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The impact of Directive 2005/29/EC on Polish law on combating unfair competition

by Jakub Kępiński (Author)
Monographs 358 Pages
Series: Ius, Lex et Res Publica, Volume 42

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Summary

Polish law on combating unfair competition is influenced by EU law. This influence is so significant that it requires a new and comprehensive look at Polish solutions. The aim of the conducted research was to analyse the problems encountered in Polish law in relation to the implementation of Directive 2005/29/EC on unfair commercial practices. This directive plays a key role for all considerations, as it introduced a new approach to the way of transposing the provisions on combating unfair competition. Unlike previous acts, the Directive adopted a maximum standard of harmonization and left Member States with little discretion in its implementation. This has led to numerous interpretative uncertainties also in relation to existing national provisions aimed at protecting fair competition. Finding a single solution for all Member States is a major challenge not only for the EU legislator, but even more for national legislators.

Details

Pages
358
ISBN (PDF)
9783631933497
ISBN (ePUB)
9783631940730
DOI
10.3726/b23050
Language
English
Publication date
2025 (August)
Keywords
Polish law on combating unfair competition Law against unfair competition Act on combatting unfair competition Act on counteracting unfair market prices Directive 2005/29/EC on unfair commercial practices EU law Harmonization
Published
Berlin, Bruxelles, Chennai, Lausanne, New York, Oxford, 2025. 358 pp., 3 tables.
Product Safety
Peter Lang Group AG

Biographical notes

Jakub Kępiński (Author)

Jakub Kępiński is a professor at the Faculty of Law and Administration at Adam Mickiewicz University in Poznań. His main area of research is intellectual property law, including the law on combating unfair competition. He teaches law to Polish and foreign students and has authored 2 monographs as well as over 100 publications.

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Title: The impact of Directive 2005/29/EC on Polish law on combating unfair competition