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Proving the fame of a trademark for alcoholic beverages before the Polish courts
The fame or renown of a trademark is not a concept defined in Polish or EU law. The courts try to clarify this notion by pointing to the criteria that must be met for a mark to be regarded as renowned. Although these criteria are already well-established in the EU case law, the Polish courts sometimes add new requirements.
Can the name of an alcoholic beverage be misleading?
Alongside the trademark, the label of a product must also identify the product itself, so that consumers know what type of product they are being offered. But in the European Union alone, there may be a dozen or more legal definitions of certain alcoholic beverages, such as cider or perry. This means that the qualitative requirements differ across various member states, presenting a huge challenge for producers, particularly when the EU policy agenda has taken up the fight against double standards for foods offered in different parts of the EU.
Infringement of personal rights in the alcoholic beverage industry
Commercial exploitation of the attributes of well-known, admired or distinguished persons can bring a product positive associations, build recognition, and reinforce popularity. It is a guarantee of the highest quality and reliable origin. Names and images of long-dead historical figures in particular are often found on labels and in ads for alcoholic beverages. Sobieski, Chrobry, Poniatowski, Jagiełło, Kazimierz Wielki and Pułaski gaze at tipplers from bars and store shelves, along with Chopin, Ogiński and Amundsen. Can the use of attributes of a third party, including someone who is no longer alive, constitute an infringement of personal rights, and if so, whose? And what are the legal consequences? The answers are not always obvious.
Investment disputes in the era of the Fourth Industrial Revolution
Technological advance and resultant socio-economic “revolutions” have always triggered significant developments in international economic law.
Is a contract valid if the content does not correspond to a company’s scope of business?
The consequences of a transaction falling outside the scope of business specified in the articles of association.
The long and winding road to lawful distribution of dividends
The process leading up to payment of dividends by a company, although highly formalised, is familiar to the players and should not present great difficulties. But it nonetheless requires vigilance, because failure to comply with the statutory requirements can have serious consequences, particularly as it is easy to fall afoul of the changing regulations.
Jurisdiction in cases involving international construction contracts under the recast Brussels I Regulation
In disputes involving cross-border construction contracts, one of the questions to be resolved is jurisdiction. Before joining issue in litigation in Poland, the defendant may assert the defence of the lack of jurisdiction of the Polish courts. Jurisdiction in such cases will be determined by applying the recast Brussels I Regulation. The Wrocław Regional Court recently issued a ruling on application of this regulation in civil litigation involving construction works.
European Commission calls on Austria to eliminate barriers to oversight in public procurement
On 25 January 2018 the Commission sent a formal summons to Austria to eliminate irregularities in national law limiting contractors’ rights to seek review of actions by authorities conducting public procurement procedures.
Artificial intelligence and the assault on the legal profession
A forthcoming breakthrough in smart algorithm systems will certainly revolutionise the entire economy, much as internet access has become universal. This revolution will not just impact opportunities for finding work in professions such as translator or driver, but will also completely transform the operations of the justice system. This was demonstrated in a recent competition to predict the results of court proceedings between a group of lawyers and an algorithm created by an English startup.
The Terezin Declaration and the JUST Act: What is right and what is imaginary
Recent media reports have claimed that a bill being considered by the US Congress would allow Jewish organisations to seek compensation for so-called heirless property and make other claims under the 2009 Terezin Declaration. While such fears are entirely imaginary, they represent a good opportunity to examine the Terezin Declaration and the state of its implementation in Poland.