Slavish copying is a concept of competition law and a very effective means of combating unfair competition.

It is usually implemented in cases where the proprietor does not have a registered trademark or design, or when the infringing act is carried out indirectly, in such a way that the implementation of the concept of direct infringement of industrial property rights (above all, trademark infringement) is not possible in the case.

In the case of slavish copying, the competitor places on the market or advertises his own products or services with such distinctive appearance, packaging or marking, by which the consumer normally recognizes our company or our goods and/or services.

In these cases, the problem is not the “direct” copying of the name or the image, logo or trademark displayed on the product or service, but the creation of the consumer’s overall impression of the product or service that evokes our product or service in the mind of the consumer.

Such cases are most common in relation to goods, especially goods of the food industry, where the distinctive appearance of the goods and its packaging plays a very important role in the consumer’s decision-making and creating an overall impression on the consumer.

The burden of proof is very substantial for anyone wishing to take action against such an activity of a competitor, that is for the injured party, since the injured party has to prove the existence of all elements of law (i.e. the fact that the infringement occurred), which is sometimes difficult, in particular with respect to the consumer’s recognition (misunderstanding).