Judgment of 09.04.2008 in case ref. no. V CSK 503/07, in which the Supreme Court reminded that it is not permissible to allege unlawfulness of facts and circumstances long accepted – venire contra factum proprium

Act of 16 April 1993 on combating unfair competition (Dz.U. z 2022 r. poz. 1233 as amended)

link to provision: https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU19930470211/U/D19930211Lj.pdf

Artykuł 3 Combating unfair competition
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:
1) misleading designation of the company;
2) false or deceitful indication of the geographical origin of products or services;
3) misleading indication of products or services;
4) infringement of the business secrecy;
5) inducing to dissolve or to not execute the agreement;
6) imitating products, slandering or dishonest praise, impeding access to the market;
7) bribery of a public office holder;
8) unfair or prohibited advertising;
9) organising a system of pyramid selling;
10) conducting or organising activities in a consortium system;
11) unreasonably extending the payment terms for supplied goods or rendered services;
12) operating online intermediary and search engine services within the meaning of Article 2(2) and (5) of Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users using online intermediary services (OJ L 186, 11.07.2019, p. 57), hereinafter referred to as ‘Regulation 2019/1150’, in breach of that Regulation.

Article 5 The company symbol
The designation of the undertaking in a way which may mislead customers in relation to its identity, due to the use of the trade name, name, emblem, letter abbreviation or another characteristic symbol already lawfully used to indicate another undertaking, shall be the act of unfair competition.

Artykuł 10 Designation of a product
1. Such indication of products or services or its lack, which may mislead customers in relation to the origin, quantity, quality, components, manufacturing process, usefulness, possible application, repair, maintenance and another significant features of products or services as well as concealing the risks connected with their use, shall be the act of unfair competition.
2. Releasing for free circulation products in the packing which may cause effects referred to in paragraph 1 above shall be the act of unfair competition, unless the use of such packing is justified by technical reasons.