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Judgement of Warsaw Court of Appeals of 9th October 2019 (case no. VII AGa 1570/18)  Intellectual property disputes are usually complex and evoke much emotion. A boundary  between an infringement and its absence is often difficult to clearly and unequivocally...

In ZG Legal’s updates we have written several times about advantages of conciliatory proceedings in IP matters (Link). It is often a very useful and effective tool in Poland to resolve IP disputes. However, in many other types of matters conciliatory proceedings are...

The case which is the subject of a recent judgment of the Court of Justice of the European Union (CJEU) concerns relatively frequent situations of disloyalty consisting in a trademark application by a former distributor, representative or agent. Judgment of the CJEU...

In intellectual property cases litigations are most often considered a necessity when negotiations fail. An alternative to a lawsuit is conciliatory proceedings, provided for in article 184 Act of 1 November 1964 Code of Civil Procedure. Submitting a motion for...

A market success on a FMCG market largely depends on the presentation of the product, in particular the packaging and designations. Therefore, producers care about the attractiveness of the appearance of a product, a brand recognition, and a clear distinction from...

Colorful vehicles have become a contribution to the interpretation of Community law in the field of the so-called positional trademarks. In the judgment of 8.10.2020, the CJEU specified the criteria for assessing the distinctive ability of position marks.

The model’s work involves, amongst others, taking part in fashion shows, photo sessions, advertisements, etc. and the results of such works are a common element of the reality that surrounds us. From the legal point of view, the question arises what rights the model...

After many years of discussions and preparations, on 1 July 2020, 5 Regional Courts for Intellectual Property, in Warsaw, Gdańsk, Lublin, Poznań, and Katowice and two Courts of Appeal in Poznań and Warsaw started operating in Poland.[1] The cases which constitute...