The Unfair Competition Law governs the prevention and combating unfair competition in the economic activity in the interest of general public, entrepreneurs and customers, in particular consumers. The act of unfair competition shall be the activity contrary to the law or good practices which threatens or infringes the interest of another entrepreneur or customer.

The acts of unfair competition shall be in particular

    • misleading designation of the company;
    • false or deceitful indication of the geographical origin of products or services;
    • misleading indication of products or services;
    • infringement of the trade secret;
    • imitating products;
    • slandering or dishonest praise;
    • impeding access to the market;
    • unfair or prohibited advertising.

It is worth noting that the definition of a trade secret is constructed so as to cover know-how, business information and technological information. Also, the Unfair Competition Law in Poland is a fairly good legal mechanism for resolving disputes over Internet domain names.

Where the act of unfair competition is committed, the entrepreneur may request in particular:

    • relinquishment of prohibited practices;
    • removing effects of prohibited practices;
    • making one or repeated statement of appropriate content and form;
    • repairing the damage, pursuant to general rules;
    • handing over unjustified benefits, pursuant to general rules;
    • adjudication of an adequate amount of money to the determined social goal connected with support for the Polish culture or related to the protection of national heritage – where the act of unfair competition has been deliberate.

The court, upon a motion of the entitled party, may also adjudge on products, their packing, advertising materials and another items directly connected with commitment of the act of unfair competition. In particular, the court may order their destruction or include them on account of the indemnity.

It should be emphasized, that the entrepreneurs, for the purpose of the Unfair Competition Law, shall mean natural and legal persons and organisational units without the legal status, which by performing, even casually, paid or professional activity participate in the economic activity.

In our practice, the law on combating unfair competition is usually a parallel basis in the processes for the protection of trademarks or industrial design. However, it is also the sole basis of the claimed action in some cases.