An expert comment made by the founding partner of KG Legal in respect of a landmark judgment on Polish franchise agreement

An expert comment made by the founding partner of KG Legal Kiełtyka Gładkowski to Polish Law Journal, 7-9 July 2017 No. 26 (81), in the article by J. Styczyński, “The Court issues a courageous judgment on franchise agreement: franchise contract may be broken if there was no trust between the parties”. The landmark judgment issued by the Court of Appeal in Krakow on 30 March 2017 (case file number I ACa 711/16).

“– A soft franchise can be recognized by the manner of taking action by the owner of a franchised shop who, while maintaining business within the network of a given brand, retains a great deal of its business distinctiveness – explains Małgorzata Kiełtyka, attorney and partner at KG LEGAL Kiełtyka Gładkowski. […] On the other hand, Małgorzata Kiełtyka emphasizes that the lack of this guarantee should be taken into account in particular by beginner entrepreneurs in franchise sector. – The franchisee receives a franchise package in which he or she is provided with knowledge and support as to how to do business, and in any case, is provided with an access to the distribution of goods (services) on special terms. But even the strongest and most recognizable brand with which the franchise will be equalized in the market, does not always balance all the financial burdens imposed on the franchisee as a part of the franchise agreement.“.

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KG Legal publishes in the second issue of the quarterly “Biotechnologia.pl” an article about contract for clinical trials with a foreign entity.

You can read the article HERE.

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Liquidation of a branch of a foreign entrepreneur is proceeded on the basis of the provisions of liquidation contained in the Commercial Companies Code. The first step is to proceed with the entry procedure for the opening of liquidation, when the name of the company is expanded by the phrase ‘in liquidation’. At this stage, the most diligent part is to show the representation before the National Court Register and collect all statutory documents of the parent company. Next, financial documents should be collected in accordance with the Accountancy Act, as the procedure affects the financial period and liquidation settlements and furthermore, the announcement in Court and Economic Journal (Monitor Sądowy i Gospodarczy) needs to be published in order to call creditors to file their claims against the company. The last phase is the deletion of the entity from the National Court Register.

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KG Legal publishes in the first issue of the quarterly “Biotechnologia.pl” an article about „Small” legal act – new law and tax benefits for biotechnology in Poland.

You can read the article HERE.

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On the 4-5^th October 2017 in Galway, Ireland, there will be held Medtec Ireland 2017, which is one of the older Medical Technology Confex in Europe.

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