Competition Law
Apart from copyright and industrial property, intellectual property also includes combating unfair competition. In the Polish legal system, issues related to acts of unfair competition are regulated by the Unfair Competition Act. The Act aims at both combating and preventing unfair competition in business.
PURPOSE OF THE ACT PREVENTING UNFAIR COMPETITION
The objective is to protect public interest, as well as interests of entrepreneurs and customers, and particularly of consumers. Nevertheless, it must be remembered that, in the Polish legal system, competition is recommended as a rule. It is because competition makes the economy thrive.
The Act has been constructed in a way where Article 3(1) of the Unfair Competition Act generally defines the act of unfair competition in the General Clause. Article 3(2), however, presents examples of unfair acts.
Examples of unfair competition include misleading designation of the company (Article 5), misleading designation of products or services (Article 10), slavish imitation (Article 13), unfair or prohibited advertising (Article 16).
MATTERS RELATED TO UNFAIR COMPETITION
Matters related to unfair competition are usually unclear. The success depends on the evidence gathered in the case. Therefore, the cooperation between the attorney and the client is of major importance. The right assessment of the factual status and the evidence held by the party pursuing claims with respect to criminal act is of fundamental importance when evaluating the chances for success in the case. It must be remembered that a court action involves the need to pay judicial fees; therefore, a lawsuit must be preceded by a thorough analysis and decisions must be cautious.
WHAT CAN WE HELP YOU WITH?
With respect to unfair competition, our offer includes:
- drafting legal opinions,
- drafting final notices, including to abstain from and make good for violations,
- drafting statements, including lawsuits and replies thereto,
- representing Clients in judicial proceedings.