| In Principle

Recent EU case law shows that the owner of a trademark refiling the same mark in order to evade the requirement to use the mark should expect to be accused of acting in bad faith and required to prove actual use of the mark, even if less than 5 years has passed since registration of the mark.

In the SARC case, the Court of Justice of the European Union has held that an advantageous licence from a public university does not necessarily constitute impermissible state aid. The case also provides important guidelines on when an undertaking may seek to annul a decision by the European Commission finding that a competitor has not received impermissible state aid under TFEU Art. 263.

The portal “In Principle”—created through the merger of the Litigation Portal and the Transactions Portal—is designed for managers and lawyers. We write simply about complex legal issues affecting business.

The process of creating virtual currencies depends on the model used for the currency. In some instances it is a centralised process, where it is easy to identify the entity responsible for creation of the currency. In other cases, it is a decentralised process, in which various—often anonymous—users of the decentralised system may be involved in creation of the currency.

The EU’s proposed General Data Protection Regulation has raised issues about the impact that new privacy protections may have on how clinical trials are conducted and information about patients is used for research purposes. Sylwia Paszek of Wardyński & Partners discussed concerns about the draft regulation in an interview by Simon Fuller.

Liability to the contracting authority for payment of subcontractors’ fees is borne by all members of a consortium—even if the subcontract was signed with just one of the members. Amendments to the Public Procurement Law have reinforced this rule.

Businesses suspecting that their copyrights, trademarks, patents or industrial designs are being infringed by competitors often find it difficult to obtain evidence of the infringement sufficient to make a case in court. They are also concerned that if they wait until filing of the statement of claim to seek production of evidence, the defendant will have time to get rid of the evidence of the infringement.

The Supreme Administrative Court of Poland has made it clear that the administrative courts cannot review the road authority’s refusal to recognise a subcontractor’s claim for payment under the “special act.” The subcontractor’s claim may be pursued instead through the civil courts.

A trademark infringer may be ordered not only to cease and desist, but also to pay damages and court costs and to bear the heavy expense of publishing the judgment and apologies.

An interview with Katarzyna Wójcicka, chair of the Expert Council of the Polish Council for Supplements and Nutritional Foods (KRSiO), and Joanna Krakowiak, chair of the Ethics Committee of KRSiO and legal adviser in the Life Science and Regulatory Practice of Wardyński & Partners.

If members of the management board are not reappointed for another term, the company does not have a properly constituted representative body. This can affect the validity and effectiveness of actions taken for the company.

Selection of the structure for transactions typically depends on business conditions and tax considerations, but findings made in environmental due diligence are also beginning to play a greater role.