News

26.09 2023

DR MICHAŁ MARKIEWICZ FOR RZECZPOSPOLITA – COPYRIGHT ISN’T EVERYTHING – WHAT DO WE PROTECT IN MUSIC?

This time in Rzeczpospolita, Dr. Michal Markiewicz writes about music, more specifically, song and its special protection. Why is it special? Well, it is an example of an intellectual good that is protected by at least several independent rights that may arise in favor of different entities. Legal exploitation of a song, as a rule, requires obtaining consent against each of the rights that arise (except, of course, for the exceptions provided for in fair use provisions, such as the right of quotation). In addition to pointing out the rights that arise, the text describes, among other things, what mechanisms are in place to facilitate the conclusion of the relevant agreements and how to “circumvent” the protection provided by related rights. Publicly available excerpt from the article: https://archiwum.rp.pl/artykul/1502661-Prawa-autorskie-to-nie-wszystko-Co-chronimy-w-muzyce.html

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15.09 2023

NOMINATION IN GCR 100 2024 RANKING!

NOMINATION IN GCR 100 2024 RANKING! MSM Law Firm has again been recommended by Global Competition Review among the world’s 100 competition law practices 🏆 ➡️ More about GCR: https://globalcompetitionreview.com/survey/gcr-100/20th-edition

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01.02 2023

PROF. MARKIEWICZ: INTERNET EXPLOITATION REMUNERATION LAW ECONOMICALLY RISKY – WHY PROTECT THE SAME PROJECT WITH MULTIPLE RIGHTS?

In the second part of the text on the law.pl portal, about the bad Polish draft transposition of Directive 2019/790 on equitable remuneration, Prof. Ryszard Markiewicz confronts the special privileging of creators of streaming works on the Internet with their full “oblivion” in the rest. “5 minutes about IPR” is a joint initiative of Markiewicz & Sroczynski GP and Wolters Kluwer Polska, entirely devoted to issues related to intellectual property law (i.e.: copyright, industrial property and combating unfair competition). The “5 minutes about IPR” texts will appear at least twice a month. The premise here is to take you 5 minutes to pay attention to something we are passionate about and you will be interested in. The articles will therefore be short, clear and, if possible, also “illustrated”. We would like “5 Minutes on IPR” to become a source of knowledge about important changes and rulings, an inspiration for discussion, and a source of new, including controversial, interpretive ideas. Above all, however, we hope that it will be simply interesting. Publicly available excerpt from the article: https://www.prawo.pl/biznes/wynagrodzenia-tworcow-audiwizualnych,519425.html?fbclid=IwAR00nzopFT0-xl8KF7m73G1pDASoSRorJBjbizzaWPJiyYIWllrDKV-mY2s

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23.02 2024

DR MICHAŁ MARKIEWICZ FOR RZECZPOSPOLITA – ‘LINKING’ WHETHER AN ENTREPRENEUR IS SAFE ONLINE?

In today’s issue of Rzeczpospolita, Dr. Michal Markiewicz points out the problem of distributing works on the Internet, in particular focusing on the controversial case law of the EU Court of Justice on linking. What are the dangers of “sharing” content on social networks? We invite you to read the latest text. Publicly available excerpt from the article: https://www.rp.pl/biznes/art37947551-linkowanie-czy-przedsiebiorca-jest-bezpieczny-w-internecie?fbclid=IwAR3vKE4JZ9dWsOCDgFmzHGAZmPVdJ3Il1XweMBEIXYgERwqETirtrykIq7Y

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28.02 2023

DR MICHAŁ MARKIEWICZ FOR RZECZPOSPOLITA – EU LAW AND ITS IMPACT ON NATIONAL SETTLEMENTS

In today’s Rzeczpospolita, Dr. Michal Markiewicz writes about the importance of the rulings of the Court of Justice of the European Union and the General Court (General Court) for the application of law, particularly domestic law. We invite you to read it. Publicly available excerpt from the article: https://archiwum.rp.pl/artykul/1490538-Unijne-prawo-i-jego-wplyw-na-krajowe-rozstrzygniecia.html?fbclid=IwAR2b3bwAVFK1ctTSMAY_hodmfley_6NNZcdcsJB0u3kf8molkZagiKGWFkA

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25.04 2023

DR MICHAŁ MARKIEWICZ FOR RZECZPOSPOLITA – AI VS. COPYRIGHT – IS THE GENERATED CONTENT PROTECTED?

Dr. Michal Markiewicz in a recent article in Rzeczpospolita: “I was also tempted to discuss ChatGPT. Will it replace lawyers? Probably not yet, but with some of his observations I agree. 😉” In addition to the above observation, we present the current state of the law in relation to the legal and copyright status of generated content – but the question remains open: “what awaits us in the future”? Publicly available excerpt from the article: https://archiwum.rp.pl/artykul/1493962-AI-a-prawo-autorskie.html?fbclid=IwAR0wTABF-cdbG-jjg2EqUr2Y4pYC96RRjCjs30Ja4687JAlYVRoq51i_RZU

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23.05 2023

DR MICHAŁ MARKIEWICZ FOR RZECZPOSPOLITA – TRADEMARK VS COPYRIGHT

This time in Rzeczpospolita, Dr. Michal Markiewicz presents the issue of cumulation of IP protection from the perspective of a single product, the protection of which entrepreneurs can expand by obtaining multiple rights whose “direction” of protection differs. Thus, we can, among other things, protect specific details of a design or the overall impression it creates, protect against the risk of association by the average viewer, or the use of a new technical achievement. In the text, Dr. Markiewicz writes why it is worthwhile to seek additional protection of an important project for the entrepreneur. He also points out the systemic dangers of failing to standardize exceptions and limitations to exclusive rights – an example of which is the recent and widely commented ruling of the Court of Justice of the EU in the Audi C-344/22 case. Publicly available excerpt from the article: https://archiwum.rp.pl/artykul/1495531-Znak-towarowy-a-prawo-autorskie.html?fbclid=IwAR2ZCVRjBU3NbbDrv38xfqkZnwgqCfZmM7OHtZKLjQTpCAhxilaacQcANPk

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