In the world of gaming, the legality of various types of software used for cheating or “enhancing” the gaming experience (usually in the form of plug-ins) continues to be a topic of debate. In a recent legal opinion (delivered on 25 April, 2024, in case C‑159/23 Sony Computer Entertainment Europe Ltd vs Datel Design and Development Ltd, Datel Direct Ltd), Maciej Szpunar, Advocate General at the CJEU, stated that creating such plugins does not violate game developers’ copyright. This important clarification could also have a negative side effect, as it might encourage further innovation and investment in gaming “enhancements” and any other software facing similar legal issues, potentially impacting the entire IT industry.
Trademarks may be cancelled if not used in a timely manner. However, there are exceptions. A trademark protection right can be retained despite even if the trademark in question is not used if there are compelling reasons to do so. Such reasons must be justified and demonstrated. Recently, the owner of the word mark “MOSTOSTAL” found out that simply waiting for the conclusion of licence agreements cannot qualify as an excusable reason.
On 12 August 2024, the Government published information regarding a proposal for amendment to the Personal Income Tax Act, the Corporate Income Tax Act and certain other acts. The envisaged amendments include changes to the taxation rules for family foundations. The legislative proposal has not yet been published, but the Deputy Minister of Finance said that the Government’s aim is to tighten tax rules on family foundations to reduce use of these foundations for tax optimization purposes.
On 12 July 2024, the Act on Artificial Intelligence (AI Act) was published in the Official Journal of the European Union, as the first EU regulation in this field. Poland is also working on the national law implementing certain provisions of the AI Act and the act implementing the EU DORA regulation, which regulates the engagement of third-party technology providers, including AI-based solutions, by financial entities. In this context, it is important to note the forthcoming developments regarding artificial intelligence systems used for creditworthiness assessment, which are increasingly used by lenders.
In September 2024, the Council of Ministers presented a legislative proposal to revise the Polish Classification of Activities (PKD), which will come into force at the beginning of 2025. The changes are a response to the need to update the Polish system of classifying business activities in line with EU standards. The proposal envisages replacing the existing 2007 classification system with a new, more detailed system of PKD codes, including an additional, fifth classification level.
The patent claims cover rivaroxabine in the form of rapid-release tablets and only one feature regarding the use of this substance: once a day.
The text discusses two landmark decisions by the Polish Data Protection Authority (DPA) regarding Meta’s use of data from two public figures in deepfake advertisements on Facebook and Instagram. These cases highlight the strict enforcement of data protection laws in Poland, particularly in the context of unauthorized data use and the impact on individuals’ privacy and reputation.
On 20 September 2024, an amendment to the Polish Act on Copyright and Related Rights (ACRR) entered into force, which implemented the Directive on Copyright and Related Rights in the Digital Single Market (DSM) with a 3-years’ delay. One of the areas of changes is the permitted use in the scope of text and data mining: Text and Data Mining – TDM (Articles 6(1)(22), Articles 262, 263 ACRR).
Buying a property is always quite a complex process, often requiring an adequate audit, raising funds, identifying tax obligations and participating in long-lasting negotiations. The process is different in case of acquisition of commercial and residential properties. In addition, if real estate in Poland is acquired by foreigners, in the first instance, the obligation to obtain the relevant permit needs to be examined.
Asking customers to provide courtesy titles (such as ‘Mr’, ‘Miss’, ‘Mrs.’) is a common business practice, which is particularly popular in the e-commerce sector, where these details, usually collected at the time of purchasing goods or ordering a service, are used for personalisation of any follow-up communication with the customer. Collecting and retaining information concerning the way a particular person wants to be addressed is processing of their personal data. This results in the need to ensure the compliance of such data collection with the EU data privacy law. The recent opinion of the Advocate General of the CJEU in Case C-394/23 can provide crucial guidelines for controllers, who wish to address their customers using the provided titles.
On 9 August 2024 the Electronic Communications Law was published in the Journal of Laws [1]. The new legislation, which will replace the current Telecommunications Law, introduces additional obligations for electronic communications entrepreneurs, a newly defined group of entities previously not covered by the former regulations. In this article, we explain who electronic communications entrepreneurs are and outline the obligations they will now be subject to.
On 24 April 2024, the Ministry of Digital Affairs published a draft amendment to the National Cybersecurity System Act, which is a law implementing the EU NIS 2 Directive. It is worth noting, however, that in many aspects the Polish draft law deviates from the provisions of the NIS 2 Directive.
W ostatnim czasie do Trybunału Sprawiedliwości Unii Europejskiej (TSUE) wpłynęły kolejne pytania prejudycjalne dotyczące rozumienia przesłanek utworu.
