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Updates from an international team of correspondents who report on recent developments in IP law and practice in their home jurisdictions, as well as strategic issues and those relating to finance, dealmaking and valuation.

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Poland

16 MARCH 2022

Supreme Court ruling on remuneration for employee inventions creates more uncertainty

A Supreme Court judgment opens the door to employee claims for additional remuneration against entrepreneurs who exploit their inventions – irrespective of whether a patent was granted. However, it also contradicts previous case law, making the situation less clear than ever

12 JANUARY 2022

Supreme Court dispels doubts about statute of limitations for claims arising from industrial property infringements

A fresh ruling involving the systematic infringement of an EU trademark appears to have ended the debate on continuous infringement in Poland – and could also have big implications for patent holders.

27 OCTOBER 2021

IP litigation in Poland is now (almost) completely remote

Remote hearings have become a mainstay in Polish litigation. A rundown of the current rules on IP litigation and how cases are being heard in the common courts, administrative courts, Polish Patent Office and at the Supreme Court provides an invaluable snapshot of the current system.

06 OCTOBER 2021

Polish Industrial Property Law looks set to undergo a revolutionary makeover

There are a number of projected changes with regard to the Polish Industrial Property Law on the horizon, which aim to overhaul how IP rights are protected in Poland.

15 APRIL 2020

IP courts come to Poland

A recent amendment has introduced a new type of proceeding into the Polish Civil Procedure, reserved exclusively for cases relating to intellectual property. IP cases will now be reviewed by specialised departments of the regional courts and courts of appeal. However, the launch date for the new procedure may be postponed in light of recent events.

11 DECEMBER 2019

Amount paid for unlawful use of a Community design can be subject to withholding tax

The Polish Supreme Administrative Court has ruled that the payer must collect withholding tax on the amount paid for the unlawful use of an unregistered Community design. This constitutes a licence fee, because – as the court pointed out – under the Organisation for Economic Co-operation and Development Model Tax Convention on Income and Capital – it is assumed that licence fees also come from a tort.

04 DECEMBER 2019

Year of change for Polish Industrial Property Law

With amendments to the trademark regulations in March, further updates and refinements in October and an ongoing discussion on the concept of IP courts, 2019 has been a year of change for the Polish Industrial Property Law. This article addresses the October update, which was adopted on 16 October 2019 and will take effect on 27 February 2020.

06 NOVEMBER 2019

Poland goes the extra mile with new guarantee marks

On 16 March 2019 the Polish Industrial Property Law underwent significant changes with regard to trademarks, in an effort to align it with the EU Trademarks Directive (2015/2436). One of the most significant alterations is the introduction of so-called ‘guarantee marks’, which replace the previous, scarcely regulated ‘collective guarantee marks’.

17 JULY 2019

Amendments strengthen the position of trademark licensees in Poland

The new updated Industrial Property Law, which came into force earlier this year, has transformed the legal position of holders of non-exclusive trademark licences in Poland. Holders of both exclusive and non-exclusive trademark licences now have the right to enforce the marks they license in their own name, regardless of whether the licence is registered in the Trademark Register.

26 JUNE 2019

SPC manufacturing waiver is poised to go

The EU Regulation on Supplementary Protection Certificates (SPC) for Medicinal Products is due to enter into force on 1 July 2019. The legislation introduces a long-awaited SPC manufacturing waiver, which aims to remedy the unintended consequences of the current SPC model and react to the changes that have occurred in the pharmaceutical industry over the last three decades.

08 MAY 2019

New approach to trademark registrability

An amendment to the Industrial Property Law aims to implement the provisions in the EU Directive 2015/2436 that approximate EU member states’ trademark laws. The amendment has simplified the definition of a ‘trademark’ and, as a result, has removed the graphical representation requirement when filing an application with the Polish Patent Office.

10 APRIL 2019

Registered and ordinary pledges for entry into the trademark register

A company’s logo is recognised as one of its most valuable assets rather than a mere characteristic. This has resulted in an increased interest in securing claims by encumbering trademarks with pledges. However, confusion may arise as to the distinction between a registered and ordinary pledge and its entry into the Polish Patent Office’s trademark register.

12 MARCH 2019

What do VAT changes mean for collecting societies?

The minister of finance has issues new rules for correcting value added tax accrued on fees paid by producers and importers of blank media, recording and reproduction devices to copyright collecting societies, clarifying the tax situation for them.

06 MARCH 2019

Changes to Industrial Property Law in motion

Parliament is working on amendments to the Industrial Property Law that will alter the definition of a ‘trademark’ and the procedure for extending trademark protection. The amendment is necessary due to the need to implement the provisions of EU Directive 2015/2436 into Polish law, so as to approximate EU trademark laws.

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