Industry Reports - More Updates

Poland

Allen & Overy, A. Pędzich sp. k.

  • 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. Full text

  • 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. Full text

  • 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. Full text

  • 6 Nov
    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’. Full text

  • 17 Jul
    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. Full text

  • 26 Jun
    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. Full text

  • 8 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. Full text

  • 10 Apr
    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. Full text

  • 12 Mar
    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. Full text

  • 6 Mar
    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. Full text

  • 13 Feb
    2019

    Tribunal decides on unconstitutionality of information disclosure request provided for in Polish Industrial Property Law

    The Polish Constitutional Tribunal found Article 2861(1)(3) of the Polish Industrial Property Law to be unconstitutional. This enabled rights holders to request the disclosure of information necessary to pursue infringement claims from a party other than the infringer if such party held or used goods that infringed IP rights. Full text