Abolition of the graphical presentation requirement for national trademarks
One of the changes in the amendment of the Industrial Property Law is that there will no longer be a graphical presentation requirement for trademarks. From 16 March 2019, it is possible for trademarks to be presented in any form using generally available technology, provided that they are presented in a clear, precise, independent, understandable, durable, objective, and easily accessible manner.
![Abolition of the graphical presentation requirement for national trademarks](/upload/thumb/wordpress/2017/03/149_new_auto_800x800.png)
Collective mark and guarantee mark
An amendment to the Industrial Property Law has led to changes regarding particular types of trademarks such as collective marks and guarantee marks. Collective marks were included in the previous version of the act, but the guarantee mark is something new, replacing the collective guarantee mark. This will have certain implications for businesses.
![Collective mark and guarantee mark](/upload/thumb/wordpress/2017/03/43_new_auto_800x800.png)
Licensee as claimant: A significant new entitlement
A licensee’s right to bring a legal action in proceedings for infringement of a trademark was introduced by the amendment to the Industrial Property Law. So far, in the case of national trademarks, only an exclusive licensee entered in the register could pursue claims for trademark infringement on an equal footing with the proprietor. This has changed from 16 March 2019.
![Licensee as claimant: A significant new entitlement](/upload/thumb/wordpress/2017/03/139_new_auto_800x800.png)
Trademarks in dictionaries and encyclopaedias
Can a trademark owner require the publisher of a dictionary to indicate alongside the colloquial definition of a word that the word is a registered trademark?
![Trademarks in dictionaries and encyclopaedias](/upload/thumb/wordpress/2017/03/72_new_auto_800x800.png)
Liability of intermediaries for trademark infringement
The amendment to the Industrial Property Law in force since 16 March 2019 provides that a person whose services were used in an infringement is also liable for infringement of the protected right to a trademark. A trademark owner may demand that such a person refrain from infringing the trademark, turn over unjustly obtained benefits and repair the damage (where the infringement is culpable). Thus the new regulations introduce the intermediary’s own liability for trademark infringement.
![Liability of intermediaries for trademark infringement](/upload/thumb/wordpress/2017/03/127_new_auto_800x800.png)
Amendments to the rules on transit of counterfeit goods
The amendment to the Industrial Property Law extended the rights of trademark proprietors. From 16 March 2019, on the basis of domestic regulations, they may prevent transit of counterfeit goods.
![Amendments to the rules on transit of counterfeit goods](/upload/thumb/wordpress/2017/03/284_new_auto_800x800.png)
Is it now time for employment contracts in electronic form?
As of 1 January 2019, amendments to the Labour Code came into force allowing employee files to be kept in electronic form. This raises the obvious question of whether employment contracts can be in electronic form as well.
![Is it now time for employment contracts in electronic form?](/upload/thumb/wordpress/2017/03/292_new_auto_800x800.png)
Employee capital plans mean new obligations for employers
The Employee Capital Plan Act, which came into force on 1 January 2019, is one of the most important legislative developments of 2019. This is especially true for employers, as they need to prepare for the new obligations and further expenditure. On the other hand, employee capital plans (ECP) could substantially increase Poles’ savings and be an additional source of income in retirement.
![Employee capital plans mean new obligations for employers](/upload/thumb/wordpress/2017/03/30_new_auto_800x800.png)
Can shops operate on 12 November 2018?
The President of Poland signed a law establishing 12 November 2018 a public holiday. It has only a few articles and deals with an individual case, and yet it gives rise to a discussion as whether 12 November 2018 is covered by trade restrictions. Despite an opposite position of the National Labour Inspectorate and the Ministry of Family, Labour and Social Policy, it seems that shops may be opened if retail staff is employed on the basis of civil law contracts, works in shifts or there are other exceptions to the work ban on non-working days as specified in Art. 151[10] of the Labour Code.
![Can shops operate on 12 November 2018?](/upload/thumb/wordpress/2017/03/324_new_auto_800x800.png)
Further amendments on financial statements
As of 1 October 2018, companies will no longer prepare paper financial statements. After more than six months of implementation of the new regulations, we can make an initial assessment of their application in practice.
![Further amendments on financial statements](/upload/thumb/wordpress/2017/03/202_new_auto_800x800.png)
Further amendments to the Water Law
The new Water Law entered into force on 1 January 2018. Since then, the law has been amended several times, and one such amendment has just come into force. Some provisions of the act concerning water permits have been changed as of 20 September 2018. The system of fees for water services has also been slightly modified. Moreover, several dozen changes have clarified these regulations.
![Further amendments to the Water Law](/upload/thumb/wordpress/2017/03/113_new_auto_800x800.png)
The split payment mechanism
Regulations introducing the split payment mechanism for VAT entered into force in Poland on 1 July 2018. This mechanism in B2B transactions is designed as a weapon in the fight against VAT fraud.
![The split payment mechanism](/upload/thumb/wordpress/2017/03/172_new_auto_800x800.png)