| In Principle

The new Agricultural System Act of 5 August 2015 enters into force on 1 January 2016, superseding the act of 11 April 2003. Barring further amendments, from the New Year the Agricultural Property Agency will be vested with expanded pre-emptive rights and new rights to decide on whether agricultural establishments can be partitioned.

The varying definitions of life science products and applicable provisions of EU directives and regulations can confuse even the most experienced judges, as in the case of a recent preliminary ruling by the Court of Justice sought by the regional court in the German city of Krefeld.

The nature of the resources that can be presented in a tender to demonstrate a contractor’s economic capacity raises doubts concerning the permissible forms in which economic capacity can be realistically shared. But the latest case law shows that there are actually many different ways for a contractor to make use of the economic capacity of another entity.

The amendment to the arbitration law that enters into force on 1 January 2016 should increase the popularity of Poland as an arbitration forum. Lawmakers did not take full advantage of the opportunity to expand the scope of arbitration, however, ignoring calls for changes in the arbitrability of corporate disputes.

Demolition of all or part of a structure erected as a result of unlawful construction is not the rule, but is an alternative to legalisation of the structure, which should always be applied whenever the structure is consistent with the planning guidelines and other regulations such as technical construction regulations.

Micro, small and medium-sized enterprises, often family firms, are the driving force behind the Polish economy and the hallmark of Polish entrepreneurship. But Polish law is not ideally suited to the specific nature of family firms. Hence new legal solutions are being proposed that would help family firms pursue their business in Poland.

Effective resignation by a member of the management board of a company is not an easy matter. The First President of the Supreme Court of Poland recently applied for a resolution on the matter by a seven-judge panel of the Supreme Court.

The amendment of 24 July 2015 to the Industrial Property Law doesn’t enter into force until 1 December 2015, but another amendment has already been published—dated 15 September 2015 and entering into force on 15 April 2016. Letters of consent are the most important change introduced by the first amendment, while the second amendment will revolutionise the system for obtaining protective rights to trademarks. The changes will affect the registration procedure and the grounds for lapse of protective rights.

In computer games and apps, the use of images of nature, like mountain streams, does not raise doubts in terms of copyright. But the use of architectural structures, such as bridges, monuments or buildings, can be problematic, because they are generally regarded as “works” for copyright purposes.

Systemic amendments to Poland’s Bankruptcy & Recovery Law enter into force on 1 January 2016.

Conceptual similarity between trademarks may be sufficient to find a risk of confusion even when there is little visual similarity between the marks, if the earlier mark has become highly distinctive through its use.

New rules on heirs’ liability for decedents’ debts are the most significant changes in the set of amendments to the Civil Code and the Civil Procedure Code, among other acts, effective 18 October 2015.