Action vs. Chomikuj.pl portal

Action by a group of book publishers – represented by Wolters Kluwer – vs. the administrator of the Chomikuj.pl portal.

Action for the cessation of the infringement of author’s economic rights of group members by:

  • prohibiting the defendant from using the file exchange system within the service;
  • ordering the defendant, if the defendant has knowledge or credible knowledge that a particular work is being illegally distributed through the service to prevent access to all files on the service whose name contains the title of that work, except for the user who first placed the file on the service;
  • ordering the defendant, if the defendant has knowledge or credible knowledge that a certain file contains a work unlawfully distributed through the service, to prevent access to all identical files, including a copy of that file, even if the name of the copy is not identical to the name of that file, to everyone except the user who first uploaded the file to the service.

12 group members

Stage of examination proceedings. On 13th August 2020 the Court issued a decision to resume the suspended proceedings.

2nd STAGE
  • Decision of the Regional Court in Warsaw 20th Commercial Division of 13th August 2020, XX GC 1004/12 – resumption of the (suspended) proceedings
  • Decision of the Regional Court in Warsaw 20th Commercial Division of 29th May 2020, XX GC 1004/12 – suspension of proceedings
  • The hearing was scheduled for 2nd December 2019 – postponed undated
  • The hearing was scheduled for 9th September 2019 – postponed undated
1st STAGE
  • Statement of claims filed on: 16th November 2012