Radical changes in trademark law
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.
Registration of “Poland” trademarks will be easier to obtain
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.
Change in trademark registration system
The second amendment to the Industrial Property Law, which enters into force on 15 April 2016, introduces major changes in the procedure for obtaining protective rights to a trademark—replacing the current examination system with a register system.
Easier to revoke or invalidate a trademark
The amendment of the Industrial Property Law entering into force on 15 April 2016 also introduces major changes in regulations governing the loss of the protective rights to trademarks.
What kind of services does Uber really perform?
Uber has been serving Warsaw since August 2014. With its smartphone app, users can call a car, set the fee in advance, and pay by credit card. Can this be defined as a transport service?
Pentesting of software and intellectual property
Can a controlled attack on a computer system to identify its security weaknesses violate copyright or trade secrets?
Pros and Cons of Outsourcing
Outsourcing continues to be an appealing solution for businesses. But for it to generate benefits rather than legal problems, a number of issues must be analysed—from the liability rules governing the parties to issues of state aid and data protection.
Outsourcing no escape from liability for telemarketing without consent
The Supreme Court of Poland ruled on 17 February 2016 that an entity conducting direct marketing using automated generating systems (in that case SMS ads) is liable for failure to obtain consent from recipients also when it has contracted out the marketing to an external firm.
New era for personal data protection
Work is underway on a General Data Protection Regulation for the EU. The changes expected in the new legislation will be important for outsourcing companies. Among the planned changes, there will be severe sanctions for violation of data protection regulations.
Transfer of personal data to the United States: Privacy Shield v Safe Harbour
Invalidation of the Safe Harbour decision created a gap in the system for transfer of data from Europe to the US. The question arose of how to evaluate the legality of existing data transfer practices based on Safe Harbour, and what rules to apply in the resulting vacuum.
Reductions in employment in joint ventures by competitors
In today’s knowledge-based economy, consolidations of enterprises are common—sometimes even between competitors. Employment reductions are a natural part of any consolidation, but are a source of legal risks for merging competitors. Such risks are hard to eliminate, but does it have to end in stalemate?
How fines are calculated for failure to notify a concentration
The potential fine for carrying out a concentration without obtaining the required approval of the president of the Office of Competition and Consumer Protection (UOKiK) is up to 10% of the annual turnover of the enterprise, even if the failure was not wilful. A manager or board member who fails to make a required notification may have to pay as much as PLN 200,000. But what circumstances does the competition authority consider when determining the amount of the fine?
