Odszkodowanie z tytułu naruszenia praw autorskich – rozwój czy degeneracja?
Journal Title: Studia Iuridica - Year 2016, Vol 64, Issue
Abstract
The article examines the claim for damages as regulated in Art. 79 section 1 point 3 letter b) of the Copyright Act and contains an assessment thereof presented against the background of European law. The claim for damages in the case of infringement of copyright is currently provided for in two variants: as compensation falling under general principles of liability for damages and, alternatively, as compensation taking the form of a lump sum. As far as the lump-sum compensation is concerned, it is not necessary for the claimant to prove actual damage. The amount of compensation in this form is set as a double amount (in the absence of culpability on the part of the infringer) or a triple amount (when the infringing conduct is culpable) of an “appropriate royalty”. Such a severe liability violates the civil law standards pertaining to the redress of damages, in particular it interferes with the compensative function of liability for damages. It simultaneously distorts the balance between the claim for a lump-sum compensation and other claims available to right holders in the case of infringement of copyright and, in wider perspective, the balance within the entire system of intellectual property law. It appears dubious whether the legal regulation of the claim for a lump-sum compensation contained in Art. 79 section 1 point 3 letter b) of the Copyright Act is in compliance with the Directive 2004/48/EC on the enforcement of intellectual property rights. Arguments in support of this view have been put forward in the article. Doubts which been expressed in that regard will most likely be clarified by the Court of Justice in its future response to the request for a preliminary ruling, which was made by the Supreme Court.<br/><br/>
Authors and Affiliations
Monika Czajkowska-Dąbrowska
Keywords
Related Articles
- EP ID EP188977
- DOI -
- Views 110
- Downloads 0
The Rule of Law and the Fundamental Role of Lawyers
The speech by Linda Klein – immediate past president of the ABA – has been presented as opening remarks during Poland-US Conference on the Rule of Law in Warsaw on 24 June 2018. In her speech Klein stated that the rule o...
Introduction
-<br/><br/>
The Impact of European Law upon Regulations Governing Rights Related to Parenthood in Polish Labour Law
Membership in the European Union has created for the Polish legislator the duty to adjust Polish law to European standards. As parenthood is an area of intensive legislative activity of the European legislator, it has al...
Ochrona danych genetycznych jako danych osobowych
Any information relating to an identified or identifiable natural person is considered personal data, and as such, is protected by data protection laws. There are, however, a few specific categories of personal data rela...
Selected Regulations of the Common Agricultural Policy Affecting the Competitiveness of Polish Agriculture in the New Financial Perspective
The article presents selected legal problems in the scope of rural development policy, which affect the competitiveness of the agricultural sector in Poland. Selected submeasures identified in the Rural Development Progr...