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NFTs and registered trademarks

Publication date: February 28, 2023

What is Non-Fungible token

Non-fungible token (hereinafter referred to as NFT), it is a unit of data stored in a distributed data register, known as a block chain (blockchain), thanks to which a digital asset is unique and therefore non-tradable. A blockchain NFT file does not itself contain an actual digital artwork, video clip, or music. It should be thought of more as a contract that can be represented like this: “Mr. B owns file Y”. Therefore, NFT can be used successfully as a personal digital event ticket. The story of NFT was born with the publication by Yoni Assia article on “Coloured Coins” (Coloured Coins), which consist of small denomination bitcoins used to represent various assets, i.e. real estate, shares, subscriptions or works of art. It can include both tangible and intangible real estate. The main difference between NFT and cryptocurrencies is that while cryptocurrencies such as Bitcoin are fungible, NFT is as a principle immutable. The primary purpose of NFT is to provide an authentic record of an asset. It can therefore be concluded that free access to such a token may generate little or no value. This theory, however, was disproved by Jack Dorsey, who generated over $2.9 billion after posting his first ever tweet. Therefore, there is some risk associated with NFT, as further development of the token may contribute to the idea of copyright originality being considered useless.

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A Copyright and Trademark Perspective on NFT

Publication date: February 27, 2023

The arrival of NFT on the market has started to cause some new copyright problems. In national courts, we can more and more often encounter court proceedings regarding infringements of NFT copyrights. One of the more interesting examples of the importance of copyright in the context of NFT is Quentin Tarantino’s NFT. At the end of 2021, he announced that he would “mint” seven iconic scenes from the movie “Pulp Fiction” in the form of NFT. Each such NFT consists of digitized chapters from the original handwritten script, as well as unreleased scenes and Quentin Tarantino’s personalized audio commentary. The film studio Miramax, to which Tarantino sold most of the rights to the film, became interested in the case. However, the director retained the rights to the script. Miramax studio filed a lawsuit for infringement of their copyright because they decided that yes, Tarantino owns the rights to the script, but that NFT will use the brand owned by the studio, so it should benefit financially from the tokens. Currently, the case has calmed down a bit, because the parties agreed to a compromise in a private meeting and testified in court that they wanted to focus on cooperation and joint creation of NFT, unfortunately the terms of such a settlement were not disclosed.

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The future of Cybersecurity in the European Union: New NIS2 Directive framework

Publication date: February 27, 2023

“New times, new threats”. With this motto we can contextualize the outlook of the latest regulation on cybersecurity in the European Union, the NIS2 Directive. It substitutes NIS1 Directive, the previous EU cybersecurity rules from 2016. This one was reviewed at the end of 2020 and as a result of this review, the proposal for a Directive on measures for high common level of cybersecurity was presented by the Commission on 16th December 2020. The review showed that NIS1 had certain limitations. In a more digital society, new threats that were previously unnoticed or non-existent appear, and the old regulations, although they provided certain guarantees, are now obsolete. In particular, the Commission highlighted these main issues:

  • Insufficient level of cyber resilience of businesses operating in the EU;
  • Inconsistent resilience across Member States and sectors;
  • Insufficient common understanding of the main threats and challenges among Member States;
  • Lack of joint crisis response.

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THE EXPERTISE OF KIELTYKA GLADKOWSKI IN PREPARING AFFIDAVITS IN CROSS BORDER CASES

Publication date: February 27, 2023

KIELTYKA GLADKOWSKI KG Legal has experience in preparing Affidavits in various fields for the purposes of court proceedings, mostly in cross border cases.

The Affidavit is a written statement that is made under oath. It is made by a party or witness before a person authorized to make such a statement, for example a solicitor, lawyer or court. It can also be prepared by an expert – a lawyer. It is to confirm that, to the best knowledge of the person making the statement, certain facts are true. The Affidavit form is comparable to witness statements, but must include an oath clause. This is a special type of report, which aims to establish facts signed by authorized persons, under the sanction of liability for false testimony, if the untruth was made knowingly, intentionally and concerned a significant issue.

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Neobanks and Polish law

Publication date: February 27, 2023

Neobanks are online-only financial institutions, similar to banks. Neobank’s offerings tend to be more limited compared to traditional banks – sometimes it is not more than a simple checking and savings account. Such a slimmed-down model often allows neobank customers to enjoy lower fees and higher than average interest rates.

Neobanks are companies that deal with financial technology. Their offer is only financial online services. They have no physical branches. Neobanks are attractive to technology-savvy customers who do not mind performing most banking operations via a mobile application. Such institutions do not integrate new technologies solely for the sake of being innovative. By getting rid of physical branches and moving everything online, neobanks often save on costs, allowing them to cut fees and expand services.

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