29.10.2015
ADVERTISING & EVENTS
OCCP provides new guidelines on amicable decisions
What is an amicable decision and what does it do? The President of the Office of Competition and Consumer Protection may issue an „amicable decision” to entrepreneurs in cases related to anti-competitive practices (Article 12 of The Protection of Competition and Consumers Act) and those practices infringing upon collective consumer interests (Article 28) ending such disputes in an amiable manner. When is an amicable [...]
29.09.2015
ADVERTISING & EVENTS
The Chief Pharmaceutical Inspector’s prescription for pharmaceutical advertising compliance with the law — 6 decisions advertisers should be aware of!
Since 2006 the Chief Pharmaceutical Inspector (CPI) has issued more than 300 decisions ordering an immediate discontinuance of broadcasting of unlawful medicinal products’ advertising. Such interventions were predominantly caused by misleading the target audience as to the effects and characteristics of advertised medicinal products. Though some of them are controversial, each decision constitutes invaluable guidance [...]
02.09.2015
ADVERTISING & EVENTS
Are you advertising medicinal products — and don't even know about it?
Advertising certain categories of goods in accordance with the law is not easy. There are many specific legal requirements that such advertising has to comply with. Worse, the prohibitive provisions of the Polish advertising law contains many general and ambiguous terms. Their meaning is left to state authorities — authorized to apply such provisions — [...]
24.07.2015
ADVERTISING & EVENTS
External advertising saga continued – what does the “Landscaping Act” change”?
We have already posted on the IPBLOG how to legally advertise in the outdoors. That post was inspired by the legislative works, then in progress, on the Landscaping Act draft. The Act was signed by the President of the Republic of Poland in May, and will come into force on September 10, 2015. For this [...]
14.07.2015
ADVERTISING & EVENTS
In the depths of gambling: is every game a game of chance?
The court in Szczecin has recently issued a judgment in the broadly publicized case of poker players. In 2011, a group of acquaintances met in a rented restaurant to play an informal poker tournament in order to celebrate the organizer’s birthday. The participants were detained by the Central Bureau of Investigation – under the Polish [...]
14.07.2015
ADVERTISING & EVENTS
Are three months one year? Intervention by the President of the Office of Competition and Consumer Protection in the case of free software
The publisher of PC Format may have misled consumers as to the rules regarding the use of anti-virus software distributed with its magazine. The President of the Office of Competition and Consumer Protection (UOKiK) reached this conclusion in decision no. RWA-3/2015 of June 19, 2015. The proceedings against Wydawnictwo Bauer – the publisher of PC [...]
07.07.2015
ADVERTISING & EVENTS
Communication with the Office of Competition and Consumer Protection prior to and during the proceedings
In order to meet the expectations of the market and to fully implement the elementary rules of administrative procedure, the Office of Competition and Consumer Protection (“UOKiK”) has provided a number of facilities for entrepreneurs who are or will be a party to proceedings before the President of UOKiK in the scope of communication with [...]
10.06.2015
ADVERTISING & EVENTS
Can tea have the flavor of vanilla? – The Court of Justice of the EU examines
An average, adequately informed and sufficiently careful and reasonable consumer may find it sometimes quite difficult to tell what exactly it is that he/she puts in his/her shopping basket. The situation is no different in the case of a “fruit” tea named “Felix – raspberry and vanilla adventure”, made by the Teekanne company, whose packaging is [...]
18.05.2015
ADVERTISING & EVENTS
Lady without an ermine, but on Facebook. About the use of classic works of art in advertising
“I’m already late and my nail polish still isn't dry”, „”Welcome to my Instagram”, “Shall I eat or post on FB […]”…; these and some other slogans “complement” works of art in the advertising campaign celebrating the 400th anniversary of the Grolsch brand. Slogans – reminiscent of memes – comment on scenes depicted from the [...]
25.04.2015
ADVERTISING & EVENTS
Legal rules on outdoor advertising
In the second half of March 2015 the lower house of the Polish Parliament adopted an Act cryptically named: “Act on changes of certain laws in connection with enhancing landscape protection measures”. This complicated name was shortened in the media to a few graceful words – the Landscaping Act draft. Despite the fact that the [...]
08.04.2015
ADVERTISING & EVENTS
Severe headache of the Chief Pharmaceutical Inspector
As it has been demonstrated in practice, legal errors in advertising can happen to the best of us. Recently, it was Johnson & Johnson that experienced this first hand. Yesterday, the company “Johnson & Johnson Poland” stopped advertising a medicinal product named “Sudafed” promoted by the following slogan: “condition of head cold” or “quick relief [...]
26.03.2015
ADVERTISING & EVENTS
Unsolicited commercial information following consumer law amendment
On December 25, 2014 the Consumer Rights Act of May 30, 2014, intended to increase the scope of consumer interest protection, entered into force. Its enactment was accompanied by concern about the legality of sending inquiries for consent towards being sent commercial information, which was previously a common practice. This issue was previously covered by [...]
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