Archive for: Polish Appeallate Court

Trade mark law, case V ACa 469/07

January 7th, 2008, Tomasz Rychlicki

The District Court in Częstochowa in its judgment case file V GC 83/04, and the Appellate Court in Katowice in its judgment case file V ACa 469/07, ruled that the name DELICJE (better known by English readers as Jaffa cakes) is not a distinctive sign. This ruling ends long standing legal battle that was started by Lu Polska S.A. (owned by Kraft Food) against other five Polish companies. However, this judgment is not consistent with other courts’ decisions regarding the trade mark Delicje R-70513. The District Court in Warsaw ruled on 27 march 2007, that Tago Company, owned by Tadeusz Gołębiowski, which produces jaffa cakes under different brands such as Delicje, Delicje Mazowieckie, Delicante and Fruktolicja, infringed on Lu Polska’s trade mark.

Copyright law, case VI ACa 210/07

September 26th, 2007, Tomasz Rychlicki

The Appellate Court in Warsaw in its judgment of 29 June 2007, case file VI ACa 210/07, published in the electronic database Legalis, held that photographs that were taken when a movie was shoot do not need to be treated as derivative works of an audiovisual work (the movie).

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

Access to public information, case V Ca 454/07

July 30th, 2007, Tomasz Rychlicki

Sergiusz Pawłowicz who was also the leading programmer of Janosik project, went the same administrative proceedings as the ISOC Poland. See “Access to public information, case OSK 600/04“. At the final stage the Supreme Administrative Court dismissed Sergiusz’s complaint on the decision of the Voivodeship Administrative Court case file II SAB/Wr 72/02, recognizing that the proper course shall be a civil action.

Sergiusz filed a complaint requesting the civil court to order ZUS to disclose specification of KSI MAIL protocol being public information. The Regional Court in Warszawa in its judgment of 8 December 2006 case file XVI C942/04 ruled that publication of the protocol that is used by Płatnik software will not affect in any way the integrity of safety of data sent by this software. Therefore all arguments raised by ZUS with regard to data security were unfounded. The Court also held that ZUS did not prove that the protocol of KSI MAIL is protected by copyrights that belongs to Prokom Software S.A. or whether Prokom received any patent covering this protocol. As for the argument that ZUS’s obligations regarding confidentiality of information about technologies used in Płatnik and its source code, which resulted from the agreement between ZUS and Prokom, the court held that according to the obligation to disclose public information as provided in the Article 13 of the Polish Act of 17 February 2005 on the Informatization of Entities Performing Public Tasks – IEPPT – (in Polish: ustawa o informatyzacji działalności podmiotów realizujących zadania publiczne), published in Journal of Laws (Dziennik Ustaw) No 64, item 565 as amended, the provision of the agreement as a ius dispositivum, may not impose negative consequences on Sergiusz. The court also held that the use of the requested public information and legal interest that Sergiusz and its legal representative derrived from the social interest was beyond the scope of the whole dispute. Simply, there is no need to prove legal interest when requesting the access to public information.

ZUS filed an appeal complaint. The Appellate Court in Warsaw in its judgment of 23 April 2007 case file V Ca 454/07 dismissed it. The Court held that the court of first instance provided deep and proper analysis of binding legal norms and its judgment was correctly applied.

Copyright law, case I ACa 668/06

July 18th, 2007, Tomasz Rychlicki

The Appellate Court in Warsaw in its judgment of 14 May 2007, case file I ACa 668/06, published in the Jurisprudence of Appellate Courts (in Polish: Orzecznictwo Sądów Apelacyjnych) of 2008, No 12, item 39, p. 48, held that a trivial and simple language phrase being a short fragment of popular “Baśka” song and not being a citation or borrowed quote, that was included in the disputed advertisement, and at most being an inspiration and a reference to the distant associations, does not justify the assumption of copyright infringement. The particular freedom concerns the advertising market. Indeed, such activity because of its short forms and the need for articulated skills must operate by abbreviations, references to familiar themes, characters and situations. An advertising is also a trade statement of informational nature, so it enjoys the right to freedom of expression and freedom of information. Restrictions of these rights may occur only to the extent necessary, by third party interests. While preserving the principle of non-transferability of author’s personal (moral) rights, it is permitted to waive of the exercise of these rights by the creator, to third parties, including entrepreneurs.

Polish Patent Office, case I ACa 784/06

June 24th, 2007, Tomasz Rychlicki

The Appellate Court in Poznań in its judgment of 12 December 2006 case file I ACa 784/06 ruled that issues related to the control of the merits of granting the right of protection for utility model have been under the provisions of Articles 6(2) of the Polish Act of 30 June 2000 on Industrial Property Law – IPL – (in Polish: ustawa Prawo własności przemysłowej) of 30 June 2000, Journal of Laws (Dziennik Ustaw) of 2001 No 49, item 508, consolidated text of 13 June 2003, Journal of Laws (Dziennik Ustaw) No 119, item 1117, with subsequent amendments, transferred to the jurisdiction of the Polish Patent Office, which decides on such matters as provided for in Article 255 of the IPL. The civil court has no jurisdiction to evaluate and verify the correctness of the decision of the Patent Office, but is to be bound, because these are decisions issued by the authority in respect of its powers.

Internet domains and trade mark law, case I ACa 1228/05

June 14th, 2007, Tomasz Rychlicki

The Appellate Court in Poznań in its judgment of 26 April 2006, case file I ACa 1228/05, published in electronic database LEX no. 214296, ruled that in the case of a trade mark in the form of a particular word, the word representing a sign it is important, so long as it has the distinctive character and it is possible to distinguish the goods supplied or manufactured by a company from the products of another company. The appearance of a sign that may be represented by letters written in different fonts was less important in the described case. The conclusion that the only the graphic/figurative similarity between the two marks would give a plaintiff the right to assert claims arising out from article 296 of the Polish Act of 30 June 2000 on Industrial Property Law – IPL – (in Polish: ustawa Prawo własności przemysłowej) of 30 June 2000, published in Journal of Laws (Dziennik Ustaw) of 2001 No 49, item 508, consolidated text of 13 June 2003, Journal of Laws (Dziennik Ustaw) No 119, item 1117, with later amendments, would render the protection resulting from this provision purely illusory and would wreck the sense of norms arising from this article.

Article 296
1. Any person whose right of protection for a trademark has been infringed or any person who is permitted by law to do so, may demand the infringing party to cease the infringement, to surrender the unlawfully obtained profits and in case of infringement caused by fault also to redress the damage:
(i) in accordance with the general principles of law,
(ii) by the payment of a sum of money at the amount corresponding to the license fee or of other reasonable compensation, which while being vindicated would have been due on account of consent given by the holder to exploit his trademark.

1a. To the claims referred to in paragraph (1) the provisions of Article 287(2) and (3) shall apply accordingly.

2. Infringement of the right of protection for a trademark consists of unlawful use in the course of trade of:
(i) a trademark identical to a trademark registered in respect of identical goods,
(ii) a trademark identical or similar to a trademark registered in respect of identical or similar goods, if a likelihood of misleading the public, including in particular a risk of associating the trademark with a registered trademark, exists;
(iii) a trademark identical or similar to a renown trademark registered for any kind of goods, if such use without due cause would bring unfair advantage to the user or be detrimental to the distinctive character or the repute of the earlier trademark.

3. The claims referred to in paragraph (1) shall also be enforceable against a person who only puts on the market the goods already bearing that trademark, provided that the goods do not originate from the right holder or from a party authorised by him to use the trademark.

4. When invoking the right of protection conferred by his trademark, the licensor may enforce the claims referred to in paragraph (1) against a licensee who breaches any provision in his licensing contract with regard to its duration and territory covered by the contract, the form covered by the contract in which the trademark may be used, as well as the scope of the goods for which the trademark may be used or the quality of the goods. This shall apply accordingly to the sub-license.

5. A holder of a right of protection for a trademark may enforce the claims referred to in paragraph (1) against a licensee or a sub-licensee in case where the provisions of the sub-license contract, referred to in paragraph (4) have been breached, as well as in the case, where the contract has been concluded in breach of Article 163(2).

The Court also held that the registration of a web site under a given domain name address, and conducting a business activity through, and also its advertising, complete the condition of “trade mark use”.

See also “Polish case law on domain names“.

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“.

Personal interests, case I ACa 564/04

January 25th, 2006, Tomasz Rychlicki

On 2 September 2002, the Polish company Secunda, a publisher of a portal website, posted a link to www.mlode-dupy.w.tertia.pl website on its webpage under the “Entertainment and sex” category in the “Winning websites” section under the name “Young women are the best”. The link to www.mlode-dupy.w.tertia.pl website was described as follows “10 hardcore pictures galleries. One could deal with this issue far better”. The gallery no 3 featured pictures of a woman in a swimsuit, that were made during a photographic session for candidates to advertising campaign. The plaintiff who worked with models agency sued Secunda. She argued that she has never agreed to a distribution of her image, nor received any remuneration for participation in a photo session. The plaintiff noted that a link to the www.mlode-dupy.w.tertia.pl website combined with the recommendation of this site are a form of distribution of the image of a person depicted in photos available on Secunda’s website. The defendant took no steps to ascertain whether the plaintiff consented to distribute these photographs and it did not take any action to obtain such consent, the defendant’s conduct, involving the unauthorized dissemination of the image of the plaintiff on the porno website, violates her image rights and degrade her in the public due to the inclusion of her image in pornographic pictures. Secunda claimed that it has no standing in this case because the infringer was a person who created a gallery available under www.mlode-dupy.w.tertia.pl link.

The District Court in Kraków in its judgment of 26 February 2004 case file I C 2060/03 ruled that Secunda infringed on plaintiff’s personal rights by publishing questioned images. The court said that Secunda was responsible because it had the opportunity to check the contents of the “Winning websites” section, and images contained therein. The editor was responsible for the compilation of recommendations and a link to www.mlode-dupy.w.tertia.pl website, and in this case it was Secunda. Both parties appealed.

The Appellate Court in Kraków in a judgment of 20 July 2004 case file I ACa 564/04 TPP 2004/3-4/155 rejected Secunda’s appeal and changed the lower Court’s decision on damages awarded.

Unfair competition, case I ACa 900/99

September 11th, 2005, Tomasz Rychlicki

The Appellate Court in Katowice in its judgment of 29 March 2000 case file I ACa 900/99, interpreted provisions of article 13 of the Polish Act of 16 April 1993 on Combating Unfair Competition – CUC – (in Polish: ustawa o zwalczaniu nieuczciwej konkurencji), Journal of Laws (Dziennik Ustaw) No. 47, item 211, with subsequent amendments.

Article 13.
1. Imitating a finished product by way of technical means of reproduction, to copy an external image of such product where it may mislead customers as to the identity of the producer or product, shall be the act of unfair competition.
2. Imitating functional features of a product, in particular its make, structure and form ensuring its usefulness shall not be deemed the act of unfair competition. Where the imitation of functional features of a finished product requires including its characteristic form, which may mislead customers as to the producer or product identity, the imitator is under obligation to adequately mark the product.

The Court held that according to the intention of the legislator, the delicts/torts defined in article 13 of the CUC concern not imitation, in general, but only the so-called “slavish imitation” (also referred to as look-alikes, knock-offs or parasitic copying), which is based on copying the external appearance of a product by technical means of reproduction and it creates the likelihood of customer confusion as to the identity of the manufacturer or a product.

Unfair competition, case I ACa 147/99

August 10th, 2005, Tomasz Rychlicki

The Appellate Court in Lublin in its judgment of 27 May 1999 case file I ACa 147/99 ruled that the term “competitive activity” shall mean all actions taken in connection with participation in the market gambling, consisting in achieving maximum benefit from the sale of goods. The court also clarified the provisions of Article 13 of the Polish Act of 16 April 1993 on Combating Unfair Competition – CUC – (in Polish: ustawa o zwalczaniu nieuczciwej konkurencji), Journal of Laws (Dziennik Ustaw) No. 47, item 211, with subsequent amendments.

Article 13.
1. Imitating a finished product by way of technical means of reproduction, to copy an external image of such product where it may mislead customers as to the identity of the producer or product, shall be the act of unfair competition.
2. Imitating functional features of a product, in particular its make, structure and form ensuring its usefulness shall not be deemed the act of unfair competition. Where the imitation of functional features of a finished product requires including its characteristic form, which may mislead customers as to the producer or product identity, the imitator is under obligation to adequately mark the product.

The Court held that according to article 13 of the CUC, it is the important, that the copied outer form of the product creates the likelihood of customer confusion as to the identity of the manufacturer or a product. This situation appears only when the product becomes a commodity, that goes on the market and it’s exposed for sale to buyers.

Press law, case I ACr 159/92

July 28th, 2005, Tomasz Rychlicki

The Appellate Court in Warsaw in its judgment of 2 April 1992 case file I ACr 159/92 held that the name of a newspaper/gazette differentiates such periodical in the course of trade and thus it is deemed as personal right/interests (i.e. intangible personal property) eligible for protection under Articles 23 and 24 of the Civil Code – CC – (in Polish: Kodeks Cywilny) of 23 April 1964, published in Journal of Laws (Dziennik Ustaw) No. 16, item 93, with subsequent amendments.

Article 23
The personal interests of a human being, in particular to health, dignity, freedom, freedom of conscience, surname or pseudonym, image, secrecy of correspondence, inviolability of home, and scientific, artistic, inventor’s and rationalizing achievements, shall be protected by civil law independent of protection envisaged in other provisions.

Article 24
§ 1 The person whose personal rights are threatened by someone else’s action, may require the desist of that action, unless it is not illegal. In the event of the infringement one may also require, the person who committed the violation, to fulfill the actions necessary to remove its effects, in particular, to make a statement of the relevant content and appropriate format. According to the conditions laid down in the Code one may also require monetary compensation or payment of an appropriate amount of money for a social purpose indicated.
§ 2 If as the result of a breach of personal rights one has suffered pecuniary prejudice, the aggrieved person may claim compensation based on general principles.
§ 3 The above shall not prejudice the entitlements provided by other regulations, in particular in copyright law and the patent (invention) law.

Press law, case I ACa 848/99

July 12th, 2005, Tomasz Rychlicki

The Appellate Court in Warsaw in its order of 18 November 1999 case file I ACa 848/99 interpreted the provisions of Article 21 of Polish Act of 26 January 1984 on Press law – APL – (in Polish: ustawa Prawo prasowe), published in Journal of Laws (Dziennik Ustaw) No. 5, item 24, with subsequent amendmets.

A registrar body shall deny the registration if:
[1] the application does not contain data that the Act describes (the daily newspaper’s or the periodical’s title, the seat of the publisher and the exact address of the editorial office, the particulars of the editor-in-chief, the particulars of the publisher, the frequency of publishing of the daily newspaper or the periodical) and

[2] if granting registration would constitute infringement of the right to the legal protection of an existing press title.

The Court held that the APL requires the court to refuse to register for the press title when such registration would infringe the right of protection of the existing title. The mere finding that the name of the journal/newspaper/gazette is convergen with the existing title is not sufficient to refuse registration. The refusal may occur if the convergence violates the right of protection to the existing press title.

Press law, I ACa 216/98

June 10th, 2005, Tomasz Rychlicki

The Appellate Court in Warsaw in the order of 19 May 1998, case file I ACa 216/98, ruled that the refusal to register a press title is allowed when press titles are identical. The protection for the existing press title is based solely on article 21 of Polish Act of 26 January 1984 on Press law – APL – (in Polish: ustawa Prawo prasowe), Journal of Laws (Dziennik Ustaw) No. 5, item 24, with later amendmets.

A registrar body shall deny the registration if:
[1] the application does not contain data that the Act describes (the daily newspaper’s or the periodical’s title, the seat of the publisher and the exact address of the editorial office, the particulars of the editor-in-chief, the particulars of the publisher, the frequency of publishing of the daily newspaper or the periodical) and

[2] if granting registration would constitute infringement of the right to the legal protection of an existing press title.

The Court held that the protection exists only if both names/titles are identical.

Copyright law, case I ACr 453/95

April 26th, 2005, Tomasz Rychlicki

The Appellate Court in Warsaw in its judgment of 5 July 1995, case file I ACr 453/95, unpublished, held that on the grounds of the copyright law one has to oppose the actions of a creative nature against the technical operation and actions. The result of the latter is verifiable and repeatable, and its accomplishment only requires specific knowledge and efficiency. It is possible to predict a specific result of such actions. The feature of creativity, and thus the work itself, is the individual recognition and uniqueness of the accomplished result, in other words, the objective novelty, originality, autonomous creation, the creator’s personality projection as reflected in the work, whose effect is unpredictable, as the final result of the creative work (at least some elements).

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

Copyright law, case I ACr 1191/95

February 26th, 2005, Tomasz Rychlicki

The Appellate Court in Warsaw in the order of 12 December 1995 r. case file I ACr 1191/95 held that the criterion of profitability (activities aimed at profit) is not inherent feature of business/economic activity. Such activity is distinguished because of its professional nature, the associated repetition of actions, subject to the principles of rational management and participation in trade.

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

Trade mark law, case I ACr 770/93

February 24th, 2005, Tomasz Rychlicki

The Appellate Court in Gdańsk in its judgment of 24 November 1993, case file I ACr 770/93, held that the name “Gdańsk” is not the local government unit, which is the “Gdańsk Municipality”, but a geographical name used in Poland and abroad. Foreign language versions are well-established names of Gdańsk, e.g. German – Danzig, Italian – Danzica, Latin – Gedania. Nouns and adjectives form the geographical name are used without restrictions. Restrictions on freedom to use and commercialize the public goods requires introduction of a legal act. However, there is no law limiting the use of the name of the city. In particular, the provision of article 18(1) of the Polish Act of 8 March 1990 on Local Self-government (in Polish: ustawa o samorządzie terytorialnym) Journal of Laws (Dziennik ustaw) of 1990 No. 16 item 1995, as amended, does not authorize the municipal council to restrict the use of geographical names and the introduction of fees for their use. There is another legal basis for such commercialization.

It should be also noted that the names of Polish towns and cities were settled in the Polish Act of 29 August 2003 on the official names of localities and physiographic objects, Journal of Laws (Dziennik Ustaw) No. 166, item 1612, as amended. The name, short name and coat of arms of Capital City of the Republic of Poland are regulated by the Act of 15 March 2002 on the system of Capital City of Warsaw, Journal of Law (Dziennik Ustaw) No. 41, item 361, as amended. In the case of place names, which are both common nouns, the refusal of protection shall be permitted only if the other elements of the trade mark are clear that the applicant refers his sign to the name of the village and not to an ordinary noun (e.g. in addition to the trade mark there is attached a map that identifies a name with a specific town).

See also posts entitled “Trade mark law, case 6 II SA 1156/02“, “Trade mark law, case II SA/Wr 2928/02” “Trade mark law, case VI SA/Wa 1945/05“, “Trade mark law, case Sp. 127/07 and Sp. 254/07” and “Trade mark law, cases VI SA/Wa 1996/08 and VI SA/Wa 1995/08“.

Copyright law, case I ACa 2/96

February 22nd, 2005, Tomasz Rychlicki

The Appellate Court in Warsaw in its judgment of 2 October 1996, case file I ACa 2/96, held that the protection of author’s rights is attributed to the creator of a creative work and can be directed against anyone who infringes on these rights. This is an absolute protection, that is totally independent of whether there existed any contractual relationship between the creator and the infringer. The use of works without permission constitutes an infringement of author’s rights/copyrights.

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

Personal interests, case I ACr 1013/95

February 21st, 2005, Tomasz Rychlicki

The Appellate Court in Warsaw in its judgment of 19 December 1999 case file I ACr 1013/95 held that the reputation of the company is understood as a general positive perception and evaluation of products of such a company that is expressed by the consumers. It may be treated as personal interest/rights of a legal person to which it apply mutatis mutandis, by Articles 23 and 24 f the Civil Code – CC – (in Polish: Kodeks Cywilny) of 23 April 1964, published in Journal of Laws (Dziennik Ustaw) No. 16, item 93, with subsequent amendments.

Article 23
The personal interests of a human being, in particular to health, dignity, freedom, freedom of conscience, surname or pseudonym, image, secrecy of correspondence, inviolability of home, and scientific, artistic, inventor’s and rationalizing achievements, shall be protected by civil law independent of protection envisaged in other provisions.

Article 24
§ 1 The person whose personal interests are threatened by someone else’s action, may require the desist of that action, unless it is not illegal. In the event of the infringement one may also require, the person who committed the violation, to fulfill the actions necessary to remove its effects, in particular, to make a statement of the relevant content and appropriate format. According to the conditions laid down in the Code one may also require monetary compensation or payment of an appropriate amount of money for a social purpose indicated.
§ 2 If as the result of a breach of personal interests one has suffered pecuniary prejudice, the aggrieved person may claim compensation based on general principles.
§ 3 The above shall not prejudice the entitlements provided by other regulations, in particular in copyright law and the patent (invention) law.

These non-economic/non-commercial values by which a legal person may operate on the market in accordance with the scope of its business, are also deemed as its personal rights or interests.

Trade mark law, case I ACa 687/98

February 19th, 2005, Tomasz Rychlicki

The Appellate Court in Katowice in its judgment of 3 March 1999, case file I ACa 687/98, held that the knowledge of a sign among the potential buyers predetermines whether a trademark is well known. However, due to far-reaching specialization of production it cannot be excluded that this range of potential buyers will be limited to a closed group of specialist. Therefore, a well-known trade mark that is recognized by such a group, will not necessarily be known to the average purchaser/consumer, who does not participate in this specialist market.

E-voting, case I ACa 898/00

February 18th, 2005, Tomasz Rychlicki

The Appellate Court in Warsaw in its judgment of 18 September 2001 case file I ACa 898/00 held that e-voting is fully in accordance with the provisions of Article 411 of the Code of Commercial Companies – CCC – (in Polish: Kodeks spółek handlowych) of 15 September 2000, Journal of Laws (Dziennik Ustaw) No. 94, item 1037 with subsequent amendments.

Art. 411. § 1. A share shall carry one vote at the general assembly.
§ 2. The voting right shall arise as of the date the share is paid for in full, unless the statutes provide otherwise.
§ 3. The statutes may limit the voting rights of shareholders controlling more than one-fifth of the total number of votes in the company. The limitation may apply only to the exercise of the voting right on shares above the limit of the votes provided for in the statutes.
§ 4. The statutes may also provide for cumulating of the votes held by the shareholders among whom there exists the relationship of dominance or dependence in the meaning of this or another act, as well as set out the rules for the reduction of the votes. In that case the votes attached to the shares of the dependent company or co-operative shall be added to the votes attached to the shares of the dominant company.

The Court decided that voting with the help of computer technology, meets the requirements of secrecy within the meaning of a provision providing shareholder unfettered opportunity to vote.

Polish case law on domain names

February 12th, 2005, Tomasz Rychlicki

Below you will find a list of judgments on Internet domains. This list does not include judgments and decisions issued by arbitration bodies and authorites. You can find a more detailed discussion on each judgment under the link provided with the case file. All judgments are given in chronological order.

– The judgment of the Supreme Court of 11 December 2013 case file IV CSK 191/13.

– The judgment of the Supreme Court of 9 December 2011 case file III CZP 120/11.

– The judgment of the Appellate Court in Warsaw of 1 April 2011, case file I ACa 1087/10.

– The decision of the Appellate Court in Lódż of 24 March 2010, case file I ACz 232/10.

– The judgment of the District Court in Białystok of 2 March 2010, case file I C 2179/09.

– The judgment of the Appellate Court in Białystok of 6 May 2008, case file I ACz 364/08.

– The judgment of the Appellate Court in Warsaw of 16 April 2008, case file I ACa 1334/07.

– The judgment of the Voivodeship Administrative Court of 30 November 2007, case file II SA/Wa 71/07.

– The order of the Supreme Court of 22 October 2007 case file III CZP 109/07.

– The judgment of the Polish Court of Competition and Consumer Protection of 26 December 2006, case file XVII AmC 170/05.

– The judgment of the Appellate Court in Katowice of 16 June 2006, case file I ACa 272/06.

– The judgment of the Appellate Court in Poznań of 26 April 2006, case file I ACa 1228/05, published in electronic database LEX no. 214296.

– The judgment of the Regional Court for Warszawa-Mokotów, case file II C 1091/04.

– The judgment of the District Court in Łódź, X Commercial Division of 22 June 2004, case file X GC 1245/03.

Personal interests, case I ACa 560/04

February 10th, 2005, Tomasz Rychlicki

The Appellate Court in Katowice in its judgment of 4 November 2004 case file I ACa 560/04 ruled that the company, which in this case was understood as the company name (firm), is often intellectual interest/asset of significant value, which according to the will of the legislature is protected by the law. This is an absolute subjective right which is effective erga omnes, and it’s personal interest/right that is associated with an entrepreneur. The broadest spectrum protection that may be enforced not only in commerce but also may be brought against anyone who is in breach of the interest of entrepreneurs, is provided in Articles 23 and 24 of the Civil Code – CC – (in Polish: Kodeks Cywilny) of 23 April 1964, published in Journal of Laws (Dziennik Ustaw) No. 16, item 93, with subsequent amendments.

Article 23
The personal interests/rights of a human being, in particular to health, dignity, freedom, freedom of conscience, surname or pseudonym, image, secrecy of correspondence, inviolability of home, and scientific, artistic, inventor’s and rationalizing achievements, shall be protected by civil law independent of protection envisaged in other provisions.

Article 24
§ 1 The person whose personal rights are threatened by someone else’s action, may require the desist of that action, unless it is not illegal. In the event of the infringement one may also require, the person who committed the violation, to fulfill the actions necessary to remove its effects, in particular, to make a statement of the relevant content and appropriate format. According to the conditions laid down in the Code one may also require monetary compensation or payment of an appropriate amount of money for a social purpose indicated.

§ 2 If as the result of a breach of personal rights one has suffered pecuniary prejudice, the aggrieved person may claim compensation based on general principles.

§ 3 The above shall not prejudice the entitlements provided by other regulations, in particular in copyright law and the patent (invention) law.

The Court also ruled that if a press title is encroaching a realm of personal property, and if such action violates or threatens the interests of another entrepreneur, the sufferer may exercise his power by seeking civil protection through civil process. There must exist the real apprehensive of an infringements and valid registration for the press title for the effectiveness of such a claim.