Publications

This is getting boring

I honestly wanted to write about something different this time, realising that my columns about the Constitutional Tribunal may have been boring for many readers. However, the saga has taken a couple of interesting twists. Two weeks ago, the government suddenly published 21 rulings of the [...]

Remco van der Kroft New Chairman of the NPCC

Remco van der Kroft has been appointed the new Chairman of the Netherlands-Polish Chamber of Commerce. Bulletin asked him about his ideas for the chamber and what brought him to Poland. Can you tell us something about yourself? Remco van der Kroft “I was born in The Hague, and grew up in Leiden [...]

Dutch cybersquatters and their Polish victims

In Amsterdam, squatters like to occupy empty buildings without permission from the owners. In the virtual world, cybersquatters “occupy” unused web-addresses, which morally “belong” to someone else. They register domain names that include valuable phrases, e.g. names of well-known artists, [...]

Intellectual Property, Polish subsidiaries & Taxation

Often Polish subsidiaries of international groups operate in Poland using intellectual property created and owned by the parent company or other group members. This usually is either a trademark, a patent, a copyrighted work (e.g. software), know-how or a combination thereof. From time to time [...]

Liability of management board members for debts of a Polish Limited Liability Company

Board members of Polish Limited Liability Companies (Sp. z o.o. or S.A.), should from time to time make sure that their internal control and reporting mechanisms are working properly, as they can be held personally liable for their actions as a board member. This liability can be based on civil [...]

Software protection – sky-high damages in the USA

At the beginning of the software industry, the legal protection of computer programs was an open issue. The patent system perceived computer programs as mere algorithms, which do not satisfy a definition of invention, i.e. a solution to a technical problem. There was a general tendency to [...]

The Flex B.V. – what are the consequences for my Dutch holding company

Dutch law does not change as often as Polish law, but this autumn we can easily speak of a revolution in Dutch corporate law. On 1 October 2012, the so-called Flex BV Act came into force and the One-Tier Board Act will come into force as of 1 January 2013. Both changes to Dutch corporate […]

Insurance Claims

Due to a recent thunderstorm, my iMac was damaged (at a cost around PLN 2000). Despite the fact that I did not have an extension cord with lightning protection, the insurance company paid out instantaneously. This made me very happy about my choice of broker and insurance company, but then I [...]

How to divorce in business?

When people set up a company together they are full of positive plans; it’s all about sharing future profit and about building a business. Those who are prudent have a lawyer draw up articles of association and often in addition to that a joint venture agreement. The lawyer will talk about [...]

Poland… It’s a funny place

During the summer months I had some time to reflect on administrative absurdities in Poland. One that immediately springs to mind is the fact that construction and engineering companies currently have about 3 billion zlotys in claims against the Roads Authority. Although part of these claims is [...]

International disputes

When negotiating international contracts, often one of the last points for discussion is the applicable law and dispute resolution. There is a simple reason for this. When the business conditions of a deal have been discussed between the parties, usually one of them calls his lawyer and asks [...]