03.07.2015
FASHION, CULTURE & ART
Can athlete-entrepreneurs finally breathe a sigh of relief after the decision of the Supreme Administrative Court? And what about authors and artists?
The Supreme Administrative Court (“SAC”), in an extended panel of seven judges, ruled in favor of athletes conducting business activity. It seems that this multi-year dispute with tax authorities regarding the possibility of declaring income generated by athletes (and, perhaps, also by other professional, especially in art-related areas) in non-agricultural business activity has finally come [...]
26.06.2015
NEW TECH & INNOVATIONS
The pros and cons of innovation in programs financed by the EU
In recent years, innovation has become one of the most commonly used terms determining the strategic direction of EU policies and Polish development strategy. What’s particularly important, in perspective of the 2007 – 2013 budget (especially in the case of Operational Program Innovative Economy) innovation has also become, at least formally, one of the main [...]
24.06.2015
NEW TECH & INNOVATIONS
Crowdfunding – Let’s build it together!
Have an idea, but no funds to realize it? Not a problem, crowdfunding comes to the rescue! The idea is simple – a virtual society provides funding to a project initiator, and such initiator in exchange (depending on the type of crowdfunding in question) offers appropriate benefits to backers (tickets, meetings, gadgets) or grants shares [...]
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, [...]
10.06.2015
ADVERTISING & EVENTS
Can tea have the flavor of vanilla? – The Court of Justice of the EU examines
An average, adequately informed and sufficiently careful and reasonable consumer may find it sometimes quite difficult to tell what exactly it is that he/she puts in his/her shopping basket. The situation is no different in the case of a “fruit” tea named “Felix – raspberry and vanilla adventure”, made by the Teekanne company, whose packaging is [...]
03.06.2015
BRAND & DESIGN
A calorie-related dispute between Nestle and Cadbury – protection of the shape of food products
The external appearance of products is one of the most important elements in the promotion and marketing strategy employed by companies. Roundness, protrusions or indentations thanks to the legal protection they enjoy may become an exceptionally valuable part of the product. Taking into consideration the potential of appropriate product design, one electronics industry giant – [...]
28.05.2015
BRAND & DESIGN
Black clouds over Skype…
Skye terrier, skylab, skylight, Skywalker, and the list goes on… but let’s focus on two words: “Sky” and “Skype”. Although these are two separate words, according to the Court of the European Union they are similar enough to prevent Microsoft from registering “Skype” as a trade mark. The IT giant from Redmond, Washington ,, from 2011 [...]
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 [...]
20.05.2015
NEW TECH & INNOVATIONS
Office of Competition and Consumer Protection: A receipt could come in handy, but it is not by all means necessary…
When we buy something in a shop, it can turn out the product we bought is defective. In such case, we, as consumers and independent of the entrepreneur, may exercise our right of complaint in the form of warranty (in every circumstances) or guarantee (if granted). In practice , we may demand the goods be [...]
18.05.2015
ADVERTISING & EVENTS
Lady without an ermine, but on Facebook. About the use of classic works of art in advertising
“I’m already late and my nail polish still isn't dry”, „”Welcome to my Instagram”, “Shall I eat or post on FB […]”…; these and some other slogans “complement” works of art in the advertising campaign celebrating the 400th anniversary of the Grolsch brand. Slogans – reminiscent of memes – comment on scenes depicted from the [...]
11.05.2015
FASHION, CULTURE & ART
Permitted photography part 2 – pictures and the image of persons photographed
In contrast with the citizens of North Korea and some other similar places on the globe, we are living in a legal system in which photography is, as a rule, permitted. When taking pictures on the street, we shouldn’t expect being charged with the disclosure of state secrets or propagating foreign, unacceptable values. In the [...]
04.05.2015
FASHION, CULTURE & ART
Art feeds on art, i.e. it adapts, borrows, copies and is inspired
An exhibition entitled “Cannibalism? On appropriations in art” is currently being held at the Zachęta National Gallery of Art in Warsaw. This exhibition deals with the adaptations, sampling, borrowing and processing of culture. One could say: “art feeds art” which is a notion that led to the creation of so called “appropriation” art. From the [...]
