In Poland, as in other EU member states, comparative advertising
is permitted, subject to the rules provided under the Unfair
Competition Act. A comparative advertisement must meet eight
criteria in order to be considered compliant with honest trade
practices (and therefore allowed). A comparative advertising must:
not be misleading; compare (objectively and in a verifiable manner)
only the products and services fulfilling the same needs or
intended for the same purpose; compare one or more material,
characteristic, verifiable and typical features; not create
confusion in the market (as far as the compared products, trader or
trademarks are concerned); not disparage competitor's products,
distinguishing marks, trademarks, names or competitor's
business; in respect of products protected by a geographical name
of origin, relate to products bearing the same distinguishing
marks; not exploit the reputation of distinguishing marks of
the competitor in an unjustified manner;
