Fighting unfair competition

Unfair competition is a broad term that includes, for example, copying a product, bribing someone else’s employee to steal know-how, as well as fraudulent advertising.

Protection against unfair competition is most effective when the focus is on preventing problems in the future. A well-prepared contract (containing provisions restricting competition, protecting company secrets and prohibiting employee stealing, and additionally secured by a contractual penalty) significantly reduces the risk of disputes in the future.

JWMS drafts and negotiates agreements for clients concerning competition protection and has extensive international experience in this area.

When required – we also handle unfair competition disputes for clients.  Within the scope of our fighting unfair competition practice:

  • we create and negotiate business contracts (between our clients and their contractors),
  • we draft and negotiate employment and civil law contracts (between our clients and their staff members) – including with regard to provisions on business secrecy, non-competition and non-acquisition of staff,
  • we obtain security for our clients for prohibition claims (such as a ban on the sale of certain products) and assist in their enforcement, as well as fight such security measures issued against our clients,
  • we represent clients before the Office of Competition and Consumer Protection and other authorities and courts,
  • we represent clients in criminal cases related to unfair competition before the public prosecutor’s office and criminal courts.