Interests protected under the Polish law on combating of unfair competition

The article concerns the problem of determining the relationship between the Polish Act on Combating Unfair Competition of 1993 and the Polish Act on Combating Unfair Market Practices of 2007. The problem arose when the Unfair Commercial Practices Directive was implemented in the Polish system in 2007. The Directive is based on the division, which was not known in the Polish Act on Combating Unfair Competition, relating to business-to-business (B2B) and businessto-consumer (B2C) relationships. The adoption of such an artificial division has raised numerous problems of interpretation. A better solution would be to adopt in subsequent legislative works the criterion of protected interests, which are the basis of each of the analysed legal acts. Consequently, it will be necessary to introduce legislative changes to the Polish Law on Combating Unfair Competition

Can a trademark be copyright protected?

Co do zasady znaki towarowe mogą być na gruncie prawa polskiego, jeśli spełnią przesłanki ochrony, kwalifikowane jako utwory w rozumieniu ustawy o prawie autorskim i prawach pokrewnych. Zgodnie z tą ustawą utworem jest każdy przejaw działalności twórczej o indywidualnym charakterze ustalony w jakiejkolwiek postaci, niezależnie od wartości, sposobu i przeznaczenia. W związku z powyższym w praktyce pojawia się pytanie, czy znakom towarowym, które są najczęściej pojedynczymi wyrazami lub ewentualnie prostym zestawieniem kilku wyrazów i które służą odróżnianiu towarów i usług jednych przedsiębiorców, od towarów i usług innych przedsiębiorców, powinno przyznawać się ochronę prawnoautorską. Przyznanie prawnoautorskiej ochrony pociąga za sobą bowiem poważne konsekwencje, gdyż prawa autorskie przysługujące twórcy do utworu mogą być przeszkodą w późniejszej rejestracji znaku towarowego, a także podstawą unieważnienia już zarejestrowanego znaku towarowego. W artykule zostały przeanalizowane poglądy doktryny i orzecznictwo sądów powszechnych.Trademarks may be subject to copyright protection as long they fulfil the requirements of copyright law. Consequently, a practical question arises whether a trademark, being a single word or a simple sequence of words, may be protected under copyright law. Such protection entails serious consequences because copyright granted to a creator of a work may later become an obstacle when it comes to the registration of a trademark. It may also constitute grounds for invalidating a trademark already registered. The author examines views of the doctrine and judicial decisions of common courts in the above matters

Interests protected under the Polish law on combating of unfair competition

The article concerns the problem of determining the relationship between the Polish Act on Combating Unfair Competition of 1993 and the Polish Act on Combating Unfair Market Practices of 2007. The problem arose when the Unfair Commercial Practices Directive was implemented in the Polish system in 2007. The Directive is based on the division, which was not known in the Polish Act on Combating Unfair Competition, relating to business-to-business (B2B) and businessto-consumer (B2C) relationships. The adoption of such an artificial division has raised numerous problems of interpretation. A better solution would be to adopt in subsequent legislative works the criterion of protected interests, which are the basis of each of the analysed legal acts. Consequently, it will be necessary to introduce legislative changes to the Polish Law on Combating Unfair Competition

Mathematical model of a multi-parameter oscillator based on a core-less three-phase linear motor with skewed magnets.

This paper uses the example of a three-phase core-less linear motor to create a mathematical model of single-dimension multi-parameter oscillator. The studied linear motor consists of: a stator, an U-shaped stationary guide-way with permanent magnets placed askew to the motor’s movement’s direction; and a forcer, a movable set of three rectangular coils subjected to alternating external electrical voltage. The system's parameters are both mechanical (number of magnets and coils, size of magnets, distances between magnets, size of coils) and electromagnetic (auxiliary magnetic field, permeability, coil’s resistance). Lorentz force allows for the transition from electromagnetic parameters to mechanical force and Faraday’s law of induction creates a feedback between the forcer’s speed and coils voltage. An Ampere’s model of permanent magnet is used to determine the simplified function of auxiliary magnetic field distribution throughout the stator. In the model the external voltage applied to each coil serves as the excitation while displacement of the forcer is the output parameter. The solution to the introduced mathematical model of the system is compared with the experimental results showing a good coincidence

THE RIGHTS OF LAWFUL USERS OF COMPUTER PROGRAMMES

Copyright law is the area o f intellectual property law that regulates the creation and use of a range of cultural goods such as books, songs, films and computer programmes. The paper focuses on the protection o f computer programmes, and, in particular, on the rights of their lawful users, such as buyers and licensees in Poland. The Polish regulation is based on the Council Directive o f 14 May 1991 on the legal protection of computer programmes (91/250/EEC) which was introduced to the Copyright Law during the process of harmonization of the Polish Law with the European Law (Dz. U. from 2006, No 90, item 631). The paper is divided into four parts which reflect the rights o f a legal user. The first part presents the right to use the computer programme in accordance with its intended purpose, including the correction of errors. The second part explains the right to make a back-up copy. The third one focuses on the right to observe, study or test the functioning of the programme in order to determine the ideas and principles which underlie its elements. Finally, the fourth part deals with the right of decompilation. The intention o f the author was to write an exhaustive paper that would explain the rights of a lawful user. Until now the majority o f articles and monographs have focused on the protection of computer programmes from the point o f view o f their authors

Is there a need to reintroduce the exhibition priority on the national exhibitions in the Polish Law of Industrial Property?

Marian Kępiński - profesor zwyczajny, doktor habilitowany, Katedra Prawa Cywilnego, Handlowego i Ubezpieczeniowego Uniwersytetu im. Adama Mickiewicza w Poznaniu.Jakub Kępiński - doktor nauk prawnych, Katedra Prawa Europejskiego Uniwersytetu im. Adama Mickiewicza w Poznaniu.Until 2007 the exhibition priority on public national exhibitions organized in Poland recognized utility models, designs and trademarks in the Polish Law of Industrial Property. An exhibitor who exhibited his products at a public exhibitions organized in Poland, could claim the priority before the Polish Patent Office in the case of registering his intangible goods (such as trademarks, utility models and designs). With the priority certificate so issued, the date of the exhibition counted as the date of submission of the application for registration. As a result of an amendment in 2007, this form of the exhibition priority has been repealed and nowadays exhibitors cannot claim an exhibition priority on public exhibitions organized in Poland in registering his intangible goods. In the opinion of the authors the amendment repealing the exhibition priority was not justified. The authors consider that the exhibition priority could be an useful tool not only for exhibitors willing to register their products but also for the Polish organizers of the exhibitions to attract exhibitors, patent attorneys and lawyers. The German Industrial Property law in which the exhibition priority is recognized provides a good example thereof.Marian Kępiński - Uniwersytet im. Adama Mickiewicza w PoznaniuJakub Kępiński - Uniwersytet im. Adama Mickiewicza w Poznaniu159-17

THE RIGHTS OF LAWFUL USERS OF COMPUTER PROGRAMMES

Copyright law is the area o f intellectual property law that regulates the creation and use of a range of cultural goods such as books, songs, films and computer programmes. The paper focuses on the protection o f computer programmes, and, in particular, on the rights of their lawful users, such as buyers and licensees in Poland. The Polish regulation is based on the Council Directive o f 14 May 1991 on the legal protection of computer programmes (91/250/EEC) which was introduced to the Copyright Law during the process of harmonization of the Polish Law with the European Law (Dz. U. from 2006, No 90, item 631). The paper is divided into four parts which reflect the rights o f a legal user. The first part presents the right to use the computer programme in accordance with its intended purpose, including the correction of errors. The second part explains the right to make a back-up copy. The third one focuses on the right to observe, study or test the functioning of the programme in order to determine the ideas and principles which underlie its elements. Finally, the fourth part deals with the right of decompilation. The intention o f the author was to write an exhaustive paper that would explain the rights of a lawful user. Until now the majority o f articles and monographs have focused on the protection of computer programmes from the point o f view o f their authors

EU DESIGN PROTECTION OF SPARE PARTS

Protection of the visible spare parts used to repair a complex product in order to restore its original appearance has been for years an issue of vivid discussions in the European Union. Generally, it is a dispute involving large motor car manufactures (owners of exclusive rights to the registered industrial designs) and independent (not related to motor car concerns) spare part producers, in which the former demand protection, arguing that the exclusive rights granted to them constitute compensation for their outlays, while the latter claim that such protection should be abolished because the spare-parts-market has been monopolised, thus making them incapable of competing legally with manufacturers of original spare parts. The Polish legislator has resolved the dispute in a similar way as some other EU member states, i.e. by incorporating a repair clause in the Act on industrial property and excluded protection of the manufactured good as an element of a complex one used to restore its original appearance. The paper refers to the discussion that has been still going on within the EU, and which had influenced the decision o f the Polish legislator. The author presents different concepts and solutions proposed in recent years and the current standpoint of the deciding bodies in the EU. The repair clause in Polish legislation is not subject of those considerations

EU DESIGN PROTECTION OF SPARE PARTS

Protection of the visible spare parts used to repair a complex product in order to restore its original appearance has been for years an issue of vivid discussions in the European Union. Generally, it is a dispute involving large motor car manufactures (owners of exclusive rights to the registered industrial designs) and independent (not related to motor car concerns) spare part producers, in which the former demand protection, arguing that the exclusive rights granted to them constitute compensation for their outlays, while the latter claim that such protection should be abolished because the spare-parts-market has been monopolised, thus making them incapable of competing legally with manufacturers of original spare parts. The Polish legislator has resolved the dispute in a similar way as some other EU member states, i.e. by incorporating a repair clause in the Act on industrial property and excluded protection of the manufactured good as an element of a complex one used to restore its original appearance. The paper refers to the discussion that has been still going on within the EU, and which had influenced the decision o f the Polish legislator. The author presents different concepts and solutions proposed in recent years and the current standpoint of the deciding bodies in the EU. The repair clause in Polish legislation is not subject of those considerations