KG LEGAL \ INFO
BLOG

KIEŁTYKA GŁADKOWSKI participated in the webinar: CLIMATE CHANGE, The impact of climate change on lawyers’ practices.

Publication date: February 27, 2023

On Monday, February 27, 2023 our law firm had the pleasure to take active part in the webinar devoted to Climate change and how it affects legal practices, organized by the European Lawyers Foundation. The experts that formed the roundtable were Dominique Attias from the ELF, Jean-Marc Gollier from CCBE, Vesselina Haralampieva from the European Bank of Reconstruction and Development, Tiffanie Chan from the Grantham Research Institute on Climate Change and the Environment; and Jonathan Goldsmith from ELF.

More

DORA (Digital Operational Resilience Act), i.e. a draft regulation on the operational digital resilience of the financial sector.

Publication date: February 24, 2023

What is DORA and what is its purpose?

Digital Operational Resilience Act is one of the elements of the EU legislative package on digital finance, which aims to update the regulatory environment in the area of financial technologies, as well as to harmonize processes and standards of digital resilience in the entire sector, with particular emphasis on increasing resistance to upcoming cyberattacks in the financial sector, which over time are becoming more sophisticated and problematic. DORA aims to harmonize incident classification and reporting processes. Early incident detection and timely response are key. It is necessary to adapt to the new EU reporting rules, as well as adapt internal processes to optimize the allocation of resources.

The Regulation was designed to ensure that the operations of the European Union’s financial sector are able to withstand cyberattacks and operational threats, which means that institutions are to be able to stop or counteract cyberattacks by implementing best practices, such as data protection and planning future responses to such dangers. The Regulation thus introduces a number of harmonized obligations for entrepreneurs from the broadly understood financial market and entities providing ICT services to them (e.g. collecting, processing and transmitting information).

More

Securing the rights of the employer in Poland under cross-border employment contracts

Publication date: February 24, 2023

We are now in Poland on the verge of crucial changes in the labour law. However, despite the supposedly revolutionary changes in the supervision and enforcement of employee duties, Polish labour law will not still, in its standard wording of the Polish Labour Code, indicate precisely the definition and scope of the general due diligence of the employee’s duties.

Therefore, it will be timely to create a contractual framework, because the employer should make an agreement with the employee in a written or confirmed letter at the latest on the day of starting work, indicating, among other aspects, what is precisely the duty of the employee.

More

New technologies in the fashion industry

Publication date: February 23, 2023

One of the areas of new technologies is the use of specific materials and textiles. It is worth noting that more and more clothing manufacturers are choosing methods of producing products that will be less harmful to the environment. Undoubtedly, the use of modern technologies in this field prevents the progress of negative climate changes to some extent. At the same time, it influences the positive perception of the brand among consumers, who more and more often consciously choose more ecological solutions, also in the case of fashion. Legal regulations, not only Polish, but also applicable to producers from European Union countries, specify what description should be indicated and contained in the label. Each manufacturer must put a mark or label informing about the type of fibers from which the garment is made. Such marking must be permanent, legible, visible, easily accessible and carefully affixed. The proper application of these legal regulations is controlled by the relevant market surveillance authorities – in Poland, this is the Trade Inspection and the Office of Competition and Consumer Protection.

The development of the fashion industry is associated with the introduction of new technologies not only in the clothing production process, but also in the sales process or the logistics sector. The use of modern solutions is aimed at, inter alia, facilitating shopping for customers, and at the same time increasing sales, safety of individual groups and work efficiency.

More

Regulations of patent law in relation to generic drugs – international aspects and Polish law

Publication date: February 23, 2023

What is a generic drug?

A generic drug is one that has been created in the same way as a branded drug in terms of dosage, safety, efficacy, route of administration, quality, properties of action and intended use. These similarities help demonstrate adequate bioequivalence, meaning that the medicine will work in the same way as the original medicine. In other words, the original drug is equal to the generic substitute.

Generic drugs typically cost significantly less than their original counterparts because they take much less time to produce and eliminate the costs associated with animal testing and clinical trials. Often such a shortened drug registration path is called “shortened application of a new drug”. As a result of reducing the research costs associated with generic drugs, their final price is much lower than the price of the original product (usually they are 80 to 85% cheaper than the original ones), which makes them much more willingly bought by customers and generate much higher profits than generic products original. According to the IMS Health Institute, these drugs saved more than $2.2 trillion to the healthcare system between 2009 and 2019.

More

UP