News

Today’s issue of Rzeczpospolita features an interview with Dr. Michal Markiewicz by editor Nadia Senkowska on issues of generative artificial intelligence, and more specifically, the problem of liability from “training” algorithms with copyrighted works. The conversation was inspired by a lawsuit that was brought against OpenAI (the entity responsible for ChatGPT). Publicly available excerpt from the article: https://www.rp.pl/internet-i-prawo-autorskie/art38728411-trening-sztucznej-inteligencji-co-z-prawami-tworcow-dziel-na-ktorych-cwiczy?fbclid=IwAR0yTwc4C35c3LTE0ZkF-CdfXp1U3NrD0TpYrq4Hfq_brYBxdmpou6IrxVE

The RPO’s dispute with the President of the OCCP over access to the Orlen – Polska Press merger file; The dangers of the right of OCCP inspectors to cursorily review confidential legal opinions; The illusory nature of the freedom from self-incrimination in the Antitrust Act and other interesting and controversial issues concerning secrets in OCCP proceedings – discussed by Jaroslaw Sroczynski at the MMC Poland workshop on June 21, 2023. Thanks to the Participants for attending and the Organizers for inviting him to speak.

In his latest text in Rzeczpospolita, Dr. Michal Markiewicz writes about the importance of determining the moment at which intellectual property rights are transferred to the buyer, including, above all, whether these rights can be transferred with effect from a specific moment in the past. The text was inspired by the judgment of the EU General Court of April 26, 2023, in case number T-757/21. Publicly available excerpt from the article: https://archiwum.rp.pl/artykul/1497198-Czy-mozna-przeniesc-prawo-wlasnosci-intelektualnej-na-wczesniej.html

The 10th Anniversary International Consumer Science Conference “The Contemporary Consumer Market – Sales and Services” is being held on June 15-16, organized by the Association of Consumer Advocates and the Institute of Law at the Cracow University of Economics under the patronage of the President of Competition and Consumer Protection, the President of the Energy Regulatory Authority, the President of the Office of Electronic Communications, the Provincial Fund for Environmental Protection and Water Management and the Rector of the Cracow University of Economics. Jaroslaw Sroczynski spoke today at the 1st Panel Discussion “The legal position of the consumer in the modern sales market”, which covered such issues as: Omnibus regulations and their impact on consumer promotions, Explanations of the OCCP as a tool for business, The satisfaction criterion in consumer guarantees, Consumer protection on digital platforms, OCCP actions: analysis of business questions and consumer complaints in the context of Omnibus. Thanks to the Organizers, Panelists, Participants and Ms. Professor Boguslawa Gnela for moderating the panel.

Attention! Since Saturday, regulations have been in effect that allow the OCCP, as part of its inspections, to “cursorily” review any documents, including written communications with lawyers (such as legal opinions). We write about the amendment, its contradiction with fundamental rights, and its consequences, along with Michal Markiewicz in the pages of Rzeczpospolita. “The amendment breaks down the door to company secrets”: https://www.rp.pl/abc-firmy/art38502911-nowelizacja-wywaza-drzwi-do-firmowych-tajemnic “An inspector from the OCCP will look into confidential documents”: https://archiwum.rp.pl/artykul/1495563-Kontroler-z-UOKiK-zajrzy%C2%A0w%C2%A0poufne-dokumenty.html

“The amendment to civil procedure introduces an additional requirement that in intellectual property cases, the court should take into account the likelihood of invalidation of an exclusive right in other pending proceedings when assessing whether a claim is plausible.” We encourage you to read the latest article by Attorney Zuzanna Ochonska-Borowska “Changes in civil proceedings – attention to the likelihood of invalidation of an exclusive right” addressing issues such as: the new premise for recognizing a claim as probable, horizontal complaints fail in practice. “5 minutes about IP” is a joint initiative of Markiewicz & Sroczynski 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. Full article: https://www.prawo.pl/prawnicy-sady/zmiany-w-postepowaniu-cywilnym-w-sprawach-wlasnosci,520874.html?fbclid=IwAR0_DHUzAn1ocnEhe3w-2o38Uuh81PkXa3mbHe9R5dZWqrJazSn-M_41t4w

In today’s issue of Rzeczpospolita, Dr. Michal Markiewicz addressed selected legal issues related to the metaverse, including possible collisions of the virtual world with copyright law. There are also some comments on how to secure your business for operating in the metaverse from the perspective of trademark and industrial design rights. This is just the beginning of this “world” but if there are already so many doubts, what will be in the future? Interesting times 😉. Publicly available excerpt from the article: https://archiwum.rp.pl/artykul/1494721-Metawersum-a-IP.html