2018-09-30

Judgment regarding copying of design

In 2016 and 2017, a criminal case was heard at the District Court (Sąd Rejonowy) in Gdańsk, Poland, regarding copyright infringement and copying of an amber and silver pendant design. The defendant Mrs. Mirosława Derdzikowska was found guilty as charged. The court of second instance upheld the ruling. The defendant was sentenced to pay a fine, to pay exemplary damages to the injured party and to cover the court fees. The court ordered that the judgment be made public by display in Polish and English on the website of the International Amber Association.

It is the first lawsuit in our sector which concluded with a conviction in a criminal case. Such a ruling makes it easier for the injured party to seek redress in a civil lawsuit. It is especially important to note how the ruling is to be made public, which is without precedent. In the nearest future, we are planning a meeting on copyright law, including copyright registration and lodging a copyright claim in such cases, along with a discussion of the ruling and its justification.

In attachement You can find the ruling of the District Court.