Counselling involving unfair competition
[Warsaw, 06.06.2006] Pursuant to Article 3 of the Polish Law of 16 April 1993 on Combating Unfair Competition, an act of unfair competition is understood as an act inconsistent with law or good customs if it jeopardises or infringes upon the interests of another entrepreneur or customer.
Acts of unfair competition include, in particular, misleading marking of an enterprise, false or fraudulent marking of geographic origin of goods or services, misleading marking of goods or services, violation of trade secrets, persuading entrepreneurs to terminate a contract or to refrain from performance of a contract, product imitations, imputation or dishonest praising, making access market difficult, bribing of a person performing public function, unfair and prohibited advertising, organising of an avalanche sale system and conducting or organising business in a consortium system.
In case of an act of unfair competition, the entrepreneur whose interest was jeopardised or infringed may request:
- ceasing of prohibited acts;
- removal of consequences of prohibited acts;
- making of one- or several-time statement of certain content and form;
- redressing of damage caused, on general terms;
- return of ungrounded benefits, on general terms; and
- adjudicating of a certain amount for a specified social purpose connected with the support of Polish culture or protection of national heritage - if an act of unfair competition was committed at the party's fault.
Foreign natural and corporate persons enjoy rights following from the Law on Combating Unfair Competition on the basis of international treaties binding upon the Republic of Poland or on reciprocal terms.
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