INTELLECTUAL PROPERTY AS AN OBJECT OF UNFAIR COMPETITION: THE INTERSECTION OF TRADEMARK PROTECTION, COMPETITION LAW, AND CONSUMER CONFUSION IN CONTEMPORARY MARKET RELATIONS

Abstract

The rapid globalization of markets, digitalization of commercial activity, and expansion of cross-border trade have significantly increased the economic value of intellectual property objects within modern market economies. Trademarks, service marks, geographical indications, trade names, domain names, and commercial reputations have become not merely instruments of product identification, but also strategic competitive assets capable of influencing consumer behaviour, market positioning, and commercial profitability. Consequently, unfair competition increasingly manifests through the unauthorized use, imitation, dilution, or exploitation of intellectual property objects belonging to competitors. At the same time, the relationship between competition law and intellectual property law remains theoretically and practically controversial because both branches of law pursue partially overlapping but conceptually distinct objectives. While intellectual property law seeks to protect exclusive rights and encourage innovation, competition law aims to preserve fair market conditions and prevent anti-competitive behaviour.

This article examines intellectual property as an object of unfair competition through a comparative analysis of competition law and trademark protection mechanisms in Uzbekistan, the European Union, and the United States. Particular attention is devoted to trademark infringement, likelihood of confusion, geographical indications, unfair commercial practices, misuse of trade reputation, and the growing role of intellectual property disputes within modern competition policy. The article further analyzes the legal reforms introduced under the new Law of the Republic of Uzbekistan “On Competition,” including the exclusion of several intellectual property-related violations from antimonopoly regulation and the preservation of commercial secrets as a subject of competition law protection. The article argues that although intellectual property and competition law are often viewed as conflicting regulatory systems, they are in reality functionally interconnected because both ultimately seek to preserve fair competition, consumer trust, and market integrity.

The study concludes that modern unfair competition increasingly operates through the misuse of intangible commercial assets rather than through traditional price-based competition. Accordingly, effective regulation requires coordinated interaction between intellectual property institutions, competition authorities, courts, and consumer protection bodies. It further argues that developing economies such as Uzbekistan must modernize institutional and legal mechanisms for addressing intellectual property-related unfair competition in order to strengthen consumer protection, investment attractiveness, and the stability of competitive markets. 

The study concludes that modern unfair competition increasingly operates through the misuse of intangible commercial assets rather than through traditional price-based competition. Accordingly, effective regulation requires coordinated interaction between intellectual property institutions, competition authorities, courts, and consumer protection bodies. It further argues that developing economies such as Uzbekistan must modernize institutional and legal mechanisms for addressing intellectual property-related unfair competition in order to strengthen consumer protection, investment attractiveness, and the stability of competitive markets.