Polish Supreme Court dismissed appeal, ruling copyright society's hologram cost demand violated competition law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the copyright society's cassation appeal against the competition authority's decision. The society argued that requiring licensees to pay hologram costs violated contract law, but the court found this practice constituted an abuse of dominant position. The court ruled that forcing additional costs unrelated to the core licensing subject matter violates the principle of contractual equivalence and freedom of contract.
Legislator headnote
AI generatedArt. 8 ust. 1; Art. 8 ust. 2 pkt 4 ustawy z dnia 15 grudnia 2000 r. o ochronie konkurencji i konsumentów: Requiring a licensee to bear costs for hologramming, unrelated to the core subject of the licensing agreement, constitutes an abuse of dominant position and violates the principle of contractual equivalence.