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Changes in Polish crowdfunding provisions (from November 10, 2023)

Publication date: January 05, 2024

Access to capital and its acquisition is the key to the development of every enterprise. It may be easier for larger, more established companies to raise capital from investors or obtain additional money from lenders. However, some companies may encounter obstacles that may slow down their growth. This is especially true for small businesses and startups, where crowdfunding can be helpful.

What is crowdfunding?

Crowdfunding involves using small amounts of money from a large number of people to fund a new business. It leverages easy access to vast networks of people through social media and crowdfunding sites to connect investors and entrepreneurs and connect traditional owners, relatives and venture capitalists. It offers the potential to increase entrepreneurship by expanding the pool of investors beyond the circle. Crowdfunding means an alternative form of funding, which is particularly popular among start-ups and small and medium-sized enterprises. The main reason for this is the informalization of procedures and high flexibility of operating rules.

How does crowdfunding work?

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TAX RELIEFS AND EXEMPTIONS TO SUPPORT INNOVATIONS AND INVESTMENTS IN THE LIFE SCIENCE INDUSTRY – TRAINING

Publication date: January 03, 2024

The lawyers of KIELTYKA GLADKOWSKI KG LEGAL will take part in the training organized by the Life Science Cluster in Krakow on the new available tax reliefs and exemptions that support innovations and investments in the life science industry.

The training will take place on 10 January 2024 in the Life Science Cluster.

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Criminal liability for business decisions in Poland. Tightening penalties for white collar crimes in Poland.

Publication date: January 03, 2024

On October 1, 2023, a controversial amendment to the Polish Penal Code entered into force. The changes introduced by it include, among others, tightening penalties for crimes listed in Chapter XXXVI of the Polish Penal Code (hereinafter referred to as the Penal Code), i.e. crimes against business transactions and property interests in civil law transactions. People holding important positions in companies should feel particularly at risk, because in their case the penalties will be much higher.

Penalties for white collar crimes.

Introduced together with the amendment to the Penal Code, Art. 306b of the Penal Code, creates new qualifying types for acts under Art. 296 § 1 or 2 of the Penal Code (abuse of trust in business transactions), Art. 296a § 1 or 4 of the Penal Code (economic bribery of the basic and qualified types), Art. 299 § 1, 2, 5 or 6 of the Penal Code (money laundering) or in Art. 303 § 1 of the Penal Code (unreliable and false economic documentation). These types are based on the amount of property involved in the crime or the amount of damage. And accordingly, in accordance with Art. 306b § 1 of the Penal Code, the qualifying mark is committing an act in relation to property with a value (or causing damage of a certain amount) greater than five times the amount determining the property of great value (PLN 5,000,000), while the qualifying mark under § 2 is the value greater than ten times the amount determining property of great value (PLN 10,000,000).

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Green clauses in lease agreements – ESG assumptions and sustainable development

Publication date: December 21, 2023

Issues and practical implications of the phenomenon of green clauses

In the area of the dynamically evolving legal and business space, the subject of reflection is the phenomenon of green clauses in lease agreements, which constitute a meeting point of innovative legal practices and sustainable development strategies. This article is aimed at a reliable analysis of this phenomenon, considering it in the context of the real estate market and its key participants. On the one hand, we face the challenge of adapting traditional legal practices to new realities, and on the other, we explore how these new realities can generate benefits for all participants in the real estate process. In the context of green clauses in lease agreements, practical implications may include, for example, the impact of these clauses on the relationship between the parties to the lease, changes in property management, financial implications for owners and tenants, or the long-term impact on property values.

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A work generated by AI and copyright – new case law

Publication date: December 20, 2023

With the development of technology, artificial intelligence began to impact almost all areas of our lives, starting from performing tedious simple tasks, it has developed to the point that it is able to create art, including graphics and music. With this progress, new issues and problems arise related to this AI activity. One of the main current problems is the question of who holds the copyright to works created in this way and whether such works are covered by copyright protection at all. Questions arise such as: can artificial intelligence be considered a creator? Do works created by artificial intelligence have copyright? What human contribution is sufficient for copyright protection of a work? Who is the creator of the work and who should have the copyright?

US Court ruling regarding works generated by artificial intelligence

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