Trademark protection upon the provisions of Polish act on combating unfair competition
The act of unfair competition shall be understood as an action undertaken against the law or good practices if it threatens or infringes the interests of another entrepreneur or customer. As an example it can be misleading designation of goods provided by an entrepreneur. It can be inter alia illegal use of another’s trademark.
In case on revealing the act of unfair competition, entrepreneur whos interest was threatened or affected is entitled to request to:
- cease and desist of the malpractices,
- remove the effects of malpractices,
- make one or several statements,
- compensate the damages,
- return the benefits which were obtained by the breaching party by the unfair competition act,
- award the appropriate amount of money for a specific social purpose connected with the promotion of Polish culture or the protection of national heritage – if the act of unfair competition was culpable.
Burden of proof
In cases related to combating unfair competition, there is principle of reverse burden of proof. It means that the entity, which is accused of application of unfair practices, is obliged to prove that the trademark was used legally to release itself from civil responsibility.
Polish Act on combating unfair competition contains also several criminal provisions. The illegal use of trademark can be subjected to arrest or fine.
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