The Supreme Court in its resolution of 25 February 1995 case file III CZP 12/95 held that the action of a broadcaster of TV or radio shows can be considered as the act of unfair competition if it meets the conditions laid down in article 3 of the Polish Act of 16 April 1993 on Combating Unfair Competition – CUC – (in Polish: ustawa o zwalczaniu nieuczciwej konkurencji), Journal of Laws (Dziennik Ustaw) No. 47, item 211, with subsequent amendments.

Article 3
1. 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 Court held that imitation of a radio programme may constitute the act of unfair competition under the above mentioned general clause. Such activities, contrary to the law or good practices can be deemed as the unnamed delict/tort if other conditions are also met, i.e. there is a threat or infringement of the interest of another entrepreneur or customer.

Categories: Art. 3(1) CUC | broadcasting law | Polish Act on Broadcasting | Polish Act on Combating Unfair Competition | Polish Supreme Court | unfair competition delict | unfair competition law | unnamed delict.