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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

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

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

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

GREENWASHING – what is it? “Environmentally friendly”, “Pro-environmental”, “Friend of nature”, “Climate neutral”, “Conscious”, “Responsible”…. Eco-friendliness claims can be misleading if they consist of vague and general statements about environmental benefits, without adequate justification of the benefits and without indicating the relevant aspect of the product to which the claim applies.

Preparing to file an industrial design application in Poland or the EU? Remember to be consistent in all the graphics you attach to your application! Even a minor difference (e.g., making visible a feature that is not included in the other graphics) may result in difficulties in the registration procedure, especially in the case of an EU application. ☑ [EU PROCEDURE]. In this case, in the EU procedure, the Office calls for: 👉 completely remove from the application graphics that are inconsistent with the other accompanying illustrations – which may result in the loss of significant visualization of the design or 👉 declare that the inconsistent graphic is an additional variation (variant) of the design – resulting in the payment of an additional fee. 🔹 Remember that once you have made a declaration, it is no longer possible to replace the graphic with another – you only have the two options indicated above. ☑ [NATIONAL PROCEDURE]. 👉 In the national procedure, the Office is likely to call for clarification of discrepancies between the illustrations or suggest registration of the inconsistent graphic as an additional design variation. 👉 In this case, it’s less severe than in the EU procedure, as up to 10 design variations can be filed in Poland without additional fees. 🔹 Inconsistencies between the attached graphics are not only additional work on the part of the applicant, but also prolong the registration process. 🔹 In the EU procedure, a properly filed design will be registered even in a few days. Any ambiguity, however, will lead to a protracted process.

Today in Rzeczpospolita, Dr. Michal Markiewicz writes about the image and the main problems related to it. What it is, how long it is protected, when you can disseminate someone else’s image and, above all, what dangers are associated with the permanence (revocability) of consent to disseminate an image. Publicly available excerpt from the article: https://archiwum.rp.pl/artykul/1499620-Problemy-z-wizerunkiem.html?fbclid=IwAR1cjWV2VWmnfsoV0BMk0akwuyqby1B9xj3KmCilZwJzcW5dNSxE2UhXZkY