사용자:HappyMidnight/폴란드 경쟁 및 소비자보호법

LAW of 16 April 1993. Unfair konkurencji1) Chapter 1 General provisions Art. 1. The Act regulates preventing and combating unfair competition in business economic, particularly industrial and agricultural production, construction, trade and services - in the interest of the public, businesses and customers, especially consumers. Art. 2. Entrepreneurs within the meaning of the Act, are individuals, legal persons and entities organization without legal personality, which lead, even side activities, commercial or professional involved in the business. Art. 3. 1. The act of unfair competition action contrary to law or good customs, if it threatens or violates the interests of another entrepreneur or customer. 2. unfair competition include in particular: misleading designation of an enterprise, false or fraudulent designation of origin geographic goods or services, misleading designation of goods or services, violation of business secrets, incitement to solve or non-performance, imitation products, taunt or non- 1) This Act shall be in the scope of its regulation to implement the following directives Communities European Union: 1) Directive 84/450 / EEC of 10 September 1984. On the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising confusion (OJ. L 250 of 19.09.1984) 2) of Directive 97/55 / EC of 6 October 1997. Amending Directive 84/450 / EEC concerning misleading advertising to include comparative advertising (OJ. L 290, 23.10.1997). Data on the announcement of acts of European Union law, included in this Act - from date the Republic of Polish membership in the European Union - concern the announcement those acts in the Official Journal of the European Union - Special edition.

fair touting, obstruction of access to the market, bribery of a person holding public function, as well as unfair or prohibited advertising, organizing System pyramid selling and conducting or arranging activities in a Ponzi scheme. Art. 4. Foreign individuals and legal entities are entitled under the rules Act on the basis of international agreements binding the Republic Polish or on a reciprocal basis. Chapter 2 Acts of unfair competition Art. 5. An act of unfair competition is the designation of the undertaking which may mislead customers as to his identity, the use of a company name, emblem, the letters or other distinctive symbol previously used, accordance with the law to designate another company. Art. 6. 1. If the designation of an enterprise can enter the name of the entrepreneur customer confusion as to the identity of the other company, which previously have used similar sign, this entrepreneur should take measures to remove the danger of misleading third parties. 2. At the request concerned the court will issue an order to the entrepreneur, who later started to use the sign, take appropriate measures to prevent, involving in particular the introduction of changes in the designation the company, limiting the territorial scope of use of the sign or its use in certain ways. Art. 7. 1. If, as a result of the liquidation, division or transformation of the uprising doubt that the business has the right to use the sign company liquidated, split or converted to be established such signs, to prevent the introduction of misleading third parties. 2. In the event of a dispute the court, upon request by the entrepreneur, determine the mark businesses, taking into account the interests of the parties and other circumstances of the case. Art. 8. Act of unfair competition dressing goods or services in a false or deceptive geographical indication indicating directly or indirectly country, region or town of their origin or use of such marks in commercial activities, advertising, shopping lists, bills or other documents.

Art. 9. If the goods or service at the point of origin is protected, and the origin in the region or locality they are related to their specific features or properties, an act of unfair competition is false or fraudulent use including geographical indications, regional, even with the addition of "kind" "Type", "method" or the equivalent. Art. 10. 1. An act of unfair competition is an indication of products or services or the lack of which may mislead customers as to the origin, quantity, quality, composition, performance, suitability, applicability, repair, maintenance and other significant features of goods or services, and concealment of the risks associated with using them. 2. An act of unfair competition is also the placing of goods in a package that can induce effects referred to in paragraph. 1, except where this package is justified by technical reasons. Art. 11. 1. An act of unfair competition is to transfer, disclosure or use of others secret information, or their acquisition from an unauthorized person, if it threatens or violates the interests of the entrepreneur. 2. Paragraph. 1 shall also apply to a person who was employed on the basis of employment or other legal relationship - a period of three years from the termination, unless otherwise provided by contract or stopped state secret. 3. The provisions of paragraph. 1 does not apply to the person who bought from unauthorized in good faith, on the basis of an act, the information on which business secret. The court may oblige the purchaser to pay appropriate remuneration for the use of them, but not longer than until the cessation of the state mystery. 4. The company's secret is understood not disclosed to the public technical, technological, organizational business or other information having commercial value, which an entrepreneur has taken the necessary steps to maintain its confidentiality. Art. 12. 1. An act of unfair competition is to encourage the person providing for entrepreneurs working on the basis of employment or other legal relationship, for non-performance or improper performance of the employee's duties or other contractual obligations, in order to bring about the benefits themselves or third parties or harm businesses. 2. An act of unfair competition is also urging clients entrepreneur or other persons to terminate his contract or non-performance or improper performance of the contract, in order to bring about the benefits themselves or to persons third or harm businesses.

3. Paragraph. 1 and 2 shall not apply to conduct by trade unions, actions in accordance with the provisions for resolving disputes. Art. 13. 1. The act of unfair competition is the imitation of the finished product, consisting of that the technical means of reproduction is copied the external form of the product, if it can mislead customers as to the identity manufacturer or product. 2. an act of unfair competition imitation functional features product, in particular the design, construction and form ensuring its utility. If imitation functional characteristics of the finished product requires account of its characteristic form which can result in customer confusion as to the identity of the manufacturer or product follower is required and mark the product. Art. 14. 1. An act of unfair competition is the dissemination of false or misleading information about his or other entrepreneur or enterprise, in order to bring about the benefit or detriment. 2. messages, referred to in paragraph. 1, inaccurate, misleading, or misleading information, in particular: 1) persons managing the company; 2) manufactured goods or services rendered; 3) applicable prices; 4) economic or legal status. 3. spread the message referred to in paragraph. 1, it is also useful to in: 1) nieprzysługującymi or inaccurate titles, degrees or other information qualified employees; 2) false approvals; 3) unreliable test results; 4) unreliable information about the awards or marking of products or services. Art. 15. 1. An act of unfair competition is blocking access to other entrepreneurs market, in particular by: 1) the sale of goods or services below cost of production or provision or their resale below cost of purchase in order to eliminate other entrepreneurs; 2) inducing third parties to refuse to sell to other businesses or refrain from purchasing goods or services from other companies; 3) objectively unjustified differential treatment of certain customers; 4) collection other than the margin trading fees for accepting goods for sale; 5) action to force the customer to choose a contractor particular undertaking or creating the conditions for third party forcing the purchase of goods or services in a particular entrepreneur. 2. The act referred to in paragraph. 1 point 5 may rely in particular on: 1) reducing in a significant way on or off the possibility of making customer purchase another trader; 2) creating a situation whether directly or indirectly imposing customers by third parties having to purchase a given entrepreneur or an entrepreneur, with which the entrepreneur remains in relation to the economy; 3) the issue, offering and implementing character legitymacyjnych subject exchanged for goods or services offered by a single entrepreneur or a group of businessmen in connection economic circumstances in mentioned in point 1 or 2. 3. An act of unfair competition is also hindering small businesses, within the meaning of the Act of 19 November 1999. - Business Law (Journal of Laws No. 101, item. 1178, 2000. No. 86, pos. 958 and No. 114, item. 1193, with 2001. No. 49, item. 509, No. 67, item. 679, No. 102, item. 1115, and No. 147, item. 1643, 2002. No. 1, item. 2, No. 115, item. 995 and No. 130, item. 1112 and 2003. No. 86, Pos. 789 and No. 128, item. 1176), access to the market for the sale of goods or services in commercial facilities with a sales area of over 400 m2 at a price rejecting the trade margin, subject to paragraph. 5. 4. hindering access to the market, as referred to in paragraph. 3 is also 1) issuing and execution characters legitymacyjnych traded for goods or services offered below their nominal value; 2) issuing and execution characters legitymacyjnych traded goods or services for a price exceeding the nominal value of the character. 5. Do an act of unfair competition sale referred to in paragraph. 3 if it is done in the context of: 1) sale-season, carried out twice a year at the end of the season summer and winter, each lasting no longer than a month; 2) sales due to the passage of goods to the shelf consumption or the expiring date of minimum durability; 3) liquidation of the commercial facility, provided that such sales lasts no longer than 3 months from the date of public disclosure of information about the liquidation This object, and in the event of liquidation of all commercial buildings the entrepreneur in connection with the cessation of its trading activities - No longer than a year. Art. 15a. An act of unfair competition consisting in bribery person holding public function is defined in Art. 229 of the Criminal Code the behavior of an individual: 1) being an entrepreneur;

2) acting on behalf of a trader in the context of the right to represent him or making decisions on his behalf or perform control over it; 3) acting on behalf of a trader, with the consent of the person referred to in paragraph 2. Art. 15b. 1. An act of unfair competition is to manufacture, import, distribution, sale, hiring or bringing into use under a different legal title and ownership, for profit, prohibited devices, within the meaning of the protection of certain services provided by electronic means based or consisting of, conditional access. 2. An act of unfair competition is the installation, maintenance or replacement of equipment prohibited, for profit, and the use of media commercial information to promote these devices or related services. Art. 16. 1. An act of unfair competition in advertising, in particular: 1) advertising contrary to law, morality or prejudice human dignity; 2) advertising introductory customer confusion and may thus affect its a decision on the purchase of goods or services; 3) advertising referring to the feelings of clients by inducing fear, exploitation superstition or credulity of children; 4) statement, which, by encouraging the purchase of goods or services makes feeling neutral information; 5) advertising, which is a serious interference in the private sphere, in particular by cumbersome for customers soliciting in public places, transfer at the expense of the customer unsolicited goods or abuse technical means of communication. 2. In assessing the misleading advertising should include all the elements, especially the quantity, quality, composition, performance, possible uses, repair or maintenance advertised goods or services, as well as the behavior of the customer. 3. Advertising allows direct or indirect identification of a competitor or goods or services offered by a competitor, hereinafter referred to as "comparative advertising" an act of unfair competition if it is contrary to good customs. Comparative advertising is not contrary to morality, if it meets all of the following conditions: 1) it is not misleading advertising referred to in paragraph. 1 point 2; 2) in a reliable and verifiable on the basis of objective compares products or services meeting the same needs or intended for the same purpose; 3) it objectively compares one or more material characteristic, verifiable and representative features of those goods and services, which It may also include price;

4) does not cause confusion in the market between the advertiser and its competitor or between the goods or services, trademarks, marks the company or other distinctive signs; 5) does not discredit goods, services, activities, trade marks, businesses or other distinctive signs, as well as the circumstances regarding a competitor; 6) for goods with a geographical indication refers regional always to goods with the same designation; 7) does not use unfair reputation of a trade mark, marking the company or other distinctive sign competitor nor of the geographical regional competitive products; 8) does not present goods or services as imitations or imitation goods or services bearing a protected trade mark or other designation distinguishing. 4. Comparative advertising associated with the special offer should, depending on its conditions clearly and unequivocally indicate the expiration date of the offer or indicate that the offer is valid until exhaustion of stocks of goods or cessation of the services, and if the special offer does not apply, should also indicate the date from which the special price or other specific conditions will apply. Art. 17. An act of unfair competition within the meaning of art. 16, it allowed the agency advertising or other entrepreneur who developed the advertising. Art. 17a. 1. An act of unfair competition in the sale of consumer goods or services combined with the granting of all or some of the purchasers of goods or services free bonus in the form of goods or services other than those which the subject of sale, subject to paragraph. 2. 2. an act of unfair competition sale referred to in paragraph. 1 If bonuses are goods or services: 1) low value or product samples; 2) won in the sweepstakes promotion, organized under the provisions of games of chance, mutual betting and gaming machines, or contests, the outcome of which depends on the case. Art. 17b. 1. An act of unfair competition in the lottery promotion to formulate offers in a way which creates consumer - regardless of the outcome of the draw or knowledge of the consumer - confidence of winning, if the consumer places an order on goods or services covered by the promotion or pay a bidder in advance any amount.

2. An act referred to in paragraph. 1, in particular in the formulation of tenders document issued personally to the consumer, having the characteristics of handwriting an official. Art. 17c. 1. An act of unfair competition is to organize a system of pyramid sales, consisting in proposing the purchase of goods or services by folding purchasers of the goods or services promise to obtain material benefits in exchange for persuading others to make the same transactions, which individuals would gain similar benefits to property caused by inducing more people to participate in the system. 2. an act of unfair competition organizing system sales, about referred to in paragraph. 1, if the following conditions are met: 1) material benefits derived from their participation in the sale come from the funds obtained from the purchase or the sale of goods and services at price, the value of which can not be grossly exceed the actual value market these goods and services; 2) the person giving up the participation in the sales system has the right to resale organizer system for at least 90% of the purchase price of all purchased organizer of salable goods, materials information and instruction, product samples or sets of presentation purchased within 6 months preceding the date of resignation organizer of sales system. Art. 17d. An act of unfair competition is marketing by chain stores discount goods in excess of 20% of the turnover of brands owned by the network owner or its subsidiaries. Art. 17e. 1. An act of unfair competition is to conduct business involving the management of property collected within a group including Consumer created in order to finance the purchase of rights, movables, property or services to members of the group (system konsorcyjny). 2. An act of unfair competition is also organizing a group including consumers to finance purchases in the Ponzi scheme, which referred to in paragraph. 1. Chapter 3 Liability Art. 18. 1. If you perform an act of unfair competition, the entrepreneur whose interest has been threatened or infringed may request: 1) refrain from illicit activities; 2) remove the effects of illicit activities;

3) issue a single or repeated statement of appropriate content and in an appropriate form; 4) reparations, on a general basis; 5) issue of unjustified benefits, on a general basis; 6) award adequate amount of money for a specific purpose related to social the promotion of Polish culture or protection of national heritage - If the act was committed unfair competition. 2. The Court, at the request of the holder, it can adjudicate on the products, their packaging, advertising materials and other objects directly connected with committing an act of unfair competition. In particular, the court may decide their destruction or credit against damages. Art. 18a. The burden of proving the truth of signs or indications appearing on the goods or their packaging or statements contained in the advertising on the person, the alleged act of unfair competition associated with misleading. Art. 19. 1. claims referred to in Article. 18 paragraph. 1 point 1-3 and 6 may occur: 2) national or regional organization whose statutory purpose is to protect the interests of entrepreneurs; 3) The President of the Office of Competition and Consumer Protection, if the act of unfair competition threatens or violates the interests of consumers; 2. Paragraph. 1 shall not apply to acts of unfair competition laid in art. 5-7, art. 11, Art. 14 and Art. 15a. Art. 20. Claims for unfair competition shall expire after three years. The period of limitation begins separately for each infringement. The provision of Article. 442 of the Civil Code shall apply accordingly. [Art. 21. 1. In matters of unfair competition can bring about the release interim the court in whose jurisdiction is located property of a person who is committed this act, or where there has been an act of unfair competition. 2. Under the interim order, the court may establish a prohibition of the transfer, disposal at a specified price or other marketing of certain goods, as well as a ban on the advertising of specific content. 3. The court recognizes the request for precautionary measures immediately. court rules closed session a single judge.] Art. 22. 1. In the case of the manifestly unfounded claim arising from unfair competition, court, at the request of the defendant, may order the plaintiff to submit Single or multiple relevant statement and a suitable form. 2. The defendant, in which as a result of bringing an action referred to in paragraph. 1 the damage occurs, it may seek damages on general terms. Chapter 4 penal provisions Art. 23. 1. Whoever, contrary to its duty in relation to the trader reveals another person or uses in his own business a trade secret if it causes serious damage entrepreneur, subject to a fine, imprisonment or imprisonment to 2 years. 2. The same penalty shall, who, unlawfully obtaining information constituting business secret, revealed it to another person or uses in its own business. Art. 24. Who, by technical means of reproduction, copying the external form of the product or as copied on the market, creating the possibility of introducing customer confusion as to the identity of the manufacturer or product, what causes serious injury entrepreneur, subject to a fine, imprisonment or imprisonment to 2 years. Art. 24a. Who organizes the system of pyramid sales or such a system directs, subject imprisonment from 6 months to 8 years. Art. 24b. 1. Who, in violation of the law, is established consisting of the management of property collected within a group including consumers to finance purchases in the Ponzi scheme, punishable by imprisonment from 3 months to 5 years. 2. The same penalty shall, who, contrary to the conditions laid down in the law, organizing consumer group referred to in paragraph. 1. 3. If the value of assets accumulated to finance purchases in the system Ponzi is a great perpetrator of the act referred to in paragraph. 1 or 2

punishable by imprisonment from 6 months to 8 years. 4. The sanctions referred to in paragraph. 1-3 is also subject to the one who commits acts in therein, acting on behalf of or in the interest of entrepreneur economic activity specified in Article. 17e paragraph. 1 or 2. Art. 25. 1. Who, marking or not marking contrary to the obligation of goods or services, introduces clients misleading as to the origin, quantity, quality, composition, manufacturing technique, possible use, repair, maintenance or other significant features of goods or services or not informed of the risk, which involves the use of them, and thus exposes customers to the detriment, subject to arrest or a fine. 2. The same penalty shall apply to anyone who commits an act of unfair competition advertising, promotional lotteries or sale referred to in Article. 17a. Art. 26. 1. Any person who disseminates false or misleading messages enterprise, in particular for persons managing the company, manufactured goods, services provided or the applicable prices or economic situation or legal professionals to harm entrepreneurs, subject to arrest or a fine. 2. The same penalty shall, who, in order to bring about financial benefit or Personal yourself, your company or third parties, disseminates false or misleading messages about your company or entrepreneurs, in particular persons managing the company, manufactured goods, services provided or used prices or for economic or legal status of the entrepreneur or company. Art. 27. 1. The prosecution provided for in this act of crime at the request of the victim and the offense - at the request of the victim. 1a. A request for the prosecution of offenses referred to in Article. 24b may also occur the entities referred to in Article. 19 paragraph. 1. 2. From the demand prosecution of offenses provided for in Article. 25 may also occur the entities referred to in Article. 19 paragraph. 1. Chapter 5 Changes to the regulations in forceChapter 6final provisionsArt. 30.The Act of 2 August 1926. Unfair Competition(Journal of Laws of 1930. No. 56, item. 467).Art. 31.This Act shall come into force after six months from the date of publication, with the exception ofArt. 28, which shall enter into force on 1 January 1995.