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A landmark judgment for all franchisers in Poland

An expert comment made by the founding partner of KG Legal in respect of a landmark judgment on Polish franchise agreement

An expert comment made by the founding partner of KG Legal Kiełtyka Gładkowski to Polish Law Journal, 7-9 July 2017 No. 26 (81), in the article by J. Styczyński, “The Court issues a courageous judgment on franchise agreement: franchise contract may be broken if there was no trust between the parties”. The landmark judgment issued by the Court of Appeal in Krakow on 30 March 2017 (case file number I ACa 711/16).

– A soft franchise can be recognized by the manner of taking action by the owner of a franchised shop who, while maintaining business within the network of a given brand, retains a great deal of its business distinctiveness – explains Małgorzata Kiełtyka, attorney and partner at KG LEGAL Kiełtyka Gładkowski. […] On the other hand, Małgorzata Kiełtyka emphasizes that the lack of this guarantee should be taken into account in particular by beginner entrepreneurs in franchise sector. – The franchisee receives a franchise package in which he or she is provided with knowledge and support as to how to do business, and in any case, is provided with an access to the distribution of goods (services) on special terms. But even the strongest and most recognizable brand with which the franchise will be equalized in the market, does not always balance all the financial burdens imposed on the franchisee as a part of the franchise agreement.“.

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KG Legal conducts networking for Scandinavian firm

picture shows finger pointing on network

KG Legal, as a Polish law firm, is looking for partners and investors for Scandinavian firm producing surgery devices.

The cross border cooperation will be based upon exchange of know-how or technology transfer and  receiving funds from investors.

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The protocol of opening the webite as an evidence in litigation

picture shows man writing documentsPolish legal system foresees a possibility to draw up various types of notarial protocols in order to restore the objective truth relating to the claim and litigation. The example of this solution is the protocol of the opening of a website.

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Online shop – protection of consumers

picture shows online shop buttonPolish law, in accordance with European directives, requires from entrepreneurs to provide many provisions on terms and conditions of conducted online shop. Main legal acts which include such requirements are ‘Protection of Competition and Consumers Act’, ‘Consumer Rights Act’ and ‘Provision of Services by Electronic Means Act’. Other regulations find their source in more detailed acts and ordinances.
Fulfillment of needed provisions is governed by Polish Office of Competition and Consumer Protection (UOKiK), which could be found at their website as follows: https://www.uokik.gov.pl/home.php. In case UOKiK discovers the lack of regulation required, it may impose a severe fine.

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Liquidation of the Polish branch of foreign entrepreneur

KG Legal is conducting liquidation of the Polish branch of foreign entrepreneur. Such changes occur due to reorganization of significant entity of freight and rail industry from Benelux. KG Legal provides absolute legal service and advises in every matter related to liquidation in order to achieve satisfactory outcome.

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