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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 II GSK 15/05

April 14th, 2007, Tomasz Rychlicki

The Polish Patent Office invalidated the registration of the word-figurative trade mark MISS POLONIA R-132202 owned by Von Laube Aldona A. Firma MISS POLONIA. The request was filed by Biuro Miss Polonia sp. z o.o. Both parties filed complaints against this decision.

The Voivodeship Administrative Court in Warsaw in its judgment of 23 June 2004 case file II SA 3424/02 dismissed it. The Court noted that the PPO mentioned that in countries where the so-called disclamation rule exists, words such “miss” or “miss polonia” would be excluded from the protections. The disclamation is based on identifying which elements that are part of a registered trade mark should not be protected and deemed as informational sings or the part of such a sign. This rule is not known in Poland, therefore, the owners of word-figurative trade marks often think that the protection of their trade mark includes figurative phrases that have informational nature.

The Supreme Administrative Court in its judgment of 30 March 2003 case file II GSK 15/05 dismissed cassation complaints filed by both parties.

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.