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On the agenda:

• The principle of disclosure under the Public Procurement Law.
• Business secrets under the Public Procurement Law and Act on Combating Unfair Competition.
• Specification by a Contracting Authority of requirements concerning observing confidentiality in tender contract documentation or an invitation to tender.
• Rules on how to effectively identify hard and soft copies of documents and information as confidential.
• According to case law and facts in specific cases, what kind of information is covered by confidentiality? Examples from practice
• How to effectively demonstrate and prove that information must be considered confidential, examples from practice.
• Disclosure of public tender agreements, including a new public central register of agreements from July 2022.

The program includes:

• The type of intellectual property rights that might be infringed in a computer game
  • Areas of infringement of copyright, trademarks, right to image, and other rights in video games, in particular the problem of naming games.
  • Which elements of pre-existing works and the real world can be used without danger of being held liable?
• Imitation of computer games and classification of such imitation – case study.
  • Can elements of a computer game be patented?
  • What safety measures can be employed against risk?
  • Good practices regarding protecting rights to works of a company’s own employees and contractors, and management board members as well.
  • Good practices during game development.
  • Clearing of intellectual property rights.

On the agenda:

• New recommendations made by the Public Procurement Office for procurement of computer hardware
• New recommendations made by the Public Procurement Office on public tenders for IT systems – challenges and the progress made today
• Preliminary market consultations for contracts for IT supplies and services
• Qualitative criteria for assessment of bids for the IT market
• A high rate of inflation and the Ukraine war as cause for amending an agreement for a public tender for IT supplies and services
• Stipulating and enforcing contractual penalties under IT agreements

On the agenda:

• When does conduct of a party in breach of intellectual property rights affect the value of pecuniary claims?
• A lawsuit for determination in intellectual property cases
• Processing of non-personal data: whom do non-personal data belong to and what actions can be performed on non-personal data?”
• Today’s challenges regarding protection of renowned brands – proving renown – Anna Sokołowska-Ławniczak
• NFT – what is that exactly? How use of Non-Fungible Tokens can be regulated in practice
• European patent with unitary effect – a Polish operator’s perspective

For many years, the IAB Forum has been Poland’s most inspirational conference on marketing, and has always proven effective in setting out best practices. A huge amount of information and knowledge on digital marketing in Poland awaits the attendees.

On 8 June 2022,  Agnieszka Karcz will give a lecture entitled “Transparency is a must for a marketing influencer – the legal practitioner’s perspective”.

This year, the IAB Forum 2022 will be held as a hybrid event – taking place face-to-face in Warsaw and accessible online from anywhere in the world.

The Forum is being organized by the Association of Employers of the Internet Industry Interactive Advertising Bureau (IAB) Polska.

We are looking forward to seeing you on May 16-17 at Digital Dragons 2022. Zbigniew Pinkalski, PhD will talk about Trade secrets–overlooked instrument protecting gamedev ideas.

We are looking forward to seeing you on April 5 at the Regional Seminar on Trade Secrets for the Central European and Baltic States. Prof. INP PAN dr hab. Paweł Podrecki and Zbigniew Pinkalski PhD Pinkalski will talk about Protection of Trade Secrets: State of Play in Europe and the CEBS Region.

The program includes:

• Business secrets – a new adjudication line taken by the National Appeals Chamber
• A public procurement agreement from the contractor’s perspective – what to look for
• A contractor consortium – the latest judgments, good practices, the most common mistakes
• Assigning tasks within a consortium and presenting aggregate know-how
• The procedure for providing additional documents and resolving issues in documents and bids under the new Public
• Procurement Law – selected practical issues, errors, and matters of controversy
• Prohibited clauses in public procurement agreements
• Grounds for disqualification of contractors – the major practical issues
• Contractual penalties in public procurement
• The main procedure in public procurement – rules, errors, and good practices from the contractors’ perspective
• Contractor self-cleaning – practical issues – Piotr Nepelski
• Requirements for admission to a procedure  – rules, errors, and good practices from the contractors’ perspective
• Situations in which contractors have no legal means of defense – practical issues

Program:

Part I. The specific nature of the personality rights protection process

• The particular way in which liability for breach of personality rights is structured (breach, unlawfulness, culpability)
• Protecting corporate personality rights
• Handling cases of breach of personality rights in the media
• Collating evidence independently and new rules on injunctions, and rules on disclosing/handover of evidence in court proceedings
• Injunctive relief for claims in personality rights protection cases
• Reporting breaches: Facebook/Instagram, Twitter, YouTube, Linkedin, Polish internet sites
• The latest Polish and EU adjudications on protection of personality rights, including Jezior v. Poland (31955/11), CJEU
• judgment of 3.10.2019 in case C-18/18, Supreme Court judgment of 30.09.2016 (I CSK 598/15)

Part II. Liability of a perpetrator and liability of an internet intermediary

• Who is the internet intermediary under current laws (E-commerce Directive /Electronic Services Act, Regulation 2019/1150)
• Special rules on liability of intermediaries – notice&takedown and notice&takeaction
• The rule that a general monitoring requirement cannot be imposed, and the option of making filtering for specific content obligatory
• Identifying a person directly responsible for a breach
• Areas of changes in 2021 (Digital Services Act)

Part III. Protecting privacy and the right to be forgotten

• The origin of the right to be forgotten – CJEU judgment in case C-131/12
• Exercise of the right to erasure (art. 17 GDPR)
• Differing approaches to protection of personal data and personality rights
• Civil liability for breach of data protection laws
• Exercise of the right to erasure in a civil case (legal precedent in Supreme Court judgment of 13.12.2018, I CSK 690/17)

The program includes:

• Selected issues regarding processing for internet market purposes
• Data transfer – what has changed over the last year
• Discussion on the latest rulings on the GDPR made by foreign courts
• Payment enforcement proceedings in the practice of the President of the Personal Data Protection Office
• DLT (Data Loss Prevention) systems and how they are used for data protection
• Monitoring employees when working remotely – Dr. Jan Byrski, professor of the Cracow University of Economics, Henryk Hoser
• Cooperating with a regulatory authority in light of a decision issued by the President of the Personal Data Protection Office
• Processing biometric data of employees – practical aspects
• The subjective and objective meaning of the term personal data. The differences in approaches of courts and regulatory authorities, and their implications – Dr. Grzegorz Sibiga, Professor at the Institute of Law Studies of the Polish Academy of Sciences (INP PAN),

The program includes:

• Shield 2:0 – settling accounts for subsidies for microenterprises step by step, and when repayment is annulled
• Gaining access to the Subsidy Settlement Declaration form in electronic banking
• Submission by a Recipient of a Financial Subsidy Settlement Form
• Rules on settlement of subsidies by the Polish Development Fund (PFR)
• Issuance of a decision by the Polish Development Fund
• Exemption from the obligation to repay subsidies or repay subsidies in whole or in part
• Eligibility for funding – a brief recap by Maciej Toroń, Attorney-at-law
• Settlement of subsidies for microenterprises –   Maciej Toroń, Attorney-at-law
• Settlement of subsidies for small and medium-sized enterprises Maciej Toroń Attorney-at-law
• Accumulation of funding under the 1.0 and 2.0 Shields
• Termination of a subsidy agreement by the Polish Development Fund (PFR)
• Settlement of subsidies for small and medium-sized enterprises
• Legal aspects of the 2.0 Financial Shield

Subjects covered at the event:

• Main points regarding protection of whistleblowers,
• New obligations under the proposal for an act on protection of people who report violations of law,
• The need for appropriate in-company procedures to ensure proper protection of whistleblowers and appropriate channels of communication for reporting wrongdoing.