Litigation department

Combating unfair competition

The very term “acts of unfair competition” is used to indicate illegal actions or actions that defy good practice and infringe or at least pose a threat of infringement to the rights of entrepreneurs as well as their customers.

The catalogue of such actions is stipulated in the Polish law quite extensively, but there are a few most significant ones that should be singled out. These are misleading trade name, false or fraudulent geographical origin designation of goods or services, misleading designation of goods or services, breach of trade secrecy, imitation of products, imputation and unfair praise as well as hindering access to the market.

CGO Legal law firm supports entrepreneurs in combating unfair competition. In the first place, through conducting a thorough analysis of the factual and legal circumstances, we determine whether the prerequisites for a claim in furtherance of an act of unfair competition have been actually met. Having this confirmed, we handle pre-litigation as well as court proceedings on behalf of those entrepreneurs whose interests have been infringed or threatened.

Below are the statutory claims associated with the situation described above:

  • claim for seizing the prohibited actions
  • claim for removing the effects of the prohibited actions
  • claim for making a single or multiple declaration of appropriate form and substance
  • claim for remedying the damage incurred (in accordance with general principles of law)
  • claim for handing-over the benefits obtained (in accordance with general principles of law)
  • claim for adjudging an amount to be paid for a specific social purpose associated to support of Polish culture or protection of national heritage – only if the defendant was at fault of the act of unfair competition.

Many years of experience in providing legal services to entrepreneurs allow us to represent also the entities that happen to commit acts of unfair competition.

Click HERE to learn more about competition and consument protection.