23.10.2015
NEW TECH & INNOVATIONS
Un(safe) harbor?
The judgement of the Court of Justice of 6 October 2015 (case No C-362/14) on the “Safe Harbor ” program still resounds. We provided the background for this case earlier on our blog when the Court initiated the procedure.The Safe Harbor program was developed between the US Trade Department and the European Commission to enable certified [...]
14.07.2015
ADVERTISING & EVENTS
Are three months one year? Intervention by the President of the Office of Competition and Consumer Protection in the case of free software
The publisher of PC Format may have misled consumers as to the rules regarding the use of anti-virus software distributed with its magazine. The President of the Office of Competition and Consumer Protection (UOKiK) reached this conclusion in decision no. RWA-3/2015 of June 19, 2015. The proceedings against Wydawnictwo Bauer – the publisher of PC [...]
07.07.2015
ADVERTISING & EVENTS
Communication with the Office of Competition and Consumer Protection prior to and during the proceedings
In order to meet the expectations of the market and to fully implement the elementary rules of administrative procedure, the Office of Competition and Consumer Protection (“UOKiK”) has provided a number of facilities for entrepreneurs who are or will be a party to proceedings before the President of UOKiK in the scope of communication with [...]
23.06.2015
FASHION, CULTURE & ART
Triple the amount of respective remuneration is unconstitutional!
The Constitutional Tribunal has determined that triple the amount of respective remuneration in the case of culpable infringement of copyright is unconstitutional (file no. SK 32/13). This right was provided for in Article 79(1)(3)(b) of the Copyright and Related Rights Act and allows demanding the payment of triple the amount of respective remuneration for illegal, [...]
21.05.2015
FASHION, CULTURE & ART
Multiple the amount of respective remuneration under the copyright law prior to CJEU
A common request for payment in multiples of the amount of respective remuneration for the unlawful use of another person’s work is a widely debated problem in the jurisprudence. The right in question has been provided for in Article 79(1)(3)(b) of the Copyright and Related Rights Act and since the very beginning has stirred a [...]
26.03.2015
ADVERTISING & EVENTS
Unsolicited commercial information following consumer law amendment
On December 25, 2014 the Consumer Rights Act of May 30, 2014, intended to increase the scope of consumer interest protection, entered into force. Its enactment was accompanied by concern about the legality of sending inquiries for consent towards being sent commercial information, which was previously a common practice. This issue was previously covered by [...]
23.03.2015
FASHION, CULTURE & ART
The mythical 4 bars limit - an inquiry on music plagiarism
The recent judgment by thejury in the Federal District Court in Los Angeles , concerning the hit song “Blurred Lines,” did once again remind us that even musicians from newspaper front pages are likely to reach for someone else’s work, and by doing so – commit plagiarism. The last year’s song by Robin Thicke and [...]
12.03.2015
ADVERTISING & EVENTS
CEA: “No” for cider advertising on Instagram
An Instagram account about the cider of the Cider Inn violates the Code of Ethics in Advertising – so follows from the resolution by Commission of Ethics in Advertising (“CEA”) of February 25, 2015 that addressed the consumer complaint against the cider producer. The applicant noticed that in a nation-wide medium, which Instagram undoubtedly is, [...]
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