NEWSLETTER IP LAW 2/2019

TRADEMARK REPORT

The beginning of a new year is a time for reports summing up the previous year 2018. In this Newsletter we discuss one such report concerning recent trends in the field of trademarks, issued on 30 January 2019. The report was issued by CompuMark. (more…)

Newsletter Competition 2/2019

Facebook has violated competition law in Germany

The beginning of the year 2019 can hardly be called good for Facebook. The German competition protection authority, Bundeskartellamt, in a decision of 7 February 2019 held that the social media giant had violated antimonopoly regulations by the manner in which it processed the personal data if its users. Taking into consideration inter alia the precedential nature of the charges, rather than being imposed a penalty, the company had to undertake a number of obligations aiming at eliminating the violations detected. (more…)

NEWSLETTER IP LAW 1/2019

AMENDMENT TO INTELLECTUAL PROPERTY LAW

On 17 January 2019, the Sejm adopted the amendment to the Intellectual Property Law (hereinafter “IPL”). It contains a number of proposed changes and is primarily related to the necessity of implementing Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks. We discuss below several important changes proposed in the amendment. (more…)

Newsletter Competition 1/2019

ARTIFICIAL INTELLIGENCE IN COMPETITION LAW

The OECD (Organsation for Economic Cooperation and Development) has stated in one of it reports that price algorithms currenty pose the greatest challenge to antitrust authorities. This is because such instruments when used improperly help to create cartels that are very difficult to identify. In the event that such cartels be detected, the involved businesses face multi-million fines.

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NEWSLETTER IP LAW 12/2018

Preparations for a single digital gateway

The EU Council adopted late September a regulation on the creation of a single digital gateway. The portal enables individuals and businesses to access electronic information, procedures as well as support and problem-solving services. 14 key administrative procedures in every EU Member State will be available online for both domestic and foreign users. (more…)

Newsletter Competition 12/2018

AMENDMENTS TO THE ACT ON CONTRACTUAL ADVANTAGE

On 11 December 2018 an amendment came into force to the Act on combating unfair usage of contractual advantage in trading in agricultural products and groceries. The changes consist in inter alia an extension of the act to cover all trade relations between a supplier and purchaser (regardless of the level of turnover) and simplification of the definition of contractual advantage. The new regulations extend the scope of entities entitled to report suspicions of unfair practices, ensure the anonymity of the whistle-blower and reduce the formal requirements from the reports. The amendments to the Act further affect certain procedural issues and the competences of the President of the UOKiK and the Trade Inspectorate. (more…)

NEWSLETTER IP LAW 11/2018

AUDIOVISUAL SERVICES DIRECTIVE 2010/13/EU AMENDMENT

In October of this year the European Parliament adopted a draft amendment to Directive 2010/13/EU on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the provision of audiovisual media services (‘Directive’).  Thus, the amendment is taking place a mere 8 years from the Directive coming into force. Yet the media market has seen dramatic changes occurring over this short period of time. More and more viewers of the traditional television broadcasts are also using on-demand content on their smartphones or tablets. (more…)

Newsletter Competition 11/2018

GEOBLOCKING – OR THERE WILL BE PENALTIES FOR DIFFERENTIATING CUSTOMERS
The geoblocking practices (of which have already written before) involves online stores blocking potential customers or creating for them different access conditions to products. Such blocking can be based on e.g. the customer’s nationality or place of residence (e.g. on the basis of the user’s IP). In other words, the practices are used when e.g. a French citizen is trying to buy some goods from a Polish online store which refuses to sell because of his nationality. (more…)

NEWSLETTER IP LAW 10/2018

PROPOSAL FOR DIRECTIVE ON CERTAIN ASPECTS CONCERNING CONTRACTS FOR THE SUPPLY OF DIGITAL CONTENT

The proposed Directive on certain aspects concerning contracts for the supply of digital content (“Contract Directive”) regards B2C contracts for the supply of digital content. Digital content includes: data generated or provided in digital form (e.g. music, video), services allowing digital data to be created, processed or stored (e.g. cloud storage), services allowing data sharing (e.g. Facebook, YouTube) and any other durable media used exclusively to store digital content (e.g. DVDs). (more…)

Newsletter Competition 10/2018

NEW PENALTIES FOR CONSUMER INTEREST INFRINGEMENTS THIS TIME FACING MANAGERS – EVEN UP TO PLN 5 MILLION

Works are currently underway in the Sejm (lower house of the Polish parliament) on amendments to the act on the protection of competition and consumers. Managers of companies that have violated consumer law have reasons to be worried. Should the bill come into force, they will face severe penalties of even up to PLN 5 million in fines. (more…)