News

I recently gave a commentary for Rzeczpospolita and ed. Jana Skoumala on the revision of copyright law. There are many interesting disputes ahead of us, which will probably concern remuneration in copyright law. Link to the article in the commentary.https://www.rp.pl/internet-i-prawo-autorskie/art41606741-tantiemy-sztuczna-inteligencja-i-legimi-eksperci-o-nielatwym-roku-dla-prawa-autorskiego

In a recent article in Rzeczpospolita, I write about what’s wrong with copyright compensation and how to fix it. Why is liability for non-fault and culpable infringement the same? How was it before? What solutions are present for intellectual property rights? Well, and how should the provision be modified to preserve its functions, while eliminating the current “injustice”? Link to article: https://archiwum.rp.pl/artykul/1528118-Odszkodowanie-w-prawie-autorskim-wymaga-zmiany.html

Today is New Year’s Eve! On this occasion, in Rzeczpospolita, I write about this special day for intellectual property rights, and copyright law in particular. What to rush with before the end of the year and what will happen with the stroke of midnight – about this in the text to which I link in the commentary. https://archiwum.rp.pl/artykul/1527581-Sylwester-to-wazna-data-w-prawach-wlasnosci-intelektualnej.html

This week I wrote in Rzeczpospolita about pastiche. Ahead of the CJEU is the important task of defining the limits of this permitted use (Pelham II case, ref. C-590/23). Will EU pastiche approach an open fair use clause? Probably, regardless of the final outcome of the proceedings before the CJEU, we will get another provision in EU law that is broad in its scope and constitutes fair use (exception and limitation). The question remains open whether the CJEU will indicate only the need for noticeable modifications to the work used (one of the prerequisites of parody), or whether it will introduce an additional criterion that will rationalize the scope of the restriction. Link to article in commentary. https://pro.rp.pl/biznes/art41584881-parodia-i-pastisz-w-prawie-autorskim-czy-to-juz-fair-use

This time in Rzeczpospolita, I am writing about the impending industrial design reform. Both EU Regulation 2024/2822 and EU Directive 2024/2823 have already been officially published. The regulation will be applied as of May 1, 2025, while the Directive should be implemented by Member States by December 9, 2027. In the text, I point out the most important changes in industrial design law, including, among others . on: the expansion of the definition of design, the explicit designation of the absence of a visibility requirement for most designs, the lack of narrowing of protection in national law to categories of specific products, changes to the right to an unregistered EU design, protection against the use of files enabling 3D printing, the introduction of a mandatory repair clause to national rights (realistically, however, only from 2032) but at the same time narrowing its scope relative to the version in the earlier regulation. https://archiwum.rp.pl/artykul/1521764-Kiedy-%E2%80%9Enie-zawierac%E2%80%9D-licencji.html

In today’s Rzeczpospolita, Dr. Michal Markiewicz writes about the impact of artificial intelligence (AI) on litigation strategies in copyright disputes. In particular, he focuses on: the possibility of challenging the fulfillment of the prerequisites of a work using AI, the importance of AI for the application of the “statistical singularity test,” the defense charge of “parallel creation” based on AI creations. Link to the article: https://pro.rp.pl/biznes/art41394111-ai-moze-pomoc-w-sporach-prawnoautorskich?

Last week, the National Scientific Conference ‘Medical market of the future’ was held at the Cracow University of Economics. Attorney Julian Tateno took part in a panel discussion on the medical research market moderated by Dr Elżbieta Sługocka-Krupa, which also included Prof Bogdan Solnica, MD, PhD, Tomasz Wojdacz, MD, PUM, Jolanta Korsak, MD, WIM and Tomasz Anyszkek, MD. Thanks to the organisers: The Department of Civil, Economic and Private International Law of the UEK, the Mercatus et Civis Foundation, the Association of Consumer Advocates, the Department of Human Capital Management of the UEK and the Centre for Healthcare Economics and Management. ‘I would like to thank the organisers very much for the opportunity to participate in this interesting and important discussion among a group of eminent specialists from all over Poland. I am convinced that the issues discussed during the conference will become a contribution to positive changes in the medical market.’ Read more about the Conference: https://uek.krakow.pl/artykuly/wydarzenia/konferencja-naukowa-rynek-medyczny-przyszlosci?fbclid=IwY2xjawGPB81leHRuA2FlbQIxMAABHSMSkK5y4uyAPy6eKyn4RlJd17rIDueZmtcxc7VumJRnq0H8VUibbh2gUQ_aem_qsuRmb4dx_lnCVb3e_qukw