NEWSLETTER IP LAW 8/2018

NEW ACT ON COLLECTIVE COPYRIGHT AND RELATED RIGHTS MANAGEMENT IN THE POLISH LEGAL ORDER

The changes in the Polish legislation concern the rules for collective management of copyright and related rights. The regulations, hitherto placed at the obscure end of the act on copyright and related rights, have now been incorporate into a new, extensive instrument. (more…)

NEWSLETTER COMPETITION 8/2018

RESALE OF GOODS AT PRODUCER DETERMINED PRICES. IS THAT ADMISSIBLE?

Producers often wish to exercise control over the prices at which their goods are sold. However, this is inadmissible under competition law and ranks among the most serious breaches of competition law. Businesses fixing resale prices has been analysed by the European Commission in four recently issued decisions with respect to electronics manufacturers. (more…)

NEWSLETTER IP LAW 7/2018

THE PROPOSED NEW DIRECTIVE ON THE PROTECTION OF COPYRIGHT IN THE DIGITAL SINGLE MARKET

The holiday period, also known as silly season, brought hot news concerning long-planned reforms of copyright law. This is all the result of the forthcoming vote in the European Parliament on the proposed new directive of the European Parliament and of the Council on Copyright in the Digital Single Market (‘the Directive’). The statements: ‘Acta 2 is coming’, ‘The end of the Internet is near’, ‘A new tax on links’ or ‘Mems are over’ etc. are spreading all over the Internet.

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NEWSLETTER COMPETITION 7/2018

PRIVATE CLAIM FOR DAMAGES DUE TO VIOLATION OF COMPETITION LAW

Violation of competition law is usually associated with the activities of the UOKiK’s President. However, in the majority of cases the decisions made by the Office do not have a direct impact on the interests of the most injured parties, i.e. competitors, contractors or consumers.  It is worth mentioning that the parties injured by anti-competitive actions – e.g. due to application of excessive prices by the cartel – can seek compensation from the participants in the collusion.

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Newsletter IP law 6/18

AMENDMENT TO INTELLECTUAL PROPERTY LAW

A draft amendment to the Intellectual Property Law (hereinafter “IPL”) has been introduced to the Sejm.  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.

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Newsletter competition 6/18

PRICE ALGORITHMS – THREAT TO COMPETITION OR OPPORTUNITY FOR CONSUMERS?

Application of new technologies is no longer an idea for making one’s business more attractive, but more and more frequently a necessity. The European Commission warns businesses about the application of price algorithms and the entailed possibility of infringing competition law. Nevertheless, the Luxembourg based Conseil de la Concurrence has found that the advantages of application of an algorithm in one of the cases were so important that the businesses in questions escaped the punishment for antitrust law infringement.

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Newsletter competition 5/18

TRANSPARENT ONLINE PLATFORMS FOR BUSINESSES

The European Commission is striving to protect the rights of businesses and consumers on online platforms. Cases like Google Shopping, ebooks on Amazon or Uber have been widely debated. It is precisely those cases that inspired the Commission to initiate works on new regulations intending to reinforce the protection of small and micro businesses in the Internet.

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Newsletter IP law 5/18

NUTRITION AND HEALTH CLAIMS – WHAT DO THEY GO WITH?

Legal requirements concerning food advertising differ significantly from those applicable to other products. On account of an important sphere under protection, i.e. human health, the EU legislator has undertaken special steps in order to ensure that promotion of such products does not compromise such an important legal interest. The European Commission is planning on strengthening consumers’ position against businesses. To this end, it has proposed a number of amendments to EU law.

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Newsletter Competition 4/2018

“NEW ORDER” FOR CONSUMERS ACCORDING TO THE EUROPEAN COMMISSION

The European Commission is planning on strengthening consumers’ position against businesses. To this end, it has proposed a number of amendments to EU law.

 

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Newsletter IP Law 4/2018

HOW TO USE THE IMAGE OF ANOTHER

Using the images of others is nowadays an indispensable part of doing business. Personal image can be lent not only by actors in commercials, whose profession actually entails selling their images, but also by e.g. a managerial team on a corporate website for the purposes of self-presentation, or by famous athletes in computer games. (more…)