, the Court of Justice may order that the defendant be required to reimburse the costs incurred by the applicant in order to publish, as appropriate, the disclosure of information on the validity of the judgment; Where the defendant has been found to have acted in contravention of this law. Such a provision shall not be allowed where the dissemination of information is restricted by other law. When considering the issuing of an order and the content of the order, the court should take into account the general importance of the publication, the nature and extent of the infringement, the costs of the publication and the other considerations.

The court orders the maximum amount of reasonable publicity costs to be reimbursed by the defendant. The applicant is not entitled to compensation if the information on the judgment has not been published in the time prescribed by the court for the final judgment of the judgment.

§ 9 (24.08.1990/810)

Any breach of the provisions of Article 2 or 3 must be condemned, on purpose or gross negligence, in the absence of a heavier penalty provided for in the law elsewhere, On the infringement of the competition Fine.

By means of an intentional infringement of Article 2 (1), Article 2 of Chapter 30 of the Penal Code , shall be judged by the criminal code according to the criminal code.

ARTICLE 10 (24.08.1990/810)

Every intention, contrary to Article 4, to use or declares technical reference or technical guidance is to be condemned unless a heavier penalty has been imposed elsewhere, Misuse of the technical staff or instructions; Fine.

Which, by the way, is deliberately proceeding against Paragraph 4 Chapter 30 of the criminal code The offence referred to in Articles 4 to 6 is punishable by criminal espionage, breach of company secrecy or misuse of corporate secrecy under criminal law.

Article 10a (31.1.2013/117)

Cases concerning the imposition of a prohibition referred to in Article 6 and disputes arising under this Act shall be dealt with in market law.

Processing by market law of the cases referred to in paragraph 1 shall be governed by the law on the conduct of court proceedings (100/2013) .

Article 10b (31.1.2013/117)

After a dispute in accordance with this law, the court or tribunal shall immediately send a copy of the challenge application to the Consumer Ombudsman for information.

ARTICLE 11 (31.1.2013/117)

The offence and the offence referred to in Articles 9 and 10 shall be dealt with by the Helsinki District Court. The prosecutor may not press charges for any infringement within the meaning of this law, unless the plaintiff has declared the offence to be charged.

In the case of a charge referred to in paragraph 1, the claim for damages arising from a criminal offence may be considered without prejudice to Article 10a.

The court or tribunal shall remain competent to examine the requirement referred to in paragraph 2, even if, in the circumstances of the establishment of the powers, a change occurs after the request has been made.

When dealing with matters in accordance with Articles 2 and 3 of paragraphs 2 and 3, the court or tribunal referred to in paragraphs 1 and 2 shall have the right to be heard.

Article 11a (31.1.2013/117)

When considering the matter referred to in Article 11, the District Court may be assisted by a maximum of two of the (99/2013) The expert referred to in paragraph 2.

The expert shall issue a written opinion on the questions raised by the district court. The expert shall have the right to question the parties and witnesses. Before a decision is taken, the district court shall provide the parties with the opportunity to rule on the expert's opinion.

The remuneration of the expert is governed by Article 37 of the Law on Market Law, which provides for the remuneration of a member of the expert.

ARTICLE 12

This Act shall enter into force on 1 January 1979. It repeals the law of 31 January 1930 to prevent unfair competition (34/30) .

Entry into force and application of amending acts:

30.5.1986/405:

This Act shall enter into force on 1 July 1986.

HE 9/86, tv miet. 2/86, svk.M. 23/86

24.8.1990/810:

This Act shall enter into force on 1 January 1991.

HE 66/88, Ivhms. 6/90, svk.M. 56/90

15.12.2000/1073:

This Act shall enter into force on 1 March 2001.

THEY 79/2000 , TaVM 24/2000, EV 140/2000, European Parliament and Council Directive 97 /55/EC (397L0055); OJ L 290, 23.10.1997, p. 18

28.12.2001/3:

This Act shall enter into force on 1 March 2002.

Before the law enters into force, measures may be taken to implement the law.

THEY 105/2001 , LaVM 23/2001, EV 191/2001

5.6.2002/461:

This Act shall enter into force on 1 July 2002.

THEY 194/2001 , TaVM 4/2002, EV 44/2002, Directive 2000 /31/EC of the European Parliament and of the Council (300L0031); OJ L 178, 17.7.2000, p. 1

29.8.2008/5621:

This Act shall enter into force on 1 October 2008.

THEY 32/2008 , TaVM 11/2008, EV 67/2008, Directive 2006 /114/EC of the European Parliament and of the Council (306L0114); OJ L 376, 27.12.2006, p. 21

11.3.2011/11:

This Act shall enter into force on 15 June 2011.

THEY 220/2010 , TaVM 39/2010, EV 289/2010, Directive 2008 /122/EC of the European Parliament and of the Council (32008L0122); OJ L 33, 3.2.2009, p. 10

13 MAY 2011/481:

This Act shall enter into force on 17 May 2011.

THEY 286/2010 , LaVM 34/2010, EV 311/2010

31.1.2013/117:

This Act shall enter into force on 1 September 2013.

Subject to the entry into force of this Act, a case brought before the District Court or the Market Court before the entry into force of this Act shall be treated in accordance with the provisions in force at the time of entry into force of this Act.

Before the law enters into force, action can be taken to enforce the law.

THEY 124/2012 , LaVM 15/2012, EV 158/2012