May counterfeit and pirated goods in transit through the EU be seized and destroyed?
The European Court of Justice has clarified its holdings on the issue of transit of infringing goods through EU territory.
Lack of due diligence is not an unlawful act
A management board member’s failure to apply due diligence does not result in liability to the company without a specific unlawful act causing injury to the company.
Company not criminally liable for an offence by the management board
A collective entity may not be held responsible for a crime committed by the members of its managerial authorities.
Direct payments to farmers are not "grants" but attempting to obtain them improperly may be punishable as fraud
The Polish Supreme Court has held that payments under the EU’s Common Agricultural Policy are a form of financial support, and an attempt to obtain the payments under false pretences is a form of “capital fraud” under the Polish Penal Code.
Salary cut for protected employees
An employer may reduce the salary of an employee who works reduced hours instead of taking childrearing leave, the Polish Supreme Court ruled in the judgment dated 12 May 2011 (Case No. II PK 6/11).
eBay on the blacklist
On 12 July 2011 the European Court of Justice issued a judgment concerning the use of trademarks on internet auction sites (L’Oréal SA v eBay International GmbH, Case C-324/09).
Notary need not check a document before confirming the signature
When confirming the signature on a document, a Polish notary is not required to review the lawfulness of the document itself—particularly in the case of documents from abroad or in a foreign language.
An end to evidentiary privilege for funds in relations with consumers
Fund statements no longer have the status of an official document in the event of a dispute with a client.
Citizen standing to object to trademark registration
The Polish Supreme Administrative Court has confirmed that a person objecting to a decision to register a trademark under Art. 246 of the Industrial Property Law need not demonstrate a legal or factual interest in the matter.
Compensation for more nationalised real estate in Warsaw
The Polish Constitutional Tribunal has significantly expanded the set of former owners of properties in Warsaw who are entitled to compensation for seizure of their real estate by communist authorities following World War II.
Damages for unlawful nationalisation may be sought through the courts
The Polish Supreme Court has upheld the possibility of seeking damages through the courts for nationalised property…
Protection for renowned trademark Botox
Sąd (dawniej Sąd Pierwszej Instancji) utrzymał w mocy decyzje unieważniające prawa do znaków towarowych BOTOLIST i BOTOCYL ze względu na uznanie, że ich rejestracja narusza prawo do renomowanego znaku towarowego BOTOX.
