News

The latest issue of Jagiellonian University’s Scientific Notebooks, Theses in Intellectual Property Law (Notebook 1/163), features an article by Professor Ryszard Markiewicz entitled “The principle of assimilation and author’s additional (post-contractual) remuneration.” In the text the following issues are developed: – the emergence of additional (post-contractual) remuneration, – post-contractual remuneration in the light of the principle of assimilation from the Berne Convention, – the entity authorized to state the principles of application of the principle of assimilation in the European Union, – basic principles of application to foreigners of the right to post-contractual remuneration. Quoting after the author: “Author’s additional remuneration, payable by the users of works and artistic performances under Article 70 (21) of the Copyright Act, is an important and extensive part of the Polish copyright law. Moreover, the draft amendment to the Law on Copyright and Related Rights includes streaming of works with them. If the principle of assimilation should be applied to such remuneration, then due to the outflow of funds abroad, without reciprocity from other countries, the amendment of the adopted regulation should be considered.” The article is also available in the LEX database at the following link: https://sip.lex.pl/#/publication/151473786

This time in Rzeczpospolita, Dr. Michal Markiewicz writes again about the issue of exhaustion of rights in copyright law. This provision provides for the possibility of further sale of the acquired copy of the work (tangible medium) under certain circumstances. In the Polish law, in order for the effect of exhaustion to occur, it is required that the original or a copy of the work be made available to the public as part of the ownership transfer transaction – does the copy really have to be made available to the public for exhaustion of the right to occur? How is this issue regulated under EU law? Does ordering a work (under a work contract) and acquiring ownership of a copy of the work in Poland lead to the possibility of its further sale? Link to article: https://archiwum.rp.pl/artykul/1515746-Wyczerpanie-prawa-w-prawie-autorskim.html?

In today’s Rzeczpospolita, Dr. Michal Markiewicz writes about the European Union trademark and the Polish trademark. What are the relations between these rights, what to be guided by when choosing the appropriate right, which signs affect the possibility of obtaining certain rights (they may constitute grounds for opposition or later invalidation of the right) and to what extent registration of a sign blocks other entities in Europe from registering a conflicting sign (monopolizes the sign). He also points out that in certain circumstances it is legitimate to register a national right despite the legitimacy of an EU right – this is particularly true in the situation of legitimacy of a widely recognized (reputable) mark. He also points to two EUIPO projects that aim to support small and medium-sized entrepreneurs in the field of intellectual property rights: WSME Found allows reimbursement of 75% of the cost of registering a trademark with a maximum grant limit of €1,000, IP Scan allows verification of all the entrepreneur’s intangible assets, including the signs used, among others, for the purposes of possible future registrations of them as trademarks. In this case, the subsidy covers 90% of the cost of the analysis, up to €630. This program was first launched in Poland in 2024. Link to article: https://archiwum.rp.pl/artykul/1514335-Znak-towarowy-unijny-polski-a-moze-oba.html

In a recent post on the Law.pl portal, Prof. Ryszard Markiewicz points to the phenomenon of dynamic social evaluation in the context of determining the limits of exploitation of other people’s art under fair use. The work of Otto Gerhard Waalkes and related case law as a clear example of the legalization of appropriation art through the use of parody. “Permitted use must not interfere with the normal use of the work or cause unreasonable harm to the legitimate interests of copyright holders. This raises the question of whether such a liberal approach, however, distorts the balance between ensuring creative freedom and protecting copyright.” Full article: https://www.prawo.pl/prawo/dozwolony-uzytek-w-parodii-a-prawo-autorskie,526401.html?

An article by legal counsel Zuzanna Ochońska-Borowska on the subject of litigation in non-monetary claims in intellectual property cases, including prevention and combating of unfair competition, appeared on the Law.pl portal under “5 minutes about IP”. The text addresses doubts about the interpretation of the amended regulations, in the context of the need to determine the value of the subject matter of the dispute (in the case of a claim for omission and publication). Precise determination of CSP still difficult, haphazard or even impossible? Still adequate criteria include: the interest of a certain person in the possibility of undisturbed enjoyment of his rights, the premises of the value of the object of protection, the duration and intensity of the violation, the likelihood of continuation of the violation, the size of the companies of the parties to the proceedings, the period for which the abandonment was requested. At Markiewicz Sroczynski Mioduszewski, we help entrepreneurs in cases of protection of copyright, industrial property rights and protection of other rights on intangible property, including European intellectual property rights and claims for the prevention and suppression of unfair competition, so we look with interest at the further development of the jurisprudential line in this area. Link to article: https://www.prawo.pl/biznes/przedmiot-sporu-przy-roszczeniach-niepienieznych-w-sprawach-wlasnosci-intelektualnej,526309.html

In today’s Rzeczpospolita, Dr. Michal Markiewicz writes about regulations related to the creation of intellectual property rights. In particular, highlighting those that do not require any formalities for this purpose, including copyright, related rights, and the right to an unregistered Community design, among others. In the case of rights that arise as a result of decisions by the relevant offices, it is worth bearing in mind the provisions on infringements occurring between the filing and the granting of the right. Link to article: https://www.rp.pl/biznes/art40121071-kiedy-powstaja-prawa-wlasnosci-intelektualnej

We are pleased to announce that legal advisor Ewelina Bosek and legal advisor Marcin Mioduszewski of Markiewicz Sroczynski Mioduszewski GP have been included by the Patent Office of the Republic of Poland on the list of contractors for the IP Scan service in Poland. IP Scan is a service already known at the EU level and now introduced in Poland to support entrepreneurs (SMEs) in planning and implementing intellectual property protection in their business. The cost of the service is 90% (up to €630) covered by an EU SME Fund grant. Thus, it is a tool that allows, with a negligible financial outlay, to identify important intellectual property objects in the company and to develop a strategy for their protection, so as to realistically use it in the daily operation and further development of the company. More about the IP Scan service: https://tiny.pl/d7rjq