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intellectual property

IP courts: Change in regulations on information claims from 1 July 2020
In our series of articles on IP courts, we cover the key changes under the amendment to the Civil Procedure Code in cases involving protection of intellectual property. We previously wrote about introduction of the new separate procedure and on applications to preserve, present and disclose evidence. Now we analyse the most important changes involving information claims.
IP courts: Change in regulations on information claims from 1 July 2020
IP courts: Will it be easier to prove infringements?
As we recently discussed, on 1 July 2020 provisions introducing a new type of separate procedure in intellectual property cases will enter into force, as well as new institutions designed to strengthen the protection of IP rights and harmonise the provisions implementing the IP Enforcement Directive (2004/48/EC), which have been dispersed around several different acts of Polish law. Among other things, this will change the rules for preserving evidence of infringement. It will also be possible to demand that evidence be produced or turned over.
IP courts: Will it be easier to prove infringements?
Legal aspects of the video game industry
The video game development sector has grown rapidly in recent years. With the spread of smartphones, new business models, and distribution platforms, the market for video games has taken off, becoming a key sector of the creative industry. Its growth stirs the imagination and appetite not only of game producers and publishers, but also of the biggest companies in sectors like IT and film, who are increasingly oriented toward the game market. It is also a promising field for investors, particularly from Asia. The industry’s growth has not even been slowed by the COVID-19 pandemic. To the contrary, the industry has taken advantage of this time to reinforce its position and achieve new growth.
Legal aspects of the video game industry
Humvee, iPhone, Pip-Boy: Can real-life items be depicted in video games?
Video game designers often place the narrative of their games in contemporary or historical times. This requires them to base elements in the game on items familiar from the real world, such as vehicles, clothing, jewellery, weapons, foods and electronics. Can such depictions be freely used in games, or is consent required?
Humvee, iPhone, Pip-Boy: Can real-life items be depicted in video games?
IP courts: Changes in proceedings for protection of intellectual property
The latest amendment to the Civil Procedure Code enters into force on 1 July 2020, aimed at creating specialised courts handling intellectual property matters.
IP courts: Changes in proceedings for protection of intellectual property
Must car-rental companies pay royalties to collective management organisations?
If a rental car is equipped with a radio, should the rental company pay royalties to a collective rights management organisation? The Court of Justice recently addressed this issue.
Must car-rental companies pay royalties to collective management organisations?
Video-sharing platform services: What will change with implementation of the amended Audiovisual Media Services Directive?
14 listopada 2018 r. Parlament Europejski przyjął nowelizację dyrektywy o audiowizualnych usługach medialnych („dyrektywa AUM”). Jedną z głównych zmian jest wprowadzenie definicji usługi platformy udostępniania wideo. Kto może zostać uznany za dostawcę takiej platformy i z czym się to wiąże?
Video-sharing platform services: What will change with implementation of the amended Audiovisual Media Services Directive?
Is a warehouse operator responsible for storing counterfeits?
The CJEU held that a company that only stores goods without knowing they are counterfeits does not infringe trademarks. So can logistics operators sleep easy? Not really.
Is a warehouse operator responsible for storing counterfeits?
Soap commercials: Intellectual property disputes during the COVID-19 pandemic
The rapid boom in cleaning products suggested that this could be a sector where the first coronavirus-related IP disputes might arise. And so it has proved.
Soap commercials: Intellectual property disputes during the COVID-19 pandemic
If you use a trademark in Spain, you are also using it in the European Union
Genuine use of a trademark in the EU as a whole may be proved in certain circumstances by showing use of the mark in a single member state.
If you use a trademark in Spain, you are also using it in the European Union
“Dungeons” similar to “Dungeons & Dragons”
Are computer games still a niche product, or have they entered the mainstream? The possibility of registering a trademark similar to an earlier mark turns on this issue.
“Dungeons” similar to “Dungeons & Dragons”
Use of an individual’s image in the media: A question of consent
A person’s image, in the sense of a physical picture of an individual, is subject to protection as a personality right and as personal data. The rule under Art. 81 of the Polish Copyright Act is that a person whose image is fixed must consent to dissemination of the image. Fixation of an image includes capturing of the whole or part of a person’s profile, through any means—photo, film, drawing, painting, or portrait—enabling identification of the person. Dissemination of an image means any form of publication, i.e. making it accessible to an unlimited set of recipients, as in the case of media access. It is irrelevant whether use of the image is aimed at generating financial gain.
Use of an individual’s image in the media: A question of consent