In the world of gaming, the legality of various types of software used for cheating or “enhancing” the gaming experience (usually in the form of plug-ins) continues to be a topic of debate. In a recent legal opinion (delivered on 25 April, 2024, in case C‑159/23 Sony Computer Entertainment Europe Ltd vs Datel Design and Development Ltd, Datel Direct Ltd), Maciej Szpunar, Advocate General at the CJEU, stated that creating such plugins does not violate game developers’ copyright. This important clarification could also have a negative side effect, as it might encourage further innovation and investment in gaming “enhancements” and any other software facing similar legal issues, potentially impacting the entire IT industry.
Trademarks may be cancelled if not used in a timely manner. However, there are exceptions. A trademark protection right can be retained despite even if the trademark in question is not used if there are compelling reasons to do so. Such reasons must be justified and demonstrated. Recently, the owner of the word mark “MOSTOSTAL” found out that simply waiting for the conclusion of licence agreements cannot qualify as an excusable reason.
The President of the Office for Competition and Consumer Protection (UOKiK) announced the imposition of fines amounting to more than PLN 37 million for alleged price collusion and market sharing. The importer of a well-known brand of electronic monitoring equipment, several of its distributors, and seven managers were sanctioned.
At the end of September, the CJEU delivered a ruling stating that where the wording of a provision in a consumer agreement template is equivalent to that of a clause listed as an abusive clause in the register of abusive clauses, this is by itself grounds for invalidation of that provision. This argument, which incidentally has caused some controversy, is no small matter for traders that enter into agreements with consumers. Since the beginning of 2023, the President of the Office of Competition and Consumer Protection (UOKiK) has been using AI to perform searches for abusive clauses. The AI tool used by UOKiK has learnt to red-flag contractual clauses, using the information in the register of abusive clauses and other sources.
In midsummer, a new legislative proposal concerning franchising agreements emerged, causing concern for many franchisors. Although some of the most controversial ideas were dropped, the final version of the bill does not seem to recognize the risks involved in limiting the use of non-compete clauses in such agreements.
Although the Act on Private Enforcement of Competition Law has been in force in Poland for almost six years, cases of this kind are only now gaining momentum. The Polish competition authority recently, somewhat unexpectedly, made a statement that may encourage victims to take legal action.
The latest enforcement activities of the Polish Office of Competition and Consumer Protection (UOKiK) have proven yet again that UOKiK does not shy away from investigating and bringing charges against the major market players. Last month, the authority announced it was bringing charges against Amazon EU SARL.
When launching a service in a new jurisdiction, it is advisable to double-check compliance with consumer protection rules. Some countries might have a more stringent approach to certain issues than others. This is exactly the case in Poland. The local competition authority (UOKiK) sees consumer protection as a priority, and does not shy away from enforcing the law in cases where – in its opinion – contracting terms do not live up to the expected standard.
Certain motor vehicle importers who trade in well-known models in Poland have changed their approach toward automobile repairs under warranty as a consequence of the activities of the Polish Competition Authority (UOKiK).
