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Can colour be a trade mark?

Bird & Bird
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Poland
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June 27 2011

While a single colour can be a trade mark only if it acquires a secondary distinctive character, a composition of colours made in an appropriate way and with appropriate proportions of the colours used may be a trade mark which is inherently distinctive

Resolution of the Supreme Court panel of seven judges of 12 December 2010 (ref. II PZP 610)

Bird & Bird
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Poland
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June 3 2011

In a case under the labour law that may be or is brought by an individual, a trade union may not file a lawsuit in the name of the employee or join the proceedings without the employee's consent

Resolution of the Supreme Court of 18 March 2010 (ref. II UZP 210)

Bird & Bird
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Poland
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June 3 2011

The Supreme Court stated that the refusal of the Social Insurance Administration (ZUS) to issue a certificate concerning the relevant legislation (Article 11 of Council Regulation (EEC) No. 57472 laying down the procedure for implementing regulation (EEC) No. 140871 on the application of social security schemes to employed persons, to self-employed persons and to their families moving within the community) is issued in a form of an administrative decision, and may be challenged before the court having jurisdiction in respect of social security cases

Obligation to delete specific personal data from back-up

Bird & Bird
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Poland
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May 6 2011

Following the Polish Supreme Administrative Court's judgment, controllers of personal data are obliged to delete specific personal data from back-up copies when the "original" data is deleted from a data filing system

The administrator of an internet forum may be responsible for unlawful posts the judgment of the Court of Appeal of 18 January

Bird & Bird
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Poland
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May 6 2011

If an administrator of an Internet forum monitors the posts and informs users in the terms & conditions about moderation of the forum including removal of unlawful posts, it should be aware that it may be liable for any offensive content published by users that it has not removed

Obligation to delete specific personal data from back-up copies

Bird & Bird
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Poland
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April 4 2011

Based on the Polish Supreme Administrative Court's judgment, data controllers will be obliged to delete the personal data of specific data subjects from back-up copies when the "original" data is deleted from the relevant data filing system

Distributors are also liable for the quality of their products

Bird & Bird
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Poland
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February 9 2011

The court has confirmed liability of food distributors for products they market

CJEU C-38508 - the European Commission v the Republic of Poland

Bird & Bird
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European Union, Poland
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January 31 2011

On 22 December 2010, the Court of Justice of the European Union issued a decision in Case C - 38508 regarding the granting of marketing authorisations for several generic medicinal products immediately prior to the date of accession of Poland to the EU (1 May 2004

General updates

Bird & Bird
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Poland
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December 31 2010

New, electronic writ-of-payment proceedings came into operation in Poland on 1 January 2010

Personal data protection and journalistic secrecy

Bird & Bird
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Poland
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September 2 2010

The Polish Supreme Administrative Court ("SAC") ruled in favour of an applicant's right to obtain a journalist's personal data in order to sue him in civil court for harm to the applicant's personal reputation

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