No EU patent court after all?
Trybunał Sprawiedliwości UE sceptycznie wypowiedział się o zunifikowanym sądownictwie patentowym, które było nadzieją sektora farmaceutycznego na fachowe orzecznictwo. Wciąż mogą jednak powstać polskie wyspecjalizowane sądy patentowe.
Evidentiary privileges for banks?
On 1 March 2011 the Polish Constitutional Tribunal examined the constitutionality of Art. 95(1) of the Banking Law, which gives bank statements the evidentiary weight of official documents.
Perpetual usufruct and public reliance on land and mortgage registers
The warranty of public reliance on land and mortgage registers protects an acquirer of perpetual usufruct in the event of defective entry in the land and mortgage register of the State Treasury or territorial governmental unit as the owner of real estate.
The future of corrections in the press
An important issue under the amended Press Law, which was not well-received in journalism circles, has come back to life.
Non-discrimination also applies to management board members
A member of a company management board may be regarded as an employee within the meaning of Council Directive 92/85 EEC of 19 October 1992. Removal of a pregnant woman from the management board may thus be successfully challenged as discriminatory.
Reindeer released into the wild
The General Court of the European Union in Luxembourg has upheld a decision by the Office for Harmonisation in the Internal Market in Alicante refusing to register the three-dimensional shape of a reindeer in a Christmas ribbon as a trademark.
Magnesium and vitamin B6 may be good for stress, but not for everyone
Common and generic names of an informational nature may become distinctive when specific elements of the names are combined in a unique way, which means that they can become the dominant element of a trademark.
Must a notary know foreign languages?
A notary who certifies the signature on a document need not review whether the content of the document is lawful—and thus may certify a signature on a document written in a language the notary does not know.
The colour game: pink as a trademark
The issue of colour as an element of a trademark will once again be the subject of a ruling by the courts in Poland. This time it is pink.
Competition authority's rules for calculating fines not binding courts
When ruling on the amount of a fine, courts should be guided by the principle of proportionality, meaning that the fine should be tied to the revenue generated on sales of products affected by unlawful practices by the seller…
Calvin Klein is not the only "CK"
The European Court of Justice has held that the trademark „CK Creaciones Kennya” is not similar to the trademark „CK” registered by the Calvin Klein Trademark Trust for clothing.
"Collection of items and rights" subject to a registered pledge should be interpreted in light of the economic purpose
The Polish Supreme Court upheld a cassation appeal presented by Wardyński & Partners and held that when evaluating whether a changing collection of assets may be subject to a registered pledge…
