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Detention of goods suspected of infringing intellectual property rights when trying to introduce them to the European Union market – IPR Enforcement Regulation

Publication date: January 06, 2025

Introduction

The modern economy based on knowledge and innovation makes intellectual property rights (IPR) a key element in protecting the interests of creators, inventors, and entrepreneurs. Infringement of these rights by illegally introducing counterfeit goods to the market poses a serious threat to both fair competition and consumer safety. The European Union has introduced systems aimed at detaining such goods at the time of their attempted import into the Community, which is regulated by detailed legal provisions, as well as procedures related to the protection of intellectual property rights. This article discusses the mechanisms for detaining goods suspected of infringing IPR, with particular emphasis on the legal regulations in force in the European Union.

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Demonetization of website content in view of contract execution and AI algorithms

Publication date: January 06, 2025

Modern internet platforms, such as YT, have revolutionized the way we create and consume video content. Example: the American platform YouTube, with over 2 billion monthly active users, a significant portion of whom, in Poland for example, are increasingly professional journalists.

Such a service is therefore another source of distribution of video content created by professionals, including materials that earn money from advertising. Creators who share their videos on the platform therefore count on income from the so-called content traffic and popularity of the content as well as from displayed ads. Platforms that were originally formed to create the freedom to share, edit, broadcast live and comment on videos for free have now become a place of conflict of interest between preventive content security measures and freedom of press activity.

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Information on the binding force of the general tax interpretation and the withholding tax mechanism and general tax interpretations regarding the dividend exemption – Polish and EU perspective

Publication date: January 03, 2025

Binding force of general tax interpretation

A general tax interpretation is an institution regulated in the Polish tax ordinance of 29 August 1997. It is a legal instrument used by the Polish Ministry of Finance to explain tax law provisions to ensure their uniform application, prevent differences in interpretation and reduce the risk of many conflicting interpretations of tax regulations by tax authorities. A general tax interpretation may be issued ex officio or upon application, which, in accordance with paragraph 2 of Article 14 of the tax ordinance, should justify the need to issue an interpretation, i.e. contain a presentation of the issue and an indication of the tax law provisions that require interpretation and an indication that in the same legal situations there has been an inconsistent application of tax law provisions by tax authorities. An essential part of a general interpretation is to describe the issue in connection with which the interpretation is issued and to explain the scope and manner of application of the provisions in the aforementioned issue.

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Certification of food supplements – Polish and EU perspective

Publication date: January 03, 2025

Dietary supplements with vitamins are subject to regulations contained in the Act of 25 August 2006 on food and nutrition safety. The definition of a dietary supplement is found in Article 3 of the aforementioned Act. A dietary supplement is a food product that is a source of vitamins or minerals or other nutrients, the purpose of which is to supplement the diet. A dietary supplement does not belong to the group of pharmaceutical products but to the group of food products.

In order for a dietary supplement to be placed on the market, it is not required to obtain a certificate. According to Article 29 of the Food and Nutrition Safety Act, the product must be reported to the Chief Sanitary Inspectorate (Polish GIS) at least 14 days before being placed on the market.

The certificates that a plant producing dietary supplements can obtain are the GMP and HACCP certificates.

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Intellectual Property Protection and Artificial Intelligence

Publication date: January 03, 2025

Today, thanks to access to artificial intelligence, people can significantly speed up and streamline their work. Moreover, AI’s existence greatly facilitates work in fields where a person may lack knowledge or has only a very narrow understanding. Nowadays, anyone who inputs the right command into an AI program can generate texts, sounds, videos, or graphics. Whereas in the past, this required the professions of copywriters, film editors, or graphic designers, today their role is not as crucial. However, a question arises—who owns a work generated by AI? Is a text written by an advanced language model the intellectual property of the person who provided the prompt?

The Monkey Selfie

To explore this issue further, one should refer to the case of the famous “monkey selfie”, where similarities can be observed regarding authorship and intellectual property in situations where the traditional creator is not clearly defined. The “monkey selfie” case involved a photo taken by the macaque monkey Naruto, who accidentally pressed the shutter button of photographer David Slater’s camera. The photo quickly became popular online, and the issue of its copyright sparked a heated legal debate. Ultimately, the court ruled that copyright did not belong to the monkey, as animals cannot be subjects of copyright law, nor directly to the photographer, who was not the creator of the actual photo despite providing the equipment.

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