| In Principle

Shield 4.0 clarified that the possibility of temporary termination of lease contracts applies to all spaces in commercial structures with a sales area over 2,000 m2. The earlier wording of this provision raised many doubts.

Even before a state of epidemic threat was announced, some businesses anticipating the probable impact of the approaching pandemic decided to take out business interruption insurance. But can this type of coverage make up for at least some of the losses due to the pandemic?

In the video game sector it is often necessary to draw on specialised knowledge from various fields (e.g. for graphic design projects). In such cases, it is increasingly common to cooperate with external experts by outsourcing certain processes. This form of cooperation carries many advantages, but if the conditions are not carefully framed it can create serious risks for the game development company.

The Financial Shield of the Polish Development Fund (PFR) is one of the most popular support instruments launched in relation to the coronavirus epidemic. Aid under the programme is differentiated and depends on the classification of the beneficiary as an SME (micro, small or medium-sized enterprise) or a large enterprise. So determining the size of the enterprise is crucial for assessing the potential benefits. Another difficulty is the change in eligibility conditions for SMEs introduced by the fund, which may affect the situation of entities considering applying for subsidies and those who have already received them. Some recipients may have to repay the aid.

Is the creativity of video game developers limited by architects’ rights to the image of their buildings erected in public space?

In recent months, perhaps more than ever, life has moved online. Some people spend their time reading e-books or playing video games. Can they later resell or exchange such “used” works? A recent ruling by the Court of Justice throws into doubt the secondary trading in digital goods.

On 2 July 2019, at the Hague Conference on Private International Law, the conclusion of a new international convention was announced: the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. It complements the 2005 Hague Convention on Choice of Court Agreements.

The instrument popularly known as the “IP Box,” introduced on 1 January 2019, allows taxpayers to claim a lower, 5% rate of corporate income tax or personal income tax in their annual tax settlements for income generated from commercialisation of qualified intellectual property rights they have created or developed through R&D activity. In this article we discuss how to benefit from the IP Box in the game development industry, who is eligible for the IP Box, and the conditions that must be met.

In the fifth part of our series, we focus on the provision allowing interested parties to verify whether actions they have planned or undertaken infringe the exclusive rights of others. A claim seeking a declaration of non-infringement is an example of a preventive measure heading off filing of an infringement action by the holder of IP rights. This measure allows litigants to obtain judicial confirmation of the legality of their own actions in terms of respect for the intellectual property rights of competitors.

On 19 June 2020, the Parliament adopted “Shield 4.0,” new law of great importance for M&A practice. Shield 4.0 amends the Act on Control of Certain Investments of 24 July 2015 and enters into force on 24 July 2020.

“Shield 4.0” extends the deadlines for all obligated entities to file transfer pricing information (TPR), declarations on preparation of local transfer pricing documentation, and enclosures of group transfer pricing documentation. The earlier regulations extended the deadlines only for selected taxpayers.

On 24 June 2020, a new restructuring procedure entered into force, enabling businesses to carry out debt relief smoothly without undue judicial interference. Potential risks and doubts may arise on the part of creditors on how to counteract the negative effects of opening these proceedings. Simplified restructuring is a hybrid of solutions provided for in other restructuring procedures, allowing the debtor to enter into an arrangement with creditors while ensuring extensive protection against enforcement and termination of key contracts.