Anti Covid Shield 3.0 and IP
The Polish Parliament adopted another act on the so-called anti-crisis shield, which contains special legal regulations related to the COVID-19 pandemic (“Shield 3.0”). This regulation is in force since 16 May 2020.
We present the most important issues covered by the above-mentioned regulation.
- The deadlines for filing an opposition and submitting translations of a European patent in proceedings before the Polish Patent Office have not changed. This means that they will run from 1 July 2020. Deadline for filing an opposition is 1 October 2020.
- As of the date of entry into force of Shield 3.0, the provisions concerning the suspension of the running of substantive law deadlines in administrative proceedings and court and trial deadlines in civil, criminal and administrative proceedings introduced by the Act of 31.03.2020 were repealed. They shall start 7 days after the entry into force of this act, viz. on 24 May 2020 (Article 68 of Shield 3.0).
- In civil matters, there is a possibility to hold a hearing remotely using technical equipment during an epidemic emergency or epidemic status declared due to COVID-19 and within one year of the last one being cancelled. In addition, a court may order a meeting in camera instead of a hearing if, for example, he considers it necessary to hear the case and none of the parties opposes it within 7 days (Article 15zzs1 Shield 3.0).
- In civil matters, the court has the possibility to close the hearing and issue a judgment in camera session if examining of evidence has been carried out in full and if the court receives written statements from the parties in the proceedings (Article 15zzs2 of Shield 3.0). It is also possible to refer a case to a hearing in camera on appeals lodged with the courts before 7 November 2019, unless a party requests an appeal hearing within 7 days of a delivery of the notice.
- In administrative matters during the period of an epidemic emergency, an epidemic status and for one year after the appeal of the last one, the possibility to hold a hearing remotel, using technical equipment, was introduced. In addition, the Supreme Administrative Court shall have the possibility to consider a cassation complaint in a session in camera, with the consent of the parties expressed within 14 days from the date of delivery of the notice. (Article 15zzs4).
- At present, there are none hearing in Polish Patent Office. They are planned for the end of June 2020.
- Hearings have started in civil courts, first of all in urgent cases.
The Court of Justice of the EU issued a judgement that an entity which exclusively stores for a third party goods infringing a trade mark without being aware of the infringement does not infringe the protected trade mark.
The Polish Parliament adopted an act on the so-called anti-crisis shield, which contains special legal regulations related to the COVID-19 pandemic.
Court of Justice of the EU has given a preliminary ruling concerning compensation for the infringement of a trademark which has lapsed due to non-use.
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