Unfair competition

Acts of unfair competition are governed by national legislation. Subjects capable of committing such acts are generally individuals or entities engaged in economic activity, service or business. In matters regulated by individual labour law employees, acting on their own behalf may behave in such a way that their action or inaction may be regarded as an act of unfair competition. According to Polish legislation, the Act of April 16, 1993 on Unfair Competition, states that an employee may commit acts of unfair competition, passing, disclosing or using someone else's trade secrets (Article 11 of the Unfair Competition Act), urging other workers to non-performance or improper performance of work duties (Article 12 of the Act) or disseminating false or misleading information about their employer (Article 14 of the Act). Assessing whether the acts committed by an employee may be treated as acts of unfair competition and assessing the legal consequences of acts committed in individual employment relationships involving an international element, are dealt with in Article 6 of Regulation No. 864/2007, which lists the determinants indicating the relevant national substantive labour law system of the country in which the unfair competition occurred, or there is likelihood the breach will occur. In matters relating to the regulation of the conflict rules of substantive laws, applicable to cases of unfair competition, the general principle expressed in Article 4, paragraph 1 of Regulation No. 864/2007 applies, reproduced in Article 6, paragraph 1 of the said Regulation.