already in force
In the fifth part of our series, we focus on the provision allowing interested parties to verify whether actions they have planned or undertaken infringe the exclusive rights of others. A claim seeking a declaration of non-infringement is an example of a preventive measure heading off filing of an infringement action by the holder of IP rights. This measure allows litigants to obtain judicial confirmation of the legality of their own actions in terms of respect for the intellectual property rights of competitors.
“Shield 4.0” extends the deadlines for all obligated entities to file transfer pricing information (TPR), declarations on preparation of local transfer pricing documentation, and enclosures of group transfer pricing documentation. The earlier regulations extended the deadlines only for selected taxpayers.
On 24 June 2020, a new restructuring procedure entered into force, enabling businesses to carry out debt relief smoothly without undue judicial interference. Potential risks and doubts may arise on the part of creditors on how to counteract the negative effects of opening these proceedings. Simplified restructuring is a hybrid of solutions provided for in other restructuring procedures, allowing the debtor to enter into an arrangement with creditors while ensuring extensive protection against enforcement and termination of key contracts.
The Special Coronavirus Act excludes the application of the Construction Law to matters related to the coronavirus pandemic. What are the benefits and risks of this exclusion?
On 13 March 2020, an executive regulation of the Minister of Health on the declaration of an epidemiological threat in the Republic of Poland entered into force. It indicates that in the period from 14 March 2020 until further notice a state of an epidemiological threat is declared in the Republic of Poland due to infections from the SARS-CoV-2 virus. The result is, inter alia, suspension of international air and rail connections and a ban on foreigners entering the Republic of Poland. In turn, each person crossing the state border to return to its place of residence or stay in the Republic of Poland must submit to a mandatory 14-day quarantine. Its basis differs from general rules in this respect.
Faced by the spreading SARS-CoV-2 epidemic, the Polish Parliament and President rushed through a Special Coronavirus Act. The act is intended to clarify and supplement regulations on prevention of the spread of infectious diseases in Poland. But by giving total primacy to protection of the public interest, the act ignores the issue of the rights and freedoms of persons subjected to various forms of compulsory treatment (hospitalisation, quarantine, and epidemiological supervision). Do individuals have any means of legal protection in this context?