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Conflict between disclosure obligations under MAR (Market Abuse Regulation) and the confidentiality of negotiations and trade secrets

Publication date: January 09, 2026

Disclosure obligations under MAR

Regulation (EU) No 596/2014 of the European Parliament and of the Council of 2014 (the so-called MAR Regulation) imposes a number of key information and disclosure obligations on issuers of financial instruments and persons discharging managerial responsibilities.

The main disclosure obligations contained in the aforementioned regulation include, among others, the disclosure of confidential information, as set forth in Article 17. Under this provision, the issuer of securities must publicly disclose all confidential information that directly concerns it as soon as possible after the issue. All such information should be provided in a manner that ensures prompt access and allows for full public review. However, a delay in disclosure is possible. This situation occurs when immediate disclosure could harm the issuer’s interests, but the delay does not mislead the public, and the issuer is able to ensure the confidentiality of the information. The Polish Financial Supervision Authority must be notified of any delay immediately after the information is published.

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LISTING ACT – increasing the attractiveness of capital markets

Publication date: January 07, 2026

The Listing Act is a legislative package proposed by the European Commission and adopted by the European Parliament and the Council. Its goal is to increase the attractiveness of public securities markets for companies, primarily by facilitating access for small and medium-sized enterprises (hereinafter referred to as SMEs). The changes introduced are intended to simplify procedures and reduce documentation, as well as reduce burdens and costs for companies.

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BIOTECH ACT – ANALYSIS OF MAIN ASSUMPTIONS

Publication date: January 07, 2026

The European Union has launched a comprehensive regulatory framework for biotechnology and support for businesses in this field. It is estimated that approximately 80 percent of active pharmaceutical ingredients are imported, particularly from countries such as China and India. The European economy cannot afford this current state of affairs if it is to remain competitive, stable, and attractive to investors. For this reason, the so-called Biotech Act, which is intended to regulate the field and industry of biotechnology, as well as research conducted on it, in such a way as to solve the current problems occurring therein.

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INTELLECTUAL PROPERTY LAW – EU AND POLISH PERSPECTIVE

Publication date: January 07, 2026

Intellectual property law plays a key role in protecting creativity and innovation, regulating the use, management, and transfer of rights to works, inventions, and trademarks. In the Polish legal system, these issues are grounded in specific provisions, such as the Copyright and Related Rights Act and the Industrial Property Law, as well as in the general provisions of the Civil Code. The transfer of intellectual property rights, including their transferability, succession, and the form of contracts, raises many practical questions. Can intellectual property rights be transferred under the Civil Code? What are the rules governing their transfer? This article will examine these key issues, including the relationship between the general provisions of the Civil Code and the provisions of specific laws.

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Consequences of AI Washing in the light of consumer law and the provisions of the Artificial Intelligence Act (AI Act) – Polish and EU perspective

Publication date: January 06, 2026

AI washing as a market phenomenon

AI washing is a phenomenon of growing scale and market significance, whose name and general scope are directly analogous to the well-recognized greenwashing and the less-developed ethics washing. Despite the lack of a single, universally accepted definition, all attempts to define it converge on defining this practice as a marketing tactic. In this context, companies attribute advanced capabilities resulting from the implementation of artificial intelligence (AI) to their products, services, or internal processes, even though the actual level of its application is marginal or disproportionate to the claims made.

These behaviors are often the result of intense competitive pressure from other market players, consumer expectations following technological trends, and internal corporate pressure to achieve rapid profits and project an image as an innovation leader. AI has now become synonymous with progress and, often, profit. This is also due to the lack of a generally accepted definition of AI, although one has now been introduced as part of Regulation (EC) No 2024/1689 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139, (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797, and (EU) 2020/1828 (the Artificial Intelligence Act) (hereinafter referred to as the AI Act), which will be discussed later in this article. Nevertheless, it is worthwhile to define AI at this stage and how this concept will be understood for the purposes of the upcoming discussion.

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