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Measuring Brand Equity, Polish legal regulations and the World’s Most Valuable Brands

The term “brand” is sometimes defined in different ways. Generally speaking, however, it is a name, a symbol, a graphic sign or a combination of these created in order to distinguish a given product or service from other competing goods. A brand is a set of functional elements that help build a customer base and enable the brand owner to achieve market leadership. A brand may consist of a name which is the verbal part and a non-verbal part, i.e. any symbol, logo. A brand or part of a brand under legal protection becomes a trademark.[1]

What is a trade mark and what is its purpose?

A trademark can be any sign capable of distinguishing the goods or services of individual entrepreneurs. Pursuant to Article 120 of the Polish Industrial Property Law Act, a trademark can be a word or a phrase as well as a drawing, an ornament or a colour composition. Trademarks are used in business transactions. In other words, an entrepreneur uses its trademark in trade with a consumer or another entrepreneur to identify its products or services. A trademark is therefore a sign that distinguishes enterprise from other enterprises of the same kind that have a similar offer.[2] 

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The EU’s new MiCA regulation on crypto-assets

As the market for cryptocurrencies and crypto-assets is growing at a frenetic pace, last year there were many discussions in the European Union about the rules and regulations related to them. On September 24, 2020 the European Commission has issued an important project affecting the Market of Crypto-assets in the European Union, namely the Proposal for the REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on Markets in Crypto-assets, and amending Directive (EU) 2019/1937.

What is the purpose of the proposal?

Due to the growing popularity of cryptocurrencies, there has occurred a need for increased regulatory scrutiny. There are different approaches to cryptocurrencies around the world regarding government regulations. The regulations in the new draft are designed to protect consumers from cyber-attacks, theft or malfunction on cryptocurrency exchanges. What is surprising – despite the emphasis on increased scrutiny and protection, the regulation does not mention a requirement for mandatory insurance against, for example, loss of assets due to fraud or cyber-attack.

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KIELTYKA GLADKOWSKI WILL PARTICIPATE IN THE WEBINAR DEVOTED TO NON-FUNGIBLE TOKENS AND THEIR LEGAL REGIME – ORGANISED BY CAIADO GUERREIRO

On 19 October 2021 KIELTYKA GLADKOWSKI will participate in the webinar, organised by a multi-jurisdictional law firm Caiado Guerreiro, on Non-fungible Tokens and their legal status.

In the webinar, the participants will answer to the most frequent questions about this revolutionary form of art that is trending all over the internet, as well as the legal aspects that are inherent to it.

A non-fungible token (NFT) is a unique and non-interchangeable unit of data stored on a digital ledger (blockchain). NFTs can be used to represent easily-reproducible items such as photos, videos, audio, and other types of digital files as unique items (analogous to a certificate of authenticity), and use blockchain technology to establish a verified and public proof of ownership. Copies of the original file are not restricted to the owner of the NFT, and can be copied and shared like any file. The lack of interchangeability (fungibility) distinguishes NFTs from blockchain cryptocurrencies, such as Bitcoin.

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Tax deal for the digital age in BEPS problem – the Two-Pillar Solution of the OECD for 15% income tax for Multinational Enterprises (MNEs)

On 08 October 2021 there was finalised a major reform of the international tax system at the OECD which will ensure that Multinational Enterprises (MNEs) will be subject to a minimum 15% tax rate from 2023.

The landmark deal, agreed by 136 countries and jurisdictions representing more than 90% of global GDP, will also reallocate more than USD 125 billion of profits from around 100 of the world’s largest and most profitable MNEs to countries worldwide, ensuring that these firms pay a fair share of tax wherever they operate and generate profits.

Following years of intensive negotiations to bring the international tax system into the 21st century, 136 jurisdictions (out of the 140 members of the OECD/G20 Inclusive Framework on BEPS) joined the Statement on the Two-Pillar Solution to Address the Tax Challenges Arising from the Digitalisation of the Economy. It updates and finalises a July 2021 political agreement by members of the Inclusive Framework to fundamentally reform international tax rules.

With Estonia, Hungary and Ireland having joined the agreement, it is now supported by all OECD and G20 countries. Four countries – Kenya, Nigeria, Pakistan and Sri Lanka – have not yet joined the agreement.

International community strikes a ground-breaking tax deal for the digital age

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DECOMPILATION OF A COMPUTER PROGRAM – CJEU JUDGMENT

The Court of Justice of the European Union, in a judgment important not only for IT environments, decided that if a computer program does not work, in certain cases it can be decompiled

The buyer of a computer program has the right to decompile it in order to remove errors and thus does not infringe the copyright, the Court of Justice of the European Union found in a judgment important not only for IT communities, on 6 October 2021.

Computer programs are considered works and therefore are subject to copyright in Poland. However, these are specific works, therefore, at the EU level, a separate directive on the legal protection of computer programs (91/250/EEC) has been dedicated to them. It regulates a number of technological aspects related to the use of software, including its possible decompilation. The buyer of the program usually does not have access to its source code. He gets it in the form of machine code. In order to change something in it, it is necessary to decompile it. The question, however, is when is it legally permissible.

Decompilation therefore constitutes an alteration of the program’s code, which involves a reproduction – at least a partial and temporary one – of that code, and a translation of the form of that code.

Decompilation of a computer program involves the performance of acts, namely the reproduction of the program code and the translation of the form of that code, which in fact come within the exclusive rights of the author, as defined in Article 4(a) and (b) of Directive 91/250.

EU legislature thus intended to limit the scope of the exception for interoperability, as laid down in that provision, to circumstances in which the interoperability of an independently created program with other programs cannot be carried out by any other means, but only by means of decompilation of the program concerned.

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