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/1510455-Dlaczego-warto-chronic-wieloma-prawami-ten-sam-projekt.html
In today’s Rzeczpospolita, Dr. Michal Markiewicz writes about copyright law and the difficulty in defining the concept of a work, and therefore determining what copyright protects. The problem has been discussed for years, but there is a chance on the horizon that the Court of Justice of the EU, answering two preliminary questions addressed to it at the end of 2023, will answer how to examine the premise of “the author’s own intellectual creation.”
Among many specific issues, the CJEU will be able to answer the questions:
👉 Should only the result of a person’s work be examined, or also the creative process itself?
👉 When examining the creative choices made by the author, does the author’s subjective judgment as to the choices he made matter?
👉 Can circumstances related to the reception of the work affect the assessment of meeting the criteria for protection?
Publicly available excerpt from the article: https://archiwum.rp.pl/artykul/1509703-Czym-jest-utwor.html
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