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Changes to Trademark Law from 16 March 2019
Wardynski & Partners, April 2019

An amendment to the Industrial Property Law took effect on 16 March 2019, transposing into Polish law the Trademark Directive (2015/2436). The amendment is not revolutionary but will certainly have huge practical implications. The changes have been made primarily to better align the EU and national trademark systems...

Strict Time Limits in Construction Work Contracts
Wardynski & Partners, February 2019

For a long time in Polish business practice it has been unclear whether clauses in construction work contracts that require one party to notify the other of circumstances being grounds for seeking additional remuneration are effective. Clauses of this kind can be found in contracts concluded according to FIDIC standard forms of contracts produced by the Fédération Internationale des Ingénieurs-Conseils...

Powers, Duties and Liability of Directors of a Polish LLC
Wardynski & Partners, January 2019

Foreign managers appointed to serve on boards of Polish subsidiaries often donot know what they can doand what they must do. Consequently they are not aware of what liability goes with either of these. They should be.Before discussing the directors of aPolish limited-liability company (spólka zograniczona odpowiedzialnoscia, the most commonly used corporate vehicle for running business in Poland), it is practical to make alittle disambiguation...

Posting Workers to Poland? Learn About Your Duties Before the Polish Authorities
Wardynski & Partners, January 2019

The Act on Posting of Employees for Performance of Services of 10 June 2016, implementing the Posting of Workers Directive (96/71/EC) and the Enforcement Directive (2014/67/EU), imposes anumber of obligations on foreign employers posting their employees to Poland which may prove difficult to implement in practice...

Louboutin Wins Case to Defend Red-Soled Shoes as a Trademark
Wardynski & Partners, August 2018

The European Court of Justice (CJEU) has ruled that Christian Louboutin’s famous red sole does not consist solely of ashape that significantly increases the value of aproduct, and therefore can be registered as atrademark. This is an important victory for the fashion designer in the long-running battle concerning red-soled shoes...

Catch for Newly Appointed Management Board Members?
Wardynski & Partners, August 2018

A gap in legal provisions might mean criminal liability for management board members for not filing financial statements on time. Amendments enacted earlier this year to the National Court Register Act have already caused some confusion and alot of trouble for companies whose management boards solely comprise foreigners...

Outlook on Law and Business in Poland
Wardynski & Partners, October 2017

A new item has been added to the extensive catalogue of the firm’s publications. In our Outlook on law and business in Poland we discuss trends in changes in the law, such as increased regulatory pressure and increased penalisation of commerce. These are illuminated by concrete examples from practice and conclusions concerning the consequences of these phenomena that can be expected to occur or are already happening...

Technology and Its Discontents
Wardynski & Partners, September 2017

Any new technology that gains universal application changes the existing world. The reconfiguration occurs imperceptibly but thoroughly. But in this new reality, how should the rule of law, values essential to the civil society and human rights be protected? A new economic reality functioning in cyberspace has arisen before our very eyes. Human activity, both positive and negative, is moving to the virtual arena that functions above and beyond state borders...

Uber: Transport Services, Not e-Commerce?
Wardynski & Partners, August 2017

According to the advocate general’s opinions in C-434/15 Elite Taxi and C-320/16 Uber France, Uber does not provide information society services, but local transport services which may be regulated by EU member states. It has been more than ayear since we signalled that the Court of Justice of the European Union would need to resolve the legal classification of the services provided by Uber...

Practical M&A Guide
Wardynski & Partners, May 2017

An overview of mergers and acquisitions in Poland. The process, structure and parties to M&A deals, legal restrictions and tax aspects, discussed clearly and accessibly. What to bear in mind, and what details require special focus.   The M&A practice at Wardynski & Partners has prepared a guide to mergers and acquisitions in Poland. In less than 60 pages, we highlight the issues vital to the success of the deal...

The Permissibility of Asking Witnesses Leading Questions in Polish Judicial and Arbitration Practice
Wardynski & Partners, April 2017

Whether witnesses can be asked leading questions is a vital issue for fair trials, but is treated inconsistently in Polish litigation practice. Inspiration can be sought from the rules that have worked for years in common-law jurisdictions. Polish litigators generally share the belief that a witness should never be asked a leading question—that is, a question that suggests to the witness what the “right” answer should be...

Will There Be Lots Of Whistleblowers? A New Antitrust Tool For The European Commission
Wardynski & Partners, March 2017

  The Idea of Using Whistleblowers to Uncover and Combat Anticompetitive Arrangements is Spreading Ever Wider. Recently the European Commission Announced Introduction of Such a Tool. In a press release issued on 16 March 2017, the European Commission announced that it has launched a new tool of antitrust policy. It is an anonymous channel through which individuals can notify the Commission of cartels and other anticompetitive practices...

Tax Sanctions Imposed on Cash Transactions Over PLN 15,000 From 1 January 2017
Wardynski & Partners, January 2017

Under the wording of Art. 22 of the Business Freedom Act of 2 July 2004 in force until the end of 2016, in Poland a business making or accepting a payment worth in each instance over EUR 15,000 is required to route the payment through a bank account. The law imposes certain consequences for failure to comply with this requirement, primarily under the Foreign Exchange Law of 27 July 2002 and the Act on Combating Money Laundering and Financing of Terrorism of 16 November 2000...

First Ruling on Legal Remedies by National Appeal Chamber Since Overhaul of Public Procurement Law
Wardynski & Partners, December 2016

Poland’s National Appeal Chamber (KIO) issued an order on 5 September 2016 of great practical significance, applying new procurement rules on the permissibility of appeals by contractors interested in bidding for public contracts below the EU thresholds...

New Report: Blockchain, Smart Contracts and DAO
Wardynski & Partners, December 2016

Blockchain technology holds vast potential that can only be unleashed with regulatory backing. The potential, initially perceived only by a small circle of cryptography enthusiasts, is now recognised by central banks, governments, and major financial institutions.Smart contracts and decentralised autonomous organisations can change the legal system as we know it while generating new models for the economy...

Is Polish Law Ready for FinTech?
Wardynski & Partners, September 2016

Financial technologies need specific legal solutions and an open approach to the law. There are lots of indications that financial technology, or FinTech, is one of the next chapters in the digital revolution unrolling before our eyes. The role of finance in the economic life of the society was laid bare by the last financial crisis. The tragic consequences of errors committed on Wall Street, i.e...

Energy Law Amendment
Wardynski & Partners, August 2016

The Act of 22 July 2016 Amending the Energy Law and Certain Other Acts was published on 2 August 2016. The act is intended to eliminate the black market in fuels, strengthen competition on the market, and improve Poland’s energy security. The amendments introduced by the act primarily concern the market for natural gas and liquid fuels...

New Regulations For Small Businesses
Wardynski & Partners, June 2016

The Act Amending the Business Freedom Act and Certain Other Acts enteredinto force on 19 May 2016. The changes mainly affect Poland's small businessregister - the Central Register and Information on Economic Activity (CEIDG).   The amended Business Freedom Act clarifies certain terminology used in the regulations but also introduces entirely new solutions governing small businesses...

Public procurement in Poland: An incomplete revolution
Wardynski & Partners, May 2016

Poland did not manage to implement the EU’s new procurement directives on schedule, but contracting authorities are required to conduct proceedings in full compliance with EU law. “In Principle”: The deadline for implementation of the new procurement directives into national law passed in April, but the old act is still in force in Poland...

Radical changes in trademark law
Wardynski & Partners, April 2016

The fairly long waiting time for registration of trademarks at the Polish Patent Office often means that instead of seeking protection in Poland, businesses decide to register with the European Union Intellectual Property Office (EUIPO, formerly OHIM). Although much more expensive, proceedings there are generally fast and simple. Major changes have now been made to Poland’s Industrial Property Law with the aim of making the Polish Patent Office more competitive with EUIPO...

New regulations may slow the growth of wind farms in Poland
Wardynski & Partners, March 2016

A proposed Act on Wind Power Plant Projects presented in February 2016 is intended to specify the rules for siting of wind farms. But the current version of the proposal generates a huge risk for further growth of the wind power sector and for wind farms already in operation and even for persons interested in building housing near existing wind projects. The issue of siting of wind farms near other construction has created a lot of confusion...

EU procedure for monitoring the rule of law
Wardynski & Partners, February 2016

There has been a lot of talk recently about launching of the EU’s procedure for monitoring compliance with the rule of law in Poland, but not much about what exactly the procedure is. Observing the rule of law is a condition for joining and being a member of the European Union. Democracy, human rights and the rule of law are also enshrined in the preamble to the European Convention on Human Rights. Because the rule of law is one of the fundamental values of the EU defined in Art...

Restructuring Law and amended Bankruptcy Law: Scope and essence of changes
Wardynski & Partners, January 2016

The main provisions of the Restructuring Law of 15 May 2015 enter into force on 1 January 2016. It will serve one of the foundations of commercial law in Poland, enabling effective restructuring of insolvent enterprises. The Restructuring Law sets forth the rules for the Polish courts to conduct four separate types of restructuring procedures. It also introduces a range of major changes to the Bankruptcy & Recovery Law of 2003, which from 1 January 2016 is renamed the Bankruptcy Law...

Shareholder loans under the amended Bankruptcy Law
Wardynski & Partners, November 2015

Systemic amendments to Poland’s Bankruptcy & Recovery Law enter into force on 1 January 2016. The main goal of the amendment is to create separate restructuring proceedings governed by the new Restructuring Law. Restructuring proceedings are to replace the former bankruptcy proceedings involving conclusion of an arrangement, as well as recovery proceedings, currently conducted under the Bankruptcy & Recovery Law...

TTIP: Opportunities and threats for Europe’s power sector and energy-intensive industries
Wardynski & Partners, November 2015

Signing the transatlantic free-trade agreement could increase Europe’s energy security. The trick is how to compete with American companies that are already using cheaper energy and don’t have to comply with the same restrictions on CO2 emissions. The 10th round of negotiations of the Transatlantic Trade and Investment Partnership agreement, or TTIP as it is known, was held in Brussels in July 2015...

 

 

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