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.
An important issue for litigants is the question of the litigation economy. It concerns not only the amounts awarded for damages but also the reimbursement of costs to a successful party by a losing party. In this respect, a large, and perhaps the largest, part of the...
On October 27, 2016, the Polish company SFD S.A., engaged in the trade of nutrients, dietary supplements, and dietary foods, filed an application for registration of an EU trade mark with the European Union Intellectual Property Office. Registration as a mark was...
In March 2021, The Court of Justice of the EU issued an important preliminary ruling in the field of trademark law. It confirms the necessity to respect the principles of EU law before the rules of national law, also in terms of the burden of proof. The case concerned...
We invite you to contact us
Sobieszyńska St., no. 35
tel. +48 664 948 372
fax +48 (58) 526 55 99