Orwell w realu, czyli o systemie Echelon z perspektywy polskiego prawa

„Freedom and privacy ofcommunication is guaranteed. The restrictions may be imposed only in cases specified in the Act and in the manner specified therein.” This pronounced and clear declaration, being not only a legal guarantee is included in paragraph 49 of Constitution of the Republic of Poland. We look at it from the hindsight, which was created by a system of global invigilation of communication, not only electronic one, called Echelon. It was widely known before Edward Snowden was heard in Hong Kong. Echelon was talked, written about and discussed not only in European Parliament but also at other formal forum. Yet, in our country this phenomenon did not arouse much interest either of lawyers, ministers, senators, government or politicians. There is probably the first attempt of assessing the consequences of Echelon from the view of Polish law. We limit ourselves intentionally to the point which was reachable for everyone before Snowden. We believe that it has a particular meaning: it illustrates that in our country there is a dramatic implementation of the constitutional right to democratic rule of law. It makes us realize where we live and what we can

Czy przed piractwem domenowym można się bronić? Formy naruszeń i cywilnoprawne środki ochrony przed nieuprawnionym korzystaniem ze znaków towarowych w domenie internetowej

Could we fi ght “domain pirates”? The forms of breaching and civil law legal protection against trademarks infringements in the Internet domainsThe subject of the consideration is mainly connected with the plans of launching new names of generic Top Level Domains gTLD. The author tries to present some possibilities of law infringement which could be caused in the future, because of these operations. The aim of this paper is to show the legal solutions to help with the domain pirates infringements.The plurality of the new gTLD is the chance for domain pirates. In the present literature there are distinguished many forms of domain pirates such as: cybersquatting, cybertyping, cyberwildcatting and cybersmearing. All of them could be a form of using trademarks without rights to them. First of all, the author discusses the circumstances of trademarks infringement under Industrial Property Law. The author also comments on the types of activities which constitute unfair competition in relation to the use of trademarks in domains and suppression of Unfair Competition Act. In the analysis, there are also presented the ways of alternative dispute resolution and the new procedure against infringement establishes by ICANN.Could we fi ght “domain pirates”? The forms of breaching and civil law legal protection against trademarks infringements in the Internet domainsThe subject of the consideration is mainly connected with the plans of launching new names of generic Top Level Domains gTLD. The author tries to present some possibilities of law infringement which could be caused in the future, because of these operations. The aim of this paper is to show the legal solutions to help with the domain pirates infringements.The plurality of the new gTLD is the chance for domain pirates. In the present literature there are distinguished many forms of domain pirates such as: cybersquatting, cybertyping, cyberwildcatting and cybersmearing. All of them could be a form of using trademarks without rights to them. First of all, the author discusses the circumstances of trademarks infringement under Industrial Property Law. The author also comments on the types of activities which constitute unfair competition in relation to the use of trademarks in domains and suppression of Unfair Competition Act. In the analysis, there are also presented the ways of alternative dispute resolution and the new procedure against infringement establishes by ICANN

Orwell in reality i.e. Echelon system from the view of Polish law

„Freedom and privacy of communication is guaranteed. The restrictions may be imposed only in cases specified in the Act and in the manner specified therein.” This pronounced and clear declaration, being not only a legal guarantee is included in paragraph 49 of Constitution of the Republic of Poland. We look at it from the hindsight, which was created by a system of global invigilation of communication, not only electronic one, called Echelon. It was widely known before Edward Snowden was heard in Hong Kong. Echelon was talked, written about and discussed not only in European Parliament but also at other formal forum. Yet, in our country this phenomenon did not arouse much interest either of lawyers, ministers, senators, government or politicians. There is probably the first attempt of assessing the consequences of Echelon from the view of Polish law. We limit ourselves intentionally to the point which was reachable for everyone before Snowden. We believe that it has a particular meaning: it illustrates that in our country there is a dramatic implementation of the constitutional right to democratic rule of law. It makes us realize where we live and what we can