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Standing of intellectual property collective rights-management bodies to bring an action for copyright infringement
According to Article 4(c) of Directive 2004/48 on the enforcement of intellectual property rights, persons entitled to request the application of the measures, procedures and remedies (provided for in this Directive) are intellectual property collective...
Interview with Monika Żuraw, PhD, the Founding Partner of Żuraw Pikora & Partners, in the „50 High Business Profiles” publication
We are pleased to share with you the interview with Monika Żuraw, PhD, the Founding Partner of Żuraw Pikora & Partners that was included in the publication "50 High Business Profiles" prepared by Businesswoman & life Magazine in a book format published for the...
IP Alert: A lower amount of court fees for summons for amicable settlement in Poland
A lower amount of court fees for summons for amicable settlement in Poland On September 28, 2023, amendments to the Law on Court Costs in Civil Cases in Poland went into effect. According to the newly introduced Article 23a of the Law, the maximum fee...
IP Telegram: Recent Judgment of the EU General Court on the similarity of two graphic trade marks
Judgment of the General Court of the European Union of 25 October 2023 in Case T-773/22 on the similarity of two graphic trade marks which represent a dachshund In October 2023, the General Court of the European Union delivered a landmark judgment reshaping the...
CJEU adjudicated on the punitive terms of imprisonment in a trademark infringement case
Criminal liability for infringement of intellectual property rights is not unified under EU law. Nevertheless, in its most recent judgment, the CJEU commented on such liability and ruled that the threat of imprisonment should not be too high due to the provisions of...
Judgment of the General Court on the Community design of a set of socks and its packaging
The Court dismissed an appeal against the May 20, 2022 decision of the EUIPO Board of Appeals. EUIPO brought by Cyprian Iwuć in a case for the invalidity of the Community design of Xangzhou XiangHui, a company based in China. The design was challenged primarily for...
Jurisdiction over a distribution agreement between infringers from different EU member states
On 7 September 2023, the CJEU ruled in Case C-832/21 on a motion for a preliminary ruling under Article 267 of the Treaty on European Union filed by Oberlandesgericht Düsseldorf (the Higher Instance National Court in Düsseldorf, Germany). The Higher Instance National...
When is it appropriate to declare bad faith? A case study from the poultry market in Poland
On September 6, 2023, the EU General Court ruled in Case T-312/22 concerning the RED BRAND CHICKEN trademark (EUTM 13 068 861) and invalidated EUIPO's decision that the below-presented EUTM 13 068 861 trademark was registered in bad faith. The parties in dispute...
Polish Policy on AI
Poland has not yet promulgated any legal acts regulating artificial intelligence due to the fact that – like in many other EU member states – the legislators are waiting for the adoption of relevant EU regulations, i.e. the AI ACT and the Artificial Intelligence...
Legal Disputes over AI
As we have indicated, in the current state of law, as a rule, works created with the use of AI will not constitute works within the meaning of copyright law. Meanwhile, their creation may often lead to infringement of third-party copyrights. 1. Copyright infringement...
The Development of Artificial Intelligence versus Copyright Law
The technological revolution associated with the development of artificial intelligence has made it more and more difficult to distinguish between a human created work and a work generated by AI. Hence, we invite you to read the most recent addition to our series of...
ChatGPT – A new dimension of reality?
The huge popularity of this application by OpenAI is proven by the numbers. Published on 30 November 2022, ChatGPT had its first million users in just five days, and 100 million users after only two months! What is it, how does it work, and what are ChatGPT plugins?...
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