already in force

Liability of intermediaries for trademark infringement

The amendment to the Industrial Property Law in force since 16 March 2019 provides that a person whose services were used in an infringement is also liable for infringement of the protected right to a trademark. A trademark owner may demand that such a person refrain from infringing the trademark, turn over unjustly obtained benefits and repair the damage (where the infringement is culpable). Thus the new regulations introduce the intermediary’s own liability for trademark infringement.

Amendments to the rules on transit of counterfeit goods

The amendment to the Industrial Property Law extended the rights of trademark proprietors. From 16 March 2019, on the basis of domestic regulations, they may prevent transit of counterfeit goods.

Is it now time for employment contracts in electronic form?

As of 1 January 2019, amendments to the Labour Code came into force allowing employee files to be kept in electronic form. This raises the obvious question of whether employment contracts can be in electronic form as well.

Employee capital plans mean new obligations for employers

The Employee Capital Plan Act, which came into force on 1 January 2019, is one of the most important legislative developments of 2019. This is especially true for employers, as they need to prepare for the new obligations and further expenditure. On the other hand, employee capital plans (ECP) could substantially increase Poles’ savings and be an additional source of income in retirement.

Can shops operate on 12 November 2018?

The President of Poland signed a law establishing 12 November 2018 a public holiday. It has only a few articles and deals with an individual case, and yet it gives rise to a discussion as whether 12 November 2018 is covered by trade restrictions. Despite an opposite position of the National Labour Inspectorate and the Ministry of Family, Labour and Social Policy, it seems that shops may be opened if retail staff is employed on the basis of civil law contracts, works in shifts or there are other exceptions to the work ban on non-working days as specified in Art. 151[10] of the Labour Code.

Further amendments on financial statements

As of 1 October 2018, companies will no longer prepare paper financial statements. After more than six months of implementation of the new regulations, we can make an initial assessment of their application in practice.