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
News
05.11 2024
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?
30.10 2024
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
29.10 2024
Last week, Dr Michał Markiewicz gave a statement to the Polish Press Agency (PAP) regarding an alleged interview conducted by AI with the late Wisława Szymborska. The case aroused and continues to arouse a number of controversies, including when it was correctly labelled that the interview was in fact ‘fabricated’ and created entirely by AI. Particularly interesting questions: Was there any infringement of Wisława Szymborska’s copyright in the AI training (did Wydawnictwo Literackie exercise its opt-out option)? Are there, and if so, which personal rights oppose such activity? Is the right of publicity included in the right of publicity regulated by the copyright law? Does the right of publicity expire with the death of the person concerned or only 20 years after that date? Should the right to veneration of the memory of a deceased person also protect against situations of use of the characteristics of a deceased person (e.g. for the purposes of an interview) where, despite the correct indication that the content in question does not originate from the deceased person, the material presented looks as if the person in question was personally involved in it? To quote Dr Markiewicz: ‘I did not like the interview. At the same time, I believe that for such activity to be legal, consent to such activity should be given by the persons indicated in Article 78 of the Copyright Act and the subjects of the personal good in the form of the cult of memory of the deceased.’ Link to the material: https://www.pap.pl/aktualnosci/prawnik-o-wygenerowanym-przez-ai-wywiadzie-z-szymborska-ingerencja-w-dobra-osobiste?fbclid=IwY2xjawGNsPpleHRuA2FlbQIxMAABHSiJ-6nPZoTz-AHbSPKI0iNmbcHeYIg7cEIflY06dRUuhZ4MlNrUTfDj0w_aem_lLbKPCyNjgy614VXuISObg
25.10 2024
Today, attorney-at-law Zuzanna Ochońska-Borowska had the pleasure of speaking at a conference on new regulations of electronic communication law! During her speech, she introduced the topic of changes to the regulations on marketing consents. She discussed the most important aspects of the upcoming regulations and their impact on companies managing customer data. Thank you for the great interest and inspiring questions from the participants – the topic of compliance with the new regulations is a key part of responsible business! Thanks to MUST READ MEDIA for the opportunity to speak! Read more about the conference: https://konferencje.mustreadmedia.pl/komunikacja-elektroniczna/
29.10 2024
A book by Janusz Barta and Ryszard Markiewicz entitled ‘Copyright and Related Rights’ has been published by Wolters Kluwer Polska. ‘Copyright and Related Rights. Introduction’. We bring it to your attention for three reasons. To quote after the author: ‘First, this is the first (our) 10th edition. Secondly, the book uses an innovative solution: new content is marked with lines in the margin. This will make it possible to compare it with the previous edition (2021), as well as to limit the reading to new copyright issues only. It seems to me that I have never seen this idea in another publication. Thirdly, the recently transposed into Polish law two EU Directives 2019/789 and 2019/790, the new Polish court and CJEU jurisprudence, and the currently debated problems of copyright law, in particular the author-legal problems of artificial intelligence and remuneration for creators, are included extensively. The latter issue is covered extensively in a separate chapter. It will probably be the subject of criticism because of the proposed interpretations of the amended copyright law and the suggested limitation of the scope of the right to post-contractual remuneration – so far nowhere in the world as broadly covered as in Poland (I wondered whether to title this chapter: Is there a pilot flying with us?”).
26.10 2024
Attorney-at-law Marcin Mioduszewski had the pleasure of speaking at the conference ‘AI – New Era of Innovation’ organised by InnovationCoach. The attorney presented issues concerning the implementation of artificial intelligence in business processes. Has the law not kept up with the development of artificial intelligence? Is it ethical to use artificial intelligence in business? The speech also discussed key legal aspects, including competition protection, consumer protection and personal data processing issues that accompany the implementation of AI solutions in businesses. Thank you to the participants for their engagement and inspiring questions! Thank you to InnovationCoach for the opportunity to speak and share knowledge! You can find out more about the conference and the speakers on the event website: https://ai2024.innovationcoach.pl/