IP courts: Cancellation of trademarks and industrial designs not only before the Patent Office
In our latest article on intellectual property courts, we discuss the provision enabling defendants to assert claims in their defence against claims of infringement of trademarks and industrial designs. Currently, it is possible to file a counterclaim seeking invalidation or revocation only in the case of EU trademarks (Regulation (EU) 2017/1001) and Community designs (Regulation (EC) 6/2002). This will change from 1 July 2002, when defendants will be allowed to file such counterclaims also in proceedings in Poland involving national IP rights.
IP courts: Change in regulations on information claims from 1 July 2020
In our series of articles on IP courts, we cover the key changes under the amendment to the Civil Procedure Code in cases involving protection of intellectual property. We previously wrote about introduction of the new separate procedure and on applications to preserve, present and disclose evidence. Now we analyse the most important changes involving information claims.
IP courts: Will it be easier to prove infringements?
As we recently discussed, on 1 July 2020 provisions introducing a new type of separate procedure in intellectual property cases will enter into force, as well as new institutions designed to strengthen the protection of IP rights and harmonise the provisions implementing the IP Enforcement Directive (2004/48/EC), which have been dispersed around several different acts of Polish law. Among other things, this will change the rules for preserving evidence of infringement. It will also be possible to demand that evidence be produced or turned over.
IP courts: Changes in proceedings for protection of intellectual property
The latest amendment to the Civil Procedure Code enters into force on 1 July 2020, aimed at creating specialised courts handling intellectual property matters.
Changes in taxpayers’ dealings with the tax authorities and administrative courts: Shield 3.0
Many changes affecting taxpayers’ relations with tax authorities and the administrative courts have been introduced as part of the rollout of successive versions of the Anti-Crisis Shield. Under Shield 3.0, which entered into force on 16 May 2020, taxpayers, tax authorities and the administrative courts are emerging from hibernation.
Can a business be a consumer? Yes, from 1 June 2020
From 1 June 2020 the regulations on prohibited contractual provisions (abusive clauses), so far applicable only to consumers, will in certain situations also apply to sole traders. This change will generate many practical problems.
Contractual advantage: Examples of potentially prohibited practices
A new regulation, Art. 385(5) of the Civil Code, enters into force on 1 June 2020. It expands the application of provisions on abusive clauses to cover sole traders. This provision may have repercussions under the Contractual Advantage Act. The competition authority may treat the use of abusive clauses by an entity holding a contractual advantage in contracts with sole traders as abuse of a contractual advantage.
How to establish collateral on investment certificates of closed-end investment funds?
In 2019, legal regulations came into force providing for a mandatory dematerialisation of investment certificates issued by closed-end investment funds, including those which are not a part of a public offering and have not been admitted to an organised trading market. Newly issued certificates will no longer be able to be issued as a document, or function as an entry in the record of investment certificates kept by an investment fund company. They will have to be registered in the depository of securities kept by the Krajowy Depozyt Papierów Wartościowych (National Depository for Securities, KDPW). These regulations were then supplemented by rules for how an issuing agent must operate a register of investment certificates before their registration in KDPW. This fundamental change entails a number of practical and formal consequences that are significant in establishing and enforcing collateral on investment certificates.
Doubts about the act on GMO-free products
From 1 January 2020 we could see new labels on the market on food and feed: “GMO-free” and “produced without GMOs.” But considering the requirements producers must meet before using such labelling, it may take longer for these products to reach the market.
Public companies must adopt a compensation policy
On 5 November 2019, the President of Poland signed into law an amendment to the Act on Public Offerings and Conditions for Introduction of Financial Instruments into an Organised Trading System and on Public Companies. Most of the new regulations enter into force 14 days after publication of the amending act. It is intended to adjust Polish law to reflect the entry into force of the EU’s Prospectus Regulation (2017/1129) (which generally should have been done by July).
Mandatory websites for joint-stock companies
With the New Year, an amendment to the Polish Commercial Companies Code will enter into force requiring every joint-stock company or joint-stock limited partnership to maintain its own website for communicating with shareholders. The new obligation is motivated by the process of digitalisation of joint-stock companies, but is also designed to increase protection of shareholders’ rights.
The simple stock company
Funkcjonowanie spółek handlowych podlega ograniczeniom płynącym ze sztywnego gorsetu przepisów Kodeksu spółek handlowych. Od 1 marca 2020 r. należy się spodziewać istotnych zmian w tym względzie. Prezydent właśnie podpisał ustawę o prostej spółce akcyjnej.
