JŠK Legal Flash
Transformation to Employment Relationship of Indefinite Duration
The Supreme Court recently held that if an employer expressly prohibits an employee from working after the termination of employment or otherwise indicates to them that it does not agree with their further performance of work or does not express such consent due to an error caused by the employee wherein the employee continues to work, such employment cannot be transformed to the employment relationship of indefinite duration within the meaning of Section 65 (2) of the Labour Code. Nevertheless, if the employee continues to perform their work after the termination of the employment with the employer's acknowledgment for the purpose of the completion of specific work considering his previous above-standard relations with the employer, there will be no automatic transformation to the employment relationship of indefinite duration without verification of the will of the parties.
(Judgment of the Supreme Court No. 21 Cdo 2866/2018 of 15 April 2020)
Is a folding bike a copyright work of its designer?
The Court of Justice of the European Union (CJEU) has ruled on the protection of the legendary British bicycle Brompton, whose special feature is the ability to quickly fold and be easily transported anywhere. The patent protection on the technical design of the popular bike has expired, so there is now nothing to prevent the competition from using it on its bikes. The manufacturer is now citing copyright in its defence against imitators, claiming that the Brompton bicycle is a work of applied art. Although the CJEU has not stated unequivocally whether a bicycle is a copyright work or not, it has stated with certainty that the design of a product may be protected by copyright, even if the author was guided by technical considerations when creating it. It left to the national court to determine whether the design in this case was predestined by the bicycle's technical function, or whether the designer had at least some creative freedom. It will examine this question with the help of experts.
The Government has approved draft bills transposing the Fifth AML Directive
In addition to the ultimate beneficial owners' register bill, which has been in the media spotlight, the Government approved a bill amending the anti-money laundering act. The amendment would lead to the inclusion of additional obliged entities, such as real estate brokers or persons providing services related to virtual assets (including cryptocurrencies). Moreover, the amendment provides for strengthened identification and verification procedures for high-risk clients and stricter administrative penalties. Both bills will be submitted to the Parliament and are expected to enter into force on 1 January 2021, almost a year after the lapse of the deadline to transpose the EU directive.