appeal courts

Licence for an unlimited time in the assessment of the court

Exclusion of the possibility of terminating a licence, although debated by legal commentators, had not been ruled on by the Polish courts until recently. But now a judgment has been issued by the court of appeal inferring from the writings and behaviour of the parties that they concluded a non-exclusive licence agreement for an indefinite period without the possibility of terminating the licence.

Market leader: can there be more than one?

In times of fierce market competition, it is becoming increasingly attractive to construct advertising campaigns that contain superlatives, in particular regarding market leadership.

Offence of fraudulent encumbrance of assets to frustrate satisfaction of creditors

Sham encumbrance of assets to convince third parties of non-existent legal consequences may constitute a crime. Incurring fictitious obligations is an example.

Selective payment of creditors can be a crime

Arbitrary, selective payment of only certain debts may result in criminal liability of the debtor, including in a case where it is only threatened with insolvency, if such action exposes other creditors to a loss.

The existence of a directors and officers liability policy is not sufficient to assert a direct action against the insurance com

The Warsaw Court of Appeal has held that an insurance company may be liable for a loss caused by an insured as a member of a corporate management board only upon compliance with certain formal conditions.

Lack of due diligence is not an unlawful act

A management board member’s failure to apply due diligence does not result in liability to the company without a specific unlawful act causing injury to the company.