Visegrad Patent Institute
On the 1st July 2016 the Visegrad Patent Institute (VPI) began its activity. It was founded as a result of expanding cooperation between national offices of industry property of members of the Visegrad Group (the Czech Republic, Hungary, the Republic of Poland, the Slovak Republic).
The beginnings
Visegrad Patent Institute is modelled on the Nordic Patent Institute, created in collaboration by Denmark, Iceland and Norway, which operates in a similar way. On 26th February 2015, in Bratislava, the representatives of the founding countries signed an agreement on the Visegrad Patent Institute. Then, after the ratification by all members, International Patent Cooperation Union acting on the basis of Patent Cooperation Treat under World Intellectual Property Office appointed Visegrad Patent Institute as an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA).
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On 30th November we had an special opportunity to take part in online Seminar organized by APIS Europe. Two speakers – prof. Dr. Nikolay Natov from Sofia University and Hristo Konstantinov, deputy managing Director of APIS Europe JSC discussed important matters regarding revised regime of jurisdiction and the recognition and enforcement of judgments in civil and commercial matters in the light of new EU Regulation No 1215/2012 and presented two modern solutions : EuroCases and Link Detector.
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Małgorzata Kiełtyka, KG LEGAL’s Founding Partner and Head of English Desk has been involved in a project concerning the translation of a publication created by PhD Andrzej Grabowski, assistant professor from the Department of Legal Theory from the Faculty of Law and Administration at the Jagiellonian Uniwersity in Cracow. The book relates to Juristic Concept of the Validity of Statutory Law – a Critique of Contemporary Legal Nonpositivism. Its English version has been published by Springer.
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The contract with a foreign business partner – what Polish company has to pay attention to? – Part 2
„Clear and coherent contract with foreign counterparty is the key to success” – truism or the most urgent issue for Polish companies? The authors’ practise regarding legal advice indicates, that polish entrepreneurs conclude contracts with foreign counterparties on grave adverse conditions for its legal position. We present hereafter the most common mistakes that Polish companies make by conducting foreign contracts.
“7 deadly sins” are:
4. Lack of proper security of payments
Polish entrepreneurs do not impose their conditions of payments by using clauses providing security of receiving payments for foreign service or product, which has been sent aboard. There are multiple simple legal instruments, which (in case of being included in the contract) could be surely recognized by foreign companies as standard solutions, acceptable in those situations. Various forms and types of international security considering commercial contracts represent so spacious thoughts, that authors decided to discuss them in a separate article.
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– The contract with a foreign contractor – what Polish company has to pay attention to?
„Clear and coherent contract with foreign counterparty is the key to success” – truism or the most urgent issue for Polish companies? The authors’ practise regarding legal advice indicates, that polish entrepreneurs conclude contracts with foreign counterparties on grave adverse conditions for its legal position. We present hereafter the most common mistakes that Polish companies make by conducting foreign contracts.
“7 deadly sins” are:
1. Discrepancy of various language versions
Parties coming from various legal jurisdictions often use different language versions of the contract. Those language versions are different, when it comes to used terminology. Parties do not clearly indicate, which of them is the most significant. It concerns in particular situations, when parties coming not from English-speaking jurisdiction prepare the contract in English language (which is found to be a standard, but this language is still “foreign” for them); it is worth in those cases to be based on a mother language of at least one party.
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