In today’s Rzeczpospolita daily, Dr. Michal Markiewicz writes about industrial design and community designs (design protection) and points out the key decisions from the perspective of an entrepreneur at the time of filing a design for protection and their impact on the protection granted. At the same time he presents, among other things: how the scope of the granted right should be examined, how the way of interpreting a design differs in the case of an unregistered Community design, why there are situations in which, despite having the right to register a design, it is worthwhile to construct claims also based on the right to an unregistered Community design. It is also important to remember that design can, under certain conditions, be protected by copyright in parallel, as well as through the tort of unfair competition. Link to publicly available excerpt from the article: https://pro.rp.pl/biznes/art41324541-wzor-przemyslowy-jak-odczytac-co-chronimy?

This time, Dr. Michal Markiewicz in Rzeczpospolita describes the REVOLUTION that the legislator introduced as part of the amendment to the copyright law (which came into force on September 20, 2024). It is about the possibility of challenging the remuneration against any contract of paid license or transfer of copyright. This issue was, so to speak, on the sidelines of previous discussions, which mainly focused on the issue of “streaming royalties.” The article points out: what is “fair and adequate” remuneration, when the creator is entitled to remuneration described in accordance with the above requirements, in what case the legislator introduces a presumption that the remuneration specified in the contract is “fair and adequate”, how the amendment to the law may affect the practice of concluding copyright contracts, whether this regulation also applies to employment contracts under which works are created. He also draws attention to changes in the bestseller clause, which aim to facilitate the possibility of taking advantage of it. So there are new business risks on the side of entrepreneurs using works! Link to publicly available excerpt from the article:https://pro.rp.pl/biznes/art41261471-uwaga-rewolucja-w-umowach-prawnoautorskich?