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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?...
Draft EU directive on liability rules to artificial intelligence
The main objective of the Directive is to simplify claiming damages in the event of damage caused by AI. It will apply to persons who have incurred damage caused by an outcome produced by an AI system or by the fact that such a system failed to produce an outcome...
Proposal for a Regulation on Artificial Intelligence (AI ACT)
Proposal for a Regulation on Artificial Intelligence (AI ACT) The Explanatory Memorandum of the proposal for the AI ACT indicates that the main objective of the document is to ensure safe development of artificial intelligence and to minimise the risk of misuse of AI...
Artificial intelligence – what is it?
What is artificial intelligence - background information Artificial intelligence (AI) is a fast-growing group of technologies with the potential to deliver a wide variety of socio-economic benefits across all industries and areas of social activity. It is the ability...
CJEU deals with the scope of counterclaim under Polish law
The CJEU determined that a counterclaim for cancellation of a right to an EU trademark raised in a case for infringement case may concern the entirety of the rights that the owner of that trademark derives from the registration. Thus, a counterclaim is not limited in...
Copyright and satellite television
The provider of satellite television broadcasting services must obtain permission from copyright holders to distribute works. The problem arises when the provider of such services is based in a different country from the recipients of its channels. A similar case was...
CJEU: requirement of unanimous decision of co-owners for licensing depends on national law
In a judgment dated April 27, 2023 (ref. C-686/21), the CJEU considered a preliminary question from an Italian court, which wondered whether, under EU law, the unanimity of co-owners of a trademark is necessary for the granting of a license. The Court ruled that this...
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