Przegląd Prawa Rolnego, 2017 Nr 2 (21)
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Browsing Przegląd Prawa Rolnego, 2017 Nr 2 (21) by Author "Kapała, Anna"
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Item Przeciwdziałanie nieuczciwym praktykom rynkowym w łańcuchu dostaw żywności w prawie włoskim(Wydawnictwo Naukowe UAM, 2017) Kapała, AnnaThe aim of the article is to familiarise Polish readers with the Italian regulations on counteracting unfair commercial practices in the food supply chain. Currently this issue is addressed by thhe Italian Law No 27/2012, which has been subject of doctrinal criticism, legislative changes and judicial decisions. There are still several issues that raise questions of interpretation, including the scope of its subject-matter or failure to comply with the written form which invalidates the contract and whether, in order to classify the practices as unlawful, it is necessary to determine the conditions of a “significant trade imbalance” and a “deliberate abuse” of a dominant position by a stronger party to the contractual relationship.Item Z prawnej problematyki wyróżniania produktów lokalnych(Wydawnictwo Naukowe UAM, 2017) Kapała, AnnaThe purpose of the discussion is an attempt to answer the question of whether the quality labels or designations regulated at the EU or domestic level can serve as an instrument for distinguishing local products. The analysis covered the collective European Union Trade Mark (EUTM) and selected Polish designations such as “Jakość Tradycja” ("Quality Tradition"), “Poznaj Dobrą Żywność”( "Know Good Food") as well as the List of Traditional Products. A EUTM, like the Protected Designation of Origin or a Protected Geographical Indication, may serve as a tool for distinguishing the geographical origin of food products if it consists of a designation specifying the place or geographical area of origin and when the rules of use of the common EUTM specify in which territory products should be produced. Polish quality marks "Know Good Food" and "Quality Tradition" do not indicate the place of manufacture of products. In order for them to play the role of an instrument for distinguishing local products, it is essential that producers include information on the origin of their products on a voluntary basis. On the other hand, products entered on the Traditional Products List, although they usually contain the place of manufacture in their name, are not marked with special designations, symbols or signs. Therefore, information on their distinction due to their regional origin characteristics is not communicated to consumers in the market.