Region: Poland

Featured in Global Patent Litigation 2023

Although Polish courts do not operate on the basis of precedents, they are likely to follow the solidified line of reasoning of the Supreme Court, by virtue of its authority.

26 October 2022

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

16 March 2022

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.

12 January 2022

Featured in IAM Global Leaders 2022

"Nowadays, as we have a specialised patent court in Poland, the main challenge in effective enforcement is the still insufficient experience of judges dealing with patent cases."

22 November 2021

Featured in IAM Global Leaders 2022

"The present times, deeply affected by the pandemic, have certainly influenced technological progress in the field of rapid medical diagnostics."

22 November 2021

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.

27 October 2021

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.

06 October 2021

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.

15 April 2020

Featured in The Global IP Awards: Key Insights from IP Leaders 2020

30 March 2020

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.

11 December 2019