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
Authors:
Marcin Ziarkowski
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.
Authors:
Marcin Ziarkowski
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.
Authors:
Jakub Zabraniaki
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.
Authors:
Marcin Ziarkowski
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.
Authors:
Jakub Zabraniaki
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.
Authors:
Justyna Ostrowska
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.
Authors:
Jakub Zabraniaki
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’.
Authors:
Jakub Zabraniaki
