News

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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06.06 2023

DR MICHAŁ MARKIEWICZ FOR RZECZPOSPOLITA – COMMONALITY OF TRADEMARK RIGHTS VS. LICENSE

In a recent article in Rzeczpospolita, Dr. Michal Markiewicz returns to the topic of his doctoral dissertation – “Management of a joint right, this time writing about the commonality of trademark rights in the context of a license agreement – more specifically, what law determines the rules of management of a European Union trademark right, what problems are associated with management of a joint right in the context of contracting with third parties, and how to avoid at least some of these problems. Publicly available excerpt from the article: https://archiwum.rp.pl/artykul/1496438-Wspolnosc-prawa-do-znaku-towarowego-a-licencja.html?fbclid=IwAR3O-NXDbkvGWoYhu9XPQ6FFaoM54q6I3kWG-cCRBDWF4wSdqI_Iby5WI1c

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05.07 2023

ARTICLE BY DR. MICHAEL MARKIEWICZ FOR RZECZPOSPOLITA “COMPUTER GAME AND COPYRIGHT”

This time in Rzeczpospolita Dr. Michal Markiewicz writes a few words about the legal and copyright protection of computer games. In particular, he draws attention to its peculiarity consisting in different regulation of the computer program and other elements of the game. Full text available to Rzeczpospolita subscribers: https://www.rp.pl/biznes/art38686651-gra-komputerowa-a-prawa-autorskie?fbclid=IwAR1IPmVqcj_1OvoNsQH6WwFFVGImlGyszTpriVGJQM-d0fLdED14qwzBvhg>

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29.08 2023

BY MODIFYING THE TRADEMARK YOU RISK LOSING THE RIGHT

In today’s Rzeczpospolita, Dr. Michal Markiewicz writes about the trademark and, more specifically, the impact of modifying it during use on the durability of the obtained right. So, does making changes to a sign expose the right holder to the risk of losing the right? As is usually the case with the law, the answer should be “it depends.” Well, from what, exactly? Publicly available excerpt from the article: https://archiwum.rp.pl/artykul/1501069-Modyfikujac-znak-towarowy-ryzykujesz-utrate-prawa.html

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31.08 2023

RANKING OF “RZECZPOSPOLITA” 2023 – MSM LAW FIRM IN THE TOP TEN BEST LAW FIRMS IN POLAND RECEIVING AWARDS: LAW FIRM LEADER IN 3 FIELDS, LAWYERS LEADERS IN 3 FIELDS.

In the 21st edition of the nationwide Ranking of Law Firms 2023 organized by Rzeczpospolita, the law firm Markiewicz Sroczynski Mioduszewski was among the top 10 law firms in Poland and received the following awards: Leader title in three areas: 👉 Intellectual Property Law; 👉 Competition and antitrust law; 👉 TMT (information technology, media, telecommunications). In addition, in the category of lawyers, the Field Leaders were: 👉 Prof. Ryszard Markiewicz – “Intellectual Property Law”; 👉 Attorney Jaroslaw Sroczynski – “Competition and antitrust law”; 👉 mec. Marcin Mioduszewski – “TMT (information technology, media, telecommunications)”. The ranking is created, among other things, on the basis of indications from other lawyers. Our sincere thanks to all who trusted us! More about the ranking on the Rzeczpospolita website: https://rankingi.rp.pl/rankingkancelarii/2023

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15.09 2023

NOVELTY – ONE PREMISE, DIFFERENT MEANINGS FOR DIFFERENT INTELLECTUAL PROPERTY RIGHTS

In today’s Rzeczpospolita, Dr. Michał Markiewicz writes about the meaning of the novelty premise for selected intellectual property rights. While it would seem that everyone knows perfectly well what “novelty” is, it turns out that the term can have a significantly different meaning for individual rights. There are also rights that do not condition their creation on the premise of novelty, which is simultaneously relevant to the scope of protection granted. 👉 Then what is “new” in intellectual property rights? https://archiwum.rp.pl/artykul/1494721-Metawersum-a-IP.html

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24.08 2023

THE CREATOR CAN ONLY BE A HUMAN BEING, NOT A SYSTEM

In today’s Rzeczpospolita, Dr. Michal Markiewicz provided commentary on an article by editor Nadia Senkowska on the interesting dispute over whether a film created entirely by artificial intelligence can be protected by copyright. The answer at this point seems uncontroversial, but it is worth being aware of the business implications of using artificial intelligence. “By the way, I hope that for a long time to come, artificial intelligence in the film industry will only be a tool in the hands of filmmakers (and thus films will still be protected by copyright). Maybe my imagination is lacking, but I can’t get over the vision that entire films (including their scripts and dialogues) on a, hitherto unimaginable, massive scale could be made without human input. Interestingly, in such a case, who would be able to verify and select the valuable ones from the thousands or millions of films created in a very short time by AI? Probably only artificial intelligence” Link to article: https://www.rp.pl/internet-i-prawo-autorskie/art38994821-tworca-moze-byc-tylko-czlowiek-a-nie-system

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