News

26.03 2024

SOFTWARE LICENSING – OPPORTUNITIES AND RISKS. ARTICLE BY DR. MICHAL MARKIEWICZ FOR RZECZPOSPOLITA

Today in Rzeczpospolita, Dr. Michal Markiewicz writes about software, and more specifically about the problem of shaping the relationships involved in the creation and development of key software for an entrepreneur, such as ERP. Should an entrepreneur develop such a program on his own, use the services of small or medium-sized IT companies, or choose software from one of the large and reputable providers. Each of the above solutions has its pluses, but also gives rise to certain dangers. It is important to make the decision consciously and adjust it to your needs and expectations. Publicly available excerpt from the article: https://archiwum.rp.pl/artykul/1512833-Licencja-na-program-komputerowy—mozliwosci-i-ryzyka.html?fbclid=IwAR28IHUZ2JA8hQGH8jG3PD9C745yE2_mJptFgv3wSX7WZcjBhAFiN1rZydg

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26.03 2024

ATTORNEY EWELINA BOSEK FOR PRAWO.PL – IS IT POSSIBLE TO SUCCESSFULLY CIRCUMVENT THE OBLIGATION TO USE A TRADEMARK

The Prawo.pl portal’s “5 minutes on IPR” featured an article by counsel Ewelina Bosek on the obligation to use trademarks and attempts to circumvent it in order to maintain broader trademark protection. The trademark monopoly is not absolute, and in order to maintain it, the mark must be realistically and regularly used in the market after the five-year grace period. On the business side, on the other hand, there are times when protection is needed that is broader than just the actual use of the mark. Is it possible to avoid the obligation to use? Is obtaining further protection rights for an analogous mark in order to avoid this obligation a permissible and effective action? Business strategies vary, but legally they are often unsustainable and easily challenged. Link to article: https://www.prawo.pl/biznes/czy-da-sie-skutecznie-obejsc-obowiazek-uzywania-znaku-towarowego,525924.html?fbclid=IwAR2eU7D-GRhBCBDHIIKhAW14lEoO-z7UkXHtA_BsZk2EDmsQEXJIKPfGDqs

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19.03 2024

CHANGES IN COPYRIGHT LAW – AI RETURNS. COMMENTARY BY DR. MICHAL MARKIEWICZ FOR RZECZPOSPOLITA

Rzeczpospolita published an article by editor Jan Skoumal, which included a commentary by Dr. Michal Markiewicz on legislative changes to the permitted use for machine learning of generative artificial intelligence (TDM) models. It is a good thing that the ministry has backed off from the proposed TDM modifications, which are contrary to EU law, as otherwise we would limit Poland’s competitiveness, including research opportunities, and the change itself would not affect the activities of major players in the AI market, who could develop their models outside Poland anyway and then offer them to end users in our country. Link to article: https://www.rp.pl/internet-i-prawo-autorskie/art40003381-nowelizacja-prawa-autorskiego-sztuczna-inteligencja-wraca-do-lask

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11.03 2024

PRELIMINARY QUESTION TO THE TSUE: SHORTCOMINGS IN RANDOM ASSIGNMENT OF CASES TO JUDGES VS. INDEPENDENCE AND IMPARTIALITY

Recently, visits to the CJEU have become our tradition. This time Marcin Mioduszewski and Zuzanna Ochońska-Borowska had the honor of appearing before the Court in a preliminary question proceeding. In an unfair competition appeal case pending before a national court, in which we are representing our client, doubts have arisen about the correctness of the composition of the court of first instance. The Court of Justice of the EU will now answer questions regarding violations of the rules on random allocation of judges to cases, in the context of EU law. We look forward to the judgment, which will have a not inconsiderable impact on the practice and understanding of another aspect of the independence and impartiality of judges in the EU. Advocate General L. Medina’s opinion is scheduled for June 2024.

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07.03 2024

THERE ARE NO GROUNDS FOR NOT PAYING FOR THE USE OF WORKS ON THE INTERNET AND STREAMING – DR. MICHAŁ MARKIEWICZ FOR THE POLISH PRESS AGENCY

Today, the Polish Press Agency website published a statement by Dr. Michał Markiewicz on the currently hot topic of royalties on the online streaming exploitation of certain works. First of all, he points out what the mechanism of additional remuneration, about which there is a dispute, is and how this system would work if applied to the automotive industry. Why should only creators of audiovisual works and performers of musical and spoken-word works be entitled to double remuneration for streaming? How does this amendment relate to the DSM Directive, which it supposedly implements? How could the proportional and appropriate remuneration of creators, including audiovisual works, be regulated differently? Thanks for the invitation and the interview to editor Anna Kruszyńska. Link to the full article: https://www.pap.pl/aktualnosci/co-z-pieniedzmi-dla-tworcow-za-wykorzystywanie-utworow-w-internecie-i-streamingu-glos?fbclid=IwAR1nQLXtwdd1

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06.03 2024

JAROSLAW SROCZYNSKI AGAIN RECOMMENDED IN THE FIELD OF COMPETITION/ANTITRUST WITHIN THE INTERNATIONAL RANKING OF CHAMBERS EUROPE 2023

Jaroslaw Sroczynski has been recommended again in the Competition/Antitrust field within the international ranking organized by Chambers. To quote from the organizers: “Jarosław Sroczyński of Markiewicz & Sroczyński is a notable senior name in competition law matters. He assists with a broad range of issues, including antitrust and regulatory compliance.” Congratulations to all the awardees! Link to ranking: https://chambers.com/lawyer/jaroslaw-sroczynski-europe-7:324688

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27.02 2024

DR MICHAŁ MARKIEWICZ FOR RZECZPOSPOLITA – HOW TO USE A TRADEMARK?

IIn today’s Rzeczpospolita, Dr. Michal Markiewicz writes about trademarks. It is worth remembering that in addition to the prerequisites for individual forms of infringement, an encroachment on the protective right must consist of a violation of general prerequisites, including the key ones from the perspective of determining the scope of the right itself, use of the sign in business dealings, use in relation to goods and services, violation of the function of the trademark, and illegality. So what is the use of a sign as a trademark? And how to understand the necessity of infringing the function of a trademark? The evolution of case law on the one hand makes this branch of law more flexible, but on the other hand introduces significant uncertainty about the very scope of the law. Publicly available excerpt from the article: https://archiwum.rp.pl/artykul/1511222-Jak-uzywac-znak-towarowy.html?fbclid=IwAR0vxU3o2mOju9Xq1hi32pOKg4uF9PxxwL68YBe5yTEn3x8kJs-xS5IpAec

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