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French inheritance documents in Polish reprivatisation proceedings
Reprivatisation cases require identification of all the former owners of the property as well as their legal successors. Thorny problems can arise when inheritance documents from France are involved.
Localisation of foreign civil register deeds in Poland
Identifying all the parties to reprivatisation proceedings can be difficult when the heirs of the former owners are spread around the world. Proving legal succession requires submission to the court of civil register documents, which may be registered in Poland for the purpose of Polish legal proceedings.
Can colour be a trademark?
Although in theory it is possible to register a trademark in the form of a single colour, in Polish practice such marks are vanishingly rare. Essentially, such protection is possible only if the applicant proves “secondary distinguishing power”—showing that the target customers for the goods clearly associate the colour with a specific company.
FIDIC: Is the contract engineer an agent for the investor?
The engineer’s task is to take necessary measures to ensure that the contract is performed correctly and on time. But not all actions by the engineer will directly affect the investor’s own rights and obligations.
New Council of Europe recommendation on processing of employee’s personal data in light of new technologies
The new recommendation on processing of data for purposes of employment is designed to meet challenges posed by greater digitisation.
Major changes to the Industrial Property Law
A long-awaited bill to amend the Industrial Property Law of 30 June 2000 was submitted to the Sejm on 12 March 2015. The proposed changes affect dozens of regulations. The bill would repeal some existing provisions but also introduce new features to the law.
One resolution, many doubts
The Supreme Court has ruled that it is impermissible to issue a commercial proxy to one person allowing the proxy to act only jointly with a member of the management board. What does this ruling mean for companies that have already issued such proxies?
Negative equity—the balance-sheet test—as grounds for bankruptcy
A company whose obligations exceed its assets should file a bankruptcy petition. If it does not, the creditors may file a petition and then seek to hold the members of the debtor’s management board liable for their claims. A rule that generates lots of practical problems remains in force in Polish bankruptcy law.
Restructuring should begin with a forensic audit
A forensic audit at the start of the restructuring process should enable the company to uncover irregularities and take the right remedial measures.
Internal investigations: An alternative for law enforcement authorities?
Internal investigations conducted by enterprises in-house when irregularities are suspected offer many advantages to businesses compared to initiatives undertaken by public law enforcement authorities.
