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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.

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.

12 October 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…

02 October 2017

Litigation and eligibility: Poland

Q: What options are open to a patent owner seeking to enforce its rights in your jurisdiction? Both Polish patents and European patents validated in Poland can be enforced before the common civil courts. In order to initiate court proceedings, a…

15 June 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.

08 June 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.

13 April 2016

Poland rejects Swiss-type claims

The new Industrial Property Law introduced a long-awaited change in the rules regarding patent protection for second or further medical use of a known substance or composition, which aligns Polish patent law with the European Patent Convention and European Patent Office case law.

11 April 2016

Poland

Q: What options are open to a patent owner seeking to enforce its rights in your jurisdiction? Both Polish patents and European patents validated in Poland can be enforced before the common civil courts. In order to initiate court proceedings, a…

23 March 2016

Favourable changes to Polish trademark law

In 2015 Parliament revised the Industrial Property Law, introducing several significant changes to the trademark registration and maintenance processes. Previously, only a patent attorney could act as a party's representative before the Polish Patent Office in trademark registration proceedings, but now an attorney at law can act as a party's representative.