Innovation in public procurement
Following Directive 2014/24/EU, the bill to amend the Public Procurement Law seeks to promote innovation in public contracts.
In-house procurement
The concept of “in-house procurement,” i.e. a contract awarded by one public entity to another public entity, is already recognised under Polish law, but the amendment to the Public Procurement Law proposes major changes in this area.
Modification of public procurement contracts: Unchanged, appearances to the contrary notwithstanding
The planned amendment to the Public Procurement Law only seems to revise the rules for modification of public contracts. The decisive role will still be played by the rules outlined in the case law of the Court of Justice and codified in Directive 2014/24/EU.
Recent changes in criminal procedure, operational monitoring, and the prosecution system
Numerous major changes have entered into force in Poland in recent months in the area of criminal procedure, surveillance of citizens, and how the prosecution system is run.
Circular economy: The EU’s ambitious new goals for management of products and waste
The circular economy is a model in which products, materials and resources are kept in circulation for as long as possible, and generation of waste is kept to a minimum. Implementation of this model would respond to the challenges of climate change and the need to support sustainable growth.
Damages for moral losses from infringement of intellectual property rights
A holder of intellectual property rights that have been infringed may demand damages for non-economic loss even when the holder also seeks damages on the basis of hypothetical royalties.
Is accession to a contractor’s obligation permissible in the public procurement system?
The ban on changing contractors during performance of a public contract is not absolute: the case law and commentaries admit exceptions. One of them is accession to the contractor’s obligation. But is accession always permissible?
The time is coming for new trust services
The EU’s eIDAS Regulation enters into force on 1 July 2016. The importance of this somewhat mysterious act is not yet widely appreciated. It opens up new possibilities and creates space for very interesting new services.
Pursuing claims against banks for unauthorised electronic transfers
Reimbursement of funds lost in an attack on an online account can be pursued against the bank operating the account.
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.
