Archive for: April, 2007

Copyright law, case VI ACa 1012/2005

April 22nd, 2007, Tomasz Rychlicki

The Appellate Court in Warsaw in its judgment of 14 March 2006, case file VI ACa 1012/05, published in the Jurisprudence of Appellate Courts (in Polish: Orzecznictwo Sądów Apelacyjnych) of 2007, No 12, item 36, p. 56, held that when it comes the legal protection of the author’s work it does not matter how the infringer came into the possession of the work, or how the work arrived to him, in particular, it does not matter that the work, which is the subject of the infringement came to the infringer as unsolicited correspondence sent electronically, the so-called spam. The protection is not only afforded to the well known creator, whose works are published in big numbers, but to anyone whose rights to a protected work have been infringed in any possible way, copyright law makes no distinctions in the field of protection depending on the value of the work and the recognition enjoyed by the author.

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

Trade mark law, case I CK 626/04

April 14th, 2007, Tomasz Rychlicki

Jerzy Gojawiczyński owns the word-figurative trade mark ALE KINO! R-113226, registered for advertising and printing services in Class 35 and 42. Canal + Cyfrowy Spółka z o.o. is a broadcaster of a specialized TV program called “Ale Kino”, in which the company places also ads. Mr Gojawiczyński sued for trade mark infringement.

R-113226

The Supreme Court in its judgment of 17 February 2005 case file I CK 626/04 held that the use of a registered mark in the course of trade by other entrepreneurs will be deemed as a violation of the provisions of the Industrial Property Law only if it is associated with the continuity of such activity, and when it is done effectively in business, i.e. outside the company, where it can be recognized and associated by consumers. The mere use of the trade mark within the company, especially one-time use or shortly periodic, is not deemed as a trade mark infringement.