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EN
The article concerns the issue of the influence of great Polish scholar- Fryderyk Zoll (1865 – 1948) on the law of unfair competition in Poland and internationally. It covers the evolution of his views regarding the unfair competition from the end of 19th century. The analysis begins with the description of his work entitled “Unfair competition and its related symptoms from the position of private law” from the end of 19th century. Afterwards the Polish statute on combating unfair competition from year 1926, which has been created by Fryderyk Zoll, is analyzed. Next the article shows how the interpretation of the abovementioned statute changed after the 2nd World War. In the next part the influence of Fryderyk Zoll’s views on the Polish statute on combating unfair competition from year 1993 and on the Polish statute concerning unfair business-to-consumer commercial practices is described. The last part of the article concerns the influence of the views of Fryderyk Zoll on international law of unfair competition, namely on Paris Convention. The aim of this article is to show the impact of Fryderyk Zoll’s views on the Polish and international law of unfair competition.
EN
The article concerns the issue of unfair competition. It covers the analysis of the notion of competition in economics, the issue of unfair competition in international agreements and in some foreign laws (French, German, Austrian, Swiss, Swedish, British and United States of America). The aim of this article is to answer the question if the unification of unfair competition law has occurred and to analyze the common features of unfair competition law as well as the differences among them.
EN
The article concerns the issue of jurisdiction in cases of unfair competition. It covers the analysis of the grounds of jurisdiction of the Polish court in such cases. The following sources of law are described in the article: Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), international agreements in relation to which Poland is a party and the Polish Code of Civil Procedure. The analysis concerns the mutual relationship of the abovementioned sources of law as well as the meaning of the particular grounds of jurisdiction.
EN
The article concerns the issue of unfair competition in the Polish law. It covers the evolution of the regulation of unfair competition in Poland from 1st World War to present day. The analysis concerns the Polish national prescriptions as well as the EU law. In the part concerning the Polish national prescriptions the article covers not only the analysis of the act of combating the unfair competition and the act of unfair business-to-consumer commercial practices but also the Polish Constitution, intellectual property law, the act of protection of databases as well as the act of protection of competition and consumers. In the part concerning the EU law the analysis concerns the primary and the secondary EU law. The aim of this article is to show the actual state of the Polish law of unfair competition.
EN
The Case Study concerns the legal effects on the territory of Poland of an Austrian court decision on the establishment of a guardian for an adult person. The court case had been initiated before the Austrian court in the year 2013 and the decision in this case became final on 31 December 2013. The legal analysis concerns the sources of law that could possibly apply to the case. This leads to the conclusion that the Polish Code of Civil Procedure as introduced by the amendment of 2008 should apply to such a case. The analysis of the provision of the Polish Code of Civil Procedure leads to the conclusion that such a court decision should be recognized on the territory of Poland ipso iure. Therefore the guardian of an adult is authorized on Polish territory to deal with all the matters to which the authorization is given in the Austrian court decision.
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