Copyrights protection in Poland
By Magdalena Michalska, Sójka Maciak Mataczyński Adwokaci sp.k.
Polish Copyright Law seems to be overly generous to the rightsholders whose economic rights have been infringed. However, these regulations are subject to growing criticism.
Following the decision by the Polish Constitutional Tribunal, in cases when the infringement is culpable, rightsholders are no longer able to claim three times the remuneration that would have been due in exchange for the consent of the rightsholder to the use of the work. Surprisingly, it is still possible to claim two times the remuneration due in infringement cases.
This option is very favourable to the rightsholders since they are not obliged to prove the actual damage.
The Polish Supreme Court filed a request with the Court of Justice for a preliminary ruling regarding the interpretation of Article 13 of the Enforcement Directive, in particular whether granting damages as a lump sum (two or three times the appropriate remuneration) is permissible given that the Directive stipulates that its aim is not to provide punitive damages (Case C-367/15).
The question is also whether the award of damages as a lump sum is in line with the spirit of Article 3 of the Enforcement Directive which expressly stipulates that measures, procedures and remedies provided by the Member States shall be fair and equitable and proportionate.
The Court of Justice has not ruled on the case yet. However, its decision will be of great importance for Polish copyright law.
Magdalena MichalskaSójka Maciak Mataczyński Adwokaci sp.k., Warsaw, Poland
T: +48 22 10 10 430
Magdalena is a Senior Associate in the Intellectual Property & Litigation Department at Sójka Maciak Mataczyński Adwokaci sp.k. Magdalena specialises in litigation relevant to employment law and personal rights, cases of unfair competition and infringements of trademarks. Magdalena represents clients in IT projects, drawing up and negotiating agreements on software implementation, licence agreements, service agreements and software escrow agreements.
Sójka Maciak Mataczyński Adwokaci Sp.k s recognized as one of the top firms in Poland having achieved 12th place in the most prestigious ranking of Polish law firms
Published: October 2016 l Photo: Colourbox.de - Skrypko Ievgen