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Industrial designs in the era of change – revolution, evolution or stagnation?

Author(s): Kinga Wernicka / Language(s): English Issue: 1/2024

The article analyzes the amendments in Polish and European design law that have been just proposed by EU and Polish legislator. The registration proceedings of EU designs held before the EUIPO differs from the registration of designs proceeded by the Polish Patent Office (and by other national patent offices too). Due to the different scope of protection of Community designs and national designs the EU legislator wanted to introduce the harmonization within the procedural rules too. Polish legislator wants to change design law too. Consequently, EU legislator and Polish legislator have just proposed some amendments in design law. This study presents only examples proposed by EU and Polish legislator. They could be treated as revolution, evolution or stagnation. The basic research method for this article was analysis of EU and Polish design law (that is in force and proposed by EU and Polish legislator) and Polish and European practice of design law.

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Exploring some trademark issues in metaverse from EU law perspective

Author(s): Karolina Sztobryn / Language(s): English Issue: 1/2024

This article addresses some issues of trademark protection invirtual worlds. The increasing presence of trademarks in themetaverse, as evidenced by the growing number of trademarkapplications for virtual goods and services, is likely to intensify legalconflicts related to trademarks and, consequently, to lead to litigation.The development of virtual reality thus brings challenges for theinterpretation and application of traditional concepts and terms usedin the trademark system. This article analyzes issues that requireconsideration in the context of trademark protection in metaverse. Itdiscusses the issues of registering trademarks for virtual goods,assessing the similarities between real world goods and services andtheir virtual world counterparts, and the enforcement of the rights totrademarks, which were used without the owner’s consent inmetaverse. The analysis presented in the article leads to theconclusion that further development of the metaverse will certainlyforce a redefinition of traditionally applied enforcement principles,including those related to jurisdiction, as well as certain conceptsknown and interpreted for the application of the trademark system inthe real world, such as trademark use.

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Types of infringement of a right to trade marks with reputation in Polish and EU jurisprudence

Author(s): Joanna Sitko / Language(s): English Issue: 1/2024

This article aims at examining the extent to which the Polish andEuropean Union adjudication bodies apply the EUCJ guidelinesregarding determination of each type of the right to a trade mark withreputation (TMwR) infringement. The author analyses and interpretslegal provisions of EUTMR and argumentations of variety decisionsof European Union and Polish adjudication bodies concerning theproblem of an infringement of a right to a TMwR. A close analysis ofthe latest judicial decisions concerning the TMwR protectionindicates that, in principle, detailed guidelines regarding theoccurrence of each form of the TMwR infringement are already inplace. However, there are still some deviations from these guidelines,most notably in the Polish jurisdiction, since adjudicating bodies tendto see parasitism in the probability of association of juxtaposing trademarks alone. Thus, it happens that a three-step test on the likelihoodof transferring trade mark with reputation associations ontogoods/services designated with a third party mark (as describedbelow) is omitted. This is especially significant where a later sign isused for goods/service that are not similar to those that are signed bythe TMwR. Furthermore, an enhanced evidentiary standard appliedin the Intel case seems to be frequently absent in the practice of lawapplication. Changes in the economic behaviour of the averageconsumer or a serious likelihood that such a change will occur arehardly ever taken into account in the assessment of the activitydetrimental to the distinctive character or the repute of a TMwR.Although many years have passed since key preliminary rulings wereissued by the EUCJ, which shaped the principles of examining theevidence that pointed to the possibility of an infringement of a rightto a TMwR, some negligence and shortcomings in the application ofthe law in this respect have not been entirely eliminated. Hopefully,the years to come will witness a greater awareness of the bindingprovisions and principles of their application among adjudicationbodies and interested parties alike.

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Rethinking Copyright: The Art of Ownership in AI Outputs

Author(s): Jakub Wyczik,Rafał Wieczerzak / Language(s): English Issue: 1/2024

The emergence of artificial intelligence (AI) as a creator ofmusic, literature and visual art has prompted a critical rethink ofcopyright. As AI-generated output increasingly mirrors humancreativity, the central legal question becomes: who, if anyone, ownsthe rights to these creations? This article explores the evolvingcopyright debate, focusing on the challenge of defining authorship inthe age of AI. It examines recent legal developments around theworld, including key cases such as Thaler, Zarya of the Dawn, and AIMachinations in the United States, as well as landmark decisions fromChina and Europe. The article examines whether AI-generatedcontent can be considered ‘original’ and qualify for copyrightprotection under existing legal frameworks. Through analysis ofglobal jurisprudence, it compares various national approaches to AIauthorship. Drawing on recent case law, the article proposes abalanced framework that both protects human authors andrecognises the growing influence of AI in the creative process. Theresearch aims to provide a way forward that encourages innovationwhile maintaining the clarity of copyright law in a rapidly evolvingtechnological landscape.

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Joint Ownership of Industrial Property Rights in the Research and Industry Consortium Agreement

Author(s): Marek Salamonowicz / Language(s): English Issue: 1/2024

The main objective of the article is to determine the rights andobligations of the parties to a scientific and industrial consortiumagreement in a situation of co-ownership of industrial property rightscovering research results. In particular, the analysis covers the impactof the co-ownership of rights on the commercialization of researchresults and employee entitlements to share in the benefits of suchcommercialization. The subject of analysis was the European Unionlaw and Polish law. The legal-dogmatic as well as comparative methodwas used. Normative acts were analyzed, as well as other officialdocuments containing guidelines and instructions for the parties.Examples from practice were also used. In conclusion, the legality ofan obligation on the part of the consortium members to subsequentlytransfer their shares in the joint right to one of them or a third partyis pointed out. It has also been established that such an obligationmay be preceded by granting a license in favor of a later purchaser ofindustrial property rights. Moreover, it was underlined that in the lightof the regulations in force, employees of Polish higher educationinstitutions who have made an invention within the framework of aproject implemented by a scientific and industrial consortium are, asa rule, due remuneration for benefits obtained by the university fromcommercialization of such research results.

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Dopuszczalność zawarcia umowy o pracę na czas pełnienia funkcji przez członka zarządu spółdzielni – glosa krytyczna do wyroku Sądu Najwyższego z dnia 14 grudnia 2023 r., I PSKP 34/22

Author(s): Agnieszka Rzetecka-Gil / Language(s): English Issue: 1/2025

The gloss addresses the issue of the admissibility of concluding an employment contract witha member of the board of directors of a cooperative for the duration of their term in office. ThePolish Supreme Court has rejected the possibility of concluding such contracts under the legalframework in force since February 22, 2016. In this gloss, arguments supporting an alternative in-terpretation of the law are presented.

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Informatyzacja postępowania egzekucyjnego jako pole doświadczalne ustawodawcy na przykładzie procesu wymiany informacji między stronami postępowania a komornikiem sądowym

Author(s): Jakub Bródka / Language(s): Polish Issue: 14/2024

The computerisation of the judiciary in the age of the information society is be-coming increasingly necessary, but also problematic due to various technolog-ical and non-technological obstacles. The purpose of this Article is to presentenforcement proceedings as a process that may become the foundation fora further stage of the computerisation of judiciary in a broad sense. The anal-ysis includes both the state of computerisation of the enforcement proceed-ings under the current legal regulations and the specific qualities of the en-forcement proceedings compared to other proceedings, which could facilitatethe development of appropriate ICT systems in the future. These include those relating directly to the current legal and procedural regulations and the systemof financing judicial enforcement, as well as those resulting from the positionof the judicial enforcement officer in relation to the parties to the proceedings.Furthermore, the limitations which make it difficult to implement the changesdue to the nature of the enforcement proceedings and due to the general dif-ficulties in the computerisation of court proceedings have been pointed out.

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PROTEJAREA OPERELOR ORFANE ÎN ERA DIGITALĂ

Author(s): Constantin Anechitoae / Language(s): English,Romanian Issue: 1/2023

In the digital age, protecting orphan works is a daunting task. However, there are strategies that can be used to protect these works. The article highlights both legal and technological approaches as essential to identifying and implementing sustainable solutions. Legal measures may involve changes to copyright laws, such as introducing a limited term of protection for orphan works or allowing non-profit organizations to use them without fear of legal repercussions. Technological solutions may involve the use of fingerprinting and watermarking techniques to help identify and track these works. Combining legal and technological approaches could also be effective in protecting orphan works. For example, a registry or database could be created and managed by a nonprofit organization that would list all orphan works along with copyright information and allow users to search for them. This would make it easier for people to find and use orphan works, while ensuring that copyright holders who can be identified receive adequate compensation if their works are used for commercial purposes.

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NORMELE CUTUMIARE ȘI LEGILE SCRISE, CELE DOUĂ ELEMENTE CONSTITUTIVE ALE LUI „JUS VALACHICUM”

Author(s): Nicolae V. Dură / Language(s): English,Romanian Issue: 2/2023

Since some historians of ancient Romanian law - unfamiliar with the text of the "Pravilele împărătești", i.e. the Byzantine imperial laws, - have believed that the "Lex Terrae" (Law of the Land) has as its constitutive element only the legal customs, with the present study we have brought the necessary clarifications and corrections by appealing to the "Fontes" (sources), namely to the written sources of Romanian law, whose origins go back to the rules of Roman law in Thracian Dacia and to the laws of the Byzantine emperors, which were transposed and applied in the Danubian-PonticCarpathian area since the time of Emperor Justinian, the last Roman emperor and the first Byzantine emperor. On the basis of the testimonies provided by these legal sources, we could therefore ascertain that the first element of the "Law of the Country" was represented by legal customs, and its second element was "jus scriptum", and that, in medieval times, the Law of the Country was in fact identified with "Jus Valachicum", i.e., with Romanian Law.

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BAZA DE DATE VERSUS OPERA DE CREAȚIE INTELECTUALĂ

Author(s): Constantin Anechitoae / Language(s): English,Romanian Issue: 2/2023

Databases protected by legal norms of intellectual property refer to collections of information, which contain data on patents, trademarks, copyrights and other types of intellectual property rights. The purpose of creating these databases is to provide easier access to information about the existence and rights of other intellectual property creations, allowing users interested in a certain domain to conduct searches, monitor the activities of competitors, but also to identify potential infringement problems of the database manufacturer's rights. In this study we want to identify the elements of legal protection of databases, their benefits and measures to protect databases, after their creation, by their manufacturer.

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VÂNZAREA MOȘTENIRII. OBLIGAŢIILE CUMPĂRĂTORULUI

Author(s): Georgiana Cimpu / Language(s): English,Romanian Issue: 3/2023

Trying to respond efficiently to situations in which the sale takes an atypical form, the legislator inserted among the texts of the current Civil Code the varieties of sale, among which there is also the sale of the inheritance, representing a contract by which the holder of an inheritance right alienates this right for consideration to another person. This article aims to highlight the most important aspects related to the obligations assumed by the buyer through such a sale, thus analyzing the obligation to pay the price and, respectively, the obligation to repay the debts and burdens of the inheritance.

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BUNA CREDINȚĂ ȘI ABUZUL DE DREPT ÎN CODUL CIVIL ROMÂN

Author(s): Mariana-Georgiana Boltașu (Petrașcu) / Language(s): English,Romanian Issue: 3/2023

Every law system is governed by fundamental principles of law, common to all branches of law, same as the Romanian legal system, category in which is included the good-faith as well, legally regulated in the content of the 14th article of The Civil Code. Based on moral values, derived from Roman law and adopted by the majority of states, the principle of good-faith and its applications are still a real debate subject for all the legal advisers, magistrates, lawyers and other legal specialist form Romania and other countries, despite of its longevity. In the Romanian Civil Code in force, the goodfaith principle has a very close connection whit the abuse of rights notion, an unused notion in other law systems, that has a poor definition at present and no sanction, but it’s used in the Romanian jurisprudence only by reference to the principle of good faith, reason why its applicability created an uneven practice among the courts. The study of abuse of rights and good faith, has been approached in Romanian doctrine, but there are few works that have been entirely dedicated to this subject. Thus, the regulation offered by the Romanian Civil Code provides a guideline, but it is not edifying regarding the meaning and application of this notion. This article represents a debating toping, on which my PhD scientific work is based, through I want to improve the interpretation and applicability of the two fundamental notions, Good Faith and Abuse of Rights in the Romanian law system.

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ARTIFICIAL INTELLIGENCE - BETWEEN THE RIGHT TO INFORMATION AND THE PROTECTION OF INTELLECTUAL PROPERTY

Author(s): Alina V. Popescu / Language(s): English Issue: 3/2024

Science, as a collection of knowledge regarding the world and life, is a fundamental component of society, the two being interdependent and mutually influencing each other throughout evolution. Science has several purposes, psychological, rational, but also the social purpose of contributing to social welfare. The problem that can arise is when science deviates from this social role and is used for purposes contrary to the interests of society, or when the results of scientific research may infringe fundamental human rights and freedoms. The study aims to analyze how the latest scientific revolutions, digitization and artificial intelligence, are likely to affect human rights. Considering the latest novelty element of the increasingly widespread use of artificial intelligence, the views of society and international and regional organizations on this issue will be analyzed, with particular reference to ensuring a balance between the right to information and respect for intellectual property rights.

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OPTION AGREEMENT. PROMISE OF SALE. RIGHT OF PRE-RECEPTION

Author(s): Nicolae Grădinaru / Language(s): English Issue: 3/2024

In the case of the option pact regarding a sales contract on a determined individual asset (cert), between the date of conclusion of the pact and the date of exercise of the option or, as the case may be, that of the expiration of the option term, the asset that constitutes the object of the pact cannot be disposed of. The right of pre-emption is a priority right to purchase recognized by law for certain persons. The right of preemption is different from the right of preference which has a contractual nature. The right of preemption is a variant of the unilateral promise to sell, but in this situation the owner of the thing does not oblige himself to sell, but only to give preference to a person if he decides to sell a certain thing.

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DESPRE RISCURI ÎN CONTRACTUL DE ANTREPRIZĂ

Author(s): Daria-Ioana Preda / Language(s): Romanian Issue: 3/2024

The risk, from a legal perspective, constitutes an objective element that exists independently of the parties’ intentions reflecting uncertainty and unpredictability. Simultaneously, it represents an event that may impact the contractual balance and result in adverse consequences for both parties. Consequently, this paper seeks to examine the mechanisms for managing risks in contract for works and services, emphasizing the importance of maintaining an equitable balance between the parties and the mechanism through which these risks can be adjusted when they arise during the contract. The entrepreneur, as a professional, assumes the independent fulfillment of contractual obligations at their own risk, while maintaining the freedom to organize and accountability for the contract’s outcome. The study explores the impact of risks on the rights and obligations of the parties, drawing from current legal provisions and offering additional interpretations concerning the transfer of the risks, the relevance of the nature of obligations and the role of guarantees. The analysis focuses on identifying the risks associated with the contract for services and works, as well as on the manner in which these risks are assumed by the contractor both before and after the moment of acceptance. Furthermore, it examines the transfer of risks between the parties based on the contractual stage and specific provisions, while assessing the influence of guarantees, the classification of obligations, and the method of determining price on the allocation of risks. The conclusions underscore the necessity for clear and flexible mechanisms to distribute risks equitably, thereby mitigating imbalances and ensuring fair and predictable contractual relationships.

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Importanța înscrisurilor medicale în litigiile de malpraxis medical

Author(s): Adina Mihaela Chiș / Language(s): Romanian Issue: 2/2024

Medical information is manifested both at the level of substantive law and at the level of procedural law. In this study, the importance of medical information will be analysed from the perspective of substantive law. This is relevant for clarifying the medical situation. Determining the medical condition is the means by which one of the fundamental guarantees of the civil or criminal process is ensured – the right to a fair trial. The records, which materialize the content of medical facts, present a determining relevance in the civil or even criminal process. Depending on these, the conformity of the medical conduct, respectively the illegal act, will be determined. Likewise, they will serve to establish the physical or mental damage. More importantly, medical records are evidentiary elements, which gives them the nature of forensic documents. Thus, the medical or forensic expertise will be drawn up based on them. The expert will formulate the conclusions from the expert report, depending on the content of these documents and the medical facts revealed by them. Any deviation from their content will be thoroughly explained, to ensure the objectivity and impartiality of the expert report. Last but not least, medical records are of major relevance to determine the compliance of medical conduct with the standards of medical science, from the moment of providing the medical service, contained in the Guides, in the Protocols, in the specialised literature or in clinical studies.

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NIS 2. Legea securității cibernetice 2.0

Author(s): Mirela Lăpușan,Roxana Remetan / Language(s): Romanian Issue: 2/2024

This article examines the NIS 2 Directive and its transposition into Romanian legislation through Government Emergency Ordinance no. 155/2024, highlighting the significant changes compared to the previous directive, NIS 1. It discusses the extension of the scope to new sectors, stricter risk management and incident reporting obligations, and increased cooperation between Member States. It also provides a detailed analysis of the categories of entities targeted – essential and important – the criteria for classification and the specific obligations of each category. The article also explores procedural aspects such as territorial jurisdiction and registration procedures in the register of relevant entities. Finally, it underlines the importance of the NIS 2 Directive in strengthening cybersecurity at national and European level.

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„Frumoasa și Bestia” în planul TVA: Servicii medicale cu o componentă terapeutică scutite vs. servicii medicale cu scop unic estetic

Author(s): Cosmin Flavius Costaş / Language(s): Romanian Issue: 4/2024

In the last decade, following the judgement of the Court of Justice in case C‑91/12, PFC Clinic, some questions were raised concerning medical services with only an aesthetic aim and their VAT treatment, as opposed to medical services with a therapeutic aim, which are VAT exempt. This article considers the case‑law of the Court of Justice of the European Union and analyzes the Romanian experience in a pending case. The main conclusions are to the sense that the Court provided a wide interpretation of art. 132 (1) (b) and (c) of the VAT Directive, considering that the “therapeutic aim” requirement should not be interpreted in a restrictive manner that would deprive the VAT exemption of its purpose. Moreover, as to the “authority” that can distinguish between VAT exempt and taxable medical services, the Court of Justice pointed out that is primarily for physicians and acknowledged specialists to determine such a “therapeutic aim” in a somehow decisive manner, without interference from the tax administration or other national authorities.

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Viziunea Uniunii Europene privind reglementarea inteligenței artificiale și limitele unui pionierat așteptat

Author(s): Mihaela Tofan / Language(s): Romanian Issue: 4/2024

In the context of the unprecedented development of technology‑enabled activities and digitization in recent years, the European Union has adopted the AI Regulation, promoting a set of actions to foster excellence in AI and rules to ensure that the technology is trustworthy. The paper presents the result of the analysis of the content of this new and original regulation, to validate the hypothesis that the European regulation generates considerable advantages for citizens and the entities that use it equally. Opinions contrary to this hypothesis are also analysed, which show that EU regulation on AI will, in the long term, bring serious disadvantages to the social environment. The identified arguments validate the formulated hypothesis, but also show the limits of regulation that should be addressed through future measures and actions, in order to globalize a coherent legal framework for the use of AI in the digital economy.

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Regimul TVA în cazul livrării unor planuri alimentare

Author(s): Cosmin Flavius Costaş,Iulia Domnici,Rovena Fetico / Language(s): Romanian Issue: 4/2024

As more and more businesses move to a digital form, there are new questions arising as to the VAT treatment applicable to various supplies of goods and services. This article approaches the case of nutritional plans supplied electronically and tries to answer the question whether such a plan is an electronic book and to determine the applicable VAT rate in Romania.

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