01.12.2017
PERSONAL RIGHTS AND MEDIA CRISES
Careful with ‘liking’?
‘Like’ – the symbol of a thumb raised with the words ‘I like it!’ – has revolutionized social media. Expressing emotions on the web has never been as easy as it is now – all you need is just one click. Not surprisingly, the average use of this button on websites is several billion a [...]
22.11.2017
ADVERTISING & EVENTS
Liability of an event organizer for damages
Event organization is in most cases a complex undertaking preceded by long preparation. But even the best planning can not prevent liability from the possible damages and financial consequences associated with them. The organization's liability for damages from the event is a very broad subject. This article only covers selected cases of damage and basic [...]
16.11.2017
BRAND & DESIGN
Patent protection of medical products in Poland
The patent protection of a medical product lasts 20 years. However, the time-consuming process of registering drugs results in the fact that the manufacturer of the patent-protected drug takes advantage of the patent monopoly for a much shorter time. For this reason, instruments have been introduced by which pharmaceutical companies can benefit from market exclusivity [...]
26.10.2017
NEW TECH & INNOVATIONS
Revolution in GDPR data protection – Polish acts drafted
Dear Readers, Preliminary drafts of the new Polish acts concerning the processing of personal data, which will be a supplement to EU Regulation No. 2016/679 (the so-called GDPR) have been posted on the government’s websites. The new “Personal Data Protection Act” – reduced by the personal data processing rules, which were transferred to the GDPR [...]
29.09.2017
BRAND & DESIGN
“J'adore” vs. “A Adoration” — a privileged status of reputable trademarks[1]’ owners
The idea to share some reflections on the concept of reputation of a trademark and the status of reputable trademarks was inspired by the judgment of the Supreme Administrative Court in June (Ref. II GSK 2782/15). It concerned the refusal of the Polish Patent Office to recognize the opposition of Parfums Christian Dior from Paris [...]
13.09.2017
BRAND & DESIGN
Can color be registered as a trademark?
Registration authorizes the owner to an exclusive use of their trademark. In the light of EU regulations, a trademark may consist of any sign or graphic form, but it must have elements that distinguish it from the goods and services of another entrepreneur. Is a red sole created by a French designer a sufficient feature [...]
06.09.2017
NEW TECH & INNOVATIONS
Mobile app locating. How to comply with the regulations?
We have recently seen among EU institutions increased legislative activity aimed at strengthening the right to privacy of citizens. Two new EU regulations come to fore: General Data Protection Regulation (GDPR) and Regulation on Privacy and Electronic Communications (ePrivacy), which are to enter into force in May 2018. They will replace the long serving directives [...]
23.08.2017
PERSONAL RIGHTS AND MEDIA CRISES
Images of persons captured during events: principles of exploitation
Any organizer of a corporate event, concert, outdoor event, conference, etc., will sooner or later face the issue of exploiting images of participants, whether they are artists, speakers, members of staff or guests themselves. First, it must be emphasized that the right to one's image is part of personal rights, to which every human being [...]
06.07.2017
BRAND & DESIGN
The Supreme Court gives a green light for the registration of vulgar trademarks
Just over two weeks ago, the US Supreme Court issued a ruling that shocked the public. In the Matal vs. Tam case[1], the judges ruled the Lanham Act was unconstitutional. The Act constituted the basis for the United States Patent and Trademark Office to refuse to register trademarks containing derogatory, offensive or vulgar elements against [...]
21.06.2017
BRAND & DESIGN
Fictional characters and titles as European Union trademarks
Some fictional characters and titles are brands in themselves, so using them as word trademarks may seem a natural consequence of this. What if we would like to register the name of a well-known hero or the title of a book or movie as a European Union trademark? The EUIPO website in an optimistic manner [...]
18.05.2017
FILM, MEDIA & GAMING
How long should one wait to sue an American film studio?
In the United States, dispute timing is not as simple a concept as in Poland. In addition to the regulations called the statute of limitations, there is also the doctrine of laches applied by courts which prevents pursuing claims in the cases where it would cause substantial harm to the defendants. However, US courts do [...]
11.05.2017
NEW TECH & INNOVATIONS
Are instructions for an insurance package a copywritable work?
The Supreme Court has found that the idea of an insurance package written in the form of instructions for its use is a work and is subject to copyright protection. It is worth noting that a concept or an idea does not constitute a work within the meaning of the provisions of the Copyright and [...]
