New Incoterms 2020

After long 10 years, the International Chamber of Commerce (ICC) published a new issue of the Incoterms delivery terms this September. In the new Incoterms 2020, the ICC is following trends in the international commerce and meet demands of businessmen. The most important changes are particularly as follows.

DAT (Delivered at Terminal) term was renamed to DPU (Delivered at Place Unloaded). The purpose of this change is to reflect that goods can be delivered unloaded not only to a terminal (such as warehouse, port etc.), but also to any other place (such as buyer’s plant site).

Further, Incoterms 2020 newly foresee that a party can arrange for carriage of goods on its own. For instance, FCA (Incoterms 2010) delivery term provides a buyer’s obligation to contract on his own cost for the carriage of the goods, whereas now the buyer shall contract or arrange for carriage of the goods.

New wording of the FCA term also allows the parties to agree for the buyer to direct the carrier to issue the onboard bill of lading to the seller. The purpose of this change is to allow the parties to use the FCA term also in situations, where a document evidencing that the goods was delivered on board of a vehicle (e.g. a ship) is required by a bank according to a letter of credit.

Incoterms 2020 are intended for use as of January 1, 2020; however, you can already agree in a contract to use them. Alternatively, you can continue to refer to the previous edition Incoterms 2010 in the future, should you find it more suitable for your business. Nevertheless, it can be expected that most companies will start using the latest Incoterms 2020 in the coming months. According to information from the ICC Czech Republic, a Czech translation of Incoterms 2020 should be released in October 2019.

Business Bulletin No. 2/2019

We have prepared the second issue of this year’s Business Bulletin in a new design. We hope that it will be clearer, easier to read and more user-friendly. We have also added links to our Facebook and LinkedIn pages. We believe that news which we regularly add there will help you to better understand the world of law and keep track of current events. Of course, the most important are the news in the field of law – the legislation news is about simplifying the process of liquidation of legal entities and the proposal of a new digital tax for providers of digital services in our territory. In the case law section, we have chosen a court decision on the representation of a legal entity by its employee. As a practical tip we draw attention to the new search functionality in the international TMview database, where it is now possible to use visual search.

Business Bulletin No. 1/2019

In this issue of Business Bulletin, we bring to you information on updates and changes in legislation which came into effect at the turn of the year 2018 and 2019. As far as newly passed legislation is concerned, we will be focusing in on the amendment to the Trademark Act, which significantly changes certain procedures of the Industrial Property Office, especially the automatic rejection of proposal of a trademark identical to an older, already registered trademark. Registered owners of trademarks are now responsible for monitoring any new trademarks and submitting objections, when necessary. In regards to new legislation that is currently being discussed, we will briefly inform you about the proposal of the amendment to the Act on Banks, as well as the current state of the Act on the Protection of Personal Data and related legislation. As for the case-law updates, we have selected a decision of the Supreme Court regarding the consequences for companies where the function of one of the jointly-acting managing directors expires. Finally, we will provide you with a practical summary regarding the registration of the actual owner of a legal entity into the
registry.

Business Bulletin No. 3/2018

In this year‘s third issue of Business Bulletin we focused on the extensive amendment to the Business Corporations Act, with its main objective to eliminate the excessive legal obligations in the business environment. The amendment is finally ready to be submitted to the Chamber of Deputies. Also find about the current state of the proposed Act on the Processing of Personal Data and its ancillary act, which proposes changing many related laws, e.g. the Criminal Code or the Act on free Access to Information. You will also read about proposed amendment to the VAT Act, which changes the opinion on how the statutory body will be perceived in the VAT system. In the case law section, we summed up another of a series of rulings related to concurrence of function or the decision of the Office for Personal Data Protection, regarding a substantial fine for breaching obligation to take steps to prevent personal data against leak.