Recent news
Importing Branded Goods from the UK to the EU Confirmed as an Offence Under Polish IP Law
In a recent ruling, a Regional Court in Poland reaffirmed that importing branded goods from the UK into the European Union (EU) without the right holder's consent constitutes a criminal offence under Polish and EU intellectual property (IP) law. This case, handled by our team, underscores the importance of respecting trademark rights and compliance with the principle of exhaustion of rights in the EU market. The exceptional outcome reflects the extensive effort and commitment invested in this matter.
Bestseller clause - Amendment of the Copyright and Related Rights Act
The bestseller clause is a copyright instrument regulated by Article 44 of the Copyright and Related Rights Act (the “Copyright Act”), which provides grounds for the court to increase the remuneration of a creator when this remuneration is disproportionately low in relation to the benefits of the purchaser of economic rights or the licensee. In other words, at the moment when the creator (e.g. the author of a book) transfers the author's economic rights to another entity (e.g. a publishing house) for remuneration, and then this entity, as a result of exploitation of the work (e.g. by printing the book and selling it), generates income exceptionally high in comparison with the creator's contractual remuneration, the creator under this provision may demand an increase of his remuneration. The bestseller clause may also be invoked by the performer, which Article 92 of the Copyright Act entitles the performer to do.
Gift mark, about restriction on the exercise of a trademark right.
In the recent judgment in Case C-361/22, Industria de Diseño Textil SA (Inditex) - owner of the trademark rights of ZARA - against Buongiorno Myalert SA, the Court addressed the scope of the restriction on the exercise of trademark rights arising from Article 6(1)(C) of Directive 2008/95/EC (Directive 2008). And although the provisions analysed by the Court have not been in force for years, they have a significant impact on the current state of the law as captured in Directive (EU) 2015/2436 (Directive 2015).
