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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 [...]

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 [...]

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, [...]

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 [...]

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 [...]

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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