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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...

IRIS 2006-10:1/26 [PL] Constitutional Tribunal Examines Act on Cinematography

The Polish Constitutional Tribunal held in its judgemnt of 9 October 2006 that the provision of Article 19 paragraph 9 of the Act of 30 June 2005 on cinematography is in conformity with the Constitution of the Republic of Poland. The Act of 30 June 2005 on cinematography came into force on 19 August 2005; provisions on deductions being an important part of the cinematographic production support system (Article 19) came into force on 1 January 2006 (see IRIS 2006-1: 18) The Act on cinematography established in its Article 19 an indirect support system aimed at strengthening the domestic cinematographic...

IRIS 2006-7:1/31 [PL] Constitutional Tribunal on the Amendment of the Broadcasting Act

In its decision of 23 March 2006, the Polish Constitutional Tribunal has found certain regulations of the Polish Broadcasting Act to be unconstitutional. The subjects of the constitutional complaint were the amendments of 29 December 2005 to the Broadcasting Act and other Acts (see IRIS 2006-2: 18) which included some important changes concerning the composition and functioning of the National Broadcasting Council (NBC), the protection of ethics of journalism as a new task of the NBC and the privileged treatment of so-called “social broadcasters”. NBC is one of the constitutional organs of State...

IRIS 2006-6:1/31 [PL] Amendment of the Polish Broadcasting Act Due to a Decision of the Constitutional Tribunal

The Broadcasting Act of 29 December 1992 (Journal of Laws of 2001 No. 101, Item 1114 with subsequent amendments), which mainly governs the audio-visual sector in Poland, has been most recently amended on 29 December 2005. Some of those amendments caused legal reservations and a lot of discussions, e.g. the fact that the Chairman of the National Broadcasting Council (NBC) should be appointed and dismissed by the President of the Republic of Poland. Upon appeal the Constitutional Tribunal, which is authorised to review norms in the context of the principles laid down in the Constitution of the Republic...