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Intellectual Property

Rebranding using Twitter as an example. Will this change work out for the better?

Rebranding of large companies’ trademarks is not uncommon, but rarely does a name change generate as much excitement as in the recent case of the social media platform Twitter (currently X). We will look at this topic from the point of view of trademark law and try to assess whether legally such a choice was justified.

Data protection

The European Commission has issued a decision on the adequate level of protection under the EU-US Data Privacy Framework

The Commission’s decision of 10 July, 2023, on the adequate level of protection of personal data under the EU-US Data Privacy Framework restores legal certainty for businesses that transfer personal data to US-based entities in the course of their activity.

Cybersecurity

Proposal for the new NIST Cybersecurity Framework now revealed

The U.S. NIST recently released an update of a tool of its own design, the Cybersecurity Framework. This upgrade comes as the rate of growth in the field of cybersecurity is increasing, in terms of both legislation and norms, and cyberthreats. The important role played by the NIST means that this upgraded version has major implications for the entire cybersecurity sector.

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Intellectual Property

Rebranding using Twitter as an example. Will this change work out for the better?

Rebranding of large companies’ trademarks is not uncommon, but rarely does a name change generate as much excitement as in the recent case of the social media platform Twitter (currently X). We will look at this topic from the point of view of trademark law and try to assess whether legally such a choice was justified.

Cybersecurity

The draft amendment to the Act on the National Cybersecurity System was submitted to the Sejm

On 3 July 2023, a government bill amending the Act on the National Cybersecurity System and certain other acts (amendment to the ANCS) was submitted to the Sejm. This happened after nearly 33 months of work on the wording of the amended legislation. The adoption of the amendment continues to face new obstacles – work on it has now been postponed, due to its referral to a public hearing to be held on 11 September 2023.

Public Procurement

Transfer of claims from a public procurement contract

Public procurement contracts are subject to several important limitations on freedom of contract. This gives rise to the need to take a case-by-case look at certain contractual issues which are known under the provisions of the Civil Code (CC) , but should be interpreted taking into account the wording and purpose of the regulations of the Public Procurement Law (PPL) . Such issues include the transfer of claims from the remuneration for the performance of the contract, the securing of this remuneration or the possibility of assuming a debt in the form of an obligation to perform the contract.

Litigation

New rules on injunction procedures in IP cases

Employment

The state of epidemic threat possibly ending and major developments with regard to labor law

A proposal has been published on the Government Legislation Centre website for a Minister of Health regulation declaring the state of epidemic threat at an end. Under the proposed regulation, this would take effect as of 1 July 2023. For employers, this will mean that many pre-pandemic obligations will once again apply.

Intellectual Property

When a business party applies for a trademark in bad faith

Applying for a trademark that is identical to or resembles (with respect to a key element of distinctive character) marks held by a different business undertaking once a business relationship has ended is application made in bad faith.

AI

The latest version of the Artificial Intelligence Act proposed by the European Parliament redefines AI systems and the way they are classified

On 14 June, 2023, the European Parliament concluded many months of negotiations and adopted its position on the proposal for the Artificial Intelligence Act (AI Act).

Cybersecurity

The next in a series of proposals for amendment of the National Cybersecurity System Act (NCSSA). Is the NCSSA close to being enacted?

On 7 June, 2023, another version of the proposed amendment to the NCSSA was posted on the Ministry of Digital Affairs public bulletin website. This is now the twelfth version of the proposal. The proposal has been approved by the Council of Ministers, and therefore the amendment can be expected to be passed in the coming weeks.

White-collar crime

An unwilling (?) witness in a criminal case

An encounter with a criminal procedure can be stressful and you do not have to be a suspect to tremble at the mere sight of a summons to an interview. After all, a visit to a police station is not the most pleasant way to spend your free time, even if the officer conducting the interview is a consummate professional.