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IRIS 2007-7:1/33 [PL] Copyright Commission and Procedure of Establishing the Additional Remuneration

On 5 March 2007 a Rządowy projekt ustawy o zmianie ustawy o prawie autorskim i prawach pokrewnych (draft Amendment to the Act on Copyright and Related Rights of 4 February 1994) was sent to the Parliament. It refers to the functioning of the Copyright Commission and the procedure with which the scope of additional remuneration (royalties) tables for the use of works or performances covered by collective management shall be established. The amendment follows from the need to achieve conformity with the Constitution, as required by a Constitutional Tribunal’s judgement of 24 January 2006 regarding...

IRIS 2007-6:1/28 [PL] Changes in the Polish Intellectual Property Rights Regime

On 9 May 2007, the Parliament finally adopted an Act amending the Copyright and Related Rights Act and some other legal acts (the Code of Civil Procedure, the Act on Legal Protection of Databases and the Act on Legal Protection of Plant Species). The Act aims at transposing Directive 2004/48/EC on the enforcement of the intellectual property laws, as well as achieving a more adequate transposition of certain provisions of other directives that have been implemented at national level before, namely: Directive 93/83/EEC on the co-ordination of certain rules concerning copyright and rights related...

IRIS 2007-5:1/29 [PL] Act on Disclosing Documents of the State Security Service

On 15 March 2007 the Act on the disclosure of the documents of the State Security Service from the period of 1944-1990 and the content of those documents (so-called "Vetting" or "Lustration" Act) came into force. The Act aims at regulating a complex, difficult, sensitive and not yet fully resolved issue of dealing with people who had collaborated with the Communist regime. The content of the Act has triggered a nationwide political discussion. Moreover, the Act (and its subsequent amendment in 2007) contains a number of provisions that had evoked serious legal doubts concerning e.g. the violation...

IRIS 2007-4:1/29 [PL] Public Debate on the Proposal of a Regulatory Strategy on the Use of Frequencies

On 16 February 2007, the Urząd Komunikacji Elektronicznej (President of the Electronic Communications Office - UKE) organised a public debate on a draft Regulatory Strategy on the use of frequencies. A proposal for a new strategy was already announced by the UKE on 11 December 2006 and was followed by public consultations. Several interested parties submitted their written observations to the UKE, which on 2 February 2007 announced its position as regards the comments received. Finally, a public debate was organised, during which the results of the consultation process were presented. This was...

IRIS 2006-10:1/27 [PL] Proposed Changes in the Intellectual Property Rights Regime

The Ministry of Culture has prepared an amendment to the Copyright and Related Rights Act of 4 February 1994, the Code of Civil Procedure of 17 November 1964, as well as the Industrial Property Law of 30 June 2000, the Act of 27 July 2001 on Legal Protection of Databases and the Act of 26 June 2003 on Legal Protection of Plant Species (each with subsequent amendments), aiming to implement the Community law requirements in the area of Intellectual Property Rights into the Polish legal system. Basically, the bill is targeted at the implementation of Directive 2004/48/EC of the European Parliament...