Poland updates

Energy & Natural Resources

Contributed by Kubas Kos Gałkowski
High-efficiency cogeneration – individual cogeneration bonuses announced
  • Poland
  • 28 October 2019

The first implementing regulations of the Act of 14 December 2018 on the Promotion of Electricity from High-Efficiency Cogeneration were published on 21 August 2019. The act aims to exploit the potential of cogeneration to improve air quality in Poland and increase the efficiency of heating and cooling systems.

My Electricity – new PV programme introduced
  • Poland
  • 26 August 2019

The prime minister and the minister of the environment recently presented a new programme called My Electricity, which aims to promote the use of photovoltaics. The introduction of My Electricity is one way to achieve the government's renewable energy target (ie, 15% of energy from renewable sources by 2020); however, additional programmes that support renewable energy production are needed.

President of Energy Regulatory Office's term of office comes to an end
  • Poland
  • 01 July 2019

Maciej Bando's five-year term of office as the President of the Energy Regulatory Office recently came to an end. A new head of the regulatory body may lead to a change of method in the execution of some competences under its administrative discretion. This change of method may be particularly visible in network and supply activities, as most of the regulations in this regard are developed by the President of the Energy Regulatory Office and other administrative bodies in the European Union.

High-efficiency cogeneration support system takes shape
  • Poland
  • 27 May 2019

The Act on Promoting Electricity from High-Efficiency Cogeneration recently entered into force. It establishes support mechanisms for combined heat and power (CHP) installations connected to district heating networks, which will replace the previous support scheme that expired at the end of 2018 and was based essentially on certificates of origin for energy from CHP installations.


Intellectual Property

Contributed by Sołtysiński Kawecki & Szlęzak
Supreme Court judgment on copyright of deceased artist
  • Poland
  • 21 October 2019

The Supreme Court recently issued a notable judgment concerning the work of a deceased artist and the alleged infringement of his moral copyright. The decision underlines that it is difficult to limit the activities of people who have been gifted the work of an artist even after the artist's death, especially in the case of a close personal relationship between the artist and the beneficiaries.

Constitutional Tribunal deems information claim mechanism unconstitutional
  • Poland
  • 18 February 2019

The Constitutional Tribunal recently found that the information claim mechanism provided for in the Industrial Property Law does not comply with the Constitution. Following the tribunal's ruling, the scope of the legal mechanisms to obtain information to determine the scale of an IP infringement has been reduced. However, the decision also makes it possible to protect entrepreneurs from the unjustified and unnecessary disclosure of business secrets.

The Witcher author uses 'bestseller clause' to request additional remuneration
  • Poland
  • 19 November 2018

Andrzej Sapkowski, a well-known Polish writer and author of The Witcher fantasy saga, recently requested additional remuneration of at least Z60 million from CD Projekt for a video game based on his work. Following the game's worldwide success, Sapkowski claimed under Article 44 of the Copyright Act that the remuneration granted to him was too low relative to the benefits derived from the exploitation of his work.

Audiovisual works and problems with copyright law
  • Poland
  • 17 September 2018

The Copyright Law provides no legal definition of what constitutes an 'audiovisual work', which has resulted in problems regarding the remuneration of authors and the role of collective management organisations in this context. The practical issues concerning remuneration for the use of audiovisual works underline the need to amend the Copyright Law, as the existing legislative gaps cannot be resolved by case law alone.

Implementing EU Trade Secrets Directive into Polish legal system
  • Poland
  • 16 April 2018

The Polish legislature is in the process of implementing the EU Trade Secrets Directive. The new legislation is considered to be generally compliant with the directive and is likely to come into force on June 9 2018. While the legislature should be praised for its attempt to implement the directive on time, work appears to be progressing too quickly in order to discover and eliminate possible deficiencies and guarantee the directive's full implementation.


Tech, Data, Telecoms & Media

New film production support scheme launched
Sołtysiński Kawecki & Szlęzak
  • Poland
  • 22 March 2019

Under a new financial support scheme, the Polish Film Institute will now offer cash rebates as a form of support for the production of feature films, documentaries, animated films and TV series. The general aims of the scheme are to assist the audiovisual market, attract foreign capital, support the production of films in Poland and promote the country and its cultural heritage abroad.