NEWS
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A Czech court rules on copyright to a work generated by AI
Artificial intelligence is becoming more and more prominent in the sector of music, literature and, as a matter of fact, in most fields that require a creative approach to any task or issue so far reserved exclusively for humans. It was therefore only a matter of time...
Invalidation of trademark rights due to the reputation of the earlier mark
Flegamina, which comes in the form of syrup as well as tablets, is a well-known medicine in Poland for upper respiratory tract infections. Advertisements of this pharmaceutical product have been in the press or on television for many years. The latest decision of the...
Long awaited AI Act enacted by the European Parliament
The enactment of the AI ACT On 13 March 2024, the European Parliament passed the Artificial Intelligence Act (the so-called AI Act), which has long been a significant focus of attention for many technology companies. A large majority of MEPs voted in favour of the AI...
IP Telegram: Puma’s Community design invalidated
Our new IP Telegram concerns the EU General Court’s decision on Community design belonging to a famous shoe company. Recently, the General Court dismissed the action of Puma whose design was previously invalidated by the EUIPO. What makes this case more interesting...
The burden of proof in another case before the CJEU
On 18 January 2024, the CJEU handed down its judgment in Case C-367/21 on request for a preliminary ruling from the Warsaw Regional Court. In its judgment, the Court indicated the possibility of reversing the burden of proof in case of exhaustion of EU trademark...
Decision on the figurative sign representing the Palace of Culture and Science
On 6 February 2024, the Adjudicating Body of the Polish Patent Office handed down its decision on a motion to cancel the protection right for a figurative mark depicting the building of the Palace of Culture and Science in Warsaw: The Palace was built in the 1950s,...
The Ideas Powered for Business SME Fund is back in 2024, offering grants to SMEs to protect their intellectual property rights
Great news for SMEs in the EU! The Ideas Powered for Business SME Fund is back in 2024, offering grants to small and medium-sized enterprises to protect their intellectual property rights. With over €20 million allocated, the Fund will be active from January 22nd,...
The CJEU revisits the issue of limitations on trademark rights
The CJEU recently ruled on the significant issue of limitations on trademark rights. In its ruling of 11 January 2024 handed down in case number C-361/22, the CJEU interpreted Article 6(1)(c) of the now-defunct First Council Directive 89/104/EEC of 21 December 1988...
IP Telegram: Prada’s triangle pattern devoid of any distinctive character
Prada's Triangle Pattern Faces Registration Hurdles Our latest IP Telegram unpacks the recent decision by the EUIPO Board of Appeals on Prada's attempt to register its iconic triangle pattern as a trademark. In a landmark ruling on 19 December 2023, the Board...
EXPERT OPINION: Bad faith in Polish Trademark Law. Comments in the light of EU law
Legal framework According to the Polish Industrial Property Law, bad faith is an absolute ground for invalidating a trademark protection right (Article 164) (the same as in EU law). In addition, it also constitutes an absolute bar to trademark registration (Article...
Monetary claims in IP disputes in Poland – the so-called atonement fee
Many regard Poland as a jurisdiction where it is relatively difficult to seek damages in IP and fair competition infringement cases, mainly due to strict evidentiary requirements. Hence, in many cases, only non-monetary claims are pursued. Consequently, sanctions for...
EU Regulation on geographical indications for craft and industrial products
On 16 November 2023, Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 entered into...
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