Problemy ogólne nowej ustawy o zwalczaniu nieuczciwej konkurencji

Abstract

The article deals with some questions of general character raised by the Law. First, the author comes to the conclusion that the Law cannot be principally considered as "lex generalis" in relation to trademark or copyight law. The "lex generalis - lex specialis" relation may only be established with regard to particular norms contained in the respective regulations. The second point is the relation between the general clause of unfair competition (Art. 3) and its specific torts. The author indicates that the general clause may be used to cover cases not provided for by specific provisions, or to correct such provisions if drawn too broadly, or to exclude claims based on the specific provisions, but not justified under the general clause. Finally, the author considers that there is no reason to construct an exclusive subjective right to enterprise as a theoretical basis for unfair competition claims.