| In Principle

A private entity carrying out a project co-financed using EU funds makes use of public money, and therefore is required to comply with rules on fair competition and equal treatment of contractors. Accordance to government guidelines, to do this it should use market research or comply with competition requirements. And if it becomes a contracting authority, it must apply the Public Procurement Law.

Work is underway on the Act on Transparency of Public Life, which would introduce numerous solutions not previously encountered in the Polish legal system. The aim of the proposed act is to increase the transparency of management and control over publicly financed institutions, and to reinforce anticorruption mechanisms in Poland.

Introducing and applying internal procedures for combating corruption is becoming a legal obligation for businesses. The regulations identify the necessary elements of compliance programmes but do not propose specific solutions. Recommendations and best practice can fill the gap.

What will change in the regulations governing the energy sector in 2018? What must energy companies and customers be prepared for? Many new legal proposals have appeared recently. Some of them are still in the legislative process, and others have already been adopted and will enter into force this year.

People applying for the division of real estate are often requested to supplement the application with a permit for location of a driveway, in order to prove the existence of direct access to a public road. But is the authority’s request legally justified?

Do circumstances such as placing an advertisement for sale of real estate on an auction site or increasing the value of the land by partitioning it into smaller plots, adding utility connections, or establishing easements always indicate that the seller acts as a business and the transaction is subject to VAT, not the tax on civil-law transactions?

Under proposed changes, the procedure for liquidation of branches of foreign undertakings would become easier and would also comply with EU law. Thus after several years of uncertainty and disagreement on this topic, Polish law should return to the position approved by the Supreme Court in 2007.

We devote today’s edition entirely to the cosmetics and perfumes industry, and to the intellectual property protection phenomena and processes specific to that industry.

The cosmetics industry remains one of those industries where the role of innovation cannot be overestimated. Patent law makes it possible to monopolize innovative solutions and ensure their unimpeded exploitation.

The original, unique, scent is one of the most important features of luxury perfumes and its composition is usually a closely guarded secret. Paradoxically, however, granting legal protection to a scent is extremely difficult. Indeed, this issue has not been resolved in the decisions of the Polish Patent Office or Polish common courts.

On the Polish market of cosmetics and perfumes we will find both global producers and Polish brands. The latter are getting better and better. The cosmetics market in Poland doesn’t stop to grow. That growth has been particularly dynamic in recent years. Competition is also intensifying. It can lead to an increase in the number of court litigation cases related to intellectual property rights. Below we indicate what in our experience has been the most common subject of disputes among industry players.

Can an authorized retailer be prohibited from selling online or on a third-party online platform?