Convergence of Industrial Property Law standards and the Suppression of Unfair Competition Act

The subject of this article is to determine the mutual relations between the Industrial Property Law Act and the Suppression of Unfair Competition Act as well as particular standards and claims granted by these both acts.

It has been shown that the contrary subject of regulation and different aim of protection of Industrial Property Law Act and the Suppression of Unfair Competition Act cause that neither determination of relation of both entire acts, nor particular standards in terms of lex specialis – lex generalia, are justified. Cases of cumulative and alternative convergence of standards and the resulting claims have been characterised. Also cases of praxiological standards' contradictions in both actes have been described. It is visible especially in relation to the protection of registered and unregistered trademarks.

In final conclusions it was emphasized that the prohibitions anticipated in Suppression of Unfair Competition Act cannot replace the protection resulting from the regulations absolute rights (patent, trademark, industrial design, etc.) or cause the same protection and the same situations as Industrial Property Law Act. In addition, the accumulation of protection claims may not lead to the fact that the regulations of one of the acts come close to the regulation of the second act.

It is therefore both in terms of standards accumulation and a colision interpret always taking into account the assumption of legislator rationality and the presumption of regulations constitutionality, and to seek such an understanding of converging legal standards, that allow them to reconcile their existence in the system.

Joanna Dominowska
Państwo i Prawo, No. 9 (811), 2013