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(With further amendments and supplements)
Adopted on
November 6, 2000

Law of the Republic of Armenia on Protection of Economic Competition

Chapter 1: General Provisions

Article 1. OBJECTIVES OF THE LAW
This Law regulates the economic and personal non-economic relationships connected with the creation, legal protection and utilization of invention, utility model and industrial design.
 
ARTICLE 2. CONCEPTIONS USED IN LAW
The main conceptions used in this Law are:
Paris Convention – Paris Convention on industrial property protection, signed on March 20, 1883 with all further amendments and supplements.
WIPO – World Intellectual Property Organization
PCT – Patent Cooperation Treaty, signed on June 19, 1970, with PCT and Administrative instructions and further amendments and supplements.
Eurasian Convention – Eurasian Patent Convention, signed in Moscow on September 9, 1994.
TRIPS Agreement – Agreement on Trade-Related Aspects of Intellectual Property Rights, signed in Marrakech on April 15, 1994.
Locarno Agreement – Locarno Agreement on Industrial Design International Classification, signed in Locarno on October 8, 1968.
Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs – Hague Agreement on International Deposit of Industrial Designs, renamed as “Hague Agreement on International Registration of Industrial Design” on July 2, 1999.
Industrial Property Subject Matter – invention, utility model and industrial design.
State Authorized Body - State Body authorized by the Government of the Republic of Armenia to exercise functions concerning issuance of industrial property protection documents (patents and certificates) as well as other functions provided by this Law and its Statutes.
Applicant – natural or legal person, organization, in whose name the patent on invention or utility model or certificate on industrial design is requested.
Rightholder – a person, in whose name the patent on invention or utility model is granted, or industrial design is registered (exclusive right holder).
Application - Application seeking patent on invention, utility model or certificate on industrial design.
International application – application filed in compliance with PCT, according to which the applicant has met the requirements of the State Authorized Body provided by Article 22 of the above Treaty.
Eurasian application – application on Eurasian patent, filed in compliance with Article 15 (1) of the Eurasian Patent Convention.
Representative – a person authorized in the State Authorized Body to represent the applicant, rightholder or other interested person.
Date – day, month, and year.
Mutatis mutandis – for the purpose of respective amendments within the meaning of TRIPS agreement.
National Phase – international application examination according to National Legislation.
 
ARTICLE 3. THE LEGISLATION ON ECONOMIC COMPETITION PROTECTION
The legislation on economic competition protection comprises the Constitution of the Republic of Armenia, the Civil Code of the Republic of Armenia, this Law and other legal acts.
 
ARTICLE 4. BASIC CONCEPTS
1. Basic concepts used in this Law are as follows:
          Economic competition or competition  – economic activity aimed at ensuring the most favorable conditions for selling or acquiring products,  as a result of which possibilities of each competitor to unilaterally influence on general conditions of the product circulation in the product market is objectively limited; 
          Product – any object of civil law, including property, work, service (including financial), which is envisaged for sale;  
          Mutually substitutable products – products which are comparable in terms of the significance of their use, application, qualitative, technical, price or other features, in a way that the acquirer substitutes or is ready to substitute them for one another; 
          Product market – the field of circulation of a product and its mutually substitutable products in a certain territory, the boundaries of which are defined by economic opportunities and expediency of the product acquisition by the buyer in the relevant territory. Product market is characterized by product type and geographic boundaries, the composition and volume of its subjects;
          Product type boundary of a product market – completeness of a given product and its mutually substitutable products;
          Geographic boundary of a product market – certain geographic territory (including road, air, water and overground route, etc), within which it is economically possible and expedient for the buyer to acquire the given product and its mutually substitutable products, and such possibility and expedience is not available outside the given territory. The geographic boundary of a product market may cover the entire territory of the Republic of Armenia or a part thereof, or the territory of the Republic of Armenia (or a part thereof) and other state (a part thereof);  
          Subjects of a product market – seller (realizer, supplier, alienator, provider, executor) and acquirer (buyer, recipient, accepter, consumer) of the product and its mutually substitutable products;
         Product market volume – the total sale or acquisition volume of a product and its mutually substitutable products within the geographic boundary of a product market in terms of quantity and (or) value:
          Realization – sale, supply, alienation, provision, execution;
          Acquisition – purchase, receipt, acceptance;
          Economic entity – natural person (including sole proprietor), legal entity, other organization, its representative, representation, branch, a group of persons; 
          A group of persons – a group of legal and (or) natural persons with respect to which at least one of the following conditions is met:
  • a person or several persons are entitled to dispose of (including by trading, trust management, joint activity contracts, commission or other transactions), whether directly or indirectly, more than a half of the authorized capital or share of an organization as a result of a contract (concerted practices), according to the procedure defined by the legislation;
  • a person or persons obtain, either on a contractual basis or otherwise, the possibility to predetermine the decisions (including conditions for conducting entrepreneurial activity) adopted by other person or persons, or to exercise the powers of executive body;
  • a person is entitled to appoint a sole executive body and (or) more than a half of the composition of a collective executive body, and (or) more than a half of the composition of an organization’s management body has been elected upon his/her proposal;
  • a natural person exercises the powers of an organization’s executive body;
  • the same natural persons, their spouses, parents, children, brothers, sisters and (or) other persons, who are elected upon proposal of the same organization, constitute more than a half of the composition of two or more organizations’ management bodies, or upon proposal of the same organizations are elected in the composition of more than a half of their management bodies;
  • the same natural persons, their spouses, parents, children, brothers, sisters and (or) legal entities are entitled to dispose of more than a half of shares in the authorized capital of more than one organizations;
  • natural persons and(or) organization(s) dispose of, either independently or through their representatives, more than a half of shares in the authorized capital of one organization, and simultaneously the same natural persons, their spouses, parents, children, brothers, sisters, or persons proposed by the same organization constitute more than a half of the composition of an organization’s management body;
  • natural persons are spouses, parents, children, brothers or sisters.
          Delivery of an administrative (legal) act or other document (hereinafter referred to as “Correspondence”) – sending a notification by registered mail to an addresse’s location, place of residence or business, or postal or other address specified by the addressee, or delivering in person, or transmitting via other means of communication ensuring the proper execution of the message being delivered, or delivering in any other proper manner.  Correspondence shall be deemed as properly sent (delivered) to the venue (address) or postal address specified in this paragraph, irrespective of the circumstance to whom it was provided. The organization providing postal communication service shall bear responsibility for damage caused to an addressee due to improper delivery of correspondence.
          Asset value – computed value of an asset in accordance with the accounting standards;
          Share - right to participate (share, stock, other security) in the authorized capital (capital stock) of a legal person.  

2. The concepts defined in this Article shall be used only within the context of this Law and other legal acts adopted on the basis thereof.
 
3. Other concepts specified in this Law shall be applied in the meaning defined by the Constitution of the Republic of Armenia, Civil Code of the Republic of Armenia, other laws and other legal acts.
 
(Article 4 was amended by # HO-29-N Law adopted on 25.12.2003 and by # HO-107-N Law adopted on 22.02.2007)