До питання неправомірного використання ділової репутації суб'єкта господарювання в Україні

The article analyzes the concept of business reputation of the business entity. Some scientific approaches to solving problems that exist in this area of relations are described. In particular, each of the types of misuse of the business reputation of the business entity is described. Improper use of other people’s labels, advertising materials, packaging violates the rights and legitimate interests of both competitors and consumers, trade and other fair practices in business. Illegal use of goods from another manufacturer is to use the high reputation of another’s goods at no cost, and the designation of the offender’s goods acquires a certain business reputation without effort. Copying the appearance of a product from another manufacturer is not always possible to detect in practice and prove the actual fact of the offense, as well as to prove the fact of real damage to the business reputation of the entity. Comparative advertising, if such advertising violates the requirements of Ukrainian legislation, should be based on an in-depth analysis of all components of such advertising as the idea, advertising text, design, text font and clearly meet the requirements of Ukrainian laws in the field of advertising. It is concluded that today the problems related to the misuse of business reputation of business entities need to be discussed not only at the scientific level, but also at the legislative level – by enshrining the relevant provisions in national legislation. In turn, the business reputation of business entities is associated with the demand for certain goods (works, services) that they offer in the market, and significantly affects the choice of these goods (works, services) by the consumer. Therefore, the misuse of the business reputation of business entities creates a misleading impression of the result of economic activity