In March the single most frequently used term (at least as far as international politics is concerned) has been the word ‘brexit’. The never-ending saga entitled ‘Brexit’ has been going on for many months and no end to it is within sight. The UK parliament has rejected the Brexit option without an agreement (the so-called ‘hard’ Brexit), but it also did not approve the agreement negotiated with the EU by the British Prime Minister. (more…)
Rumour has it that the President of the Office for the Protection of Competition and Consumers (UOKiK) will be vested with new competencies and obligations – it is to prosecute companies that fail to pay their invoices. The Ministry of Entrepreneurship and Technology in collaboration with the Office for the Protection of Competition and Consumers are working on a draft law on combating payment jams. The new regulations will affect the trade industry as it there that the most payments are jammed. The bill has not reached the Sejm yet. (more…)
The beginning of a new year is a time for reports summing up the previous year 2018. In this Newsletter we discuss one such report concerning recent trends in the field of trademarks, issued on 30 January 2019. The report was issued by CompuMark.
The beginning of the year 2019 can hardly be called good for Facebook. The German competition protection authority, Bundeskartellamt, in a decision of 7 February 2019 held that the social media giant had violated antimonopoly regulations by the manner in which it processed the personal data if its users. Taking into consideration inter alia the precedential nature of the charges, rather than being imposed a penalty, the company had to undertake a number of obligations aiming at eliminating the violations detected. (more…)
On 17 January 2019, the Sejm adopted the amendment to the Intellectual Property Law (hereinafter “IPL”). It contains a number of proposed changes and is primarily related to the necessity of implementing Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks. We discuss below several important changes proposed in the amendment. (more…)
The OECD (Organsation for Economic Cooperation and Development) has stated in one of it reports that price algorithms currenty pose the greatest challenge to antitrust authorities. This is because such instruments when used improperly help to create cartels that are very difficult to identify. In the event that such cartels be detected, the involved businesses face multi-million fines.
The EU Council adopted late September a regulation on the creation of a single digital gateway. The portal enables individuals and businesses to access electronic information, procedures as well as support and problem-solving services. 14 key administrative procedures in every EU Member State will be available online for both domestic and foreign users. (more…)
On 11 December 2018 an amendment came into force to the Act on combating unfair usage of contractual advantage in trading in agricultural products and groceries. The changes consist in inter alia an extension of the act to cover all trade relations between a supplier and purchaser (regardless of the level of turnover) and simplification of the definition of contractual advantage. The new regulations extend the scope of entities entitled to report suspicions of unfair practices, ensure the anonymity of the whistle-blower and reduce the formal requirements from the reports. The amendments to the Act further affect certain procedural issues and the competences of the President of the UOKiK and the Trade Inspectorate. (more…)
In October of this year the European Parliament adopted a draft amendment to Directive 2010/13/EU on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the provision of audiovisual media services (‘Directive’). Thus, the amendment is taking place a mere 8 years from the Directive coming into force. Yet the media market has seen dramatic changes occurring over this short period of time. More and more viewers of the traditional television broadcasts are also using on-demand content on their smartphones or tablets. (more…)
GEOBLOCKING – OR THERE WILL BE PENALTIES FOR DIFFERENTIATING CUSTOMERS
The geoblocking practices (of which have already written before) involves online stores blocking potential customers or creating for them different access conditions to products. Such blocking can be based on e.g. the customer’s nationality or place of residence (e.g. on the basis of the user’s IP). In other words, the practices are used when e.g. a French citizen is trying to buy some goods from a Polish online store which refuses to sell because of his nationality. (more…)