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Dr hab. Paweł Podrecki
ORCID: 0000-0002-1865-3689

Professor at the Institute of Law Studies of the Polish Academy of Sciences (INP PAN), and head of the Private and Intellectual Property Law Center and New Technologies Law Center at the INP PAN. He is also head of new technologies law and public procurement law postgraduate studies. He gives lectures and seminars at the Jagiellonian University and INP PAN. He is on the Academic Council of "Law Courses/Studia Prawnicze", and the Program Council of the Law Journal "Palestra". He is also on the Program Council of "New Technologies Law Quarterly/Kwartalnik Prawa Nowych Technologii". He has authored a number of publications on intellectual property law, competition law, and EU law issues. Co-founder of Traple Konarski Podrecki i Wspólnicy. He has been frequently recommended in Polish and international intellectual property law and competition law rankings (including Chambers Europe, Chambers Global, WTR1000, Legal 500, and "Rzeczpospolita").

 
DOI: 10.33226/0137-5490.2024.12.2
JEL: K15, O30, O34

The article attempts to present the basics of the protection of the name of a product derived from the nickname of a well-known sportsman on the basis of the provisions of the industrial property law, the Act on combating unfair competition and as a personal right. The analysis is conducted on the basis of judgments of common courts and the Supreme Court, in which decisions were made regarding the trademark and the nickname "Tiger". The theses of these judgments are not entirely consistent with each other, which justifies a discussion whether, in addition to the regulation of industrial property law, in particular concerning trademarks and the good practices clause in the law of combating unfair competition, it is permissible to qualify a nickname as a personal right within the meaning of the Civil Code. The issues raised are related to the status of personal rights not included in the statutory catalogue of Article 23 of the Civil Code, which as a result of their use by well-known persons acquire commercial features.

Keywords: intellectual property rights; catalogue of personal rights; right to a well-known trademark; claims for acts of unfair competition
DOI: 10.33226/0137-5490.2021.2.2
JEL: K24

The issue of copyright exhaustion has repeatedly been directly or indirectly the subject of the jurisprudence of national courts and the Court of Justice of the European Union. Due to changes in the digital markets, the purpose of this article is to make a legal assessment of the disposability of digital keys for computer games, taking into account, in particular, the issue of copyright exhaustion and posing the question of whether it requires a change of legal approach. The article also touches upon legal issues concerning antitrust regulations, geoblocking, and liability of digital distribution platforms.

Keywords: digital keys; UsedSoft; computer games; video games; copyright exhaustion; digital distribution platforms