News

In the XXII edition of the nationwide Ranking of Law Firms 2024 organized by Rzeczpospolita, the Markiewicz Sroczynski Mioduszewski law firm was once again recognized in its practice areas. In total, we received 7 distinctions: Title of Law Firm – Leader in two areas: Intellectual Property Law; Competition and Antitrust Law; And the title of Recommended Law Firm in the field of: TMT (Information Technology, Media, Telecommunications). In addition, in the category of lawyers, the Field Leaders were Prof. Ryszard Markiewicz – “Intellectual Property Law”; attorney Jaroslaw Sroczynski – “Competition and Antitrust Law”; while the Recommended Lawyers are: mec. Marcin Mioduszewski – “TMT (information technology, media, telecommunications)” Dr. Michal Markiewicz – “Intellectual Property Law”. More about the ranking on the Rzeczpospolita website: https://rankingi.rp.pl/rankingkancelarii/2024

Today’s Rzeczpospolita featured an article by editor Nadia Senkowska with a short commentary by Dr. Michal Markiewicz on the practices of UEFA and FIFA in securing intellectual property rights in connection with the organization of football tournaments (European and World Cups). What was not included in the text was the observation that: UEFA and FIFA activities cannot monopolize all commercial activities around the tournament, which is, after all, a social event. Therefore, the production of shirts, balls or other gadgets for fans in connection with the tournament taking place is not prohibited, as long as their designs are not the same or confusingly similar to the originals, and the way they are promoted does not encroach on the legally protected interests of the tournament organizer. However, the determination of the limits of the protection granted requires an individual assessment of the specific circumstances of the case. Link to article available to subscribers: https://www.rp.pl/podatki/art40660101-euro-2024-i-benefity-firma-ma-koszt-pracownik-przychod?

In today’s Rzeczpospolita, Dr. Michal Markiewicz writes about the problem of contracts that concern the creation of a large, unspecified number of works in the future. The problem raises the following questions, among others: Is it permissible to conclude an agreement that does not specify what is to be created in the future? Does the requirement of written form under pain of invalidity limit the freedom of the parties to cooperate? Does the market practice of mail order correspond to the statutory requirements provided for contracts transferring copyrights? How to safely specify the subject matter of the framework agreement? What if the contract does not implement the statutory requirements for its validity? Link: https://www.rp.pl/biznes/art40653181-umowy-ramowe-na-masowe-tworzenie-utworow-tresc-i-wymagana-forma

Recently, for the Polish Press Agency, Dr. Michal Markiewicz spoke with editor Anna Kruszyńska on the subject of amendments to copyright law. The topic of creators’ salaries was discussed, including: the problem of the risk of losing a large part of the remuneration collected from streaming platforms due to the necessity of paying them to foreign creators, the erroneous drafting of the provision on artistic performances, which does not indicate from which entity “additional” remuneration should be collected, the lack of implementation of Article 18 of the DSM Directive with respect to most creators, the new law of press publishers, and the surprising discrepancies in national implementations concerning the regulation of what part of the publisher’s remuneration should go to creators. Link: https://www.pap.pl/aktualnosci/dr-markiewicz-o-noweli-ustawy-o-prawie-autorskim-potrzebne-rozwiazanie-dla-wszystkich-0

In Rzeczpospolita, Dr. Michal Markiewicz writes about the extremely important change that the AI Act makes to the exception for, among other things, learning artificial intelligence algorithms. In a rather surprising way (only in the recitals), it is made clear that the regulations of the DSM Directive, including in particular the permitted use for data mining (TDM) and the requirements therein, must be observed by entrepreneurs offering ready-made artificial intelligence models on the EU market, regardless of in which part of the world such an algorithm was learned. Thus, this is a special kind of “extension” of the principle of territoriality of rights, made due to the place of offering a ready-made (no longer using TDM) artificial intelligence model. This change is extremely important for leveling the playing field in the AI market for entrepreneurs operating and developing artificial intelligence models in the EU territory. This is because until now they have been at a disadvantage compared to their non-EU competitors. After the changes, all those offering a finished product on the European market will be obliged to create it based on the same rules regarding respect for copyright. Publicly available excerpt from the article: https://www.rp.pl/biznes/art40536191-ai-act-trenowanie-sztucznej-inteligencji?

“Kora. Się żyje. A Biography.” On behalf of Mateusz Jackowski, Kora’s son, we negotiated a settlement for the book. This is yet another time when our cooperation with a client is based on one of our important values – the protection of integrity and balanced language in literature and public space, where freedom of expression collides with the protection of the good name and memory of loved ones. We especially welcome opportunities for dialogue and the development of amicable solutions. In turn, advising in the area of management of such legendary Maanam’s work, which should continue to live and remain timeless, is one of our greatest missions, at the intersection of law and love of culture. Read more about the case: https://plejada.pl/newsy/final-awantury-o-biografie-kory-mateusz-jackowski-zabiera-glos-w-sprawie/3kqz5rb?

The Law.pl portal’s “5 minutes on IPR” featured an article by Wiktoria Matysik titled “Will the Court of Justice (again) dox the concept of the right to make a work available to the public?”. “The concept of the right to make a work available to the public, harmonized at the EU level within the framework of Article 3 of Directive 2001/29/EC, is one of the most widely analyzed copyright issues in the case law of the Court of Justice. As a result of the German court’s decision to refer questions to the Court for a preliminary ruling, this issue will once again become the focus of the EU body.” The text addresses the following questions: – what are the new preliminary questions on the subject of public access? – to what extent are the facts of this case similar to previous cases before the Court involving hotels and resorts? – can a group of seniors living in a care center be considered a “public”? – what is the principle of technological neutrality? Link to article: https://www.prawo.pl/prawo/pojecie-prawa-do-publicznego-udostepniania-utworu,527087.html?