Archive for: April, 2006

Trade mark law, case II SA 2971/01

April 28th, 2006, Tomasz Rychlicki

The Voivodeship Administrative Court in Warsaw in its judgment of 3 MArch 2002 case file II SA 2971/01 held that the allegation of illegality, which is being a prerequisite for inadmissibility of trade mark registration, does not only concern a trade mark itself. This issue has already been explained by legal commentators, who argued that it is not only a conflict with the law or rules of social coexistence of the trade mark itself (its content), but also the unlawful use of the trade mark, i.e., certain actions and intentions of the person who applied for the trade mark registration. See R. Skubisz, Prawo znaków towarowych. Komentarz (in English: Trade mark law. Commentary), Warszawa 1997, pp. 74-75.

This understanding of the registration of a trade mark violated the principles of social coexistence. The circumstances of the disputed case have indicated that the party who filed a complaint against the decision of the Polish Patent Office in which the right of protection was invalidated, was acting in bad faith when it applied for the registration. This case concerned the invalidation proceedings of BELET R-109473 trade mark registered for Belet-Polska Spółka z o.o. from Poznań.

Copyright law, III CSK 40/05

April 26th, 2006, Tomasz Rychlicki

The Supreme Court – Civil Chamber in it judgment of 13 January 2006, case file III CSK 40/05, published in the Supreme Court’s Bulletin of 2006, No 3, the “Wokanda” magazine of 2006, No 6, p. 6, the Review of Economic Legislation (in Polish: Przegląd Ustawodawstwa Gospodarczego) of 2006, No 7, p. 32, held that the expression of human intellectual activity which lacks adequate individuating characteristics, i.e. that it would distinguish it from other products of similar nature and purpose, cannot be regarded as a work that is a subject to copyright protection. The dependent copyright may arise if there already is – and simultaneously exists – the right to the “original/primary” work, which was creatively worked out by a person who claims the right to dependent copyright.

See also “Polish regulations on copyright” and “Polish case law on copyright“.

Tax law, case USPP-IV-440/30/06/P-I/23717

April 21st, 2006, Tomasz Rychlicki

The Tax Office in Chorzów in its interpretation of 27 marca 2006 case file USPP-IV-440/30/06/P-I/23717 held that publishing of a computer program free of charge via the Internet with the possibility of its use by all, is not based on legal title, indicating the obligation for service and the salary and the amount of donations is not dependent on the service, so actons of the applicant cannot be deemed as performed for remuneration. Furthermore, there was no reason to believe that these actions were services provided free-of-charge and therefore this activity is not subject to tax on goods and services.