He is the advertisement of alcoholic drinks, according to the content of art. 2, public disseminating the signs of freight alcoholic drinks or graphic symbols
with them connected, and also names and the symbols graphic businessmen produce alcoholic drinks, not differing from names and the symbols of graphic alcoholic drinks, serving popularizing the signs of freight alcoholic drinks. He doesn’t consider himself only for the advertisement, according to the more far sound of the recipe, used information to trade aims among interesting enterprises oneself production, wholesale turn
and trade alcoholic drinks.
The promotion of alcoholic drinks is however defines as the public tasting of alcoholic drinks, distributes requisites connected with alcoholic drinks, the organization awarded a the prize sale of alcoholic drinks, and also different forms of public doing the shopping of alcoholic drinks to purchasing alcoholic drinks with the disconnection of competitions leanings.
One 13 ust. 1 law forbids advertisement and promotion on the area of the country of alcoholic drinks on the power of art., with except the beer, whose advertisement is permissible under the condition that he isn’t steered to juvenile or led through building with sexual attractiveness, relaxation or rest, sport, science , work or professional success, health or life success. Advertisement and the promotion of the beer 6.00 can’t be led near this on television, radio, cinema and theatre between the hour and 23.00. He can’t also be led on the cassettes of the video and different carriers, at the youth
and children press, on the covers of periodicals, and also on poles, boards, if different solid
and movable surfaces used to the advertisement and near the part of juvenile (writing „Machine” was recognized by the Court for the youth press for example, therefore one can’t there place the advertisement of the beer in the light of the law).
He is also forbid the advertisement and the promotion all products and services, whose name, freight sign, the similarity uses graphic shape or packaging or there is with the sign of the alcoholic drink or different symbol treating to alcoholic drink objectively.
13 ust. 4 law forbids from the railway of art. the advertisement and I’ll name the promotion of the enterprises and different legal persons who in their advertising picture use, freight sign, graphic shape or packaging connected with alcoholic drink, his manufacturer or distributor.
The advertisement can’t according be led through building with sexual attractiveness, relaxation or rest, sport, science , work or professional success, health or life success to the law. The understanding of the deadline „building” isn’t exactly definite. One can understand him as building any relationships with the beer and exchanged areas, as also as such advertising money transfer,
in which as the condition of sexual attractiveness or the beer the sport success is exchanged. Valid seems to be second interpretation.
Prohibition this in total now doesn’t switch off the possibility of showing in the advertisements of in the various symptoms of their activity people beer. Show the attractive person of beside the sign of the freight beer or leadership by her to the promotion itself can’t be recognized. The advertisement of which it would result that the definite person owed her attractiveness the beer to the drinking inadmissible would be. One can call the recipes of the European convention on the pop-art of this thesis about the television, the Poland is which the side , and directive of the Advice 89/552 / the EEC. Forbid the leaderships of the advertisement of alcoholic drinks in these recipes (art. 2 convention and art. 15 directive) unambiguously in the way, which suggests, that their consuming has the influence on carriage of social, etc successes these Prohibitions, what he visible is especially in the directive, there is now peaceable with the presented higher interpretation.
One is generally to show the people in advertisements equipped the freight signs of the beer in the various forms of their activity allowed, if he doesn’t result that successes bring back from money transfer this, because they drink the beer.
2 pkt 2 from the definition of the promotion were done the shopping of alcoholic drinks become competitions leanings in the light of art.. Leadership of such marketing activity so is permissible for manufacturers or distributors all without the except of alcoholic drinks, and now and the beer.
The difference requires between the organization “awarded a the prize sale of alcoholic drinks” (hugged the definition of the promotion) in relationship with the above mentioned detailed discussion and organization “competitions doing the shopping of alcoholic drinks”.