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Member State:
Poland
Title:
Product placement as an unfair commercial practice
Subtitle:
Type:
URL:
Author:
D. CHOJNACKA - DZIEDZIC
Reference:
http://www.e-radcaprawny.org/eshop,1,3,3,479,szczegoly,komis,0,1,2.html
Publication Year:
2010
Keywords:
misleading advertising, misleading omissions, product placement, trade mark
Directive Articles
Unfair Commercial Practices Directive,
Chapter 2, Section 1, Article 7, 1.
Unfair Commercial Practices Directive,
Annex I, 11.
Headnote
This article discusses the problem of product placement and the possibility of qualifying such a practice as an unfair commercial practice. The author describes situations in which, pursuant to the Prevention of the Unfair Commercial Practices Act, product placement may qualify as an unfair commercial practice. Product placement may violate the provisions of the Prevention of the Unfair Commercial Practices Act on surreptitious advertising, as well as the provisions on misleading omissions. The author criticises the negligence of the Polish legislator in the implementation of the unfair practice stated in the Art. 7 sec. 22 of the Act, by using terms which may cause interpretative doubts.
General Note
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