News

“Interesting news comes to us from UOKiK – the Office has decided to look into influencers and how they label sponsored content. This is an important topic with an important practical dimension, also in the context of possible misleading of consumers about the quality and origin of products.” We invite you to read Zuzanna Ochońska’s article “Consumer protection in the fashion industry” published in the latest issue of Zeszyty Naukowe UJ (153), addressing the potential consequences of the actions of influencers and entrepreneurs in the fashion market, using the example of the famous “label scandal” of the VECLAIM brand. https://www.wolterskluwer.com/pl-pl/solutions/lex

On 30 September 2021, IIIrd Energy Forum of Science and Economy took place, organized by INP PAN, “Mercatus et Civis” Foundation and the Association of Consumer Ombudsmen under the patronage of, among others: Minister of Climate and Environment, President of the Energy Regulatory Office and President of the Patent Office. Mr. Sroczynski appeared on the panel “New technologies – opportunities and threats”, sharing his thoughts on the practices of winning customers in the photovoltaic sector.

The VIIIth International Consumer Conference “Challenges for Consumer Law in Global, Regional and Local Dimensions” was held on 5-6 October 2021, organized by the Association of Consumer Ombudsmen and the Faculty of Law and Administration of the University of Łódź, under the patronage of the Presidents of the Office of Competition and Consumer Protection and the Office of Electronic Communication. Mr. Sroczyński participated in a panel discussion on effective enforcement of consumer rights, from traditional sales and services to new forms of trade.

Mr. Sroczynski and M&S were again recommended in the Expert Guides Competition and Antitrust 2021 legal ranking. “Expert Guides has been researching the world’s legal market for over 20 years and has become one of the most trusted resources for international buyers of legal services.” expertguides.com

On 13-15 September 2021 in Krakow, there was held the XXI Krakow Conference organised by the FORUM Educational Centre within the series MODERN Copyright and Intellectual Property Law. Dr Michał Markiewicz gave a lecture covering two issues: 1) the conflict between registered trademarks taking into account the provisions of the Act on Combating Unfair Competition, and 2) doubts around public communication of a work in CJEU rulings and Directive 2019/790. Prof. Ryszard Markiewicz delivered a lecture on: the principles of legal assessment of short fragments of text on the example of copyright protection of the phrase “To take the train by any means”, NFT technology or “Non-Fungible Token”, as well as “New cases, new images – old and new problems of copyright law (jurisprudence of the Court of Justice, Polish judicial decisions, new challenges for copyright law.

Global Competition Review published on 8 September 2021 an article on the Air Liquide/Betamed merger, with a statement by J. Sroczynski on the advisability of introducing the institution of a “monitoring trustee” participating in complex conditional concentrations.

We recommend an article authored by Monika Sewastianowicz and published in the “Prawo.pl” service owned by Wolters Kluwer Polska entitled “Pay attention to protect what’s yours – regaining trademark rights might be difficult and very costly”. The commentary on the case concerning the so-called “trademark trolling” and the trademark in the context of its registration, authored by Dr Michał Markiewicz, deserves particular attention – not only from numerous fans of young YouTube stars Ekipa and their colourful ice cream Koral. In our opinion, it is an interesting example of unfair usage of other’s popularity for own particular interest. Dr Michał Markiewicz points out more broadly that: ” The protection of a trademark is granted from the moment of its application, however, it arises only at the moment of registration of the right of protection for the trademark. Therefore, after registration it is possible to assert claims for infringements occurring from the moment of filing the application for registration. As far as the registration of other people’s signs is concerned, the situation is complicated, as it is possible to register an unregistered sign – however within the procedure before the Polish Patent Office each time it is examined whether the application was filed in bad faith (this circumstance can be brought to the attention of the Office). The registration of a trade mark may also be hindered by the infringement of personal or property rights of third parties, such as e.g. copyrights – which in the procedure before the PPO requires an opposition by the right holder. It happens, however, that such cases end with the repurchase of rights from the person who registered the trade mark or in court. It should also be borne in mind that using someone else’s unregistered sign may be considered unlawful under the Act on Combating Unfair Competition. On the other hand, in the case of conflicts between registered trade marks, it is relevant who filed the trade mark application first.” https://www.prawo.pl/biznes/ekipa-rejestracja-znaku-towarowego-a-trademark-trolling,510291.html