Polish law

  • The scope of standardization of the protection of national colors in the Polish law, the Italian law and the Community legislation

    Author: Radosław Zych
    E-mail: radzy84@o2.pl
    Institution: Uniwersytet Szczeciński
    Year of publication: 2018
    Source: Show
    Pages: 127-152
    DOI Address: https://doi.org/10.15804/ppk.2018.01.07
    PDF: ppk/41/ppk4107.pdf

    In the face of the European integration, the legal protection of national symbols enjoys momentous significance. The present turbulent times and numerous conflicts, the etiology of which is – e.g. social or political in nature – require an attempt to make a scientific overview of the situation. In this article I will examine the scope of standardization of the protection of national colors in the Polish law, the Italian law and the Community legislation. The study takes into account the historical and contemporary judicial decisions. I will try to answer the question whether the scope of protection of the Community colors in the Polish law is sufficient? The analysis of the examined normative acts has led me to the conclusion that the Polish legislator, after the restoration of independent statehood, attached a great importance to the normative grounds ensuring protection of colors of the national symbols. The Italian constitutional adjustment, compared to the Polish one in the scope of the national colors, is very sparse. Aside from the Community rules, each member state – as a result of historical development – has developed its own model of protection. The colors of the European Union are not expressly protected under the Polish normative regulations. However, de lege ferenda, I reckon that for the interests of legal certainty, the legal status in this field should be amended and relevant norms should be laid down.

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