The Supreme Court in the order of 5 March 2002, case file I CKN 540/00 held that provisions 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 later amendments, shall not apply in proceedings for registration of newspapers and magazines. The institution of registration of press titles was introduced to prevent the existence of identical or concurrent titles on the press market only.
Archive for: Polish Act on Press Law
Press law, case I CKN 540/00
August 29th, 2005, Tomasz RychlickiPress law, case I ACr 159/92
July 28th, 2005, Tomasz RychlickiThe Appellate Court in Warsaw in a judgment of 2 April 1992, case file I ACr 159/92, held that the name of a newspaper/gazette differentiates it in the course of trade and thus it is 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, Journal of Laws (Dziennik Ustaw) No. 16, item 93, with later 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 RychlickiThe Appellate Court in Warsaw in the order of 18 November 1999, case file I ACa 848/99, interpreted provisions of 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 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, case I CKN 1344/00
June 28th, 2005, Tomasz RychlickiThe Supreme Court in a judgment of 24 October 2002, case file I CKN 1344/00, held that the current Polish legal system of registration of newspapers’ titles is not a pure system of notification, because it requires the registration court to consider the interest of both publisher and readers during the registration process, therefore, the registration process include some elements of control, but which does not violate the principle of freedom of the press.
The Court deliberated on provisions of 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.
According to the Court, the provision of providing the protection of an existing press title, was introduced not only because of the interests of a publisher, but also in the interest of readers, allowing them to select and buy a title, which they actually want to.
Press law, case V CKN 1040/00
June 21st, 2005, Tomasz RychlickiThe Supreme Court in the order of 13 June 2002, case file V CKN 1040/00, held that the Registration Court which operates the Registry of titles of newspapers and periodicals shall not be entitled to settle the dispute over who is the publisher and who has the rights to the title of the press.
Press law, I ACa 216/98
June 10th, 2005, Tomasz RychlickiThe 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.
Prsonal rights, case IV CK 519/04
March 16th, 2005, Tomasz RychlickiThe Supreme Court in its judgment of 16 February 2005 case IV CK 519/04 file held that not only the journalist may be held liable for the infringement of personal rights in performed in the article published in a newspaper. This may be also the person who gave an interview or a comment. Such a person is not exempted from liability by that the fact that the interview had not been authorized, if she or he really said what the journalist published later in the article.
Press law, case V CK 675/03
February 25th, 2005, Tomasz RychlickiThe Supreme Court – Civil Chamber in its judgement of 15 July 2004 case file V CK 675/03 held that the publisher is required to control the content of advertisings that were posted in its magazine only in terms of their compliance with laws and principles of social coexistence. For the remaining contents the responsible person is the one who commisioned such advertisings.
Personal rights, case I ACa 560/04
February 10th, 2005, Tomasz RychlickiThe Appellate Court in Katowice in its judgment of 4 November 2004, case file I ACa 560/04, ruled that the firm which in this case was understood as the company name, 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, Journal of Laws (Dziennik Ustaw) No. 16, item 93, with later 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.