other courts

Can a figurative trademark also be a position trademark?

Genuine commercial exploitation of a trademark can also be shown when a position trademark is used in combination with other graphic elements.

Jurisdiction in cases involving international construction contracts under the recast Brussels I Regulation

In disputes involving cross-border construction contracts, one of the questions to be resolved is jurisdiction. Before joining issue in litigation in Poland, the defendant may assert the defence of the lack of jurisdiction of the Polish courts. Jurisdiction in such cases will be determined by applying the recast Brussels I Regulation. The Wrocław Regional Court recently issued a ruling on application of this regulation in civil litigation involving construction works.

Multinational companies can be liable for environmental harm caused by their subsidiaries

On 18 December 2015 the Dutch Court of Appeal at The Hague issued an interim judgment in a closely watched case concerning liability for environmental injury caused by an oil spill from Shell’s pipelines in Nigeria.

What does the Arctic Sunrise award mean for the environment?

In August an arbitration award was issued in the case of the ship Arctic Sunrise, involving protests by ecologists on the Pechora Sea defending the Arctic environment. The ship was seized and 30 protesters were arrested by Russian authorities.

A defective bank guarantee does not constitute a bid bond

The failure to identify the guarantor in the wording of the bank guarantee prevents the contracting entity from recognising the bid bond as properly paid. An error of this type cannot be cured by way of interpretation.

When is offering a litre of juice an unfair market practice?

On 11 February 2014 the Warsaw Regional Court issued a long-awaited ruling demonstrating the current approach of the Polish courts to the sensitive issue of how to designate promotional prices for goods.