Law and Taxes November 2015 – a special issue of a monthly magazine prepared by KSP

We are glad to inform you that lawyers of KSP prepared a special issue of a monthly magazine Law and Taxes. This time the magazine is devoted to the issues of protection of intellectual property in enterprises. In this issue you will find a series of articles concerning the protection of entrepreneur's secret, trademarks, copyrights and trade of virtual currency "Bitcoin".

Articles from a special issue will be available soon in a bookmark “legal publications”.

Enjoy your reading!

Is your brand sufficiently protected? - we encourage you to join our ‘coffee  with a lawyer’ meeting on 10 December 2015 at 1:00 a.m. in KSP’s head office. 

Another one of the ‘Coffee with a lawyer’ meetings, arranged in cooperation with Katowice BCC Lodge. This time the discussion will be dedicated to the issue of intangible assets protection.  During the meeting, answers to the following questions will be provided:

• What intangible assets should be protected in an undertaking and why?
• How to safeguard against an infringement of the right to a business name, a trade mark, a business secret?
• How to proceed if the above rights have been infringed?

The meeting will be hosted by: Tomasz Srokosz, Partner, and  Natalia Gaweł, senior associate, a co-author of a blog dedicated to intellectual property law (KSP IP Law Blog), which you are much welcome to read.

The seminar will be held on 10 December 2015 at 11:00 a.m. in the KSP head office at 50 Chorzowska Street in Katowice, and it will take about 1.5 hours. Attendance is free (please enrol by email to malgorzata.popek@ksplegal.pl until 4 December 2015, the number of participants is limited).

Sunshine, emotions, a lot of fun and sports – it is all behind us – the 7th Edition of Silesia Marathon 2015 is over.

We wish to congratulate all runners. We hope that you will remain in the cheerful mood resulting from sports rivalry and beautiful, autumn weather, as long as possible.

We are also very happy for the finalists and winners of the “Spełniamy biegowe marzenia” competition. Tomasz Srokosz, Partner and representative of the KSP Law Firm, had the pleasure to oversee the award ceremony.

The winner of the 1st place was Michał Gruszka.
The 2nd place was taken by Maciej Mrozek, the 3rd – by Marek Bogdoł, the 4th – by Aleksandra Chochorowska, and the 5th – by Tomasz Waszkiewicz.
We sincerely congratulate Mr Michał Gruszka and the other winning contestants.

Thank you all for the time we spent together.
See you next year!

Ready, steady, go! Silesia Marathon on Sunday!

Remember – this is your last chance for training. The 7th edition of the Silesia Marathon is coming soon. The run starts on the next Sunday, 4 October 2015, at 9.00 a.m. in Katowice.

While you are getting ready, envelopes with the results of the "Spełniamy biegowe marzenia" (We Make Your Dreams About Running Come True) competition are waiting at our office. We cannot tell you the name of the winner yet (although we would really like to share this news...), but we can invite you to watch the videos made by the Marathon participants. And it is worth it. The videos are available online at: Silesia Maraton.

The contestants can win a trip to South Africa, where they will participate in the Two Oceans Marathon. This is an amazing prize, but for us, the participation in this sporting event is a reward in itself. We warmly invite you to cheer and support the runners along their route. Groups of supporters can participate in Konkurs Kibica (The Supporters' Competition), organised by the Promotion Office of the City Hall in Katowice. We are sure that the run will give a lot of enjoyment to both the runners and the audience.

We hope all participants in the 2015 Silesia Marathon will break their personal best times!

5th European Congress of Small and Medium-Size Enterprises, held on 12-14 October, Katowice 

KSP Law Firm would like to invite you  to the European Congress of Small and Medium-Size Enterprises. 

During the session titled „Real estate development in the public-private partnership formula” which will take place on 13 October 2015, at 9.00 a.m.,  Tomasz Srokosz will share his knowledge and experience in the field of counseling on the implementation of tasks related to public-private partnership. The main topic of the session will be the revitalization of Water Tower in Katowice together with the development of its surroundings. KSP Law Firm was chosen by PARP (Polish Agency for Enterprise Development) as a legal advisor for this venture. Mrs Alicja Knast, the director of Silesian Museum, who conducts the project of revitalization of Water Tower in Katowice confirmed her participation in the meeting. 

The participation in the Congress is free of charge. On behalf of the organizer – The Chamber of Commerce and Industry in Katowice, we encourage  you to read the program of the Congress 

Program of the V European Congress of SME

Coffee with a Lawyer – about labour law, 17 September 2015

KSP Employment Law experts Piotr Krupa and Maciej Pietrzycki will host the third “Coffee with Lawyer” meeting, organised jointly with the BCC Katowice Lodge. This time the meeting will be dedicated toPractical aspects of employment contract termination in the light of amendments to the Labour Code and the case law.

The following issues are going to be discussed:

• Is it always safe to terminate employment by mutual consent?
• What period of notice should be applicable to fixed term contracts?
• Is termination in non-written form effective?

We encourage all employers and their representatives, directors and HR staff to join us in the offices of KSP Law Firm, at 50 Chorzowska Str., Katowice, on 17 September 2015 at 2 pm. The meeting will take about 1.5 hour and is free of charge (if you are interested in attending the meeting, please contact malgorzata.popek@ksplegal.pl, by 14 September 2015, limited places available).

We look forward to your joining us for the discussion.

Transfer pricing in the SEZ – training: Katowice – 9 September; Wrocław – 23 September 

How to settle transactions carried out in SEZ and beyond? What changes await entrepreneurs regarding transaction documentation? We will answer these and other questions in our upcoming training sessions. We will discuss judgements and interpretations, and suggest a practical approach to transfer pricing audits. 
 
The training will be conducted by KSP tax advisers - Magdalena Patryas i Michał Wilk. We welcome financial directors, chief accountants, and all other members of accounting staff of companies operating in Special Economic Zones. 

The training programme is presented online – on the website of the Academy of Finance and Accounting.

We look forward to your joining us for the discussion!

All or almost all about excise security – series of articles

What is excise security? How does it work? What is its purpose? Who and when should lodge it? These are only some of many questions which our specialist in the field of excise tax – Łukasz Jedynak – is going to answer in the next few weeks.  A series of articles about excise security, entitled "Excise security in practice," will appear on our KSP tax blog - link. 

Enjoy reading.

Motorway tolls and fees for parking with 50% tax deduction 

On 22nd July 2015 Provincial Admininistrative Court in Warsaw issued a verdict unfavorable to taxpayers, who send their workers on business trips. To find out more read Elżbieta Stawarczyk – KSP tax consultant’s comment on blog - link.

Coffee with a Lawyer, July 30, 2015.

KSP tax advisers Elżbieta Lis and Michał Wilk will conduct a second meeting from the cycle titled: „Coffe with a Laywer” which is held in cooperation with the Katowice Lodge of the BCC. 
The meeting will be dedicated to „Tax proceedings: What is worth remembering and most often not taken into consideration - the actual power of tax offices and their way of settling the matters by force”.

The meeting will be held in the offices of KSP Law Firm, at 50 Chorzowska St., Katowice, on July 30, at 2 pm.

We look forward to your joining us for the discussion

KSP legal & tax advice is a partner of Silesia Marathon

Once again, KSP Law Firm is a partner of the biggest running event in Upper Silesia – the Silesia Marathon. Its 7th edition is planned for 4 October 2015.

Silesia Marathon attracts numerous fans of running, and helps to promote active life. Therefore, we are very happy that we can join in this event, whose aim is to promote a healthy lifestyle and to bring together the residents of our region through sport.

The marathon will start in Katowice at 9.00; its route will lead the participants along the streets of Silesian cities. The length of the race is 42.195 km. Each runner, who reaches the finish line, has a chance to win a trip to South Africa, to take part in a race along the coasts of two oceans – the Two Oceans Marathon in Cape Town. In order to participate in the "Spełniamy biegowe marzenia" (We Make Your Dreams About Running Come True) competition, win a trip and join in one of the greatest races in the world, send your competition application along with a link presenting your preparation for the marathon, to: konkurs@silesiamarathon.pl.

Applications will be accepted between 1 June and 31 August 2015, and all films will be published on an ongoing basis on a fun page Silesia Marathon on Facebook.

We encourage you to take part in the Silesia Marathon race. All details and registration forms are available on the official website of Silesia Marathon.

See you there!

The KSP Law Firm has started cooperation with PARP

We are pleased to announce that on 25 June 2015, KSP in consortium with Collect Consulting Sp. z o.o. signed an agreement with the Polish Agency for Enterprise Development (PARP) with the seat in Warsaw. The agreement concerns advisory services in the scope of preparation of public-private partnership projects. This project is co-financed by the European Union from the European Social Fund.

The advisory services will cover all types of issues related to the implementation of PPP projects, and above all consultancy support in legal, economic, technical, marketing and PR issues at the stage of preparation of PPP projects.

The services will be addressed to public entities or grantors – winners of the 3P Competition of the Polish Agency for Enterprise Development.

The PPP projects identified for consultancy will differ in terms of their type, scope and value. Considering the aim of the 3P Competition, such as the development of good PPP practices, the list of selected PPP projects will be diversified – especially in terms of the economic sectors in which the investment projects will be completed. This results from the Employer's assumption, according to which the PPP cooperation models developed in this manner would be adaptable, after certain changes, in various types of PPP projects. 

The first meeting of KSP and members of the BCC, 3 June 2015

KSP lawyers Adriana Wydziałkiewicz and Hugo Bałaziński will conduct the first meeting of the Coffee with a Lawyer Series, held in cooperation with the Katowice Lodge of the BCC. The meeting will be dedicated to effective ways of securing receivables in commercial transactions. We will also discuss receivables insurance as an additional method of protecting entrepreneurs against losses caused by non-payment. 

The meeting will be held in the offices of KSP Law Firm at 2.00 p.m. 

For additional information see Katowice Lodge of the BCC.

We look forward to your joining us for the discussion.

KSP becomes a member of the Business Centre Club

We are pleased to inform you that in May 2015, KSP Law Firm became a member of the Katowice Lodge of the Business Centre Club. The BCC was established in 1991 and it is the major association of individual employers and entrepreneurs in Poland. The BCC has 2500 members (individuals and companies) representing nearly 250 towns and cities organized around 24 regional lodges operating throughout Poland.

We hope that KSP’s cooperation with the Katowice Lodge of the BCC  will offer an opportunity to exchange experience and knowledge between Lodge members, and to establish new business contacts. We would like to invite you to periodic meetings we intend to organize in cooperation with the Katowice Lodge of the BCC during which KSP experts will discuss interesting issues, legal and tax-related aspects. 

We will provide more details about each meeting in due time.

BULLYING IN THE WORKPLACE - IDENTIFICATION, CONSEQUENCES AND COUNTERMEASURES - Conference, Katowice, May 21, 2015

KSP and Akademia HRNews invite you to participate in the "Narzędziownia HR" conference, the aim of which is to answer the need for better awareness of the current trends, proven solutions and implementations, and the necessary tools for HR departments, such as the ability of managers to identify, prevent and respond to discrimination and bullying. Presentations will be given by KSP experts: Piotr Krupa and Maciej Pietrzycki.

Our presentation will examine the issue of bullying in the workplace. We will describe the notion of bullying, and explain how to identify bullying situations. We will present the methods and tools to counteract bullying and its consequences. The participants will learn about the latest ruling practice regarding bullying, and will be given some examples of its application in the workplace.

The presentation is addressed to the management personnel responsible for HR-related processes, managers, and all employees involved in the management processes. We also welcome those who are responsible for the development of corporate regulations applicable to HR processes, and who make decisions in this area.

Further information, along with the registration form and the agenda, is available on the Narzędziownia HR website. 

The conference will be held at the Monopol Hotel in Katowice, on May 21, 2015.

You are welcome to attend the Conference.

INCOME AND COSTS IN SEZ ACTIVITY - Seminar, Wrocław - 24 April 2015, Mielec - 27 April 2015

KSP Law Firm together with the Finance and Accounting Academy (Akademia Finansów i Rachunkowości) would like to invite representatives of companies operating within special economic zones to the seminar. Participants will learn how to calculate taxable income for companies doing business in special economic zones (SEZ).  The most interesting judicial decisions will be presented and the latest interpretations regarding determination of income and costs of business operations in SEZ will be discussed.

The seminar is addressed to financial directors, chief accountants, accounting department employees, and everyone interested in current issues in the field of doing business in SEZ. The training will be delivered by Michał Wilk, KSP tax advisor.

For more information about the seminar see the attached invitation or contact the training department at the Finance and Accounting Academy, tel. +48 22 668 92 49

Law and Taxes January 2015 – a special issue of a monthly magazine prepared by KSP

We are glad to inform you that tax advisors and consultants of KSP Tax Advisory Team prepared a special issue of a monthly magazine Law and Taxes. In this issue you will find a series of articles concerning changes in CIT – including i.a. income taxation of controlled foreign companies (CFC), payment of dividend in kind, new wording of regulations concerning transfer pricing and tax records, as well as regulations in the field of thin capitalization.  We write also about changes in VAT and excise tax. Articles from a special issue are available in a bookmark “tax publications”.

We encourage you to read!

Trademarks – a judgment by the Supreme Administrative Court (NSA) of 14 January 2015 

The Supreme Administrative Court in Warsaw dismissed the cassation complaint filed by Destylarnia Sobieski S.A. against a judgment issued by the Province Administrative Court of Warsaw on 22 January 2014, file VI SA/Wa 1958/13, which upheld the decision of the Polish Patent Office cancelling the protection right for “Krupnik” word mark. 

The judgment is of revolutionary significance for entities operating in the alcohol industry, but it also has some effects for other entrepreneurs using trademarks. Destylarnia Sobieski S.A. held the exclusive right to use the word mark “Krupnik” [honey-flavoured spiced vodka] in accordance with the decision issued by the Patent Office on 9 September 1997. Proceedings conducted for over three years by KSP lawyers, Tomasz Srokosz and Natalia Gaweł proved that the decision was defective. The NSA emphasized that the name “Krupnik” had no sufficient attributes to be considered a trademark.

Cancellation of the protection right for the “Krupnik” trademark can undoubtedly reinstate the principles of competition on the market of alcohol beverages; it also confirms the trade participants’ rights of free access to marks and signs conveying names or qualities of goods, and strictly forbids the appropriation of generic names.

The NSA’s judgment is fully consistent with the verdicts and decisions issued so far by Polish administrative courts and the European Court of Justice regarding trademark distinguishing capacity. Since the panel of judges who examined the “Krupnik” case included Professor Joanna Sieńczyło-Chlabicz, an intellectual property law expert,  this judgment will certainly gain approval of representatives of the doctrine.

IP Law KSP BLOG in the contest „Blog of the Year 2014”– voting is on

IP LAW KSP BLOG participates in the contest „Blog of the Year 2014” in a category “Expert and Company Blogs”.

We sincerely encourage you to vote. To do so, you have to send SMS with a code K11452 to the no 7122 The cost of sending one SMS is 1,23 PLN. All collected funds will be donated to the Nobody’s Children Foundation. SMS voting lasts until 10.02.2015, 12:00 o’clock. 

We hope that the topics we raised in 2014 were interesting to you and that we can count on your votes in this year contest edition (more information on the organizer’s website). 

Thank you for every vote made!