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COUNTERINTELLIGENCE PREVENTION IN THE WORK OF A LAWYER

Publication date: October 15, 2024

The lawyers of KIELTYKA GLADKOWSKI KG LEGAL are taking part in the training organized by the Commission for Training of the Bar of Attorneys in Krakow devoted to Counterintelligence Prevention. The trainers are the officers of the Internal Security Agency. Only attorneys with Polish citizenship will be able to participate in the training.

What is counterintelligence prevention?

In the era of globalization and digitalization, lawyers face new challenges related to protecting their clients’ confidential information. Both personal data and strategic commercial or legal information that lawyers have at their disposal are becoming the subject of interest not only of competitors, but also of entities conducting intelligence activities. Counterintelligence prevention, understood as a set of activities aimed at protecting against unauthorized access to information, is therefore becoming an important element of professional practice. These activities are not only intended to protect against potential threats, but also fit into the ethical obligations related to attorney-client privilege and the protection of personal data under national and international law.

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LAWYERS OF KIELTYKA GLADKOWSKI KG LEGAL TOOK PART IN A WEBINAR ON DIGITAL REPLICAS

Our lawyers took part in a webinar on digital replicas (i.e., computerized copies of people or objects), organized by ITECH LAW association. During the webinar the panelists provided cross-border insight on this ecosystem as it relates to: (i) helping clients to protect their personality, image and likeness by managing authorized digital replicas and addressing unauthorized digital replicas (or deepfakes) during their lifetime; (ii) helping clients with estates that include digital replicas or that include wishes about digital memorialization; and (iii) the frauds and scams involving digital replicas targeting lawyers, firms and clients.

We wrote more about this topic here:

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Digital Replicas and Copyright Threats – International and Polish Perspective

Publication date: October 15, 2024

Legal basis

  • Copyright and Related Rights Act 1994
  • Regulation 2016/679 (GDPR)
  • Directive 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC

The intersection of copyright and AI is a rapidly evolving area with significant implications for creators and consumers alike. With a digital twin, you can simulate the behavior of real-world objects under different conditions, allowing you to better understand how they function and optimize their performance. As digital twin technology evolves and is used across industries, it becomes increasingly important to analyze the legal landscape surrounding its use. It’s essential to find a balance that promotes innovation while protecting individual rights and creative integrity.

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PARALLEL IMPORT – LEGAL AND PRACTICAL COMMENTS

Publication date: October 15, 2024

What is parallel import of medicines.

Parallel import of medicinal products is an institution that has its source in the EU law, resulting from the free movement of goods (Articles 34-36 TFEU), consisting in importing medicinal products from the European Union countries or a Member State of the European Free Trade Agreement. According to Article 21a of the Pharmaceutical Law, the medicinal products subject to parallel import must have “the same active substance or the same combination of active substances, at least the same indications up to level 3 of the ATC/ ATCvet code […], the same strength, the same route of administration and the same form as a medicinal product authorized for marketing in the territory of the Republic of Poland or a similar form that does not cause therapeutic differences in relation to a medicinal product authorized for marketing in the territory of the Republic of Poland.”[1]

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The possibility of using medicinal products not authorized for sale in Poland

Publication date: October 15, 2024

The need for doctors to use a medicinal product not approved for marketing in Poland raises the question of whether the lack of registration of the drug in Poland is equivalent to a ban on its use.

The solution to this problem can be found in Article 45 paragraph 3 of the Act of 5 December 1996 on the professions of physician and dentist (Journal of Laws of 2024, item 1287), which indicates that in justified cases, a physician may prescribe medicines admitted to trading in other countries, with a detailed justification in the medical documentation.

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