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FILM, MEDIA & GAMING
Liability for disseminating disparaging content on the Internet
According to the report of the Central Statistical Office entitled "Information society in Poland in 2021", published on 21 February this year [1], last year 92.4 percent of Polish households had access to the Internet. Unfortunately, as the number of Internet users increases, so does the potential scale of infringements of third-party rights online, which [...]


NEW TECH & INNOVATIONS
Decompilation of a computer program to remove errors
There are no computer programs that run faultlessly. Sooner or later there will be errors that need to be fixed. In many cases this will mean that changes will have to be made to the source code of the software, i.e. the original form of writing a computer program. However, except in the case of [...]


PERSONAL RIGHTS AND MEDIA CRISES
Does the sale of used electronic books (e-books) require the consent of the author?
Although e-books account for only 3-6% [1] of the book market in Poland, according to publicly available data, people choosing a digital book read almost three times more than readers of printed books. At this point, the question arises – can used e-books be legally purchased? On 19 December 2019, the Court of Justice of [...]


BRAND & DESIGN
Rights of the licensees of EU trademarks and Community designs in the light of the Court of Justice judgments
This year, the CJEU has issued two important rulings on the rights of EU trademark and Community design licensees. These interpretations are undoubtedly beneficial for the licensees. They take into account not only a literal interpretation of the provisions, but also their context and objectives. CJEU judgments concern the right of the licensees of EU [...]


BRAND & DESIGN
Will Rubik’s Cube share the fate of LEGO blocks?
More than 40 years have passed since Ernő Rubik created his magical cube (hun. bűvös kocka) in 1974. Within that time, many techniques and ways of solving the cube have been developed, whereby competitors break speed records solving the cube, with speedcubing (speedsolving) enjoying unflagging popularity. Registering the shape From a legal point of view, [...]


NEW TECH & INNOVATIONS
Can hyperlinking violate copyright law?
The continuation of cases concerning hyperlinking. A question has been raised before the Court of Justice of the European Union as to whether providing a hyperlink to unlawful content constitutes a breach of law. At the beginning of 2016, Melchior Wathelet, Advocate General at the Court of Justice, issued an opinion concerning , stating that [...]


BRAND & DESIGN
Are the stripes on sports shoes reserved only for Adidas?
Adidas may well be the most known and recognizable brand for sports shoes and clothes in the world. The famous three stripes by Adidas are probably well known to everyone. However, choosing banal and popular pattern as the mark for your products, you will probably face similar ideas by competitors. Adidas has been challenging them [...]


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 [...]


FASHION, CULTURE & ART
From Solférino to Luxembourg: The spirit of The Angelus painting before the Court of Justice of the European Union
Droit de suite.  The Orsay Museum, one of the top three museums in Paris, is located on the left bank of the River Seine, close to the “Solférino” metro station. There one can admire the most famous painting by Jean-François Millet – The Angelus (L’Angelus). It represents a 19th century European trend towards folklore and [...]


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