Unfair Competition. A New Approach to the Legal Regime in Cuba

La competencia desleal. Un nuevo acercamiento al régimen legal en Cuba

This research is of great importance for the development of commercial traffic and, therefore, of the Cuban economy. Its objective is: To substantiate the need for effective regulation of a theoretical-legal framework that represses acts that constitute unfair competition in the Cuban legal system. It summarizes the doctrinal guidelines for the study of the events that lead to unfair competition, establishing a critical analysis from a positive perspective for its proper application in the Cuban legal system, demonstrating the need to regulate them, with the aim of guaranteeing their effective repression. The palpable economic value that stands in the competition, forges the implementation of measures for its legal protection. Despite the transformations carried out in Cuba in terms of Intellectual Property, insufficiencies are still observed, which require special attention, in terms of the legal regulation of unfair competition. The implementation of a regulation that substantively regulates this institution with reference to developing norms, constitutes a necessity in terms of the protection of consumers, businessmen and the interests of both. The main expected results with the development of this research are, in the academic order: To establish the doctrinal guidelines for the study of the acts that constitute unfair competition, establishing a critical analysis from a positive perspective for its adequate application in the Cuban legal system; in the normative order: Demonstrate the need for the regulation of acts that constitute unfair competition in the Cuban legal system, with the intention of guaranteeing its effective repression.