most interesting rulings

European arrest warrant and determining whether rule of law is observed

On 28 June 2018 the advocate general at the European Court of Justice issued an opinion regarding a request for a preliminary ruling from an Irish court on whether the judicial authority executing a European arrest warrant against a citizen of a different EU member state is required to postpone execution of the warrant in order to determine whether there is a real risk of breach of the right to a fair trial in the issuing state due to deficiencies in the system of justice of the issuing state.

An enforcement clause can be issued for a ruling against a bankrupt company

The Polish Supreme Court has confirmed that there is no reason not to confirm that a foreign judgment against a bankrupt company is enforceable, and issue an enforcement clause. Courts of lower instance have ruled out this possibility.

Polish wind farms before the Court of Justice of the European Union

The issue of limits on construction of new on-shore wind turbines was examined by the CJEU. Have technical provisions been introduced without notification of the European Commission, and does this mean that Polish courts are required to refuse to apply them?

When a residential part of a building becomes a hotel

The Supreme Administrative Court recently reviewed a case concerning unauthorised change of use of real estate. According to the construction permit it was supposed to be a residential part of a building, but was converted into rooms to be let.

A design determined by product function

Designs of products or parts of products are protected if they are new and the overall impression they make differs from designs know to the public up until that time. Certain features, determined solely by the technical function of the product, are not protected. Until now there were various interpretations as to what in fact determines that a particular feature is solely a result of the product function. The issue was clarified in a recent CJEU judgment.

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.