Monitor Prawniczy

no. 11/2020

Protection of image as a personal interest and as an intellectual property institution

Joanna Wojewódzka
Autorka jest rzecznikiem patentowym w kancelarii Drzewiecki, Tomaszek & Wspólnicy.
Abstract

The gloss concerns the judgment of the Court of Appeal in Warsaw (25.7.2019 r., I ACa 137/19), which was passed under the proceedings instituted as a result of a suit for protection of infinged personal interests by removing the publications and comments thereto on the website indicated in the claim as offensive to the image, dignity and right to artistic freedom of the plaintiff, and to remove offensive or vulgar comments posted under the articles. The Court of Appeal in Warsaw found in the judgment that violation of personal interests, including image, should be considered in objectified categories resulting from social assessments, legal awareness, rules of social coexistence and moral principles, with an element of a typical, average reaction. The gloss approves of the judgment and indicates new possibilities of protecting commercially used personal interests, including image.