News

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

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