Władysław Andrychiewicz’s views on the protection of the business name

Abstract

The most prominent lawyer involved in research on issues related to the protection of the business name within the Kingdom of Poland (1815–1915) was Władysław Andrychiewicz. In his views on the business name, Andrychiewicz clearly opposed the popular thesis at that time that the business name is a simple name of the enterprise. The scholar consistently tried to defend the thesis that the business name is a specific name, with which the entrepreneur (an individual, a partnership or a company) marks their existence on the market and all their commercial activity. Therefore the business name constituted a reflection of the merchant not as a person (a surname served this purpose), but as a trader. Moreover, the scholar has clearly explained how he understands and what it means to conduct the business under the specific merchant’s business name. Andrychiewicz was an advocate of the principle of the veracity of the business name, which consisted in unconditional compliance of the business name with the name of the entrepreneur running its business. This researcher, as well as the majority of the contemporary French doctrine opposed the practice of including in the business names the surnames of persons who in fact did not take part in the business activity, and whose only contribution was consenting to the use of their names. Such an action was considered to be contrary to law, morality, and the essence of the business name. According to Andrychiewicz, the business name was a certain type of legal good closely related to the existence and activity of the merchant, which made it a purely personal mark (right). It determined the inalienable nature of the business name. Therefore, the scholar was a strong opponent of the admissibility of selling the business name, both without the enterprise as well as together with the enterprise. The scholar has tried to implement his theoretical knowledge into the field of practice. He worked for the benefit of the amendments to regulations regarding the protection of the business name in force in the Kingdom of Poland. As a result, however, his efforts have been unsuccessful.