Intellectual Property, Sołtysiński Kawecki & Szlęzak updates

Poland

Contributed by Sołtysiński Kawecki & Szlęzak
Sole acquisition of author's economic copyrights does not grant monopoly on use of work
  • Poland
  • 26 October 2020

A recent disagreement over a logotype illustrates a common situation where acquirers of an author's economic copyrights are convinced that they have exclusive rights to all forms of use and modification of the work without the need to obtain the author's consent. However, the reality is that in addition to the transfer of an author's economic copyright, agreements should also cover the possibility of making changes and using the modified works.

Authors' right to prohibit performance of songs by former band singer and writer of lyrics
  • Poland
  • 17 August 2020

In a long-running dispute, well-known musician Małgorzata Ostrowska took legal action concerning the use of songs, for which she had written the lyrics, against Grzegorz Stróżniak, her former band colleague and the composer and co-author of the songs. As the dispute could not be settled amicably, Ostrowska turned to the courts for help and asked for the right to manage the disputed songs to be transferred to the collective management organisation for free, without the need to obtain Stróżniak's consent.

New approach to trade secret infringement by former employees
  • Poland
  • 25 May 2020

A recent Supreme Court judgment explains the scope and methods of protection by entrepreneurs against the unauthorised disclosure of trade secrets by former employees. In addition, it distinguishes the possibility of a violation of someone's trade secrets by the same person, acting as an employee or unauthorised person, depending on whether said person has obtained information constituting a trade secret within or outside the employment relationship.

Supreme Court judgment on copyright of deceased artist
  • Poland
  • 21 October 2019

The Supreme Court recently issued a notable judgment concerning the work of a deceased artist and the alleged infringement of his moral copyright. The decision underlines that it is difficult to limit the activities of people who have been gifted the work of an artist even after the artist's death, especially in the case of a close personal relationship between the artist and the beneficiaries.

Constitutional Tribunal deems information claim mechanism unconstitutional
  • Poland
  • 18 February 2019

The Constitutional Tribunal recently found that the information claim mechanism provided for in the Industrial Property Law does not comply with the Constitution. Following the tribunal's ruling, the scope of the legal mechanisms to obtain information to determine the scale of an IP infringement has been reduced. However, the decision also makes it possible to protect entrepreneurs from the unjustified and unnecessary disclosure of business secrets.


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