Przegląd Prawa Rolnego, 2008 Nr 2 (4)

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Prawna ochrona terminów używanych do oznaczania produktów rolnictwa ekologicznego
(Wydawnictwo Naukowe UAM, 2008) Leśkiewicz, Katarzyna
In the paper, legal protection of terms used to indicate organic agriculture products is analysed in the light of two Council Regulations (EC) No 834/2007 and 889/2008, and two acts: on combating unfair competition and combating unfair market practices. An attempt to determine whether the legislator has sufficiently provided for such protection is also made. In conclusion it is stated that although fair information on organic products is legally provided for, the protection of the terms used in the marking of those products varies. Community Regulations do not precise the "irregularities, or infringements' of the manner in which that information is to be provided. This, in turn, may lead to different interpretations of the same law, and may consequently result in unequal treatment of producers throughout the Community. Polish regulations have been found to sufficiently cater for the provision of information and the terms used to mark organic products. The existing regulations could, nevertheless, be still more effective if they contained a separate list of examples of unfair competition (i.e. infringements of the principles of providing information on organic products).