Intellectual property courts to be soon established in Poland
The works on the reform to set up specialized courts for intellectual property have advanced. The Ministry of Justice has informed that such courts would start operating next year. These courts would operate at the Regional Courts of four courts in: Warsaw, Gdańsk, Poznań and Katowice, whereby the court in Warsaw would have exclusivity for examining disputes regarding computer programs, inventions, utility models, topographies of integrated circuits, plant varieties and trade secrets of a technical nature. So far common civil courts examined disputes related to IP rights, which was found ineffective because judges examining on principle commercials matters have not had much experience in IP law.
The changes may raise objections and discourage potential claimants from initiating a dispute, due to increased costs and time commitment connected with travelling to Warsaw and other three cities.
However, such a solution has been functioning in matters related to EU trademarks and community designs, which have been examined by one specialized court in Warsaw. At the same time, that court will cease to exist and its competences will be transferred to each of the four specialized courts. Now the EU rights matters will be examined by four courts and not the only one in Warsaw.
More information on the planned reform can be found in the yesterday issue of Dziennik Gazeta Prawna at the link below.
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.
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.
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