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Poland

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15 Apr 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. Read more

30 Mar 2020

Poland Patent Prosecution Firm of the Year: WTS Patent Attorneys

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11 Dec 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. Read more

4 Dec 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. Read more

Designs

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12 Oct 2017

New and improved IP law provisions benefit entrepreneurs

Innovative technical solutions, industrial designs and trademarks are some of the most important components that build the value of any enterprise operating in the market. Their protection increased considerably in 2016 following changes in the… Read more

Litigation

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12 Oct 2017

New and improved IP law provisions benefit entrepreneurs

Innovative technical solutions, industrial designs and trademarks are some of the most important components that build the value of any enterprise operating in the market. Their protection increased considerably in 2016 following changes in the… Read more

15 Jun 2016

Supreme Court ruling expected to increase cassation complaints filed by inventors

In a case brought by an employee-inventor for remuneration for the use of his invention, the Supreme Court recently held that the admissibility of a cassation complaint (ie, an appeal of last resort) depends on the value of the appeal provided for in labour law matters.

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5 Aug 2015

Triple remuneration for infringement of economic copyright declared unconstitutional

Previously, an author whose economic rights had been infringed could claim not only compensation, but also damages in excess of the amount of the actual damage. However, the Constitutional Tribunal recently found the provision of the Copyright Act to this effect to be unconstitutional.

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Patents Law

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25 May 2018

How European law affects national regulation of life sciences patents

As is the case with any office or court of a country party to the European Patent Convention (EPC) deciding on the revocation of a patent, the Polish Patent Office (PPO) faces a major challenge whenever local regulations do not fully overlap with EPC regulations. Read more

12 Oct 2017

New and improved IP law provisions benefit entrepreneurs

Innovative technical solutions, industrial designs and trademarks are some of the most important components that build the value of any enterprise operating in the market. Their protection increased considerably in 2016 following changes in the… Read more

15 Jun 2016

Supreme Court ruling expected to increase cassation complaints filed by inventors

In a case brought by an employee-inventor for remuneration for the use of his invention, the Supreme Court recently held that the admissibility of a cassation complaint (ie, an appeal of last resort) depends on the value of the appeal provided for in labour law matters.

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8 Jun 2016

Poland allows full cumulative protection of industrial designs

An act introducing amendments to the Industrial Property Law, which came into force in December 2015, abrogated the restriction on cumulative protection of industrial designs by repealing Article 116 of the Industrial Property Law. This article excluded industrial designs for which registration rights had expired from copyright protection.

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Poland