already in force | In Principle

An amendment to the Polish Civil Code has created new types of commercial proxies but also raised doubts about the legitimacy of joint commercial proxies granted before the new legislation came into force.

The amendment of the Public Procurement Law which entered into force on 28 July 2016 opens up broader possibilities for protecting the interests of contractors in appellate proceedings before the National Appeal Chamber (KIO).

The Act Amending the Business Freedom Act and Certain Other Acts entered into force on 19 May 2016. The changes mainly affect Poland’s small business register—the Central Register and Information on Economic Activity (CEIDG).

Numerous major changes have entered into force in Poland in recent months in the area of criminal procedure, surveillance of citizens, and how the prosecution system is run.

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.

Apart from the recognition of letters of consent, a major change in trademark law already in force is the possibility of registering a mark containing the name Polska or Poland (or the abbreviations RP or PL), or the name of a Polish locality, without the need to obtain the consent of the relevant authorities.

On 1 February 2016, the Act on the Tax on Certain Financial Institutions came into force, introducing a “banking tax” and giving rise to multiple differences of opinion in the Polish banking and insurance sectors.

New rules for determining maximum interest rates and statutory interest rates for both interest on capital and interest on delay entered into force on 1 January 2016.

An amendment to the Civil Procedure Code entered into force on 1 January 2016, raising the importance of mediation and significantly changing Poland’s mediation regulations. This will also affect the course of judicial proceedings commenced from that date forward.

Financial services are not always performed as they should be, and procedures for considering customer complaints have not always been effective. Consequently, in May 2015 the Polish Financial Supervision Authority adopted a resolution on consideration of customer complaints, and in August the Sejm adopted the Act on Consideration of Complaints by Financial Market Entities and on the Financial Ombudsman. The act has just entered into force.

On 1 July 2015, lawyers and parties to criminal proceedings in Poland entered a new reality. But will adversarial criminal trials truly unburden the courts and speed up the process?

The Act of 29 August 2014 Amending the Corporate Income Tax Act, the Personal Income Tax Act and Certain Other Acts went into force on 1 January 2015.