Przegląd Ustawodawstwa Gospodarczego Nr 08/2005

W numerze:

Joanna Sieńczyło-Chlabicz, Uniwersytet w  Białymstoku
Procedura unieważnienia wzoru wspólnotowego
Summary
Procedure of invalidating the  Community design
Representatives of doctrine very rarely define a concept of „invalidating the exclusive rights” to the intellectual property goods. It is assumed that invalidating the registration rights – in opposition to expiration of rights – is  recognizing this protection as not existing due to not fulfilling the requirements needed for obtaining the protection. It calls forth ex tunc effects, it means it reaches  to the beginning of legal protection of the intellectual property object. Invalidating the registration rights of industrial design can be determined as official annihilation of  the exclusive rights conceded to the addressee of the decision in particular proceedings before the Patent Office. Invalidating the registration rights concerning industrial design may occur when the legal requirements for conceding this right are not fulfilled or in case of proving that using the industrial design is infringement of somebody else’s personal or property rights. Invalidating the exclusive right to the design is next to expiration of this right – one of the form of its termination.
 
Joanna Kielin, Akademia Leona Koźmińskiego
Nowe rozporządzenie w sprawie wspólnotowego oznakowania ekologicznego
Summary
New EU Ecolabel Regulation
The Ecolabel scheme belongs to the European Union environmental laws, addressed to the enterprises. These norms are an expression of the EU policy on the environment, based on the principle of sustainable development, which was mentioned in IV EU Environmental Action Programme adopted for 1987-1992. Ecolabel Regulation is an expression of a single concept of a EU policy on environmental protection in relation to industry. This article aims to identify the basic assumptions of Ecolabel scheme with a particular focus on new solutions, which entered into force in the end of 2009 (Regulation No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel). The amendments proposed in the new Regulation are one of the elements of the Action Plan on Sustainable Consumption and Production and Sustainable Industrial Policy presented by the of the European Commission on July 16 2008. The purpose of the new regulation is to broaden the recognition of the Ecolabels as well as participation of a wider group organizations, and thereby simplifying the process of labelling. The Regulation introduces a new system of awarding the ecolabel and in the same time uniforms the criteria for their allocation.

Magdalena Fedorowicz, Uniwersytet Szczeciński
Anna Zalcewicz,  Uniwersytet Szczeciński
Pojęcie „instytucji finansowej”  na gruncie europejskiego i polskiego prawa bankowego
Summary
The legal term „financial institution” under EU and Polish law
The commonly used legal term the “financial institution” is ambiguous, because there is no any standard definition of „financial institution” under Polish and EU law. There are different specific definitions contained in certain existing statutory provisions (e.g. in Banking Law of 29 August 1997, in Commercial Companies Code of 15 September 2000) and EU law. It causes many difficulties when implementing, establishing and applying law so it is necessary to clarify this term.
The meaning of “financial institution” term is an object of carried deliberations in respect to EU and Polish banking law. Purpose of this article is establishment of concept of financial institution in respect to other terms existing in Polish law system: “credit institution”, “foreign bank”, “domestic bank”, “SKOK credit unions” and comparison to EU law regulations. The object of consideration is also influence of Community law on Polish banking regulations. It allows to determine the area of existing several term discrepancies and formulate a conclusions:
-  there are differences in meaning of “financial institution” term despite of implementation UE regulation – the scope of entities covered by this concept is not entirely clear;
-  European law influence on Polish banking regulations is bidirectional. On the one hand, there is a duty to implement the EU law into the Polish legal system, in that case – into the Polish banking law. On the other hand, effective transposition of EU law in Polish banking law and other legal systems of EU countries helps to create a harmonised European banking law system.
 
Wojciech Iwański, Uniwersytet  Jagielloński
Wypłata wkładu na rachunku bankowym na rzecz osoby nieuprawnione  –  podstawowe  orzecznictwo
Summary
Withdrawal of funds from a bank account by an unauthorised person – key jurisprudence
The article constitutes the first part of analysis on the problem of ramifications of funds withdrawal from a bank account by an unauthorised person from the point of view of Polish jurisprudence. Due to its relevance for banks and other entities maintaining bank accounts (or cash accounts) under agreements governed by Polish law, as well as for their clients, for many years the problem of withdrawal made by an unauthorised person frequently turns up in the doctrinal studies and rulings of Polish courts of all instances. This problem combines wide variety of issues relevant from theoretical point of view, such as duties of parties to the agreement for maintaining of a bank account, the meaning of entry on the account and a burden of proof in mutual relations between the bank and its client.
Until recently, both jurisprudence and main doctrinal voices (save for some individual exceptions) sounded univocal as for the legal ramifications of withdrawal originated by an unauthorised person. The article reconstructs the mainstream point of view on this problem which is based on general rules applicable to contractual relationships. As a point of reference for the reconstruction the article assumes rulings of the Supreme Court, as well as rulings of courts of lower instances. Finally, the author analyzes in more detail one court ruling (the verdict of the Court of Appeal in Poznań of June 25, 2008) which illustrates possible claims for damages resulting from withdrawals made by an unauthorised person.
 
KONSULTACJE
 
Dorota Fleszer, Wyższa Szkoła Handlowa w Piotrkowie Trybunalskim
Komercyjna działalność gospodarcza gminy
Summary
Commercial economical activity of commune
Analyze of reasons for legalization the economic activity performed by the commune allows to declare that its aim is using economic and property potential of this municipality. The commune may conduct the economical activity in precisely determined scopes. There are scopes of activity, which from social, economic and promotional reasons are not the objects of interests of private entities due to simple reason – they are not the source of profit. According to the above –mentioned reasons conducting the economic activity by the commune is essential supplement of constitutional “subsidiary rule”.