News

In Rzeczpospolita, Dr. Michał Markiewicz writes about industrial designs (design protection) – he draws attention to a new ruling by the EU Court regarding the possibility of testing a design before its registration. The EU Court not only allowed for the testing of a design before its registration, but above all indicated that during a 12-month period (the so-called “grace period”) the creator can also make modifications to the design and register this new (changed in relation to the previously disclosed product) design without fearing that it does not meet the conditions of novelty, but above all of individual character. Link to the article: https://pro.rp.pl/biznes/art42077071-testowanie-nie-przeszkadza-w-rejestracji-wzoru-przemyslowego

When can you sell a used computer game, i.e. exhaustion of rights. “The introduction of a ban on the resale of computer games purchased in electronic form is in accordance with French law. The judgment of the French court, based largely on EU case law, can be considered a kind of application of this case law in practice. Therefore, the interpretation adopted in it can be a valuable guideline for intellectual property law practitioners in Poland and the entire European Union,” writes lawyer Damian Dąbrowski in the latest article for the prawo.pl portal of Wolters Kluwer Polska. The article addresses the following issues: the principle of exhaustion of rights, the development of case law on the principle of exhaustion of rights, and whether a computer game is a computer program. Full article: https://www.prawo.pl/biznes/gra-komputerowa-zakaz-odsprzedazy-zgodny-z-prawem,532163.html Link to the contest website: https://www.prawo.pl/prawo/umowne-wynagrodzenie-autorskie-w-projekcie-nowelizacji,528001.html? The “5 minutes about IP” section: https://www.prawo.pl/prawo/5-minut-o-pwi,518742.html

The text includes a link to Dr. Michal Markiewicz’s statement on the Polish Press Agency website regarding the bestseller clause. After the amendment of the law in September 2024, the issue of author’s remuneration is yet to see a wave of disputes related to creators’ demands for an increase in remuneration. It is worth noting that the amendments to the bestseller clause make it easier to use (there is a lower threshold of disproportion between remuneration entitling to demand an increase in remuneration). However, the key difference and dangers of the amendments are in the lump-sum remuneration of creators and regardless of any subsequent commercial success. Interesting times are yet to come. Link to publication:https://www.pap.pl/aktualnosci/autorka-chlopek-zapowiada-pozew-wydawnictwo-liczy-na-porozumienie-0

We are pleased to announce that attorney Julian Tateno has become a founding member of the newly established Competition Law Practitioners Section of the OIRP in Krakow, which aims to integrate the legal community around key competition law issues. The function of Secretary of the Section was assumed by trainee attorney Patrycja S., whom we congratulate on this distinction. Thanks to attorney Kamil Dobosz, PhD for the initiative and the effort made to establish the Section. We sincerely congratulate all those involved and wish them fruitful work for the development of competition law! https://www.linkedin.com/company/sekcja-praktyk%C3%B3w-prawa-konkurencji-oirp-w-krakowie/

Refusal to publish a correction does not close the way to asserting one’s rights. “Even when we fail to comply with the formal conditions of the rectification, we can still use our claim based on the protection of personal rights in the broadest sense – such action, in some cases, may prove even more beneficial,” writes lawyer Erika Czereda-Dziubek in a recent article for the portal law.pl. In the article you will find answers to this: What to do if the press material concerning us is inaccurate or contains false information? Will every correction be published? Will there always be a corrective mode? We invite you to read! https://www.prawo.pl/biznes/prawo-prasowe-odmowa-publikacji-sprostowania,530758.html

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