Unfair Competition & Compliance Law Portal
By Wioletta Gwizdała
Posted: 4th November 2014 09:19
The Unfair Competition & Compliance Law Portal, launched on 1 October 2014, is devoted to law concerning combating unfair competition.
This international project is an effect of cooperation of partner law offices from Poland, Germany and France. One of the founders is law office RGW Rocławski Graczyk i Wspólnicy Adwokacka Spółka Jawna with its seat in Warsaw, which, together with law offices RGW Rocławski Rechtsanwälte in Berlin, Ziegenfeuter Gätjens Saber Sociétés d’avocats in Paris and Schleifenbaum & Adler GbR in Siegen, shares the knowledge and experience of its experts and creates a platform to exchange information and essential know how.
The Magazine Staff consists of experts with many years of experience. The position of editor-in-chief is held by Piotr R. Graczyk, whereas Wojciech Cieślak, doctor of law and professor of University of Gdańsk, holds position of vice editor-in-chief.
The complex presentation of issues regarding law of combating unfair competition is a distinctive feature of UCLP Portal – information concerning legal systems of Poland, Germany and France are gathered on one website.
It is of note, that all materials published in UCLP Portal are available in four different language versions – Polish, English, German and French. This gives readers an opportunity to familiarise themselves with legal regulations binding in other countries in his native language. It may be especially important for entrepreneurs, who conduct their business abroad or who maintain business relationships with foreign contractors.
UCLP Portal consists of two main sections. The first one – “Combating Unfair Competition” contains studies regarding sources of law concerning combating unfair competition, types of behaviour, which constitute acts of unfair competition as well as civil and criminal sanctions for committing such acts. This section is also devoted to studies about law concerning protection against unfair business practices.
Nowadays, in the era of globalisation, it is significant for every entrepreneur to know and understand regulations constituting the acts of unfair competition not only in his motherland but also in other countries, in which he conducts his economic activity. Firstly, such knowledge may be used in order to avoid committing such acts and to recognise the risks bound with them such as specific civil and criminal sanctions. Secondly, knowledge about unfair competition law enables an entrepreneur to know whether his economic interest has been jeopardized and if so, find the solution to protect it.
One of the major challenges involved in carrying out business activity is to ensure compliance of the action taken with a variety of legal regulations applicable to a given type or object of such activity. In order to face the challenge, the so called compliance policy is developed and implemented which is aimed at reducing the risk of an entrepreneur’s liability in case the laws are violated.
Irrespective of the size of an enterprise, every entrepreneur should assess the risks involved in his activities, set out internal guidelines and rules and acquaint his employees therewith.
Therefore, the aim of the second section - “Compliance” is to familiarise readers with basic information about particular branches of both substantive and procedural law in Poland, Germany and France. On the subpage “Consultancy” readers may find materials regarding principles of commerce law, contract law, labour law and intellectual property law. Subpage “Litigation” contains essential information about organisation of courts and legal professions, which exist in particular countries as well as information concerning procedural issues related to pursuing one’s rights in civil, criminal and administrative courts. Such technical information is very important, especially when they concern legal systems of foreign countries in which an entrepreneur conducts his economic activity.
Sole legal rules are not always enough to understand specific, often complicated, regulations concerning compliance policy and unfair competition law. Jurisprudence of national courts as well as of the Court of Justice of the European Union, has tremendous impact on both understanding an applying specific legal regulations.
Consequently, UCLP Portal gives an opportunity to acquaint with interesting examples of judgments of Polish, German and French courts concerning combating unfair. Abstract cases, based on frequent real cases, are also available to readers. These cases are a starting point for experts of cooperating law offices to present possible solutions and claims, which can be made in specific situations.
Unfair Competition & Compliance Law Portal combines tradition and progress by providing users with professional studies and analyses as well as current news enriched with modern media such as video comments.
The UCLP Portal is dedicated to entrepreneurs who, within the scope of conducting business or company management, can face behavior, which constitute acts of unfair competition as well as other people who are interested in this matter. Information which is published on UCLP Portal will certainly be useful for practitioners as well as theorists of law.
Wioletta Gwizdała is a member of the Bar Association in Warsaw. She graduated with very good results in law at the Law and Administration Faculty of the Cardinal Stefan Wyszyński University in Warsaw.
Mrs. Gwizdala has been with RGW Law Office since 2007. She has long-standing experience of broadly understood economic law, in particular economic criminal law, and takes an active part in projects involving acts of unfair competition. Mrs Gwizdala represents highly specialised companies in penal proceedings in cases involving combat against unfair competition. She leads the legal trainings for entrepreneurs. She specialises in civil law consultancy and broadly understood legal aid to entrepreneurs.