Zagadnienia prawne nieuczciwej konkurencji
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Date
1983
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Wydział Prawa i Administracji UAM
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Legal aspects of unfair competition
Abstract
Several problems of unfair competition are discussed in the article: a concept
of unfair competition in the doctrine of law, preventing it in the judicial
practice in capitalist countries and new tendencies in a developement of unfair
competition laws. The study is of a comparative character, i.e. laws of the
largest capitalist countries and at the same time, principal legal systems are analyzed
i.e. French, English and West German regulations, with due regard paid to
the systems of the United States, Austria, Switzerland, Sweden as well as of Poland
(on account of the pre-war act of 1926 on preventing unfair competition).
A phenomenon of unfair competition was closely related to economic developpement
of the age of early capitalism and fluorishing free competition, its concept
in the European doctrine of law had its roots in the protection of exclusive rights
falling within the scope of industrial property. In some legal systems the notion
of unfair competition was extended on the grounds of the adopted "right to
goodwill" (fr. achalandage), "right to competition" or principle of "fair commercial
practices".
Preventing unfair competition in a judicial practice is based either on general
principles of liability in torts (England, France) or on special laws designed to prevent unfair competition (Federal Republic of Germany). Judicial decisions are
of significant importance in forming principles of unfair competition prevention,
In the United States the concept of unfair competition which is understood to
be a tortious act is regulated by anti-trust law; it involves not only actions which
are contrary to fair business practices but also activities which can cause restraints
of competition.
In business practice, signs of unfair competition are not only prejudicing
interests of competitors or disturbing the principle of a full play of market forces,
but they also prejudice consummers' interests. This aspect of unfair competition is
more often noticed in a doctrine of law and in legislational and judicial activities.
Interpretation of notion of unfair competition itself developes into widening
its scope to include questions of consummer protection. At the same time the
tendencies are observed to control market activities in administrational and legal
way in order to protect consummers' interests.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 45, 1983, z. 3, s. 113-135