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  1. 2 Internal Security

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  1. 2 Doliński J.

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  1. 1 2014

  2. 1 2012

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1

Customs Law Versus Infringements of Intellectual Property Rights

100%
Doliński J.
Internal Security
|
2014
|
vol. 6(1)
23-32
EN
In the Digital age, when the main focus of the society is on the issue of transferring pieces of works by electronic meansand at the same time infringing intellectual property rights (IPR), it is worth to remember how important role the customs law playsfor the import of material carriers. Customs services are authorized to detain goods suspected of infringing intellectual propertyrights which are covered on the basis of issued decisions as well as ex officio in the situation when the application has not beensubmitted by the right holder and a serious suspicion of goods infringing intellectual property rights exists. The priority in this caseis fighting against counterfeit and pirated goods. The discussed issue is governed by the provisions of national and European customslaw. The recent EU regulation on the enforcement of intellectual property rights by customs services extend the range of possibilitiesgiven in the procedures concerning destruction of goods infringing intellectual property rights. The main problem with this issueis to find balance between reasonable enforcement of these procedures and excessive use of control procedures that may affectinterests of entrepreneurs e.g. the continued detention of goods intended for export. The following paper is an attempt to bring upthe most important issues connected with this rather rarely discussed subject. The article concerns the provisions of Customs Law,Copyright Law and derivative rights as well Industrial Property Rights. The issue of customs law with respect to intellectual propertyrights is still too rarely discussed by the lawyers and it should be taken into consideration especially due to the dynamic changestaking place in the cross‑bordertrade policies of the EU and its eastern neighbours.
2

Legal Boundaries Between Internet Piracy and a Legal Exchange of Files Through the Internet

100%
Doliński J.
Internal Security
|
2012
|
vol. 4(1)
165-180
EN
Copyright is a field of legal science which requires constant amendments to adjust it to the pace of development of modern technologies. One of the problems that has not been precisely regulated by the branch of intellectual property rights is the issue of legality of multimedia file downloading from the Internet. Across the world the position of legal professionals is divided on the issue of admissibility of both downloading and uploading. Free downloading of music or films has led to losses of millions and millions of dollars among the producers of these works on CD/DVD medi. Corporations decided to take care of their business by intensifying the fight against Internet piracy through a series of free educational programs to shame participants in this phenomenon as well as by lobbying for appropriate laws. As a result, within the last years this matter has been reviewed and developed in certain legislative acts (e.g., French law HADOPI, international agreement ACTA) dedicated to fighting Internet piracy. And they raise the questions which should be answered basing on the contemporary legal situation in our digitising world. What are the legal consequences for unauthorised placement of a copyright file on the Internet? Is file downloading always a case of Internet piracy? What features distinguish a crime having been committed? The author presents a full legal analysis of file distribution and downloading on the Internet basing on the Polish law and a comparison to legal regulations and judicature of the EU and other countries.
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