Archive for: Art. 24 CC

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.

Trade mark law, case II CZP 109/94

October 28th, 2005, Tomasz Rychlicki

The Supreme Court in its judgment of 30 September 1994 case file II CZP 109/94 held that in the event of a conflict between rights such as the company name (firm) and a protected/registered trade mark, the right to use such a designation should be determined by the priority of use of a given right. This case concerned COGITO trade mark.

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.

Prsonal rights, case IV CK 519/04

March 16th, 2005, Tomasz Rychlicki

The 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 or interests that took place in the article written and 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 Rychlicki

The 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 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.

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.

Personal rights, case I CKN 100/01

January 26th, 2005, Tomasz Rychlicki

The Supreme Court in its judgment of 7 March 2003 case file I CKN 100/01 ruled that the symbol of a legal person is a carrier of its identity in the external perception, and like the company name or the firm, it constitutes a personal interest/right of such a company.

Personal rights, case II CR 187/77

January 8th, 2005, Tomasz Rychlicki

The Supreme Court in its judgment of 10 June 1997 case file II CR 187/77 ruled that the analysis of Article 23 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, and the existing case-law of the Supreme Court, allows for the adoption of the opinion that personal right/interest, is the aggregate of factors aimed at ensuring the development of human personality, in order to protect human life and to ensure the right to the use of these interests, which are available at any given stage of the socio–economic development of our society, and which are also conducive to preserving the autonomy of a human being and may help to bind a human being with the society. The concept of “personal right/interest”, includes such an element as the right of access to public places of recreation and entertainment. Therefore such personal interests may be affected by issuing a ban that would prevent the practical exercise of this right and thus a person may take all legal measures to protect this right.