NEWS
All entries
The CJEU revisits the issue of limitations on trademark rights
The CJEU recently ruled on the significant issue of limitations on trademark rights. In its ruling of 11 January 2024 handed down in case number C-361/22, the CJEU interpreted Article 6(1)(c) of the now-defunct First Council Directive 89/104/EEC of 21 December 1988...
IP Telegram: Prada’s triangle pattern devoid of any distinctive character
Prada's Triangle Pattern Faces Registration Hurdles Our latest IP Telegram unpacks the recent decision by the EUIPO Board of Appeals on Prada's attempt to register its iconic triangle pattern as a trademark. In a landmark ruling on 19 December 2023, the Board...
EXPERT OPINION: Bad faith in Polish Trademark Law. Comments in the light of EU law
Legal framework According to the Polish Industrial Property Law, bad faith is an absolute ground for invalidating a trademark protection right (Article 164) (the same as in EU law). In addition, it also constitutes an absolute bar to trademark registration (Article...
Monetary claims in IP disputes in Poland – the so-called atonement fee
Many regard Poland as a jurisdiction where it is relatively difficult to seek damages in IP and fair competition infringement cases, mainly due to strict evidentiary requirements. Hence, in many cases, only non-monetary claims are pursued. Consequently, sanctions for...
EU Regulation on geographical indications for craft and industrial products
On 16 November 2023, Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 entered into...
Standing of intellectual property collective rights-management bodies to bring an action for copyright infringement
According to Article 4(c) of Directive 2004/48 on the enforcement of intellectual property rights, persons entitled to request the application of the measures, procedures and remedies (provided for in this Directive) are intellectual property collective...
Interview with Monika Żuraw, PhD, the Founding Partner of Żuraw Pikora & Partners, in the „50 High Business Profiles” publication
We are pleased to share with you the interview with Monika Żuraw, PhD, the Founding Partner of Żuraw Pikora & Partners that was included in the publication "50 High Business Profiles" prepared by Businesswoman & life Magazine in a book format published for the...
IP Alert: A lower amount of court fees for summons for amicable settlement in Poland
A lower amount of court fees for summons for amicable settlement in Poland On September 28, 2023, amendments to the Law on Court Costs in Civil Cases in Poland went into effect. According to the newly introduced Article 23a of the Law, the maximum fee...
IP Telegram: Recent Judgment of the EU General Court on the similarity of two graphic trade marks
Judgment of the General Court of the European Union of 25 October 2023 in Case T-773/22 on the similarity of two graphic trade marks which represent a dachshund In October 2023, the General Court of the European Union delivered a landmark judgment reshaping the...
CJEU adjudicated on the punitive terms of imprisonment in a trademark infringement case
Criminal liability for infringement of intellectual property rights is not unified under EU law. Nevertheless, in its most recent judgment, the CJEU commented on such liability and ruled that the threat of imprisonment should not be too high due to the provisions of...
Judgment of the General Court on the Community design of a set of socks and its packaging
The Court dismissed an appeal against the May 20, 2022 decision of the EUIPO Board of Appeals. EUIPO brought by Cyprian Iwuć in a case for the invalidity of the Community design of Xangzhou XiangHui, a company based in China. The design was challenged primarily for...
Jurisdiction over a distribution agreement between infringers from different EU member states
On 7 September 2023, the CJEU ruled in Case C-832/21 on a motion for a preliminary ruling under Article 267 of the Treaty on European Union filed by Oberlandesgericht Düsseldorf (the Higher Instance National Court in Düsseldorf, Germany). The Higher Instance National...
Contact
We invite you to contact us
Warsaw
Sobieszyńska St., no. 35
00-764 Warsaw
tel. +48 664 948 372