There is no monopoly on Delicje biscuits

Opinion of Anna KORBELA, patent attorney (PL), legal counsel (PL), being a commentary to the Rzeczpospolita article published on 04.01.2008 titled: “There is no monopoly on Delicje biscuits”:

“At last, after many previous controversial decisions, both the Regional Court in Częstochowa and the Court of Appeal in Katowice have ruled that the unprecedented monopolisation by one company of the production of chocolate-covered jaffa cake biscuits with jelly is not acceptable. These courts confirmed that the biscuit, known worldwide and invented in the 1960s in the UK, often known as jaffa cake, cannot be the subject of anyone’s exclusive rights on Polish territory.”

The above opinion explaining that anyone is allowed to produce delicje biscuits was published in the daily newspaper Rzeczpospolita on exactly the same day (04.01.2008) in which, as a result of unfortunate rulings by Polish common courts, the owner of the confectionery enterprise Przedsiębiorstwo Przemysłu Cukierniczego TAGO Tadeusz Golebiewski was forced to issue an apology for having ‘dared’ to produce delicje biscuits that were manufactured and available worldwide.

“Przedsiębiorstwo Przemysłu Cukierniczego TAGO Tadeusz Gołębiewski, with registered office in Ciemne near Radzymin, declares that, by marketing round biscuits with a yellow-brown bottom and brown top containing a central convexity, labelled «Delicje Mazowieckie», «Delicante», and «fruktolicja», it has infringed the exclusive rights of LU Polska S. A., with its registered office in Warsaw, to the well-known trademarks, i.e. the 3D, representing a characteristic shape, and the word «Delicje», which is also a trademark registered in favour of LU Polska S.A. In addition, the actions of the Przedsiębiorstwo Przemysłu Cukierniczego TAGO Tadeusz Gołębiewski were contrary to the principles of fair competition and good practice (…).”