Szymon Gajda

All posts by Szymon Gajda:

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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WCAG 2.0. a challenge for service providers to government sector in Poland?

Szymon Gajda

Since 31st may 2015, all communication systems run by entities which perform public duties in Poland, must comply with requirements specified in Regulation of Ministry Council regarding Domestic Frames of Interoperability, minimum requirements for public registers, and electronic information exchange, as well as minimum requirements for communication systems (hereinafter “DFI”) (http://mac.bip.gov.pl/krajowe-ramy-interoperacyjnosci/krajowe-ramy interoperacyjnosci.html), which is an administrative regulation to Act on computerisation of entities’ performing public activity ( http://isap.sejm.gov.pl/DetailsServlet?id=WDU20111130657 ) (hereinafter “IEPPA”).

For last three years public administration in Poland was obliged to adjust all existing systems to DSI Regulation standards, to the level AA of Web Content Accessibility Guidelines 2.0., and within a few days the transition period will be over, what means that all systems must fully comply with above mentioned rules. At first glance it looks quite clear, however if public entity would demand from its service provider to provide conformity of created on demand or licensed web application with WCAG 2.0, its worth to take a careful view on such a demand.

Who is obliged to comply with WCAG 2.0. ?

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Does uploading copyrighted works in to peer to peer net constitutes a crime in Poland?

Szymon Gajda

It is easy to find in the Internet many opinions that using peer to peer net should be legal, and save for the users. Defenders of so called “freedom of Internet” are everywhere (see in example https://uspirates.org/). You may find them even among important and influent scholars of University of Harvard (see amicus curia opinion of prof. Charles Nesson in Grockster case), but sometimes you may find them also among judiciary and prosecuting authorities, what may be much more complicating copyright owners life. Nevertheless existence of different points of view force us to go deeper into discussion, even when it appears that we must deal with something that at first glance looks like a nonsense.

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The new polish tax evasion clause may become a weapon against foreign ICT investors

Szymon Gajda

With the beginning of 2016, polish government is planning to implement an amendment to the Tax Ordinance Act, which will include tax evasion clause (Polish text of project). This legal change may become a huge threat to foreign investors, in particular in the area of well developing ICT sector, where complicated operations appear in day-to-day business. In Guidelines to the statue amendment Ministry of Finance openly admits:

It must be presumed that behaviours which will result with execution of the tax evasion clause are performed only by large entrepreneurs, often connected by capital and governance with foreign investors and entities which significant incomes.” (Polish text of Guidelines).

Above-mentioned discriminatory nature of planned change of law is among many other serious controversies, which are coming to our attention.

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A new challenge for 3D trademarks registration.

Szymon Gajda

Recent judgment issued on 18 September 2014 (Case C – 205/13 Hauck GmbH & Co.KG v Stokke A/S, Stokke Nederland BV, Peter Opsvik and Peter Opsvik A/S), by the European Court of Justice contains significant guidelines regarding registration of 3D trademarks, which base on the shape of the object.

The court formed two negative conditions of such a registration. The trademark can’t be validly registered when even one condition occurs: its shape which results from the nature of the object (goods) themselves or shape gives substantial value to the goods.

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Legal protection against DDoS attacks

Szymon Gajda

Disturbed Denial of Service (DDoS) attacks are among the greatest threats in today’s cyber security, all over the world. In result of such an attack, the victim may suffer countable and uncountable damages. They may cause simply a cut off a web site or network from its end users. Such attacks have been successfully curried out against major online businesses including Visa and Mastercard, Twitter, and WordPress (source: http://www.esecurityplanet.com ).

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Sweetie operation. Provocation as a tool of combating child pornography

Szymon Gajda

The team of four researchers from “Terre des Hommes Netherlands” ( THN ) worked on the project called “Sweetie” for ten weeks in 2013. They posed in chat rooms as Philippine girls, and created a cyber model of a girl, who offered contact thru a web cam. Their activity provided a great amount of evidence of an illegal activity against minors. Tens of thousands internet users were directing their abusive communication to the fake character, on clearly sexual purposes.

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