Competitiveness in public procurement:
Part 3. Description of the subject of the contract favoring a specific product or company. Can the description of the subject of the contract contain a trademark?
One of the manifestations of the principle of fair competition is the prohibition to describe the subject of the contract in a way that could hinder fair competition. This obstruction may consist in the indication of trademarks, patents or origin, source or specific process that characterizes the products or services provided by a particular contractor, if this could lead to favoring or eliminating certain contractors or products. However, the ban on using trademarks in the description of the subject of the contract is not absolute. The contracting authority may use a trademark in the description of the subject of the contract in a situation where the contracting authority cannot describe the subject of the contract in a sufficiently precise and understandable manner, and such an indication is accompanied by the words " or equivalent ".
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