Homemade taste as a subject matter in Food Law

Jakub M. Doliński

There is no legal term for „homemade taste” – in common language we say that some homemade food product was made directly from provider’s house kitchen. Homemade taste as a colloquialism appoints to the customer that ordered meal/product would be prepared only on natural components and flavored only by natural spices. This lack of proper legal definition to describe homemade taste may lead to unfair practice, where consumer would be misled by untruthful information suggesting that a certain product has natural properties, specific for home cooking, while it’s real components are additives belonging to the group of thickeners.

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ROLE OF A PHYSICAL MARKETPLACE OPERATOR IN TRADEMARK PROTECTION. TOMMY HILFIGER CASE.

Tomasz Będźmirowski

 

On July 7, 2016, the Court of Justice of the European Union (“CJEU”) in Case C-494/15 ruled that the tenant of market halls who sublets the various sales points situated in those halls to market-traders, some of whom use their pitches in order to sell counterfeit branded products, falls within the concept of “intermediary”, against whom such injunctions may be addressed as provided for in the national law of the Member States. Put differently, and setting the case against the Polish legal backdrop for a change and effect, protection of claims and injunctions aimed at prohibiting the continuation of intellectual property (trademark related or otherwise) infringement may be applied or issued against the operators of a physical marketplace, based on Article 422 of the Polish Civil Code.

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Greater liability of the proxy for the company’s obligations

Anna Wasilewska

As a result of amendments made to the Act of 28th February 2003 on Bankruptcy and Reorganization (consolidated text: Dz. U. of 2015, pos. 233, with amendments) under the Law of 15th May 2015 on restructuring (Dz. U. of 2015, pos. 978), since 1 January 2016 the liability of a proxy for the company’s obligations is going to change.

The current wording of Art. 20 paragraph 2 point 2 of the Law on Bankruptcy provides that anyone who has the right to represent the legal person or an organizational unit without legal personality that a separate law recognizes the legal capacity, either alone or jointly with others, is entitled to the filing of a bankruptcy petition. However, since 1st January 2016 an entity authorized to submit the petition in relation to legal persons and organizational units without legal personality that a separate law recognizes the legal capacity, will beanyone who under the act, the articles of association or the statute has the right to manage the affairs of the debtor and to represent him, individually or jointly with others“.

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Product labeling may not mislead the consumer

Karol Błąd

Court of Justice of the European Union (the “Court”) on 4 June 2015 (case C-195/14), stated that presenting on the product packaging ingredients which are not in fact present in the product may mislead the purchaser. According to article 2(1)(a)(i) of the Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labeling, presentation and advertising of foodstuffs (the “Directive”), misleading labeling of products is forbidden, since it should not evoke the impression, that some specific ingredient is present in the product, when in fact it is not. The Tribunal pointed out, that even, when on the product packaging there is a correct and comprehensive list of ingredients it could be in some cases not enough to remove false impression of the purchaser, who at first evaluates the product packaging (not the list of ingredients).

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The european view on legality of links

Dorota Senger

Link – i.e. a reference to another file or website is a convenient navigation tool and plays a vital role in websites’ SEO. However, embedding a link can be a risky business if it leads to a file or a website containing copyrighted work. Recently highest European courts were to decide whether the linking itself breaches the copyrights to the work to be find under the link by exposing it to the audience (legal term: dissemination) or not. Due to the scale of linking the judgment can be of interest of many IT professionals.

Most recent judgment in the case of Svensson and others against Retriever Sverige AB of the Court of Justice of European Union dated February 13th, 2014 (C-466/12) answers a couple of questions: whether embedding a link to copyrighted work by someone else than a copyright holder is actually an act of making the work available for the audience (dissemination)? Furthermore does it depends on the access restriction (e.g. a fee for the access) to the website where the work was originally posted?

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Special protection of international exhibitions organized in Poland.

Szymon Gajda

If you are planning to organize an exhibition next year in Poland, it might be reasonable for you to apply for special legal protection of exhibits. I strongly recommend you such an application if you are going to cooperate with a private entity or local government institution. It may give you serious advantage in any kind of dispute with your partner.

Since 30th November 2015, it will be possible to submit to Ministry of Culture and National Heritage an application to cover a movable item with protection which will defend your property from any kind of civil, administrative or even to some extent criminal legal actions aimed on sit’s seizure.

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Schrems v Data Protection Commissioner

Tomasz Będźmirowski

Safe Harbor Era

Through the judgment dated October 6, 2015, the Court of Justice of the European Union (hereinafter: CJEU) invalidated the Commission Decision 2000/520 / EC of July 26, 2000 (hereinafter: Decision), and consequently voided the U.S.-EU Safe Harbor Framework of its significance as a guarantee of an adequate level of personal data protection.
Permit me to recall to your memory that the Safe Harbor Framework was once developed by the European Commission and the US Department of Commerce as a practical means to overcome the differences in the approach to protection of personal data between the European Union and the United States. The high standards set by Directive 95/46 / EC of the European Parliament and of the Council of 24 October 1995 (hereinafter: Directive) determined the classification of the United States as a third country which does not ensure on its territory an adequate level of protection of personal data – to use the terminology employed in the Polish national legislation implementing the Directive (namely, the Act of August 29, 1997 on the protection of personal data; hereinafter: Act). Such a classification generally excludes the possibility of transferring data to the United States. But then, what are the exceptions for?

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Training for coaches

Tomasz Będźmirowski

These days it has become popular with employers to provide their employees with coaching, training, or other professional tuition (for the sake of brevity, let’s couch the notion in a single term: “training”); this trend seems to be on the increase and dictates a growing demand for both internal and external trainings. Supply follows demand, or so at least it should be in the economy the West has defined and taught us to believe in. As a result, the training services market abounds in participants and the competition stiffens between them.

No worries; this entry will not discuss economy, but rather legal issues, or more precisely: copyright law. While in a fight over prospects you must not forget that your service is as good as its quality. And quality is, no doubt about that, determined by contents, substance, or matter you choose to add as a filler. The substantive input gets then scrutinized by attending employees, sponsoring employers and those out there who just might nourish some interest in the quality served, including – safe to say – your competitors.

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Bank Enforcement Order violates Constitution

Karol Błąd

Bank Enforcement Order violates Constitution 

According to the ruling of Polish Constitutional Tribunal (Trybunał Konstytucyjny – TK) from 14 April 2015 article 96(1) and article 97(1) of the Banking Act of 29 August 1997 (Dz.U.2015.128) violate the constitutional principle of equality. Therefore Bank Enforcement Order (Bankowy Tytuł Egzekucyjny – BTE) is unconstitutional.

What is Bank Enforcement Order in polish law system?

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Amendments to the Act on the Protection of Personal Data – who is the Personal Data Protection Official (ABI) in polish law?

Karol Błąd

I. New regulations

From the beginning of 2015 an amendments to the Act on the Protection of Personal Data came into force. Changes concern the extension of entitlements and duties of the Personal Data Protection Official (Administrator Bezpieczeństwa Informacji – ABI). The main aim of the amendments is to harmonize polish law with the Directive 95/46 EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

II. Registration of the ABI

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