Polish IP & IT law » Art. 13 CUC

Archive for: Art. 13 CUC

Unfair competition, case I ACa 900/99

September 11th, 2005, Tomasz Rychlicki

The Appellate Court in Katowice in its judgment of 29 March 2000 case file I ACa 900/99, interpreted provisions of article 13 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 later amendments.

Article 13.
1. Imitating a finished product by way of technical means of reproduction, to copy an external image of such product where it may mislead customers as to the identity of the producer or product, shall be the act of unfair competition.
2. Imitating functional features of a product, in particular its make, structure and form ensuring its usefulness shall not be deemed the act of unfair competition. Where the imitation of functional features of a finished product requires including its characteristic form, which may mislead customers as to the producer or product identity, the imitator is under obligation to adequately mark the product.

The Court held that according to the intention of the legislator, the delicts/torts defined in article 13 of the CUC concern not imitation, in general, but only the so-called “slavish imitation” (also referred to as look-alikes, knock-offs or parasitic copying), which is based on copying the external appearance of a product by technical means of reproduction and it creates the likelihood of customer confusion as to the identity of the manufacturer or a product.

Database protection, case II CK 174/02

August 17th, 2005, Tomasz Rychlicki

The Supreme Court in a judgment of 7 January 2004, case file II CK 174/02, held that the acquisition of an electronic database and selling it to customers under a different name is an act of unfair competition as defined in articles 3 and 13 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 later 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.
2. The acts of unfair competition shall be in particular: misleading designation of the company, false or deceitful indication of the geographical origin of products or services, misleading indication of products or services, infringement of the business secrecy, inducing to dissolve or to not execute the agreement, imitating products, slandering or dishonest praise, impeding access to the market and unfair or prohibited advertising and organising a system of pyramid selling.
(…)
Article 13.
1. Imitating a finished product by way of technical means of reproduction, to copy an external image of such product where it may mislead customers as to the identity of the producer or product, shall be the act of unfair competition.
2. Imitating functional features of a product, in particular its make, structure and form ensuring its usefulness shall not be deemed the act of unfair competition. Where the imitation of functional features of a finished product requires including its characteristic form, which may mislead customers as to the producer or product identity, the imitator is under obligation to adequately mark the product.

In 2001, the Republic of Poland has introduced to its legal system the Act on Protection of Databases – APD – (in Polish: Ustawa o ochronie baz danych) of 27 July 2001, Journal of Laws (Dziennik Ustaw) No. 128, item 1402 with later amendments.

Unfair competition, case I ACa 147/99

August 10th, 2005, Tomasz Rychlicki

The Appellate Court in Lublin in a judgment of 27 May 1999, case file I ACa 147/99 ruled that the term “competitive activity” shall mean all actions taken in connection with participation in the market gambling, consisting in achieving maximum benefit from the sale of goods. The court also clarified the provisions of article 13 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 later amendments.

Article 13.
1. Imitating a finished product by way of technical means of reproduction, to copy an external image of such product where it may mislead customers as to the identity of the producer or product, shall be the act of unfair competition.
2. Imitating functional features of a product, in particular its make, structure and form ensuring its usefulness shall not be deemed the act of unfair competition. Where the imitation of functional features of a finished product requires including its characteristic form, which may mislead customers as to the producer or product identity, the imitator is under obligation to adequately mark the product.

The Court held that according to article 13 of the CUC, it is the important, that the copied outer form of the product creates the likelihood of customer confusion as to the identity of the manufacturer or a product. This situation appears only when the product becomes a commodity, that goes on the market and it’s exposed for sale to buyers.