What will YouTube not tell you about an intellectual property infringer?

17.09.2020

For years, film distributors have been fighting against illegal sharing of movies on the internet. The enforcement of rights before the courts is hampered in particular by the functioning of the platforms on which the films are posted, including the users’ relative anonymity. In a recent judgment, the Court of Justice of the European Union held that YouTube and Google are not obliged to turn over data to holders of IP rights allowing them to identify users who have infringed their rights. Which data? More below.

Limited partnerships and some registered partnerships to be subject to corporate income tax

10.09.2020

The Ministry of Finance intends to impose corporate income tax on limited partnerships, and on registered partnerships whose shareholders (taxpayers participating in their profits) are not disclosed. These types of partnerships will probably become CIT payers starting from 2021.

Assignment for security of rights under a promissory note

10.09.2020

Assignment of rights for security is a popular method of securing claims on the Polish market. This is due to the great flexibility of this instrument and the absence of such formalities as registration in court. In short, such assignment consists of transferring to the lender claims held by the borrower against third parties (e.g. receivables for the sale of goods). If the credit is not repaid on a timely basis, the proceeds from the claims assigned for security can be used to satisfy the lender’s claims. But can the rights under a promissory also be assigned in this manner?

Tales from the National Appeal Chamber: Proper self-cleaning by contractors

10.09.2020

The “self-cleaning” procedure set forth in Art. 24(8) of the Public Procurement Law allows a bidder to seek the award of a public contract despite the existence of grounds for exclusion. But what evidence of self-cleaning should a contractor present for the effort to be effective? In the recent ruling of 31 July 2020 (case no. KIO 1248/20), the National Appeal Chamber held that contractors are not only required to show the personnel, organisational and technical measures they have taken to remedy past irregularities, but must also show that these measures will prevent similar violations in the future.

I have an idea for a video game. How can I protect it?

03.09.2020

This is one of the most often asked questions. The answer is difficult and equivocal. On one hand, a good idea is half the way to success. On the other hand, ideas are regarded as free and should not be monopolised, but a specific manner or form of expression of an idea can be the subject of copyright protection. However, drawing the line between an unprotected idea and a protected manner of expression is a difficult challenge that depends on the specific factual circumstances. First it must be determined what can be protected in a computer game, and then how these elements can best be protected.

A few words on setoff

03.09.2020

The Supreme Court of Poland has recently issued several rulings on setoff (Civil Code Art. 498), confirming the existing line of case law and the established legal and commercial practice. The regulations on asserting the defence of setoff in civil proceedings have also been amended.