POLAND Law and Practice Contributed by: Szymon Gogulski, Marek Oleksyn and Damian Ludwiniak, Sołtysiński Kawecki & Szlęzak
• it does not take unfair advantage of the reputation of a trade mark, trade name or other distinguish - ing marks of a competitor or of the designation of origin of competing products; • it does not present goods or services as imitations or replicas of goods or services bearing a protect - ed trade mark or trade name; and • it does not create confusion among traders between the advertiser and a competitor or between the advertiser’s trade marks, trade names, other distinguishing marks, goods or services and those of a competitor. Comparative advertising relating to a special offer should, depending on its terms, clearly and unam - biguously indicate the expiry date of the offer, or state that the offer is valid until the stock of goods is exhausted or the services are discontinued. In cases where a special offer is not yet in effect, it should also indicate the date from which the special price or other specific terms of the offer will apply. 4.2 Competitor Copyrights and Trade Marks Advertisers are permitted to use the name of a com - petitor, a competitor’s trade mark or a competitor’s packaging in comparative advertising as long as such usage is not contrary to good practices and is made only for comparative information purposes and in accordance with the prerequisites set out in the UCL. Any reference to a competitor’s names, trade marks or packaging shall be made reliably and fairly, without discrediting or damaging the reputation of the com - petitor or its trade marks, with no intention to promote the advertiser’s own brand or to suggest a link with a competitor. 4.3 Challenging Comparative Claims Made by Competitors An advertiser may challenge comparative claims made by competitors by filing a legal action in a civil court. In such proceedings, the advertiser may demand: • cessation of the unfair advertising practice; • removal of the effects of such practice; • the making of a single statement or a series of statements (typically, press statements with con - tent determined by the court);
• redress of damage caused in accordance with general rules; • the recovery of unduly obtained benefits; or • deciding on products, their packaging, advertising materials and other objects directly related to unfair competition, including their destruction or crediting towards damages. The advertiser may also face a complaint being filed by its competitor before the AEC. If such a complaint is upheld, the advertiser may be obliged to amend the advertisement in such a way as to remedy the breach or to cease disseminating the advertisement. 4.4 Ambush Marketing There are no specific rules related directly to ambush marketing in Poland. Such activities would be assessed on a case-by-case basis as potential acts of unfair competition under the UCL, particularly in light of the principles of fair advertising. Depending on the context and the scope of the ambush marketer’s activity, the provisions of other laws may also apply, particularly in the fields of copy - right, industrial property or unfair market practices. 5. Social/Digital Media 5.1 Special Rules Applicable to Social Media General rules regarding advertising activity also apply to online advertising. Rules on internet advertising may be connected with or result from provisions that restrict or prohibit the advertising of certain goods or services (eg, alcohol, tobacco products, pharmaceutical products or gam - bling), or that restrict or prohibit advertising directed to selected groups, such as children. Moreover, as of 17 February 2024, Poland and other EU member states are covered by the Digital Services Act, which introduces new obligations for online plat - forms, hosting providers, and other intermediaries in the provision of content on the internet, regarding, inter alia, online advertising.
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