Poland

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.

Five counterfeit hotspots in Poland that brand owners must be aware of
Poland’s economy continues to exhibit remarkable growth, but can local brands keep up?
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.

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

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18 Jun 2020

New enforcement rules for IP rights in Poland

The amendments to the Polish Civil Procedure Code, which enter into force on 1 July 2020, provide crucial changes to the enforcement of IP rights in Poland, including the extensive regulation of proceedings related to IP rights infringement. Read more

28 May 2020

Emergency bill sets out new Polish court rules during covid-19 lockdown

On 31 March 2020 Poland introduced an emergency bill, Shield 2.0, which suspended time limits in administrative, civil and criminal proceedings. Six weeks later a second bill, Shield 3.0, came into force. This is designed to restart proceeding terms and repeals the prohibition on holding court hearings. Read more

23 Apr 2020

Rules of representation for unconventional marks in Poland

The requirement for graphic representations in trademark applications was abolished in Poland and most EU members states by the EU Trademark Directive (2015/2436). Since then trademarks can be represented in any appropriate form using generally available technology. This change has made it significantly easier to register non-traditional marks. Read more

9 Apr 2020

How Polish trademarks are affected by the coronavirus pandemic

Due to the covid-19 pandemic, many IP offices and courts have declared a judicial break. This article provides information on the changes in Polish court activity and at the Polish Patent Office, the EUIPO, European Patent Office and WIPO. Read more

Anti-Counterfeiting

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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".

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Brand management

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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

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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

13 Dec 2016

Litigation procedures and strategies: Poland

The IP Law provides the causes of action for infringement of national trademarks and international trademarks designating Poland under the Madrid Protocol; the EU Trademark Regulation provides the causes of action for infringement of EU trademarks. Where the unauthorised use also meets the criteria for unfair competition, the Act on Combating Unfair Competition applies as well. Read more

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.

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Government/Policy

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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.

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IP Offices

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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.

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Online

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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.

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Portfolio Management

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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.

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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.

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Trademark law

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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.

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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”.

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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.

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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.

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Azlina Aisyah Khalid
Senior Legal Counsel
Kuala Lumpur, Malaysia
Henry Goh & Co Sdn Bhd