Login | Join Us | Contact Us | Search
 
 
 

 
 
  About Us   Press         Conferences   Members   Teams       Publications   Class 46     Position Papers   FAQs        Links     

Class 46 - for your European trade mark news
 

Now in its sixth year, Class 46  is dedicated to European trade mark law and practice.  This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
 
  SUNDAY, 4 JANUARY 2009
Poland: product's information in Polish

The Polish newspaper Rzeczpospolita reports recent judgment of the District Administrative Court in Warsaw act signature VI SA/Wa 2119/08 regarding products information and labelling. Polish company BIZ from Swiebodzice appealed the decision of the Trade Inspection ordering it to change information placed on products (tiles) that were imported form Spain where all descriptions were only available in Spanish. The company claimed that it presents its clients with all information needed in Polish language during sales. However, the Court ruled that according to article 3(1) and 6 of the Act of 27 July 2002 on specific terms and conditions of consumer sale and amendments to the Civil Code (in Polish: Ustawa o szczególnych warunkach sprzedazy konsumenckiej oraz o zmianie Kodeksu cywilnego Dziennik Ustaw no 141 pos. 1176):


1. The seller selling his products in the Republic of Poland shall provide clear, understandable, not misleading information in Polish, necessary for proper and full use of the consumer good sold. In particular, the following information shall be provided: name of the product, description of the manufacturer or importer and country of origin of the product, safety label and kite mark required by separate provisions, information whether the product is approved for general sale in the Republic of Poland, as well as, according to the type of the product, specification of energy consumption and other data mentioned in separate provisions.
(...)
6. The information or documents referred to in paragraphs 1 and 5, should be drawn up in the Polish language, or, if the type of information allows it, in a comprehensible form. The requirement to use the Polish language does not apply to names, trademarks, trade names, indications of origin and customarily used scientific and technical terminology.

the seller is explicitly required to provide information, sufficient for the proper and full use of the goods sold. Such information should be in Polish language or in a comprehensible graphic form and placing a substitute of product's information in the form of the European standards is not enough, because it will be only legible for oriented, but not the average consumers.

Posted by: Tomasz Rychlicki @ 18.59 
Tags: labelling, official languages., Poland, Polish courts,

 

   0 comments:    Post a comment

 
 

Search Class 46
Search:

Who we all are...

Birgit Clark
Edith Van den Eede
Fidel Porcuna
Frédéric Glaize
Gino Van Roeyen
Jeremy Phillips
Kathrin Vowinckel
Laetitia Lagarde
Mark Schweizer
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Pedro Malaquias
Robert Börner
Tomasz Rychlicki

Receive Class 46 by email
3355 readers now receive the Class 46 weblog by email circular. Why don't you?

To subscribe, just type your email address in the box below, then click the 'Subscribe' button.
email:

Receive Class 46 by RSS Feed
523 readers now receive the Class 46 weblog via an RSS reader.

Subscribe in a reader


The Class 46 archive


+ 2013
+ 2012
+ 2011
+ 2010
- 2009
     + December (44)
     + November (55)
     + October (49)
     + September (48)
     + August (39)
     + July (54)
     + June (54)
     + May (55)
     + April (54)
     + March (57)
     + February (48)
     - January (61)
German Federal Patent Court: "Die Drachenjäger"
ALDO S and ALDI are not similar
Bilateral treaty protects the name Retsina
Recent publication: la Revue des Marques
Forthcoming ECJ Opinion
Spain - "Mc" is not only for McDonald's.
Quiz: German fashion brands
Denmark: Supreme Court finds no LoC between MINIMAX and MINIMAL
France: decline in national trade marks filings for 2008
Germany: Valuation of brands
OHIM: official launch of new CTM e-filing on 2 February 2009
Prana Haus heads for ECJ ruling
Latest edition of "Alicante News": new e-filing system on its way
Textile name directive now recast
Car brands quiz
Values
Recent publications
BGH decides in "AdWord" cases
Denmark: Scope of protection of the trade mark TIVOLI
Recent CFI rulings
OHIM payments and bank charges -- again
L'Oréal v Bellure: date for AG's Opinion fixed
When OPTIMUM is sub-optimal
OHIM payments and bank charges
Bad news for Lithuanian cheese names
Germany: BGH "AdWord" decision coming soon
Logos
Spain – Delimiting the border between Trade Mark and Unfair Competition Laws.
Trade marks and the downturn seminar
Crazy Days
Poland: long way to confusion
3 million .eu domain names
Free-of-charge gifts and "genuine use": the ECJ speaks
7th annual CTM course coming soon
The company formerly known as Coke Cola Limited ...
Greece: Indirect rejection of the post-sale confusion doctrine?
Poland: angry about ads
Trade Mark application fuelling speculation on possible transfer of Cristiano Ronaldo
Successful East German brands
Poland: advertising of alcohol products
Germany: DPMA practice amendment in cases of insolvency proceedings against party in proceedings before the DPMA
Brands in Portugal: where 'old' is new
Italian court recognises "post sale confusion"
Poland: rock for all
Polish Pickenpack's problems
Poland: LA ESPANOLA
Establishment of a Factory
Agricultural Product Quality: MARQUES speaks out
OHIM User Satisfaction Survey coming up
Poland: is Hansa history?
Poland: protection of traditional nourishment
When 'Roma' can be deceptive
Austrian Patent Office: 'amended product range' for serv.ip
Poland: confusion around ARENDA
Poland: product's information in Polish
Poland: inspiration or plagiarism?
Spain – Selling wine under a fake Geographical Indication is an IP offence, but also a prosecutable fraud.
Marks consisting of initials
Will prosecco follow where Champagne led the way?
Recent publications
Two recent ECJ decisions
+ 2008
+ 2007

 
 

Terms of Use: The material included on this site is provided for information purposes only, and we make no representations or warranties as to its accuracy. It does not represent legal advice. Before relying on this material, you should take care to verify its accuracy, taking professional advice as appropriate. [Please click here for the full Terms and Conditions of Use]

Copyright ©2008-2013 MARQUES Ltd and Individual Contributors