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COMBATING UNFAIR COMPETITION
WHAT ARE THE ACTS OF UNFAIR COMPETITION?
An act of unfair competition is an act that is against the law or decency, if it violates or threatens the interests of another entrepreneur. The Act on Combating Unfair Competition introduces a catalog of examples of acts which are considered unlawful, such as misleading consumers as to the identity of the company or its goods and services by using certain trademarks, copying the external form of the product or obstructing access to the market. However, the catalog of acts of unfair competition is open, so any behavior that meets the conditions set out in this act may justify a lawsuit.
WHAT CAN YOU DEMAND IN CASES OF UNFAIR COMPETITION?
The specificity of cases in the field of combating unfair competition allows a wide range of claims to be filed against the infringing entrepreneur. In particular, it is possible to demand:
• abandonment of unlawfull activities;
• removing the effects of unlawfull activities;
• submitting a declaration of appropriate content and form;
• compensation for the damage caused;
• return of unjustified benefits;
• an appropriate amount of money for a specific social cause.
DO YOU NEED AN ATTORNEY TO ACT BEFORE COURT?
In cases of combating unfair competition, there is an obligation to be represented in proceedings by an attorney at law or patent attorney, if the value of the subject of the dispute exceeds 20,000 zloty.
WHAT SERVICES DOES THE ATTORNEY AT LAW AND PATENT ATTORNEY PROVIDE?
Our law firm priovides following services in matters of combating acts of unfair competition:
• drafting letters to cease acts of unfair competition;
• drafting a lawsuit;
• representation before courts;
• negotating agreements on behalf of a client;
• preparing written legal advise.
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