Visit IAM Logo
Subscribe now

Poland

Innovation at WIPO: spotlight on alternative dispute resolution at IP offices

An exclusive guest post on how WIPO has been working with global IP offices to promote the advantages of alternative dispute resolution services.

Innovation at WIPO: spotlight on alternative dispute resolution at IP offices
New specialised IP courts in Poland should make EU and domestic case law consistent
8 Jul 2020

New specialised IP courts in Poland should make EU and domestic case law consistent

Five specialised IP courts open this month but question marks remain over staffing and training.

Five counterfeit hotspots in Poland that brand owners must be aware of
12 Dec 2019

Five counterfeit hotspots in Poland that brand owners must be aware of

In the next edition of our series on markets around the world that reportedly engage in the sale of fake goods, we head to Poland.

Latest

View all
26 Aug 2021

New bill to replace decades old industrial property law in Poland

A new bill is set to replace the 20-year-old Polish Industrial Property Act. The old and much amended law has been criticised for creating interpretational doubts. The new bill claims that it will be more friendly to entrepreneurs by speeding up the very formal registration process. Read more

12 Aug 2021

Survey as evidence in trademark proceedings

The CP12 Common Practice on evidence in trademark appeal proceedings recently became binding in Poland. Here is all you need to know about its impact on the trademark space. Read more

29 Jul 2021

Poland

Poland’s legal regime of national trademark rights is regulated mainly by the Industrial Property Law (30 June 2000). Read more

22 Jul 2021

Polish Supreme Court provides much-needed clarity on trademark limitation period in Audi infringement case

After years of contradictory decisions, a recent Supreme Court ruling in a case involving Audi could signal a new turn in the protection of trademarks and the trademark limitation period. Read more

Anti-Counterfeiting

View all
17 Mar 2020

Trademark procedures and strategies: Poland

Poland’s legal regime of national trademark rights is regulated mainly by the Industrial Property Law (30 June 2000). Read more

31 Jul 2008

Supreme Court interprets Penal Code in counterfeiting case

The Criminal Law Chamber of the Polish Supreme Court has considered the interpretation of Articles 291 and 292 of the Penal Code. Among other things, the court held that the turnover of goods bearing counterfeit trademarks did not fall within the scope of Articles 291 and 292 of the code because such goods were not "property obtained by means of a prohibited act".

Read more

Brand management

View all
29 Jul 2019

The top filers and a vision for the future: inside EUIPO operations

Less than a year into Christian Archambeau’s tenure as executive director, the EUIPO is laying the groundwork for future expansion. World Trademark Review’s annual focus on the office assesses current operations, reveals the most proactive filers and explores how the agency is taking a global view of trademarks. Read more

8 Jan 2019

Protecting and enforcing design rights: Poland

The Polish design regime is largely based on registration. The crucial requirements for a design to enjoy protection are novelty and individual character. However, design applications are examined for compliance with formal requirements only. Read more

12 Sep 2018

Trademark procedures and strategies: Poland

Unregistered marks benefit from the same protection as registered ones if they are commonly known within Poland. Read more

Enforcement and Litigation

View all
15 Jul 2020

Poland introduces specialised IP courts and new types of court action

A new act amending the Civil Procedure Code and other relevant acts entered into force in Poland on 1 July 2020, introducing specialised IP courts as well as new types of IP-related court action. Read more

31 Jul 2019

Plucked wings: breaking down the CJEU’s invalidation of two Red Bull colour trademarks

A protracted case came to a close this week when Red Bull’s appeal to the Court of Justice of the European Union was dismissed. One of the intervenor’s representatives told WTR that the decision should not have any direct impact on existing colour marks. Read more

24 Aug 2018

A-Z of EU trademark court practice and performance: Netherlands to Slovenia

In the fourth of our five-part series, trademark counsel from law firms across Europe provide an overview of the performance of their countries’ EU trademark courts over the past two years. Read more

21 Dec 2017

Litigation procedures and strategies: Poland

The laws governing trademark litigation in Poland are: the Industrial Property Law of June 30 2000 (Journal of Laws 2013, item 1410); the Act on Combating Unfair Competition of April 16 1993 (Journal of Laws 2003, 153, item 1503); the Civil Procedure Code of November 17 1964 (Journal of Laws 2014.0.101); and EU Regulation 207/2009 with regards to EU trademarks. Read more

Government/Policy

View all
9 Dec 2016

Fee changes for trademark prosecution in Poland

An amendment to the Regulation of the Council of Ministers concerning the protection fees for inventions, utility models, industrial designs, trademarks, geographical indications and topography of integrated circuits has now come into effect.

Read more

26 Sep 2014

'Fighting Poland' sign obtains protection as symbol of national value

The 'fighting Poland' sign, which was created during the Second World War as a symbol of the Polish people’s protest against Nazi occupation, has acquired a unique type of protection reserved solely for national treasures. The sign was already protected as a patriotic symbol under the Industrial Property Law.

Read more

Law Firms

View all
10 Aug 2019

Poland’s economy continues to exhibit remarkable growth, but can local brands keep up?

The former communist state has developed a strong market economy, and local brands have the opportunity to exploit these conditions to gain both domestic and international traction. Read more

IP Offices

View all
31 Mar 2016

Important amendments to the Law on Industrial Property

The Law on Industrial Property has undergone several important amendments in recent months. These amendments are intended to simplify and expedite application proceedings before the Polish Patent Office.

Read more

Online

View all
12 Jan 2012

‘.pl’ domain names see highest growth rate

NASK, the registry responsible for the Polish ccTLD, ‘.pl’, has published its third quarterly report for 2011. Among the European ccTLDs, ‘.pl’ is the one that has seen the highest growth rate, with 59% of domain names being renewed in the third quarter of 2011, the highest increase noted over the last two years.

Read more

Portfolio Management

View all
11 Dec 2017

Protecting and enforcing design rights: Poland

The main regulations governing designs in Poland are: the Industrial Property Law (as amended) for national industrial designs; and the EU Community Designs Regulation (6/2002) for Community designs. Read more

24 Nov 2016

Protecting and enforcing design rights: Poland

The Polish design regime is largely based on registration. The crucial requirements for a design (referred to as an ‘industrial design’ under Polish IP law) to enjoy protection are novelty and individual character. However, design applications are examined for compliance with formal requirements only. Read more

18 Oct 2016

Opposition proceedings in Poland during transitional period

Since the introduction of the pre-registration trademark opposition system in Poland, this update covers what happens to applications filed before the relevant amendment entered into force.

Read more

14 Dec 2015

Poland

The Polish design regime is largely based on registration. The crucial requirements for a design to enjoy protection are novelty and individual character. However, design applications are examined for compliance with formal requirements only; novelty and individual character are not examined in the registration procedure.

Read more

Trademark law

View all
27 Nov 2014

Supreme Administrative Court considers whether advertising material may demonstrate use

In proceedings for the cancellation of a figurative trademark due to non-use, the Supreme Administrative Court has upheld a decision of the District Administrative Court in which the latter had found that the evidence provided by the trademark holder in the form of advertising material could not be regarded as evidence of genuine use of the mark.

Read more

20 Nov 2013

Request for preliminary injunction dismissed in comparative advertising dispute

The Warsaw District Court has dismissed a request for a preliminary injunction in a comparative advertising dispute between two telecommunications companies. Telekomunikacja Polska SA, the owner of the mark NEOSTRADA, had sought a preliminary injunction preventing competitor Polkomtel from broadcasting an advertisement using the slogan “the Internet offered by Plus is faster than Neostrada”.

Read more

19 Jul 2013

'Folk Oscars' dispute: and the Oscar goes to...

The Academy of Motion Picture and Sciences has sued a Polish folk arts association, claiming that the name of its 'folk Oscars' infringed the rights in the OSCAR marks, and demanding that the award’s name be changed. According to the academy, the term 'folk Oscars' not only takes advantage of the renown of the OSCAR mark, but also dilutes it.

Read more

5 Mar 2013

Consumers will pay greater attention to beginning of mark

The District Administrative Court has upheld a decision of the Patent Office refusing to register the figurative mark QUATRO PAK QUALITY PACKAGING on the grounds that it was confusingly similar to earlier QUATRO marks. The court held that consumers would pay greater attention to the first two words of the mark (‘quatro pak’) and that the word 'quatro', which is identical to the earlier marks, was at the beginning of the mark applied for.

Read more

Trending

1

Survey as evidence in trademark proceedings

2

New bill to replace decades old industrial property law in Poland

3

Polish Supreme Court provides much-needed clarity on trademark limitation period in Audi infringement case

4

Trademark procedures and strategies: Poland

5

Trademark procedures and strategies: Poland