Janusz Piotr Kolczyński
Attorney-at-law, Managing Partner

Areas of specialisation: procedural law, contract law, Internet law, copyright, trademarks, combating unfair competition, personal data, personal interests, sports law.

Janusz Piotr offered advice for technological companies, Internet and television companies, fuel, spirits, construction, tobacco, cosmetic companies, as well as film producers and distributors, and manufacturers of electronic equipment and luxury goods. He conducted disputes and negotiations with royalty collection and distribution societies and state institutions. He took part in court proceedings regarding infringement of rights to well-known trademarks and conducted domain disputes before the Court of Arbitration in Warsaw. He also participated in court disputes related to the infringement of personal interests resulting from press publications. He offered advice for tobacco companies in the area of right to advertise. He represented clients before the General Inspector for Personal Data Protection in a procedure on procuring approval for transfer of personal data outside of the European Economic Area. Kolczyński acquired his initial professional experience as a legal advisor in Wardyński & Partners Law Firm and as a head of the intellectual property and new technologies section in PwC Legal Polska. Janusz Piotr is a doctoral student at the Institute of Law Studies of the Polish Academy of Sciences. In 2001, he was a scholarship holder at the Max Planck Institute in Munich.



By means of yesterday’s judgment, the CJEU is trying to mitigate the adverse trend in judicial decisions with respect to the right of communication of works to the public which has emerged after 2013 after the Svensson case.


Sport rivalry has moved to court. This is all due to a petition that “POLONIA” Municipal Sports Club in Warsaw with its registered office in Warsaw has filed against ARKA S.A. Gdynia Basketball Club from Gdynia seated in Gdynia. The defendant was also an Arka contestant, who previously played for the Warsaw club. The case pertained to the amount of compensation for his training which was due for the Warsaw club for transferring the contestant to the Gdynia club.


Below is another brief discussion of novelties which, on account of the Directive on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (“DSM Directive”) of 17 April 2019, will soon be introduced to the copyright law.


On 11 April 2018 at Warsaw University, I gave a lecture on inalienable remuneration (audiovisual royalties) for public broadcasting of audiovisual work, during a doctoral seminar chaired by Professor Monika Czajkowska-Dąbrowska.


The article outlines the issue of remuneration for using of audiovisual works in Poland by also looking into a new movement in the world of copyright law. The amount of audiovisual royalties collected by CSs in Poland is currently significant and still growing, since the right in question is attributed both to Polish as well as to foreign authors or artistic performers who do not even have to be members of (proper) collecting society to demand royalties. It is the every user of an audiovisual work under the obligation to pay to the statutory royalties


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