Traple Konarski Podrecki i Wspolnicy is reporting that it has represented the Polish Filmmakers Association (SFP) in a matter before the Court of Justice of the European Union, which, on January 25, 2017, issued its judgment.
According to TKP, the CJEU's judgment came "in case C‑367/15 concerning the compatibility of the provision of the Polish law on copyright and related rights which allows lump sum damages for infringement of copyrights in the amount corresponding to twice the appropriate license fee."
The firm reports that "the CJEU judgment was issued in reply to a question referred by the Polish Supreme Court for a preliminary ruling in the action filed by the Polish Filmmakers Association, which was represented, both in national proceedings and before the CJEU, by TKP Partners Professor Elzbieta Traple and Attorney at Law Wojciech Kulis." According to the firm, "in line with the position presented by the SFP representatives, the provision of Article 79(1)(3)(b) of the Act of 4 February 1994 – Law on Copyright and Related Rights was considered compatible with Article 13 of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the Enforcement of Intellectual Property Rights. What is interesting in that case, the position of the CJEU was significantly different than the opinion presented by the Advocate General."
Finally, according to the firm, "as regards the model of claims for infringement of copyrights, this is undoubtedly a significant judgment, not only for Poland, but also for the other Member States of the European Union which allows claims for damages as a lump sum."
